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Agenda Packet City Council - 09/09/2008
CITY COUNCIL AGENDA SEPTEMBER 9, 2008 11:45 A.M. — Proclamation declaring Monday, September 8, 2008 as "National Literacy Day" Proclamation declaring the month of September 2008 as "National Alcohol and Drug Addiction Recovery Month" Commendation Certificates for 2007 -2008 Neighborhood Initiative Partners AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 SEPTEMBER 9, 2008 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL. CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y tree que su ingles es limitado, habra un interprete 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 Associate Pastor Armando Torralva, Brighton Park Baptist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tem Priscilla Leal Council Members: Melody Cooper Interim City Manager Angel R. Escobar Larry Elizondo, Sr. City Attorney Mary Kay Fischer Mike Hummell City Secretary Armando Chapa Bill Kelly John Marez Nelda Martinez Michael McCutchon E. MINUTES: 1. Approval of Regular Meetings of August 19, 2008, August 26, 2008, and the Workshop Meeting of August 26, 2008. (Attachment # 1) Agenda Regular Council Meeting September 9, 2008 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * Airport Board * Animal Control Advisory Committee * Arts and Cultural Commission 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. CITY MANAGER'S REPORT * Upcoming Items I. 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. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) 3.a. Motion authorizing the City Manager or his designee to accept supplemental funding in the amount of $30,000 from the Governor's Division of Emergency Management, Texas Department of Public Safety, for additional funding eligible under the FY 2008 Local Border Security Program and to execute all related documents. (Attachment # 3) Agenda Regular Council Meeting September 9, 2008 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3.b. Ordinance appropriating $30,000 from the Governor's Division of Emergency Management, Texas Department of Public Safety in the No. 1061 Police Grants Fund for overtime associated with the Border Star Program. (Attachment # 3) 4.a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $89,001 from the State of Texas, Criminal Justice Division to continue the Victims of Crime Act (VOCA) grant within the Police Department for Year 9 with a City cash match of $19,424, in -kind match of $3,200 fora total project cost of $111,625 and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. (Attachment #4) 4.b. Ordinance appropriating $89,001 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Victims of Crime Act (VOCA) Fund and authorizing the transfer of $19,424 from the No. 1020 Cash Contributions to Grants Fund to the No. 1061 Police Grants Fund as grant matching funds. (Attachment # 4) 5. Resolution authorizing the City Manager or his designee to execute an agreement to establish the Matthew Thebeau Memorial Award. (Attachment # 5) 6.a. Resolution authorizing the City Manager or his designee to accept a grant of $230,351 from the Texas Department of State Health Services for personnel costs and other expenses relating to a plan for responding to an act of terrorism and to execute all related documents. (Attachment # 6) 6.b. Ordinance appropriating a grant of $230,351 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for personnel costs and other expenses relating to a plan for responding to an act of terrorism. (Attachment # 6) 7.a. Resolution authorizing the City Manager or his designee to accept a grant of $241,637 from the Texas Department of State Health Services to provide an immunization program for children, adolescents, and adults, with special emphasis on children two years of age or younger, an to execute all related documents. (Attachment # 7) Agenda Regular Council Meeting September 9, 2008 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 7.b. Ordinance appropriating a grant of $241,637 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide an immunization program for children, adolescents, and adults, with special emphasis on children two years of age or younger. (Attachment # 7) 8.a. Resolution authorizing the City Manager or his designee to accept a grant of $202,923 from the Texas Department of State Health Services to provide essential public health services and to execute all related documents. (Attachment # 8) 8.b. Ordinance appropriating a grant of $202,923 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide essential public health services. (Attachment # 8) 9.a. Resolution authorizing the City Manager or his designee to accept a grant of $63,134 from the Texas Department of State Health Services to provide tuberculosis prevention and control services and to execute all related documents. (Attachment # 9) 9.b. Ordinance appropriating a grant of $63,134 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide tuberculosis prevention and control services. (Attachment # 9) 10.a. Resolution authorizing the City Manager or his designee to accept a grant of $22,500 from the Texas Department of State Health Services to provide laboratory services for the analysis of bay water samples and to execute all related documents. (Attachment # 10) 10.b. Ordinance appropriating a grant of $22,500 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide laboratory services for the analysis of bay water samples. (Attachment # 10) 11.a. Resolution authorizing the City Manager or his designee to accept a grant in the amount of $394,978 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the South Texas Library System at the Corpus Christi Public Library for State Fiscal Year 2008 -2009. (Attachment # 11) Agenda Regular Council Meeting September 9, 2008 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 11.b. Ordinance appropriating $394,978 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to continue operation of the South Texas Library System at the Corpus Christi Public Library for State Fiscal Year 2008 -2009. (Attachment # 11) 12.a. Resolution authorizing the City Manager or his designee to accept a grant in the amount of $79,000 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System at Corpus Christi Public Library for the State Fiscal Year 2008 -2009. (Attachment # 12) 12.b. Ordinance appropriating $79,000 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to continue operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System at the Corpus Christi Public Library for State Fiscal Year 2008- 2009. (Attachment # 12) 13.a. Resolution authorizing the City Manager or his designee to accept a grant in the amount of $148,694 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Interlibrary Loan Referral Center at the Corpus Christi Public Library for State Fiscal Year 2008 -2009. (Attachment # 13) 13.b. Ordinance appropriating $ 148,694 from the Texas State Library and Archives Commission in the No. 1068 Library Grants Fund to continue operation of the Interlibrary Loan Referral Center at the Corpus Christi Public Library for State Fiscal Year 2008- 2009. (Attachment # 13) 14.a. Resolution authorizing the City Manager or his designee to accept a grant from the State of Texas, Office of Governor, Criminal Justice Division, in the amount of $10,874.14 for the Juvenile Accountability Incentive Block Grant Program for an Anti - Shoplifting Education Program for the Municipal Juvenile Court to reduce juvenile delinquency, improve the Juvenile Justice System, and increase accountability of juvenile offenders, with a City Match of $1,208.24 in the No. 1020 General Fund, and a total project cost of $12,082.38. (Attachment # 14) Agenda Regular Council Meeting September 9, 2008 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 14.b. Ordinance appropriating $10,874.14 from State of Texas, Office of the Governor, Criminal Justice Division, in the No. 1061 Police Grant Fund for eligible funding under the Juvenile Accountability Incentive Block Grant Program for an Anti - Shoplifting Education Program for the Municipal Juvenile Court to reduce juvenile delinquency, improve the Juvenile Justice System, and increase accountability of juvenile offenders; transferring $1,208.24 from the No. 1020 General Fund and appropriating it in the No. 1061 Police Grant Fund as grant matching funds; appropriating $7,500 of estimated program income in the No. 1061 Police Grant Fund. (Attachment # 14) 15. Motion authorizing the City Manager or his designee to execute Change Order No. 2 for leachate pond service roadways, containment pond, culverts, and roadway repairs in the amount of $297,986.35 with Longhorn Excavators, Inc., of Richmond, Texas for the Cefe F. Valenzuela Landfill Section 4A Liner & Leachate Collection System and Section 4B Excavation. (Attachment # 15) 16. Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Emil Martin Zuberbueler, et al in the amount of $55,654 plus $1,500 in closing costs, for the purchase of fee simple property rights for Parcel 1, being 15.901 acres out of the Margaret Kelly Land, located east of the Corpus Christi International Airport (CCIA) by Bear Lane and FM 763 (Joe Mireur Road ) in connection with the Taxiway Rehabilitation, Taxiway Signage /Lighting and Airfield Drainage Project, Phase VI and for other municipal purposes. (Attachment # 16) 17. Motion authorizing the City Manager or his designee to execute a contract with James Hetherington (Artist) for the design, production, installation, and purchase of a permanent work of art created in stainless steel, in the amount of $12,375.00 as part of the Percent for Art Program associated with the Fire Station #17 construction project. (Attachment # 17) 18. First Reading Ordinance — Authorizing the City Manager or his designee to execute a twenty -year lease agreement with Miracle League of Corpus Christi, Inc. for the use of approximately 1.25 acres on the State School Park Site in consideration of Miracle Field construction, use, and maintenance; providing for publication. (Attachment # 18) Agenda Regular Council Meeting September 9, 2008 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 19. First Reading Ordinance — Amending the Code of Ordinances Chapter 33, by enacting a new section, Section 33 -17, Pre- payment required for gasoline or diesel fuel dispensed at a retail fuel business, to require businesses selling gasoline or diesel fuel to individual customers to provide for pre - payment of the sale before fuel may be pumped; providing for publication; and providing for penalties. (Attachment # 19) 20. First Reading Ordinance — Amending Section 14 -1341, Platting Ordinance Fees, Section 55 -70, Adoption of Rules, Regulations and Water and Gas Fees, and Section 55- 71(B)(2), (3), and (5), Sewer Tapping Fees, Code of Ordinances, City of Corpus Christi, to increase or establish fees related to Platting and Taps; providing for publication. (Attachment # 20) 21. Second Reading Ordinance - Amending the Code of Ordinances, Chapter 33, Offenses and Miscellaneous Provisions, to establish Article VIII, regarding rules of operation for City maintained cemeteries; providing for publication; providing for penalties. (First Reading 08/26/08) (Attachment # 21) 22. Second Reading Ordinance - Abandoning and vacating a 3,782.34- square foot portion of the Columbia Parkway public street right -of -way, located just south of the Trojan Drive public street right -of -way; subject to owner's compliance with the specified conditions. (First Reading 08/26/08) (Attachment# 22) J. PUBLIC HEARINGS: ZONING CASES: 23. Case No. 0708 -02, Greenwood - Molina Nursery School, Inc.: A change of zoning from a "R-1B" One - family Dwelling District to an "AB" Professional Office District resulting in a change of land use from residential to commercial on property described as Washington Addition, Block 1, Lot 14, located at 953 National Street across from the Greenwood - Molina Nursery School, Inc. (Attachment # 23) Planning Commission's & Staffs Recommendation: Denial of the "AB" Professional Office District, and in lieu thereof, approval of a "R -1 B" One - family Dwelling District with a Special Permit to allow a playground on Washington Addition, Block 1, Lot 14, as Agenda Regular Council Meeting September 9, 2008 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) an accessory use to the childcare center occupying Washington Addition, Block 2, Lots 38, 39, 40, and 41 and subject to five (5) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Greenwood - Molina Nursery School, Inc., by changing the Zoning Map in reference to Washington Addition, Block 1, Lot 14, from "R -1 B" One - Family Dwelling District to "R -1 B /SP" One - Family Dwelling District with a Special Permit to allow a playground, subject to five (5) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. 24. Case No. 0708 -05, Anchor Harbor Mobile Home Community, L.L.C.: A change in zoning from a "B-4" General Business District to a "T -1A" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 1, resulting in a change of land use from commercial to travel trailer park and "T- 1B" Manufactured Home Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 2, resulting in a change of land use from commercial to manufactured home park on property described as 3.167 acres out of Anchor Harbor Tract No. 1, located on the north side of South Padre Island Drive and approximately 500 feet west of Paul Jones Avenue. (Attachment # 24) Planning Commission's & Staff's Recommendation: Approval of the "T -1A" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 on Tract 1 and "T -1 B" Manufactured Home Park District with a "PUD -2" Planned Unit Development -2 Tract 2 and subject to a site plan and four (4) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Anchor Harbor Mobile Home Community, LLC, by changing the Zoning Map in reference to 3.167 acres out of Anchor Harbor, Tract No. 1, from "B-4" General Business District to "T -1A" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 1, resulting in a change of land use from commercial to travel trailer park, and from "B-4" General Business District to "T -1 B" Manufactured Home Park District with Agenda Regular Council Meeting September 9, 2008 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a "PUD -2" Planned Unit Development -2 Overlay on Tract 2 resulting in a change of land use from commercial to manufactured home park; subject to a Site Plan and four (4) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 25. Motion to adopt an ordinance setting a tax rate of $0.563846 per $100 valuation; prescribing the taxes to be levied, assessed and collected by the City of Corpus Christi, Texas for Tax Year 2008 and for each succeeding year thereafter until otherwise provided and ordained and such other years, as the same may be applicable. (Attachment # 25) 26. Ordinance by the City Council of the City of Corpus Christi, Texas, providing for the issuance of City of Corpus Christi, Texas, Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 2008, in the aggregate principal amount of $12,000,000, and ordaining other matters relating to the subject. (Attachment # 26) 27.a. Motion authorizing the City Manager or his designee to accept and execute all related documents for a Museums for America Grant from the Institute of Museum and Library Services in the amount of $150,000 for the exhibit, "Voyage: A Journey Through Our Solar System" to be installed along Shoreline Boulevard. (Attachment # 27) 27.b. Ordinance appropriating $179,600 into the Museum Grants Fund No. 1069 for the purchase of the exhibit, "Voyage: A Journey Through Our Solar System" from the following sources: Museums for American Grant in the amount of $150,000 from the Institute of Museum and Library Services, $15,000 cash donation from the Corpus Christi Independent School District Foundation, $11,000 cash donation from American Bank, and $3,600 cash donation from the Friends of the Corpus Christi Museum of Science and History. (Attachment # 27) Agenda Regular Council Meeting September 9, 2008 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 27.c. Motion authorizing the City Manager or his designee to execute an agreement with Exhibitology, LLC in the amount of $179,600 for the fabrication of the exhibit, "Voyage: A Journey Through Our Solar System ". (Attachment # 27) 28. Motion authorizing the City Manager to execute a Memorandum of Agreement between the Veterans' Land Board of the State of Texas and Nueces County and the City of Corpus Christi for the establishment of a State Veterans' Cemetery. (Attachment # 28) 29. Resolution authorizing the City Manager or his designee to execute a Memorandum of Understanding with Nueces County to develop and implement administrative changes within the City - County Health District. (Attachment # 29) 30.a. Motion authorizing the City Manager or designee to accept grants from the U. S. Department of Housing and Urban Development to implement the FY2008 Consolidated Annual Action Plan, including the Community Development Block Grant (CDBG), the Emergency Shelter Grant (ESG), and the HOME Investment Partnerships (HOME) Grant, and execute subrecipient agreements for community planning and development projects and activities. (Attachment # 30) FY2008 CDBG FUNDING (1) Amistad Community Health Center - $100,000 (2) Corpus Christi Hope House - $50,000 (3) Del Mar College /Business Resource Center - $150,000 (4) Goodwill Industries of South Texas, Inc. - $100,000 (5) Gulf Coast Council of La Raza, Inc. - $50,000 (6) International Westside Pony League - $95,000 (7) Mental Health Mental Retardation Center of Nueces County (MHMR -NC) - $75,000 (8) Mother Theresa Shelter, Inc. - $100,000 (9) Nueces County Community Action/Weatherization /Minor Home Repair - $60,000 (10) Palmer Drug Abuse Program - $40,000 (11) Wesley Community Center - $50,000 (12) YMCA of the Coastal Bend - $78,066 FY2008 ESG FUNDING (13) Catholic Charities of Corpus Christi - $15,000 (14) Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place - $15,000 (15) Corpus Christi Hope House, Inc. - $15,000 Agenda Regular Council Meeting September 9, 2008 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) (16) Corpus Christi Metro Ministries, Inc. - $30,000 (17) Mary McLeod Bethune Day Nursery, Inc. - $15,000 (18) The Ark Assessment Center and Emergency Shelter for Youth - $15,000 (19) The Salvation Army - $20,000 (20) Timon's Ministries - $5,000 (21) Wesley Community Center - $12,469 FY2008 HOME FUNDING (CCCIC) (22) Accessible Housing Resources, Inc. — $85,000 (23) Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place - $100,000 (24) Nueces County Community Action Interim Financing: Infill Revitalization Project (CHDO) - $189,000 (25) Nueces County Community Action Agency Acquisition/ Rehab /Resale (CHDO) - $65,000 30.b. Ordinance appropriating $5,917,493 in the No. 1059 CDBG Grants Fund for the FY2008 Consolidated Annual Action Plan which includes: (1) $4,053,099 for the CDBG Program, consisting of $3,354,513 of entitlement funds, $470,000 of program income from housing loans, $128,586 of demolition lien program income, and $100,000 of reprogrammed funds; (2) $149,967 of entitlement funds for the ESG Program; and (3) $1,714,427 for the HOME Program, consisting of $1,604,096 of entitlement funds, $10,331 of the American Dream Downpayment Initiative Grant, $100,000 of program income from housing loans, for approved community planning and development projects and activities. (Attachment # 30) 30.c. Motion authorizing the City Manager or his designee to execute amendment to the FY2008 subrecipient agreement with Del Mar College for Business Resource Center to include an additional carryover amount of approximately $16,198 from the FY2007 Community Development Block Grant (CDBG) to provide small business assistance and administration. (Attachment # 30) 31. Presentation of initiative proceedings and consideration of an ordinance pursuant to Article I, Section 4, of the City Charter to raze Memorial Coliseum and erect an appropriate memorial in an appropriate location honoring: "the sons and daughters of Nueces County who made the supreme sacrifice in World War If ". (Attachment # 31) Agenda Regular Council Meeting September 9, 2008 Page 12 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 32. Resolution establishing the City Council's guidance on the installation of bollards seaward of the Padre Island seawall to address safety issues related to the eroding beach between renourishment efforts. (Attachment # 32) (RECESS REGULAR COUNCIL MEETING) L. MEETING OF CITY CORPORATION: 33. CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION (CCCIC): (Attachment # 33) AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION REGULAR MEETING Date: Tuesday, September 9, 2008 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 1. President John E. Marez calls meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors John E. Marez, Pres. Melody Cooper, Vice Pres. Larry Elizondo, Sr. Henry Garrett Mike Hummel) Bill Kelly Priscilla Leal Michael McCutchon Nelda Martinez Officers Vacant, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance Sanchez, Asst. Treas. 3. Approval of the minutes of July 8, 2008 & July 15, 2008. 4. Approval of the financial report. 5. Motion to designate Angel R. Escobar as General Manager of the Corporation. Agenda Regular Council Meeting September 9, 2008 Page 13 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 6. Motion authorizing the CCCIC General Manager or designee to execute FY2008 Subrecipient funding agreements from the HOME Investment Partnerships (HOME) Program and to execute all related and necessary documents. FY2008 HOME FUNDING — FOR AFFORDABLE HOUSING PROGRAMS a. Accessible Housing Resources, Inc. - $85,000. b. Nueces County Community Action Interim Financing: Infill Revitalization Project (CHDO) - $189,000. c. Nueces County Community Action Agency Acquisition /Rehab /Resale - $65,000. 7. Motion authorizing the General Manager or his designee to execute a FY2008 HOME agreement with the Coastal Bend Alcohol and Drug Rehabilitation Center d.b.a. Charlie's Place with the revised scope of work from rehabilitation to acquisition. 8. Consideration and possible action on a resolution declaring 2918 Blake Street, formally known as Lot 8, Block B, Reynolds Addition of the City of Corpus Christi, Nueces County, Texas, as surplus property; authorizing publication of notice and sale of the property by sealed bids; and authorizing the General Manager or his designee to accept the highest amount bid in the exchange for the property; and authorizing the General Manager or his designee to execute any and all necessary documents related to this transaction. 9. Public Comment. 10. Adjournment. (RECONVENE REGULAR COUNCIL MEETING) Agenda Regular Council Meeting September 9, 2008 Page 14 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) M. PRESENTATIONS: Public comment will not be solicited on Presentation items. 34. Status and Proposed Schedule of Hearings for Adoption of the Unified Development Code (UDC) (Attachment # 34) 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 AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree que su ingles es limitado, habra un interprete ingles- espanol en la reunion de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. O. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Govemment 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. Agenda Regular Council Meeting September 9, 2008 Page 15 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 35. Executive session under §551.087 of the Texas Government Code for deliberations regarding the offer of a financial or other incentive to a business prospect, the Las Brisas project, with possible discussion and action related thereto in open session. 36. Executive session under §551.072 of the Texas Government Code for deliberations regarding the lease of real property adjacent to Lake Corpus Christi, with possible discussion and action related thereto in open session. 37. Executive session under §551.087 of the Texas Government Code to consult with its attorney about legal issues relating to the proposed long -term power supply contract with Cities Aggregation Power Project, Inc., with possible discussion and action related thereto in open session. P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at '3 45 p.m., on September 3, 2008. 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 Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Friday before 5:00 p.m. Symbols used to highlight action items that implement council goals are on attached sheet. City Council Goals 2007 -2009 ie I': WNI Develop Street Plan Texas A &M University— Corpus Christi Expansion Neighborhood Improvement Program (NIP) and Model Block Expansion Development Process Improvement Bond 2008 Coliseum Plan Master Plan Updates Improve Code Enforcement Downtown Plan Charter Review 1 PRESENT Mayor Henry Garrett Mayor Pro Tem Priscilla Leal* Council Members: Melody Cooper Larry Elizondo, Sr.** Mike Hummell Bill Kelly Michael McCutchon John Marez*** Nelda Martinez *Arrived at 9:19 a.m. **Arrived at 10:07 a.m. **"Arrived at 10:22 a.m. MINUTES CITY OF CORPUS CHRISTI, TEXAS Council Workshop August 26, 2008 — 8:53 a.m. City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the workshop meeting to order in the Council Chambers of City Hall. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the workshop meeting. City Manager Noe announced that the focus of the workshop was to discuss the utility trust funds and the development of impact fees. Mr. Noe introduced the presentation team as follows: Assistant City Manager of Development Services Robert Nix, Deputy Director of Development Services Johnny Perales, and President of Duncan Associates Jim Duncan. Mr. Perales referred to a powerpoint presentation on the utility trust funds including previous work and considerations; methodology and evaluation; history of the water arterial, water distribution, wastewater trunk, and wastewater collector funds; wastewater fund inter -fund transfer; impact of transfers to wastewater collection line trust fund from the wastewater trunk line trust fund; solutions recommended to increase wastewater trust fund viability; revenue components of combined wastewater funds; existing apportionment of revenues for wastewater trust funds; proposed re- apportionment of revenues for wastewater trust funds; wastewater collection line trust fund activity before and after connection surcharge re- apportionment; wastewater trunk line trust fund before and after connection surcharge re- apportionment; proposed revenue enhancements for the wastewater trunk line trust fund; density factors and the affects to the wastewater trunk line; expansion of concept to water trust funds; water distribution line trust fund activity before and after connection surcharge re- apportionment; water arterial line trust fund activity before and after connection surcharge re- apportionment and the density factor applied; staff recommendation; proposed platting ordinance language; and requested council action. The following topics pertaining to this item were discussed: the wastewater inter -fund transfers; whether there is a system in place to pay back the transfers; an evaluation to determine the viability of the wastewater fund; the review period for the funds; expenditures in the wastewater collector line trust fund; the lack of new wastewater activity; the impact for closing the fund on development; how long the fund has been reopened and the activity; the density factor; the proposed re- apportionment revenues in the wastewater trust fund; the impact if the fund had not been shut down; whether the density factor applied to wastewater will encourage urban sprawl and the impact on development; and whether the density factor only applies to the trunk line trust fund. —1— Minutes — Council Workshop August 26, 2008 — Page 2 Dr. McCutchon made a motion directing staff to begin the formal adoption process for recommended ordinance amendments. The motion was seconded by Ms. Martinez. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Garrett, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Cooper, Elizondo, and Marez were absent. City Manager Noe announced that the next section of the presentation dealt with the remaining trust fund issues. Mr. Perales provided a presentation on the history of the $3.5 million "loan"; the current status of the loan, the trust fund balances as of July 31, 2008; recommended disposition of loan; and requested council action. The following topics pertaining to this item were discussed: whether the trust fund balances as of July 31, 2008 assume that the $3.5 million loan is transferred; the reason the loan transfer never occurred; the reason for the negative balance in the wastewater trunk line fund; whether the inter -fund transfers are reflected on the trust fund balances; whether there is a plan to pay back the $1.3 million transfer; repeal of the original loan; whether the development community expects the City to use CIP funds to pay for the London School and Rose Acres projects; requirements for lift stations and infrastructure; the reason the loan was appropriated and when; the state of the fund at the time the loan was approved; how the loan amount was determined; staff recommendation; and the distinction of developer funds. Dr. McCutchon made a motion directing staff to prepare an agenda item which will provide for the repeal of the $3.5 million loan of the previous ordinance, and a $1.3 million transfer of funds from the Wastewater CIP fund directly to the Sanitary Sewer Trunk Line Fund. The motion was seconded by Ms. Martinez. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Cooper and Marez were absent. Mayor Garrett called for a brief recess to convene the regular Council meeting. Mayor Garrett returned to the workshop meeting at 10:18 a.m. to discuss the utility alternative financing study. Jim Duncan, Duncan Associates, referred to a powerpoint presentation including the consultant background; impact fee experience; the mission of the project; alternative financing methods; comparison with other Texas cities; current wastewater financing; trunk/collection line financing; wastewater financing issues; wastewater alternatives; wastewater recommendations; storm water financing issues; and storm water financing alternatives. The following topics pertaining to this item were discussed: the residential and commercial utility rate comparison; the plant being considered for the treatment plant expansion; whether the Allison plant can accommodate future growth; the anticipated timeframe to expand Allison; anticipated population growth near the Allison treatment plant; recent utility rate increases; implementing wastewater impact fees; whether staff recommends proceeding with the consultant's recommendation on impact fees; the system used by other cities on wastewater impact fees; direction by previous council; and other alternatives. Dr. McCutchon made a motion directing staff to implement a wastewater impact fee and bring back a recommendation. The motion was seconded by Mr. Hummell. City Secretary Chapa polled the Council for their votes as follows: Minutes — Council Workshop August 26, 2008 — Page 3 The foregoing motion failed with the following vote: Hummell, Leal, McCutchon, and Marez, voting "Aye "; Garrett, Elizondo, Kelly, and Martinez, voting "No "; Cooper was absent. Mr. Kelly made a motion directing staff to proceed with recommendations on how to fund wastewater treatment plant expansion, including impact fees or other alternatives, the effect on rate payers, and the impacts of the various approaches. The motion was seconded by Mr. Elizondo. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. City Manager Noe announced that the final issue for discussion was the City contribution toward new infrastructure. Mr. Perales presented information including the current amount of contribution; the capital improvement program; treatment plant expansion; lift station and force main upgrades; trunk main extensions; positive and negative aspects; and requested Council action. The following topics pertaining to this item were discussed: whether infill lots would have impact fees; the plan to incorporate a development component; council control of expenditures for infrastructure; growth and redevelopment plan; Master Channel 31 reimbursement; whether staff will present a list of areas for directed growth as part of the plan; staff recommendation; whether the only funding method is CIP funds; the limitations established on CIP funding; other incentives for developing in a particular area; and evaluating the process in other communities. Mr. Kelly made a motion directing staff to develop a more detailed plan to incorporate a development component within future capital improvement programs as a part of a city directed growth and /or redevelopment incentive plan. The motion was seconded by Ms. Martinez and passed. City Secretary Chapa polled the Council for their votes as follows: The following motion was passed and approved with the following vote: Garrett, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye "; Hummell and Leal voting "No"; Cooper was absent. There being no further business to come before the Council, Mayor Garrett adjourned the council workshop at 11:20 a.m. on August 26, 2008. PRESENT Mayor Henry Garrett Mayor Pro Tem Priscilla Leal Council Members: Melody Cooper* Larry Elizondo, Sr. Mike Hummel) Bill Kelly Michael McCutchon John Marez Nelda Martinez MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 19, 2008 - 10:00 a.m. City Staff: City Manager George K. Noe City Attomey Mary Kay Fischer City Secretary Armando Chapa `Arrived at 10:02 a.m. Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Micah Davidson with Real Life Fellowship and the Pledge of Allegiance to the United States flag was led by Council Member Bill Kelly. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Garrett called for approval of the minutes of the regular Council meeting of July 29, 2008. A motion was made and passed to approve the minutes as presented. * *** * * * ***** Mayor Garrett referred to Item 2 and the following board appointments were made: Civil Service Board /Commission John Silvas (Reappointed) Jessica Davila- Burnett (Appointed) Mayor Garrett called for consideration of the consent agenda (Items 3 - 8). There were no comments from the public. City Secretary Chapa announced that Item 7 was removed by staff and replaced with Supplemental Agenda Item 7.b. Mr. Jimmy Dyer requested that Item 6 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2008 -216 Motion approving supply agreements with the following companies for the following amounts for water and wastewater treatment chemicals in accordance with Bid Invitation No. BI -0176- 08, based on low bid for an estimated six -month expenditure of $1,656,814. The terms of the contracts will be for six months with options to extend for up to five additional six -month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Water and Wastewater Departments in FY 2008 -2009. -5- Minutes — Regular Council Meeting August 19, 2008 — Page 2 Univar Corpus Christi, Texas Liquid Caustic Soda $1,300,940 Total: $1,656,814 Altivia Houston, Texas Sodium Hypochlorite Solution $355,874 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 4.a. ORDINANCE NO. 027809 Ordinance appropriating an amount of $184,732 from the Tankel Estate Reserve in the General Fund to be applied to the purchase of two fire pumper trucks. An emergency was declared, and the foregoing ordinance was ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 4.b. MOTION NO. 2008 -217 Motion approving the lease purchase of two (2) ambulances and two (2) fire pumper trucks from the following companies for the following amounts, based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (HGAC). The ambulances and fire pumper trucks will be used by the Fire Department. Financing will be provided through the City's lease- purchase program. San Antonio Ambulance Sales, Inc. San Antonio, TX Items: 1 $202,858 Total: $1,002,804 Siddons Fire Apparatus, Inc. Houston, TX Items: 2 $799,946 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". MOTION NO. 2008 -218 Motion approving a supply agreement with M.T. Deason Company, of Birmingham, Alabama for hot tap fittings in accordance with Bid Invitation No. BI- 0182 -08 based on low bid for an estimated annual expenditure of $67,478.75. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Gas Department in FY 2008 -2009. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". -6- Minutes — Regular Council Meeting August 19, 2008 — Page 3 7.b. MOTION NO. 2008 -220 Motion approving a change in scope to the FY2007 Community Development Block Grant (CDBG) project for the Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place from rehabilitation to acquisition and authorizing the City Manager or his designee to execute all necessary and related documents. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 8. MOTION NO. 2008 -221 Motion authorizing the City Manager, or his designee, to execute Amendment No. 15 to the engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $374,065 for a restated not to exceed total fee of $2,629,069 for the Corpus Christi International Airport Airfield Perimeter Road Improvements, Airport Rescue and Firefighting Facility and Airfield Equipment and Maintenance Facility. The foregoing'motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 6 regarding a service agreement for workers' compensation third -party administration services. Jimmy Dyer, Director of Sales and Client Services for Tristar Risk Management provided a background of Tristar and spoke regarding the previous Request for Proposal (RFP) process in 2003; the current RFP requirements; the reasons for not allowing proposers to provide a system demonstration and open exchange during the RFP process; the matrix results; Tristar's quote; claims expense fees; weight of the evaluation; the information provided to committee members; and how the final recommendation was determined. Mr. Dyer asked the Council to consider taking time to review the RFP process findings. Assistant Director of Financial Services Mike Barrera provided an explanation of the evaluation matrix and spoke in support of the recommendation. The following topics pertaining to this item were discussed: the current third party administrator; the difference in the current and previous quotes provided by F.A. Richard; the score provided to American Administrative Group for profile and qualifications; the reason for evaluating American Administrative Group if the RFP was not complete; whether approval of this item has to be taken today; the most important evaluation criteria; whether there is anything about the process that would make the results predictable; how the total award amount is determined; re- evaluation after the bidding process; whether staff develops the criteria; whether there was a pre -bid meeting; and whether all of the proposers were provided equal access to the evaluation criteria. Council Member McCutchon suggested that staff consider developing a standard procedure for the RFP process to prevent questioning of the process. City Secretary Chapa polled the Council for their votes as follows: MOTION NO. 2008 -219 Motion approving a service agreement with F. A. Richard & Associates, Inc., of Mandeville, Louisiana for workers' compensation third -party administration services, in accordance with Request for Proposal Number BI- 0053 -08, for an estimated two -year expenditure of $1,086,935.38, of which $493,228.72 is redtrired for the remainder of FY 2008 -2009. The Minutes — Regular Council Meeting August 19, 2008 — Page 4 term of the service agreement will be for two years with an option to extend for up to two additional twelve -month periods subject to the approval of the service provider and the City Manager or his designee. This service will be used by the Human Resources Department in administering the City's workers' compensation claims. Funds are budgeted in the Liability and Employee Benefits Workers' Compensation Fund. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye "; Leal was absent. **** * * * ** * * *♦ Mayor Garrett opened discussion on Item 13 regarding an agreementwith the Corpus Christi Regional Economic Development Corporation (EDC). Director of Economic Development Irma Caballero explained that the City and EDC have established policies and procedures through a Memorandum of Understanding and a consulting services agreement. Ms. Caballero stated that this item is for approval of the consulting services agreement and provided a brief explanation of the changes made from the existing agreement. Roland Mower, President of the EDC, was available to respond to questions. The following topics pertaining to this item were discussed: the number of members on the board of directors and performance reports. Mayor Garrett suggested that the EDC invite Council Members to attend their monthly meetings. Mayor Garrett called for comments from the audience. Abel Alonzo, 1701 Thames, stated that the EDC is doing excellent work to develop and retain jobs in the City. City Secretary Chapa polled the Council for their votes as follows: 13. MOTION NO. 2008 -223 Motion authorizing the City Manager or his designee to execute an Agreement between the City of Corpus Christi and the Corpus Christi Regional Economic Development Corporation (EDC) whereby the EDC will promote economic development in the Corpus Christi Bay area for an annual fee of $475,000. The term of the agreement is August 1, 2008 through July 31, 2009. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye "; McCutchon was absent. Mayor Garrett referred to Item 11, and a motion was made, seconded and passed to open the following public hearing on the proposed ad valorem tax rate increase: 11. Public Hearing on Proposed Ad Valorem Tax Rate Increase. Director of Financial Services Cindy O'Brien stated that the state property tax code requires that two public hearing be held when a taxing unit proposes to impose an amount of property taxes that exceeds the preceding year's property taxes. Ms. O'Brien referred to a powerpoint presentation including definitions of the effective and rollback tax rates; history of assessed valuation; history of ad valorem tax rates; rates for 2008; tax rate facts; and additional information. -8- Minutes — Regular Council Meeting August 19, 2008 — Page 5 J.E. O'Brien, 4130 Pompano, spoke regarding the debt service rate for FY2007 -2008 and FY2008 -2009; the issuance of the 2008 tax notes; the effective tax rate; and reducing the interest and sinking fund (I &S) rate. Mr. O'Brien stated that he did not intent to request to reduce the maintenance and operation rate because the Council was planning to adopt a 2.5% pay raise for city employees. Bill Kopecky, 3609 Topeka, spoke regarding Bond 2008 reducing the debt services rate. Mr. Marez made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mayor Garrett stated that during the September 9,.2008 Council Meeting beginning at 10:00 a.m. at City Hall, the Corpus Christi City Council will vote on the proposed tax rate. Mayor Garrett referred to Item 9, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0608 -01, Dr. Pedro Diaz: A change of zoning from a "F -R" Farm -Rural District to a "B-4" General Business District, on property described as a 20.36 acre tract out of Lots 23 and 24, Section 20, Flour Bluff and Encinal Farm and Garden Tracts located along the west side of Rodd Field Road between Brooke Road and Slough Road. City Secretary Chapa stated that the Planning Commission recommended denial of a "B-4" General Business District, and in lieu thereof, approval of a "R-1B" One - family Dwelling District on four acres out of Lot 23, Section 20, Flour Bluff and Encinal Farm and Garden Tracts (Tract 1), located across from Brooks Road, and approval of a "B-4" General Business District on 16 acres of Lot 24, Section 20, Flour Bluff and Encinal Farm and Garden Tracts (Tract 2), located along Rodd Field Road. City Secretary Chapa stated that staff recommended denial of a "B-4" General Business District, and in lieu thereof, approval of an "R-113" One - family Dwelling District on Tracts 1 and 2. Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including an area location map; view of subject property; 2007 aerial photograph; "F -R" Farm -Rural District uses; "B-4" General Business District uses; photos of the subject property; the existing land use map; the future land use map; and the recommendations by the planning commission and staff. The following topics pertaining to this item were discussed: access from Brooks Road; the location of the existing culvert; the difference between the two recommendations; the proposed project for the subject property; "B-4" allowances; the master plan for the area; the opposition to the zoning change; the applicant's reaction to the staff and planning commission recommendations; discussions with the applicant or the planning commission to partially change Tract 2 to "B-4 "; the need for additional culverts; whether the two tracts are unplatted; the lack of a site plan; and whether staff's recommendation is based on the future land use map. John Kelley, 413 Waco, spoke regarding the legibility of the agenda attachments on the City's website. Abel Alonzo, 1701 Thames, spoke regarding the comments made in opposition to the zoning change. Mr. Kelly made a motion to substitute the ordinance with staffs recommendation. The motion was seconded by Mr. Elizondo and passed. Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting August 19, 2008 — Page 6 9. ORDINANCE NO. 027810 Amending the Zoning Ordinance, upon application by Dr. Pedro Diaz, by changing the Zoning Map in reference to 20.36 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 20, Lot 23 and Lot 24 from "F -R" Farm -Rural District to "R-1B" One - family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved as substituted with the following vote: Garrett, Cooper, Elizondo, Rummell, Kelly, Leal, Marez, and Martinez, voting "Aye "; McCutchon was absent. Mayor Garrett referred to Item 10, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0708 -03, Texas Funding Corporation: A change of zoning from an "A -2" Apartment House District to a "B -1" Neighborhood Business District resulting in a change of land use from residential to commercial on property described as Paul Court Subdivision, Block 13, Lot 12 located on the southwest corner of Lipan and Josephine Streets between City Hall and the Crosstown Expressway. City Secretary Chapa stated that the Planning Commission and staff recommended denial of the "B -1" Neighborhood Business District and in lieu thereof, approval of an "A -2" Apartment House District with a Special Permit subject to seven (7) conditions. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Kelly, and passed. Mr. Chapa polled the Council for their votes as follows: 10. ORDINANCE NO. 027811 Amending the Zoning Ordinance, upon application by Texas Funding Corporation, by changing the Zoning Map in reference to Paul Court Subdivision, Block 13, Lot 12 from an "A -2" Apartment House District to an "A -2 /SP" Apartment House District with a Special Permit for the speculative zoning purposes in the sale of the property, subject to a site plan and seven (7) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; and providing for publication. An emergency was declared, and the foregoing ordinance was ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Rummell, Kelly, Leal, Marez, and Martinez, voting "Aye "; McCutchon was absent. Mayor Garrett called for a brief recess to present proclamations and listen to public comment. ** * * * * ** * * Mayor Garrett called for petitions from the audience. Blue Jay, 922 Booty, invited the Council to attend the Corpus Christi Hooks game to listen to him sing the national anthem on Thursday, August 21, 2008. Mr. Jay asked to speak to the Council prior to the vote on the Bond 2008 issue. Benito P. Barrera, 4221 Beard Drive, spoke regarli0rg the need to change the City Charter. Johnny Minutes — Regular Council Meeting August 19, 2008 — Page 7 French, 4417 Carlton thanked Council Member McCutchon for revisiting the issue of vehicular access on the beach and beach erosion. Jerry Garcia, Southside Youth Sports Complex, spoke regarding the projects in the Bond 2008 issue. Susie Luna Saldana, 4710 Hakel, asked the Council to consider including neighborhood work in the Bond 2008 issue. Heather Mortershon, Chairperson for the Sister City Committee, presented a gift on behalf of Playa Del Carmen and the official sister city agreement. Ms. Mortershon said the Sister City Committee would make a formal presentation to the Council regarding the trip to Playa Del Carmen and thanked Council Member Melody Cooper and staff members for attending. Rene Saenz, 6022 Sweet Gum, thanked the Council for passing the resolution on the Human Relations Commission 4 -year Scholarship program and appealed to the Council to include neighborhood issues in the Bond package. Sue Tavin, 2922 Persimmons, spoke regarding improving streets in neighborhoods. Jerome Bradford spoke regarding environmental safety concerns in the Northside area. John Torrey, 7253 Yaupon Drive and on behalf of Captain Hook, ask that the City to meet with BFI to improve procedures for dumping at the landfill. Katherine Irigoyan, 2925 Persimmons, spoke regarding issues in the Crestmont area and provided a petition to repave the streets and services drives. Mayor Garrett referred to Item 17 regarding community outreach for the Ingleside Local Redevelopment Authority (LRA). Rosie Collin, Project Manager, introduced Mayor Stella Herrman with the City of Ingleside and CEO of the Ingleside Chamber Sandi Ridgley. Ms. Collin referred to a powerpoint presentation including an aerial view; background of Ingleside LRA; composition of the LRA; redevelopment plan and purpose; property description; aerial of the cage; the welcoming event with Congressman Solomon P. Ortiz; outreach to stakeholders; homeless outreach; plans and submission; the hiring of RKG Associates Inc.; and the vision. Mayor Herrman thanked the Council for their participation in the project. *** * *x :eww +x* Mayor Garrett called for discussion on Item 16 regarding discussion and consideration of placing a ballot measure on the November 4, 2008 election to restrict vehicular access to and on the portion of the Gulf of Mexico beach seaward of the concrete portion of the Padre Island seawall. Council Member McCutchon stated that this item is a proposal for total vehicular restriction on a portion of the beach in front of the Padre Island seawall. Dr. McCutchon added that over the last month he has received input from the key stakeholders in this issue. Dr. McCutchon provided information on issues that have been discussed with the Texas General Land Office regarding support of a temporary band and re- nourishment of the beach. Dr. McCutchon referred to a drawing of the Padre Island seawall detailing his proposal for bollards where the width is less than 150 feet and the location of physical blockades for major changes including re- nourishment. Mayor Garrett called for comments from the audience. Lou Lutostanski, property owner, addressed the safety issues at the beach and asked the Council to consider placing this item on the ballot to let the voters decide. Tish Mende, manager of property on the island, stated that visitors to the area have safety concerns regarding traffic on the beach. Ms. Mende also asked questions regarding the installation of bollards. Cliff Slovik, 122 Whitely and the Coastal Bend Chapter of Surfriders, spoke regarding the concern for safety and the success of bollard systems in other areas. Mr. Slovik stated that the Surfrider Foundation supports the bollard system as part of the compromise for the beach. Norm Baker, Padre Island Business Association (PIBA), stated that board of the PIBA supports this issue. Hal Suter, 1002 Chamberlain and Chairman of the Beach Access Coalition, stated that the Beach Access Coalition offered a compromise of a bollard system in 2006. Mr. Suter added that this compromise is a good step in the right direction. Bob Allego, 15629 Three Fathom Drive, spoke regarding coat &rerosion; safety issues; and enforcement. Neil Minutes — Regular Council Meeting August 19, 2008 — Page 8 McQueen, Local Chapter of Surfriders and Beach Access Coalition, stated that he thought this compromise was a good idea to resolve the public safety issues and ensure, enhance, and preserve beach access. Johnny French, 4417 Carlton, spoke regarding the lease requirements for Packery Channel and asked the Council to consider making the ballot langue regarding the location of bollards as broad as possible. The following topics pertaining to this item were discussed: whethera public vote is required to segregate pedestrian safety areas on the beach; whether establishing a kid's play area with bollards to stop traffic would require a vote of the public; the ballot language; whether other sections by the seashore have seawalls; beach re- nourishment; the current plan to install bollards; and future amendments to the beach access management plan. Dr. McCutchon made a motion to include a proposition in the November election restricting vehicular access to and on the Gulf Beach seaward of portions of the concreter Padre Island Seawall where the width of the beach between the toe of the seawall and mean high tide is less than 150 feet. Effect of Ballot Measure: If this ballot measure is adopted, and is approved by the General land Office, an ordinance will take effect that designates the portion of the City's Gulf of Mexico beach seaward of the concrete Padre Island seawall to all vehicular traffic by prohibiting driving on the portion of the beach with a width of less than 150 feet between the toe of the seawall and mean high tide. There is an exception that allows emergency vehicles, vehicles used to maintain the beach, and vehicles used to provide beach related services under a permit issued by the City to drive on that portion of the beach. The motion was seconded by Ms. Martinez. The foregoing motion was passed with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Kelly abstained. City Secretary Chapa polled the Council for their votes as follows: 16. ORDINANCE NO. 027814 Calling an election to obtain the approval of a majority vote of the qualified voters of the City of Corpus Christi to restrict vehicular access to and on the portion of the Gulf of Mexico beach seaward of the concrete portion of the Padre Island seawall; and providing for publication. The foregoing ordinance was passed and approved as amended with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Kelly abstained. (Note: Motion was made, seconded and passed to incorporate this ordinance with Item 14, Ordinance No. 027813. See page 10 and 11 of these minutes.) * * *** * * * * * * ** Mayor Garrett referred to Item 18 regarding a potential long -term South Texas Aggregation Project (STAP). Director of Intergovernmental Relations Rudy Garza introduced General Counsel to STAP Geoffrey M. Gay. Mr. Garza provided a brief background of the City's relationship with the STAP project. Mr. Garza stated that this item is a consideration of how the City will receive power for 2009. Mr. Gay referred to a powerpoint presentation including the STAP goals in seeking a long term power agreement; gas to electricity weekly price index; delivered natural gas and coal price -12- Minutes — Regular Council Meeting August 19, 2008 — Page 9 history and projections; the level of capacity and demand projections for Texas. wholesale energy rate estimates; long term contract plan; estimated long term contract costs; contract projections; and the 2009 saving analysis for the City. The following topics pertaining to this item were discussed: the impact on debt ratings; energy rate estimates; whether the costs analysis includes the City's interest payments; the cost of energy over the last five (5) years; the non - bypassable rates; withholding power; the amount of prepayment; the reason that Cities Aggregation Power Project, Inc. (CAPP) and STAP are preparing this contract; dramatic market changes; disclosure statements; other energy sources; the risks associated; how CAPP and STAP were created and whether they are non - profit organizations; the average annual electric bill; the estimated 2009 retail price with or without long term contracts; deregulation; the reason the panhandle of Texas pays lower rates; and the timeframe of the contract. Mayor Garrett opened discussion on Item 12 regarding Corpus Christi Bayfront Development Implementation Plan Phase I (Shoreline Realignment Phase 1). Raymond Gignac, Gignac & Associates, referred to a powerpoint presentation including the scope of the project; a map of the project area; the project description of the base bid; examples of the base bid features; and considerations for Alternatives 1, 2, 3, 4, 5, 6, and 7. The following topics pertaining to this item were discussed: the shade structure at the kiosk; the reasons the wind turbines have vertical access; the original concept presented to the voters; whether Alternatives 1 -7 were included in the original concept; the cost to include all of the Alternatives; parking spaces; the scope of work that the recommendation includes; the preliminary project budget; the project contingency; cost savings; the financing description of the project that includes up to Alternative 2; the change in contractors for increasing Alternatives; the reason that the original bid did not include up to Alternative 2; the bidding process; whether the timeframe includes consideration for natural elements; the addition of CIP funds; whether using additional funding is due to the absence of a construction management contract; how the amount of funding was dictated; whether additional debt can be issued; the saving generated by wind turbines; whether Altematives can be done out of sequence; whether there was a consideration to award the contract to the contractor who could complete the project faster; and options for including Alternatives 1-4. Mayor Garrett called for comments from the audience. Darryl Haas, Haas - Anderson, spoke regarding the maintenance of wind turbines and Haas - Anderson as the low bidder if the Council considered adding the altemates. Bart Stevens, Salinas Construction, spoke regarding the services of Salinas Construction. Ms. Martinez made a motion to amend the resolution to increase the aggregate maximum principal amount not to exceed $5.6 million. The motion was seconded by Mr. Marez. The foregoing motion passed and approved with the following vote: Garrett, Cooper, Elizondo, Rummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". City Secretary Chapa polled the-Council for their votes as follows: 12.a. RESOLUTION NO. 027812 Resolution expressing official intent to reimburse costs of Corpus Christi Bayfront Development Implementation Plan - Phase 1. (Shoreline Realignment Phase 1) -13- Minutes — Regular Council Meeting August 19, 2008 — Page 10 The foregoing resolution was passed and approved as amended with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Ms. Martinez made a motion to amend Item 12.b. to execute a construction contract with Haas - Anderson Construction, Ltd. for Base Bid and Alternatives 1 -4 in the amount not to exceed $14,622,748. The motion was seconded by Mr. Marez. The foregoing motion passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". City Secretary Chapa polled the Council for their votes as follows: 12, b. MOTION NO. 2008 -222 Motion authorizing the City Manager, or his designee, to execute a construction contract with Haas - Anderson Construction, Ltd., of Corpus Christi, Texas in an amount not to exceed $14,622,748 for the Bayfront Development Implementation Plan - Phase 1 Improvements for Base Bid and Additive Alternative Nos. 1, 2, 3, and 4. The foregoing motion was passed and approved as amended with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye" Mayor Garrett opened discussion on Item 14 regarding the Special Election to be held on November 4, 2008. City Manager Noe explained that this item is for the approval of the ballot language for the November 4t' Bond election. City Manager Noe stated that changes had been made to the previous proposal to include the Al Kruse Tennis Court and reduce the price of the Greenwood project. City Manager Noe provided a brief overview of the propositions and the two versions of the ballot language. There was a general consensus of the Council to use the long version of the ballot language. The following topics pertaining to this item were discussed: the ballot language used in 2004; cost estimates for the service drives in the Crestmont area; the deadline for approval of the ballot language; Council Member Leal requested that the record reflect that she asked for cost estimates for the service drives in the Crestmont area and did not receive support to make changes to the Bond projects within District 3 to include the service drives. Mayor Garrett called for comments from the audience. Abel Alonzo, 1701 Thames, stated that he hoped the community would work together to ensure that the Bond 2008 issue passes. Mr. Hummel! made a motion to incorporate and consolidate the ordinance approved under Item 16 into the Election Ordinance (Item 14) as proposition #8 to be titled "Seawall Beach Access and Safety" and to include the ballot wording as moved by Dr. McCutchon, seconded by Ms. Martinez and approved by the Council. The motion was seconded by Dr. McCutchon and passed. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Kelly abstained. Dr. McCutchon made a motion to change the ballot language on Proposition 7 to read Bayfront Development Plan Phase 3. The motiuri *as seconded by Ms. Cooper. Minutes — Regular Council Meeting August 19, 2008 — Page 11 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". City Secretary Chapa polled the Council for their votes as follows: 14. ORDINANCE NO. 027813 Ordinance ordering a Special Election to be held on November4, 2008, in the City of Corpus Christi on the questions of authorizing obligations of the City supported by Ad Valorem Taxes; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint Election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance and declaring that this ordinance shall be effective immediately upon its adoption by City Council, in accordance with provisions of V.T.C.A., Government Code, Section 1201.028. An emergency was declared, and the foregoing ordinance was ordinance was passed and approved as amended with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez voting "Aye ". Mayor Garrett opened discussion on Item 15 regarding an amendment to the Compensation and Comprehensive Plan. Director of Human Resources Cynthia Garcia explained that in August the Council approved the personnel ordinance to provide for a 2.5% pay increase for civilian employees and 5% range adjustment effective September 1, 2008 should the certified tax rolls increase in value such that the City could afford the increase. Ms. Garcia added that the certified tax rolls do not provided sufficient funds to the budget. Ms. Garcia provided a new recommendation to grant the 2.5% pay raise effective November 24, 2008 and to increase the pay ranges by the same amount. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 15. FIRST READING ORDINANCE First Reading Ordinance - Amending the Code of Ordinances, Chapter 39, Personnel, Article III Employee Compensation and Classification System, to provide 2.5% pay range adjustment to address market position for Pay Plans 100, 400, 500(b), 600, 900, and 1000 effective 11/24/2008, provide a 2.5% pay increase to employees in Pay Plans 100, 300, 400, 500(b), 600, 900, and 1000 effective 11/24/2008, repealing all other ordinances, and rules, or parts of ordinances and rules, in conflict with this ordinance; providing for an effective date. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Elizondo, Rummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ": Cooper was absent. (Ms. Martinez was originally absent during the vote on Item 15. There was a consensus of the Council to allow Ms. Martinez to record her vote.) * * * * **** * * * ** Mayor Garrett recessed the regular Council meeting to hold a meeting of the Corpus Christi Housing Finance Corporation (CCHFC). —15- Minutes — Regular Council Meeting August 19, 2008 — Page 12 Mayor Garrett reconvened the regular Council meeting. Dr. McCutchon made a motion to reconsider the executive session regarding Tufts Cove Investment Corporation, N.V. from the August 12th council meeting and place it on the August 26`h agenda. The motion was seconded by Mr. Hummell. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ": Cooper was absent. Council Member Hummell asked the Council to consider contributing to the Diabetes Foundation. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 6:28 p.m. on August 19, 2008. -16- PRESENT Mayor Henry Garrett Mayor Pro Tem Priscilla Leal Council Members: Melody Cooper* Larry Elizondo, Sr. Mike Hummell** Bill Kelly Michael McCutchon John Marez Martinez *Arrived at 12:35 p.m. **Arrived at 10:18 a.m. " Arrived at 10:22 a.m. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 26, 2008 - 10:15 a.m. City Staff: City Manager George K. Noe Interim Assistant City Manager Angel Escobar City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Dr. Sam Gutierrez with Cornerstone Church and the Pledge of Allegiance to the United States flag was led by Mayor Henry Garrett. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Garrett called for approval of the minutes of the regular Council meeting of August 12, 2008. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * Mayor Garrett called for a brief recess to continue the Council workshop on the utility trust fund analysis and development impact fees. * * * * * * * * * * * * * Mayor Garrett reconvened the regular Council meeting. Mayor Garrett referred to Item 14, and a motion was made, seconded and passed to open the public hearing on the ad valorem tax rate increase: Director of Financial Services Cindy O'Brien explained that this item was the second public hearing that is required by the state property tax code when an amount of property taxes imposed exceed the preceding year's property taxes. Ms. O'Brien stated that the FY2008 -2009 operating budget includes the proposed tax rate of $0.563846 per $100 valuation. Ms. O'Brien added that the proposed tax rate does not exceed the rollback rate of $0.578152 but does exceed the effective tax rate of $0.548464 which means that the proposed tax rate produces more property tax revenues than the preceding year because of the increased property values. Mayor Garrett called for comments from the audience. J.E. O'Brien, 4130 Pompano, spoke regarding tax increases from taxing entities; fund balances; the debt services fund; the effective tax rate; and the issuance of tax notes. Mr. O'Brien asked the Council to consider reducing the debt service taxes (I &S rate) to provide a little tax relief. —17— Minutes — Regular Council Meeting August 26, 2008 — Page 2 Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Marez, and passed. Mayor Garrett stated that during the September 9, 2008 Council Meeting beginning at 10:00 a.m. at City Hall, the Corpus Christi City Council will vote on the proposed tax rate. * ****wwe• +r *x Mayor Garrett referred to Item 2 and the following board appointments were made: Cable Communications Commission Leadership Committee for Senior Services Latrice Sellers (Appointed) Vicki N. Garza (Appointed) x* w w* x x ** w w x Mayor Garrett called for consideration of the consent agenda (Items 3 - 12). There were no comments from the public. Council members requested that Items 3 and 10 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 4. _ ORDINANCE NO. 027817 Ordinance appropriating $3,848.21 into the Library Capital Improvement Program (CIP) Fund No. 3210, Project No. 120095, for improvements to the Parkdale Branch Library from the following sources: $1, 573.99 from unappropriated interest earnings from the Library CIP Fund No. 3210 and $2,274.22 from royalties from oil, gas, and mineral interests bequeathed to the City from the estate of William T. Neyland; changing FY 2007 -2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $3,848.21. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 5. MOTION NO. 2008 -224 Motion to reinstate the FY 2007 Community Development Block Grant (CDBG) funding agreement with Universal Little League and to authorize the City Manager or his designee to execute an amendment to extend the term of the agreement through January 31, 2009. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye'; Cooper was absent. 5. MOTION NO. 2008 -225 Motion authorizing the City Manager or his designee to execute Change Order No. 5 for installation of a new replacement air conditioning system in the amount of $51,800.60 for a restated not to exceed total contract price of 5892,903.39-with Van Fleet Construction, of Kingsville, Texas for the Anita and W. T. Neyland Public Library. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. -18- Minutes — Regular Council Meeting August 26, 2008 — Page 3 7. MOTION NO. 2008 -226 Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the consultant contract with HDR, Inc., of Corpus Christi, Texas in an amount not to exceed $124,935 for a revised contract value of $223,835 for final processing of the digital photography, delineation of impervious cover, assignment of impervious cover to individual parcels and verification of remote - sensed data for storm water utility rate implementation services. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. MOTION NO. 2008 -227 Motion authorizing the City Manager or his designee to proceed with the AEP proposal for installation of a new street light system on Up River Road from McKinzie Road to Rand Morgan Road. The City's aid -to- construction cost estimate for this portion of Up River Road is $85,000. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. 9. MOTION NO. 2008 -228 Motion authorizing payment of the Special Commissioners Award in the amount of $66,275 in connection with condemnation of Parcel 10, owned by D &E Development Corp., for fee simple property rights to 0.897 acres of land and a Temporary Construction Easement containing 0.43 acres, both located along the west side of Rodd Field Road between Brooke Road and Saratoga Boulevard, necessary forthe Master Channel 27 Drainage Improvement Project and for other related public purposes. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. 11. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 33, Offenses and Miscellaneous Provisions, to establish Article VIII, regarding rules of operation for City maintained cemeteries; providing for publication; providing for penalties. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. 12. ORDINANCE NO. 027819 Amending the Code of Ordinances, Chapter 39, Personnel, Article III Employee Compensation and Classification System, to provide 2.5% pay range adjustment to address market position for Pay Plans 100, 400, 500(b), 600, 900, and 1000 effective 11/24/2008, provide a 2.5% pay increase to employees in Pay Plans 100, 300, 400, 500(b), 600, 900, and 1000 effective 11/24/2008, repealing all other ordinances, and rules, or parts of ordinances and rules, in conflict with this ordinance; providing for an effective date. (First Reading 08/19/08) -19- Minutes — Regular Council Meeting August 26, 2008 — Page 4 The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. Mayor Garrett opened discussion on Item 3 regarding a gift agreement and appropriation of grant funds for the Anita & W.T. Neyland Public Library. In response to Council Member Marez, Director of Libraries Herb Canales stated that the library opening is scheduled for September 6th at 2:00 p.m. Council Member Marez spoke regarding the Council's commitment to support the libraries. City Secretary Chapa polled the Council for their votes as follows: 3.a. RESOLUTION NO. 027815 Resolution authorizing the City Manager or his designee to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries, in the amount of $6,000 for the purchase of computers for the Anita and W. T. Neyland Public Library. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. • 3.b. ORDINANCE NO. 027816 Ordinance appropriating $6,000 into the General Fund No. 1020, Organization No. 12810, Account No. 520100 for the purchase of computers for the Anita and W. T. Neyland Public Library from the Friends of Corpus Christi Public Libraries; changing FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $6,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. Mayor Garrett opened discussion on Item 10 regarding an appropriation of estimated revenues in the rental of the ballfields located at 4025 Greenwood for ballfield maintenance. Council Member Leal asked questions regarding the cost for the maintenance positions and whether the cost included benefits. Director of Parks and Recreation Sally Gavlik stated that the estimated cost for salaries including benefits was $70,000 annually. Council Member Leal stated that she had requested that the lease of the three fields at the Greenwood Youth complex be given to the International Westside Pony League. Ms. Leal added that the International Westside Pony League said that they would bring the fields to playable conditions at no cost to the City. Ms. Leal stated that she would not support funding $100,000 for the department to maintain the fields. Ms. Leal expressed concern regarding the maintenance of the fields and made a motion directing the City Manager to award the lease of the fields located at 4035 Greenwood to International Westside Pony League. The motion died for lack of second. The following items pertaining to this topic were discussed: the staff recommendation to provide access to both International Westside Pony League and Westside Little League and include the needs of other leagues in the City; whether the City taking over responsibility of fields is only being considered for the Westside; conversations with other leagues regarding the City managing fields; the hiring of staff; the proposed pilot program; whether the complex would generate revenue; whether this process will be forced upon other little leagues; whether the City current is maintaining other fields; whether the entities were maintaining the fields; termination of the lease with Westside Little League; the number of fields that International currently maintains; and scheduling of the fields. -20- Minutes — Regular Council Meeting August 26, 2008 — Page 5 City Secretary Chapa polled the Council for their votes as follows: 10. ORDINANCE NO. 027818 Ordinance appropriating $20,700 in the General Fund No. 1020 from the estimated revenues in the rental of ballfields located at 4025 Greenwood for ballfield maintenance; changing FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase both estimated revenues and appropriations by $20,700 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye "; Elizondo and Leal voting "No "; Cooper was absent. * * * * * * * * * * * ** Mayor Garrett called for petitions from the audience Curly Mellinger, International Westside Pony League, spoke in opposition of the City taking responsibility of the fields at the Westside Pony League and asked questions regarding the reasons for a pilot program. Joan Veith, 5701 Cain, thanked Assistant City Manager Oscar Martinez and staff for their work in correcting an error on her water bill. Benito Barrera, spoke regarding the appeal on the council health insurance. Jack Gordy, 4118 Bray, spoke regarding violations to the City Charter and placing the appeal for the council health insurance on the agenda. Jeanne Adams, 215 Louisiana; Peggy Duran, 4022 Congressional Drive; Emily Olivares, 4205 Dody; and Ann Smith, 1005 Meadowbrook Drive, asked the Council to consider placing a resolution on the agenda calling for a moratorium of the death penalty. Cliff Atnip, 358 University, asked the council to reconsider action regarding Zoning Case 0608 -01, Dr. Pedro Diaz, and place the zoning case on the next agenda. Mayor Garrett opened discussion on Item 15 regarding the Norma Urban Park Master Plan. Director of Parks and Recreation Sally Gavlik introduced Chip Urban, representative of the Urban family, to present the design of the park. Mr. Urban stated that Norma Urban requested that Elizabeth Richter design the plan for improving the park. Mr. Urban described the details of the park including the plaza area; the foliage; the mesquite trees; the Australian pine labyrinth; benches; and sculptures. Mr. Urban added that the plan is recommended for approval by the Parks and Recreation Committee and the Marina Advisory Committee. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 15. RESOLUTION NO. 027820 Resolution approving the Norma Urban Park Master Plan. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. -21- Minutes — Regular Council Meeting August 26, 2008 — Page 6 Mayor Garrett announced the executive session, which were listed on the agenda as follows: 22. Executive session under Texas Government Code Section 551.071, regarding Cause Number 04- 4001 -B, Tufts Cove Investment Corporation, N.V. vs. City of Corpus Christi, in the 117th District Court of Nueces County, Texas, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session and the following motion was passed with the following vote: 22. MOTION NO. 2008 -233 Motion authorizing the City Manager to settle Cause No. 04- 4001 -B; Tufts Cove Investment Corporation, N.V. vs. City of Corpus Christi, in the 117`h District Court of Nueces County, in accordance with the terms of the proposed settlement agreement. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummel) and Kelly were absent. ** * *r > » > *wxx* Mayor Garrett referred to Item 20 regarding a report on the London Independent School District. Director of Education Initiatives JoAnn Hooks explained that this presentation from London !SD is the first of a series of presentations by school districts to allow superintendents to provide the Council with an overview of the district demographics; highlight programs, activities and curriculum; and district's challenges. Superintendent Charley McMath introduced the representatives of the district as follows: Board President Scott Frazier; Board Vice President John Sendejar; Board Secretary Jennifer Beach; Trustees Anita Magee and Pat O'Connell; Principal Clay Campbell; and Assistant Principal Jessica Gutierrez. Mr. Frazier provided an overview of London ISD's history; campus facilities and location of the school district. Mr. Sendejar presented information on the academic status including the accountability ratings; school philosophy; additional course offerings; educational classroom excursions; after school educational enrichment program; and sports program. Mr. O'Connell spoke regarding the district information; district map; district information; and property values and tax rates. Mr. McMath presented the background of the bond program; examples of Phase 1 and Phase 11 of the bond; view of the property; London ISD' future; and needs. Mayor Garrett referred to Item 19 regarding an update on BoldFuture for the Coastal Bend Visioning Initiative. President of Texas A & M University — Corpus Christi (TAMU -CC) Dr. Flavius Killebrew thanked the Council for support of the BoldFuture project and for the opportunity to provide an update of Phase I. Dr. Killebrew provided a background of the project; the guiding principles; the community co- chairs; and community participation. Chair of the Del Mar College Board of Regents Chris Adler provided information on the foundation of the initiative; the phases and timeline of the project; funding; website; and community outreach. Ms. Adler announced that the first community meeting is scheduled for Wednesday, September 17`h at the Del Mar College Center for Economic Development from 6:30 to 8:30 p.m. Chief of Staff for TAMU -CC Dr. Mary Sherwood highlighted the telephone survey results including the best and least reasons that people like living in the Coastal Bend; primary issues facing the area; and the changes needed to achieve a vision for the area. Assistant to the President for Community Relations at Del Mar College Claudia Jackson provided a brief overview of the -22- Minutes — Regular Council Meeting August 26, 2008 — Page 7 community profile including the demographics; economy; employment; education; and health. Ms. Jackson recognized representatives of the committee. Council Member Marez requested that the membership include representatives from the labor groups. Mayor Garrett referred to Item 13, and a motion was made, seconded and passed to open the public hearing on the following street right -of -way: 13. Public hearing and First Reading Ordinance to consider abandoning and vacating a 3,782.34- square foot portion of the Columbia Parkway public street right -of -way, located just south of the Trojan Drive public street right -of -way; subject to owner's compliance with the specified conditions. Deputy Director of Development Services Johnny Pereles stated that the closure of Columbia Parkway was requested on behalf of Members First Bank and was approved by the Transportation Advisory Committee and passed the reviewed and approval by the Fire Department. No one appeared in opposition to the street closure. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Marez, and passed. Mr. Chapa polled the Council for their votes as follows: 13. FIRST READING ORDINANCE To consider abandoning and vacating a 3,782.34- square foot portion of the Columbia Parkway public street right -of -way, located just south of the Trojan Drive public street right - of -way; subject to owner's compliance with the specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 16 regarding Street Overlay Clusters 1, 2, 3, and 4. Interim Director of Engineering Services Kevin Stowers explained that this item is requesting the appropriation of $1,550,000 for the 2008 street overlay project; appropriation of $1.1 million from the Corpus Christi Business and Job Development Corporation for the northbound portion of Shoreline Drive adjacent to the seawall; award of two construction contracts; and a construction materials testing agreement. In response to Mayor Garrett, Mr. Stowers said the timeline for the Shoreline project is between 120 and 180 days. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 16.a. ORDINANCE NO. 027821 Ordinance appropriating an amount of $1,550,000 of the unappropriated fund balance in the General Fund No. 1020 for the 2008 Street Overlay projects; changing the FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $1,550,000. -23- Minutes — Regular Council Meeting August 26, 2008 — Page 8 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 16.b. ORDINANCE NO. 027822 Ordinance appropriating an amount of $1,100,000 of the unappropriated fund balance in the Seawall Improvement Fund No. 1120 for the 2008 Street Overlay Project (North Bound Shoreline Portion); changing the FY2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $1,100,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 16.c. MOTION NO. 2008 -229 Motion authorizing the City Manager or his designee to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas, in the amount of $2,105,100.90 for the Street Overlays Cluster 2 for the Total Base Bid. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 16.d. MOTION NO. 2008 -230 Motion authorizing the City Manager or his designee to execute a construction contract with Haas - Anderson of Corpus Christi, Texas, in the amount of $7,181,425.20 for the following projects: • Street Overlays Cluster 1 for the Total Base Bid in the amount of $2,088,546.00. • Street Overlays Cluster 3 for the Total Base Bid in the amount of $1,943,789.70. • Street Overlays Cluster 4 for the Total Base Bid plus Additive Alternate Nos. 1, 2, and 3 in the amount of $3,149,089.50. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 16.e. MOTION NO. 2008 -231 Motion authorizing the City Manager or his designee to execute a construction materials testing agreement with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $97,882 for the Street Overlays Clusters, 1, 2, 3, and 4 project. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 17 regarding the creation of a formal Development Services Advisory Committee. Assistant City Manager Bob Nix explained that the Council instructed staff to present an ordinance formalizing the Development Services Advisory Group (DSAG). Mr. Nix stated that the DSAG group is not in support of the ordinance. Mr. Nix explained that the ordinance -24- Minutes — Regular Council Meeting August 26, 2008 — Page 9 provides for the creation and purpose of the committee; composition; duties and responsibilities; practices of the committee; and the development of subcommittees to discuss special issues. Mr. Nix added that the current DSAG committee has approximately 30 members and meets informally. Mayor Garrett called for comments from the audience. Lon Hipp, Chairman of the DSAG committee, provided a background of the creation of the DSAG group and said that the committee has worked together for the last 4% years. Mr. Hipp stated that the membership is currently 30 plus members with all types of expertise and expressed concern with limiting the membership to 11 representatives. Mr. Hipp added that the informal meeting process allows members the ability to talk through issues. The following topics pertaining to this item were discussed: the consequences for creating a formal committee; whether the committee would have to comply with the Open Meetings Act; opportunities for neighborhood group involvement; powers of the forrnalized committee; whether it is staffs perception that the informal group discussion is a valuable tool to enhance Development Services; how the DSAG committee dictates the timetable of projects; whether ground rules can be set for DSAG without creating an informal committee; increasing membership; representation on the committee; whether the DSAG committee has authority; the reason that a formal committee and the DSAG committee can not co- exist; the possibility of dissolving the DSAG and replace the group with a monthly Assistant City Manager of Development Services Forum Group for developers; whether staff believes the DSAG committee should be changed; and the appointment process for the DSAG committee and original number of members. There was a general consensus of the Council to withdraw the ordinance. FIRST READING ORDINANCE Dr. McCutchon made a motion to rescind the council directive that all development services items be brought before the Development Services Advisory Committee (DSAG) and institute the following parameters: 1) that the DSAG committee has no authority over city staff and 2) the DSAG committee may not direct the staff to undertake any project or to take any action. The motion was seconded by Ms. Martinez. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 18 regarding the Oso Water Reclamation Plant transfer to the Greenwood Wastewater Treatment Plant. Interim Assistant City Manager Angel Escobar provided a background of this item. Mr. Escobar stated that staff recommended transfer4.0 MGD wastewater from the Oso Service Area to the Greenwood Wastewater Treatment Plant and that there were four routes evaluated. Mr. Escobar added that Routes 1 & 2 are longest and shortest routes, Routes 3 and 4 are comparable to its costs but that Route 3 is recommended. Mr. Escobar said that staff also recommends increasing the Greenwood Wastewater Treatment Plan capacity from 12 MGD to treat 16.0 MGD which is already permitted. Dr. Peggy Blass, Alan Plummer Associates, stated that there was no guarantee that the City could get a permit within the five (5) year period. -25- Minutes — Regular Council Meeting August 26, 2008 — Page 10 Mayor Garrett called for comments from the audience. John Wallace, 12 Camden, stated that he represented land owners adjacent to the proposed southside sewer plant and spoke regarding the future development of the City. Jimmy Dodson, land owner in the London Corridor, spoke in favor of the transfer option that staff recommended and the growth of the City. Bill Brown, 5830 McArdle, spoke in support of the transfer to the Greenwood plant. The following topics pertaining to this item were discussed: the property purchased by the City for the proposed southside plant; the additional cost to transfer the flow to Greenwood; the engineer report from 2005; the perception that a wastewater plant would deter redevelopment; the cost comparison between a Southside Wastewater Treatment Plant and the transfer to Greenwood; increasing capacity at the Oso station; the Texas Commission on Environment Quality (TCEQ) time period for approval of a permit; timeframe for completion of the project; the rule regarding the average flow at the plant before the design phase needs to be planned; whether there is a guarantee that the City could receive a permit for the Southside plant; whether there is an existing permit at the Greenwood plant; whether the previously approved 4 MGD to Greenwood was to accommodate growth in the Greenwood Basin not for the transfer to Oso; and whether a Southside Plant would eventually be needed. City Secretary Chapa polled the Council for their votes as follows: 18. MOTION NO. 2008 -232 Motion authorizing the City Manager or his designee to proceed with the actions necessary to transfer the flows from the Oso Water Reclamation Plant Service Area to the Greenwood Wastewater Treatment Plant as proposed by the Wastewater Master Plan. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell voting "No ". Mayor Garrett and the Council Members thanked City Manager Noe for his service and commitment to the community. City Manager Noe thanked City staff for their accomplishments and the City Council for their support and work they do for the community. Mr. Noe also thanked his family and the citizens of the City. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 4:08 p.m. on August 26, 2008. * * * * * * * * ** * ** -26- 2 a. AIRPORT BOARD — One (1) vacancy with term to 4 -4 -09. DUTIES: To advise the City Council concerning matters relating to the aviation interests of the City of Corpus Christi and the operation of the Corpus Christi International Airport facilities for the promotion of those interests. COMPOSITION: Ten (10) members appointed by the City Council for three -year terms. All members shall serve for three -year staggered terms. Members must be residents of Corpus Christi. ORIGINAL MEMBERS TERM APPTD. DATE ** *Jerry Kane, Chair 04 -04 -09 04 -18 -06 Joseph Wise 04 -04 -09 04 -18 -06 William D. Dodge, III 04 -04 -11 03 -22 -05 Ed Hicks 04 -04 -11 05 -13 -08 Jesse Olivares 04 -04 -10 11 -08 -05 Donald M. Feferman 04 -04 -10 04 -13 -04 George B. Richard 04 -04 -11 05 -20 -08 Sam J. Susser 04 -04 -09 04 -18 -06 J.C. Ayala 04 -04 -10 01 -14 -03 George H. Fisher 04 -04 -11 05 -20 -08 (The Airport Board is recommending the new appointment of Richard Drilling.) OTHER INDIVIDUALS EXPRESSING INTEREST Richard Bailey Todd Benson Vincent E. Doyle Lean Practitioner, E.I. Dupont Chemical. Received BBA and MBA from Texas A &M University of Corpus Christi. Activities include: Transportation Advisory Committee — Vice Chair. (3- 25 -08) Financial Advisor, ING Financial Partners, Inc. Attended Del Mar College. Activities include: Corpus Christi Association of Health Underwriters and Corpus Christi Masonic Lodge. (5- 30 -08) Engineering Service, Corpus Christi Army Depot. Received Trade School Vocational Certification. Interested in serving community. (9-12-07) Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation —29— Richard Drilling Ryan Evans Eduardo Hinojosa John W. Owen Joe Ortiz Rita Sonia Padron Carl L. Powell General Manager, KIII TV. Received A.A. from Fresno City College. Activities include: Texas Association of Broadcasters and Corpus Christi Country Club. (9- 11 -07) Aircraft Mechanic, L -3 Vertex Aerospace. United States Marine Corp Veteran. Attending Del Mar College. Activities include: Former Vice President of Little Theater of Crittenden County. (2- 25 -08) Retired Administrator, State of Texas. Received a Master's degree. Member of the Planning Decision Making Committee for Kostoryz Elementary School. Received the "Rancher of the Year" Award. (9- 14 -07) President and CEO, Goodwill Industries of South Texas. Received Bachelor's Degree in Education from University of Wisconsin. Activities include: Southside Rotary, Galilean Lutheran Church — LCCA, and Board Member of United Way and Goodwill Industries International. (9 -26- 07) Self - Employed, Residential Designer and Building Consultant. Attended Del Mar College and Granthem University. Activities include: National Civil Rights Director American GI Forum and District Director LULAC. (4 -9 -08) Acute Dialysis Nurse, Renal Care Group. Received Vocational Nurse Degree from Del Mar Technical School, Certified Hemodialysis Practitioner and Pediatric Vocational Nurse. Activities include: Youth Coach for YMCA and Park and Recreation Boys Basketball Programs, Corpus Christi International Airport Ambassador, Member of RSVP, and Board of Nephrology Examiners Nursing and Technology — Policy and Procedures Chair. Recipient of Leadership Awards with RSVP and Senior Services. (2- 20 -08) Retired, Bureau of Prisons. Received B.S. in Psychology from Loyola University. Activities include: CASA/ Health and Human Services Volunteer. (1- 11 -08) Robert E. Powell Retired. Received a B.S. in Civil Engineering. (2- 19 -08) -30- Donald E. Russell Woodrow Mac Sanders William Strawn Carlos B. Vargas President, Negotiations & Contracts Consultants, Inc. Received BS in Business Administration and Accounting from University of Kansas, Graduate Work in Information Systems from The George Washington University and Law Courses from William Howard Taft University. Activities include: Management Consultant to Energy Industry, Licensed Pilot, and Professional Vocalist. Named Buyer of the Year by Mid - American Minority Business Development Council (2007). (2- 25 -08) Medical Social Worker, Texas Department of State Health Services. Received Bachelor of Arts from Texas A &I University, Kingsville, Master of Science- Psychology /Counseling and Guidance from Corpus Christi State University and Post Masters Degree work toward ED.D. Activities include: Licensed Baccalaureate Social Worker, Adjunct Professor of History at Coastal Bend College, and Board Member of Selective Services System. (12- 10 -07) Traffic Safety Specialist, Texas Department of Transportation. Received BBA from University of Texas at Austin, MA from University of Nebraska at Lincoln. Activities include: Pilot/Observer Coast Guard Auxiliary and Bay Yacht Club. (9 -1 -07) General Manager, MV Transportation. Certified Operator Instructor, Texas A &M. Certified in Persons with Disabilities Training. Activities include: Board Member for Westside Business Association. Recipient of American's with Disabilities Recognition Award 2008, General Manager of the Year, 2008 and Head Coach of the Year 2000 -2001. (8- 25 -08) —31— b. ANIMAL CONTROL ADVISORY COMMITTEE — Two (2) vacancies with terms to 5 -31 -11 representing the following categories: 1 — Community at Large and 1 — Animal Welfare /Shelter. DUTIES: To advise the City Council and City Manager on all aspects of animal control including fees, staffing, ordinances, procedures and policies and facilities. The jurisdiction and actions of the Board shall be advisory only. COMPOSITION: It shall consist of seven (7) members. Terms will be for three years. At least one member shall be a veterinarian. Two members shall be members of local animal welfare organizations (at least one of the organizations must operate an animal shelter). The remaining four members shall represent the community at large. All members shall serve until their successors are appointed and qualified and each shall be a resident of the City. The City Manager, or his representative, the Director of the City - County Health and Welfare Department or his representative and the Animal Control Supervisor shall serve as ex- officio members of the Board without vote. The Board, by majority vote, shall elect its own Chairman who shall preside at all meetings of the Board and a Vice Chairman who shall act as president in the absence of the Chairman. The Director of the City- County Health and Welfare Department or his designated representative shall serve as the secretary of the Board. MEMBERS ** *Kendal L. Keyes (Comm at Large), Vice Chair William R. Schroeder (Comm at Large) Sharon Massad (Animal Welfare) Z. Paul Reynolds (Comm at Large) Dr. John Buckley (Comm. at Large) Dr. William Watson (Veterinarian), Chair +Pamela Rhyner (Animal Welfare/Shelter) City Manager or Representative Annette Rodriguez, Acting Dir. of Public Health Kelli Copeland, Supervisor, Animal Control TERMS 5 -31 -08 5 -31 -09 5 -31 -09 5 -31 -10 5 -31 -10 5 -31 -10 5 -31 -08 Ex- Officio, Ex- Officio, Ex- Officio, ORIGINAL APPTD. DATES 2 -11 -03 5 -09 -06 5 -13 -03 5 -11 -04 5 -11 -04 5 -11 -04 5 -10 -05 Nonvoting Nonvoting Nonvoting +(Note: Ms. Rhyner's term expired on 5/31/08, however, she is ineligible for representative to the Animal Welfare/Shelter category. She is eligible for an "At Large" category.) ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NAME Pamela Rhyner Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation NO. OF MTGS. THIS TERM 8 —32— NO. PRESENT 5 OF ATTENDANCE LAST TERM YEAR 63% OTHER INDIVIDUALS EXPRESSING INTEREST Barbara E. Beynon James L. Hinnant Edward Kownslar Gerald Lerma Katherine D. Murch RoseMarie Olivarez Environmental Investigator, Texas Commission on Environmental Quality. Received B.A. and M.S. in Geology from Texas A & M University — Kingsville. Activities include: C.C. Kennel Club, Corpus Christi Geological Society, South Texas Plumeria Society, and pet Emergency Rescue Team. Recipient of 2005 All -Star Award - Convention and Visitors Bureau. (Community at Large) (9- 10 -07) Attended College. Activities include: Neighborhood Initiative Program - Neighborhood Initiative Council and Neighborhood Initiative Program #17 Leader. (Community at Large) (9 -2 -08) Librarian, Texas A &M University - Corpus Christi. Received BS in Journalism from University of Kansas, MS in Library Science from University of North Texas, and Master of Public Administration from Texas A &M University- Corpus Christi. Activities include: Board of Director, Family Counseling Services of Corpus Christi, 2004 -2006, Texas Library Association, Various Committees, 1999 -2007, and American Library Association, Various Committees, 1998- Present. (Community at Large) (6- 15 -07) Technical Services, Hagemeyer North America. Currently Enrolled at Del Mar College. Member of' Corpus Christi Citizens' University. (Community at Large) (3- 19 -07) Center Staff, Deaf & Hard of Hearing Center. Received AA in Business Administration from Del Mar College. Currently Attending Texas A &M University - Corpus Christi. Activities include: Beach Clean-Up Program and Humane Society of the United States. Recipient of Title of Miss Deaf Texas 2007 with Best Platform Presentation. (Community at Large) (5- 22 -08) Attended College. Activities include: Neighborhood Initiative Program — Model Block Program Leader and Neighborhood Initiative Council. (Community at Large) (9 -2 -08) -33- Samantha Person Shelter Director and Founder, The Cattery Cat Shelter. Attended Texas A &M- Corpus Christi, University of North Carolina, Charlotee, North Carolina, and The State University of New York. (Animal Welfare/Shelter or Community at Large) (9 -2 -08) Ruth C. Perez Financial Counselor, Christus Spohn Memorial. Attended Del Mar College. Activities include: State Democratic Convention Delegate. (Community at Large) (7- 25 -08) Enrique M. Salinas Retired. Over Twenty Years of Military Service. Activities include: NIP for Chula Vista Area. (Community at Large) (9- 26-07) Judith Ann Sisson Owner, Laguna Shores Pet Salon. Received a B.S. in Pharmacy. Attending Texas A &M University - Corpus Christi. Founded the Coastal Bend Small Breed Rescue. Activities include: Former Volunteer of Lost Pet Hotline and Celebrate Animals Event Planning Committee. Received the Jefferson Award. (Community at Large) (10- 2-07) William (Bill) Strawn Traffic Safety Specialist, Texas Department of Transportation. Received BBA from University of Texas at Austin, MA from University of Nebraska at Lincoln. Activities include: Pilot/Observer Coast Guard Auxiliary and Bay Yacht Club. (Community at Large) (9 -1 -07) —34— c. ARTS AND CULTURAL COMMISSION — Six (6) vacancies with terms to 9 -1 -09, 9- 1-10, and 9 -1 -11 representing the following categories: 1 — Public Art/Public Space, 1 — Architecture, 1 — Marketing, 1 — Economic Development/Tourism, 1 — Del Mar College, and 1— Music. (Appointed by the Mayor subject to confirmation by the Council) DUTIES: To recommend the use, location, lease or purchase of works of art to be considered a part of the beautification or cultural development of the City; to advise owners of private property in relation to beautification of their properties; to prepare specifications for the maintenance of works of art and to inspect such work for the guidance of the City departments concerned; to advise with respect to the design of building, bridges or other structures on city property if submitted to the Commission; to study and evaluate the activities in and the uses made of the Bayfront Arts & Science Park, and to plan the Park's development for the future activities and uses. COMPOSITION: 17 members appointed by the Mayor subject to confirmation by the Council for three -year terms to provide advice on beautification and cultural development of the City. The Commission shall represent the following categories: (2) marketing representatives; (2) Economic Development/Tourism representatives; (2) Public Space/Public Art representatives; (2) Youth/Education representatives; and one representative from Music, Visual Art, Dance, Drama, Architecture, Texas A &M University, Del Mar College, Civic Leader, and a Business development group such as the Alliance, Hispanic Chamber of Commerce, etc. The mayor may solicit suggested nominations for such appointments from the respective cultural organizations for the non - lay members. The Commission may organize and elect a Chairman annually and adopt such administrative procedures as are necessary to accomplish its purposes. ORIGINAL MEMBERS TERM APPTD. DATE ** *John Charles Watson, Jr. (Public Art /Public Space) 9 -01 -08 6 -12 -07 Joe Pena (Visual Art) 9 -01 -10 3 -11 -08 Joseph B. Schenk (Texas A &M -CC) 9 -01 -09 3 -11 -08 *Frank Trimble (Architecture) 9 -01 -08 10 -11 -05 David Berlanga (Civic Leader) 9 -01 -10 10 -9 -07 * * *Ed Grove (Marketing) 9 -01 -09 8 -24 -04 Heidi Hovda (Business Development) 9 -01 -09 6 -12 -07 Gloria T. Bilaye - Benibo (Dance) 9 -01 -10 12 -14 -04 Judith Prewitt, Ph.D. ( Education/Youth) 9 -01 -10 8 -24 -04 *Joe Hilliard (Economic Dev./ Tourism) 9 -01 -08 6 -12 -07 Kristi Pena (Public Art/ Public Space) 9 -01 -09 3 -11 -08 * * ** *Anne Stewart (Del Mar College) 9 -01 -08 11 -13 -01 Lynda A.J. Jones (Education/Youth) 9 -01 -09 6 -17 -03 Michael Kim Frederick (Drama) 9 -01 -10 6 -12 -07 Guadalupe Garcia (Economic Dev./Tourism) 9 -01 -09 5 -10 -05 ** *Richard Sanchez (Music) 9 -01 -10 6 -12 -07 Joye LaBarrett (Marketing) 9 -01 -09 5 -09 -06 Council Liaison: Nelda Martinez, Council Member Legend: — *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation —35— (Note: The Arts and Cultural Commission is recommending the realignment of Guadalupe Garcia from Economic Dev./Tourism to Music, Kristi Pena from Public Art/Public Space to Marketing, and Lynda Jones from Education/Youth to Public Art/Public Space. It is recommending the new appointments of Ericka Kemm (Public Art/Public Space), Amorette Garza (Del Mar College), Dr. Lari Young ( Education/Youth), and Paul Bissell (Economic Dev./Tourism). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Frank Trimble (Arch.) 11 Joe Hilliard (Econ/Tour) 11 NO. PRESENT 9 8(lexc) % OF ATTENDANCE LAST TERM YEAR 82% 73% OTHER INDIVIDUALS EXPRESSING INTEREST Christopher Aeby Owner, Restaurant Lavender. Attended the California Culinary Academy. (Economic Dev./Tourism) (10- 03 -07) Jo Anna Benavides -Franke Director, Career Services, Texas A &M University- Corpus Christi. Received Bachelor of Business Administration in Human Resources Management from Stephen F. Austin State University and Master of Science in Education Administration from Texas A &M University - Corpus Christi. Activities include: Corpus Christi Human Resource Management Association, Board of Directors, Harbor Playhouse, Board of Directors, Bailando Al Aire Libre Cole Park, Second Baptist Church Volunteer, Choir and Chaperon, and InStep Dance Studio. Recipient of Texas A &M University- Corpus Christi Women Center Unsung Hero Award, 2003. (Education/Youth) (8 -1 -08) Paul Bissell Associate Professor, Del Mar College. Owner, Go Fish Music. Received BA in Music Performance from University of South Florida, Masters of Music and Doctorate of Musical Arts from University of Texas at Austin. (Music, Del Mar, Economic Dev. /Tourism, and Education/Youth) (5- 16 -08) Lindy Burns Outreach Director, YMCA of the Coastal Bend. Received BA in Psychology and MA in Clinical Psychology from Texas A &M University - Corpus Christi. Activities include: Yoga Studio of Corpus Christi — Community Events, Organize Fundraisers for At -Risk Youth, and Artist. (Education/Youth) (6- 17 -08) —36— Lissa Chilton Sherri Darveaux Linda Eshom Amorette V. Garza Ericha Kemm Coordinator/Instructor, Cortez Music Studio. Currently attending Texas A &M- Corpus Christi. Activities include: Association for Childhood Education International, PTA Officer -Wynn Seale Academy of Fine Arts, Parent Decision Making Committee in Public Schools, and Neighborhood Wipe Out Volunteer. ( Education/Youth and Music) (2- 19 -08) Retired, Former Librarian, Engineering Training Developer, and Trainer Business Software Applications. Received Master of Arts in Education, from University of Texas at San Antonio, Texas and Master of Library Science from University of Arizona. Attended Executive Program at Anderson Graduate School of Business, University of California, Los Angeles. Activities include: Member of National Library Science Honor Society and Local Antiquing Group. (Education/Youth) (1- 25 -08) Fine Arts Consultant. Received Master of Art and Master of Science in Education. Activities include: Art Musem and Art Center. Received Distinguished Fellow -Texas Art Education Association. (Education/Youth) (4- 12 -07) Assistant Professor Art, Del Mar College. Received BFA in Studio Art from University of Texas at Austin and MFA in Sculpture from Virginia Commonwealth University at Richmond, Virginia. Activities include: Judge for TAEA Visual Art Scholastic Event, Ray High School and CCISD Student Art Competition, Art Museum of South Texas for 2008, Board of Supporting Trustees and Exhibitions and Adult Education Committee for Art Museum of South Texas. (Del Mar) (6- 13 -08) President, K Space Contemporary. Attended California College of Art and Design, Oakland, California, National College of Art and Design, Dublin, Ireland, The School of the Art Institute of Chicago, Chicago, Illinois, Texas Christian University, Fort Worth, Texas and Received Secondary Art Teacher Certification from University of Texas at Arlington, Arlington, Texas. Former Art Instructor for Middle and High Schools. Activities include: Former Docent, Museum of South Texas and Muralist, Downtown Corpus Christi Association Mural Project, May 2006. (Public Art/Public Spaces) (7 -2 -08) —37— Ola Underhill Rushing Retired. Former Principal for Chula Vista Academy of Fine Arts, Corpus Christi Independent School District. Received BFA from Ohio State University and MS from Indiana University. Activities include: Art Center of Corpus Christi, Former Board Member of Art Museum of South Texas, South Texas Artists Association, and Elder, Stewardship Chair, and Sunday School Teacher at South Shore Christian Church. Recipient of YWCA Women in Careers Award, 1995. (Education/Youth) (2- 18 -08) Donald E. Russell President, Negotiations & Contracts Consultants, Inc. Received BS in Business Administration and Accounting from University of Kansas, Graduate Work in Information Systems from The George Washington University and Law Courses from William Howard Taft University. Activities include: Management Consultant to Energy Industry, Licensed Pilot, and Professional Vocalist. Named Buyer of the Year by Mid- American Minority Business Development Council (2007). (Music) (2- 25 -08) Patrick Smith Shawn Smith Dr. Lan Dianne Young Programming Consultant, Robbins - Gioia. Received BA in Applied Sciences from Texas A &M- Commerce. Activities include: United States Army Reserve and Contractor, Past Director of Big Brothers Big Sisters, Waco, Texas and Past President, Active Claremont, Claremont, Califomia. (Education/Youth) (8- 21 -07) Assistant Professor of Music, Texas A &M University- Corpus Christi. Received Bachelor of Music in Education from Boise State University, Master of Music from Louisiana State University and doctor of Musical Arts from Arizona State University. Activities include: Conductor, A &M- Corpus Christi Symphonic Winds, Scholarship Committee Member, A &M- Corpus Christi Music Department, Member of Corpus Christi Wind Symphony and Corpus Christi Municipal Band. (Education/Youth and Music) (8- 10 -07) Director, Performing Arts Center, Texas A &M University- Corpus Christi. Received Bachelor of Music, Percussion Performance, Bachelor of Music Education, All Level, Master of Music History and Literature, and Ph.D. in Interdisciplinary Fine Arts from Texas Tech University, Lubbock, Texas. Activities include: Graduate of Leadership Corpus Christi Class XXXV, Board member of Southside Rotary club of Corpus Christi, Cocker Spaniel Rescue; and Southwest Performing Arts Presenters. (Education/Youth and Music) (8 -8 -07) -38- 3 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 09/09/2008 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept supplemental funding in the amount of $30,000 from the Governor's Division of Emergency Management, Texas Department of Public Safety, for additional funding eligible under the FY 2008 Local Border Security Program and to execute all related documents. B. Ordinance appropriating $30,000 from the Governor's Division of Emergency Management, Texas Department of Public Safety in the No. 1061 Police Grant Fund for overtime associated with the Border Star Program. ISSUE: Funds are available for the Police Department to assist the Texas Department of Public Safety under the Border Star Program. BACKGROUND: The Police Department will assist the Texas Department of Public Safety on an overtime basis with operations for border security. REQUIRED COUNCIL ACTION: Accepting the grant and appropriating the funds FUNDING: There is no match required of the grant. The program period is 2/15/2008 — 8/15/2009 CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. Attachments: • Award document —41— Bryan P. Smith Chief of Police DIVISION OF EMERGENCY MANAGEMENT Office of the Governor RICK PERRY STEVEN McCRAW Governor Director Meal➢LAIYM Caomct Nnmbas: FhtaifidtAdt Office ofHamdaad Eternity PO Box 4087 512-424-2138 Duty Hours 5805 N. Iamu BM. Austin. Texas 78773-0220 512-424-2277 Non-Duty Hours Austin, Texas 78752 JACK COLLEY 512 -424-2444 Fax CYief August 12, 2008 GRANT ADJUSTMENT NOTICE for the LOCAL BORDER SECURITY GRANT FY 08 (LBSP -08) PROGRAM This letter is to advise you that the ending date of the period of performance for all Local Border Security Grant — FY 08 (LBSP -08) grant awards is being extended from August 15, 2008, to August 15, 2009. Your organization should have received a copy of the Notice of Grant Award for this grant signed by Jack Colley, Chief of the Division, and the authorized local official that accepted the grant. The Notice of Grant Award includes a cover page and a number of pages of supporting data, including copies of Financial Cost Estimate forms and other documents. Please sign the attached Grant Adjustment Notice (GAN) and return a copy of the signed GAN not later than August 30th by mail or fax to the address or fax number shown at the bottom of the GAN.: Please provide this letter and a copy of the signed Grant Adjustment Notice to the financial management staff that maintains your grant records so that it can be attached to your grant award. I suggest you also provide a copy of these materials to law enforcement operations personnel who need to know about the extension of the period of performance for this grant. Should you have any questions regarding this matter, please contact Ms. Ryan- Bunger at 512/424 -2271. Sincerely, k Colley hief Attachment: Grant Adjustment Notice for LBSP -08 —42— GRANT ADJUSTMENT NOTICE GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT Program Title: Local Border Security Program FY08 (LBSP -08) Funding Instrument: General Appropriations Act, Rider 60, 80th Legislature Administered by: Govemor's Division of Emergency Management Texas Department of Public Safety P.O. Box 4087 Austin, Texas 78773 -0220 Grant Adjustment: Corpus Christi Police Department, Nueces County GDEM Grant Number: LBSP -08 -053 111 CHANGE IN GRANT TERMS & CONDITIONS: In accordance with Article IX, section 17.04(6), of the General Appropriations Act for the 2008 -2009 Biennium, the ending date for the period of performance for the Local Border Security Program —FY 08 (LBSP -08) grant is extended from August 15, 2008, to August 15, 2009. GRANTOR APPROVAL GRANTEE APPROVAL Jack Co Printed Title: erne: b R Nib-( J Chief Date: August 12, 2008 Date: ic.1,6g Return signed copy he Aueuct 30th to: Governor's Division of Emergency Management Attention: Gisela Ryan - Bunger, Operations Section Texas Department of Public Safety P.O. Box 4087 Austin, Texas 78773 -0220 Fax Number: 512/424 -7160 —43— GRANT ADJUSTMENT NOTICE GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT Program Title: Local Border Security Program FY08 (LBSP -08) Funding Instrument: Administered by: General Appropriations Act, Rider 80, 80th Legislature Governor's Division of Emergency Management Texas Department of Public Safety P.O. Box 4087 Austin, Texas 78773 -0220 GDEM Grant Number: LBSP -08 -053 Recipient: Corpus Christi Police Department, Nueces County Amount of Grant: Period of Grant: Type of Action $129,980.91 (Original Grant Amount: $99,980.91) 15 February 2008 through 15 August 2009 Increase in Funds ❑ Decrease in Funds ❑ Close -out Document AGENCY APPROVAL Ja Colley Chief Date: —44— ORDINANCE APPROPRIATING $30,000 FROM THE GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT, TEXAS DEPARTMENT OF PUBLIC SAFETY, IN THE NO. 1061 POLICE GRANTS FUND FOR OVERTIME ASSOCIATED WITH THE BORDER STAR PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $30,000 is appropriated in the No. 1061 Police Grants Fund from the Governor's Division of Emergency Management, Texas Department of Public Safety, for overtime associated with the Border Star Program. 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, this the 9th day of September, 2008. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form , 2008 Joseph HaVney Assistant City Attomey For City Attomey -45- 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, I/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, Council Members Henry Garrett Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon -46- 4 CITY COUNCIL AGENDA MEMORANDUM Date: 09/09/2008 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $89,001 from the State of Texas, Criminal Justice Division to continue the Victims of Crime Act (VOCA) grant within the Police Department for Year 9 with a City cash match of $19,424, in -kind match of $3,200 for a total project cost of $111,625 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. B. Ordinance appropriating $89,001 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Victims of Crime Act (VOCA) Fund, and authorizing the transfer of $19,424 from the No. 1020 Cash contribution to Grants to the No. 1061 Police Grants Fund as grant matching funds. ISSUE: Year 9 funding has been awarded from the State of Texas, Criminal Justice Division, under the Victims of Crime Act (VOCA) that provides funds to projects with the primary mission of providing direct services to victims of crime. REQUIRED COUNCIL ACTION: Accepting the grant award. PREVIOUS COUNCIL ACTION: Approval to submit the application on 01/18/2008. FUNDING: The State provides $89,001 and the City $22,624. The City is required to contribute at least a 20% grant match that may be in -kind or cash contribution. Volunteer hours provide $3,200 toward the match with the general fund providing $19,424 to purchase equipment, supplies, and provide training. The funding is not on a declining percentage or ending funding cycle. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant award. 4 , Attachments: Grant acceptance notice —49— Bryan P. Smith Chief of Police BACKGROUND INFORMATION The grant continues the Victim Assistance Program that provides assistance to victims and family members with the goal of lessening the short and long -term trauma experienced as a direct result of victimization. Victims and their family members are provided with information and guidance for resolving problems and referrals to other social service agencies. The purpose of these services is to speed their recovery from a criminal act to aid them in the criminal justice process. The grant covers the salary/ benefits for two Victim Case Managers, equipment, supplies, training, and mileage. The case managers provide services to victims including information and referral, criminal justice support and case information, assistance with filing forms for benefits available through the Crime Victims' Compensation under the Texas Crime Victims Compensation Act, informing victims of their rights as victims, advocating on victims behalf with other agencies and within the criminal justice system, and transportation to shelter or to court. They also work with the Victims Advocates Office located at the District and County Attorney's office, local coalitions and other agencies in an ongoing effort to identify needs and to improve the quality and continuity of services to victims in the community. —50— S T A T E O F T E X A S O F F I C E O F T H E G O V E R N O R Rick Perry Governor August 21, 2008 Mr. Bryan Smith Corpus Christi, City of Post Office Box 9016 Corpus Christi, Texas 78469 Dear Chief Smith: I am pleased to announce a grant award for $89,001.00 to your organization for the following project: Victims of Crime Act. My Criminal Justice Division is working to ensure that communities throughout the state receive the resources to make Texas a safer place. CJD- funded programs promote help and healing for crime victims, provide safe places and positive role models for young Texans, enforce laws that protect citizens and expand training opportunities for Texas criminal justice professionals. Your project contributes to these efforts. Instructions for activating your grant online at https: / /cjdonline.govemor.state.tx.us should have come to you already by email. Please call my Criminal Justice. Division at (512) 463 -1919 if you have any questions. Sincerely, Rick Perry Governor RP:kcn 1522309 POST OFFICE BOX 12428 AUSTIN, TEXAS 78711 (512) 463 -1919 ( VOICE) /(512)475- 2440 (FAX) /DIAL 7 -1 -1 FOR RELAY SERVICES -51- Rick Perry Governor State of T e x a s O f f i c e of t h e G o v e r n o r Criminal Justice Division August 21, 2008 Mr. Bryan Smith Chief of Police PREVIEW - Corpus Christi, City of - PREVIEW - 321 John Sartain Corpus Christi, Texas 78469 Dear Chief Smith: Congratulations on your award! To activate your agency's grant, the Authorized Official must log on to eGrants at httos : / /cjdonline.eovernor.state.tx.us and go to the 'My Home' tab. In the `Project Status' column, locate the application that is in 'Pending Acceptance of Award' status. Click on the grant number and proceed to the 'Accept Award' tab. From this tab, click on the 'Accept' button. Be sure to review the attached memo for a quick overview of general items every grantee should be aware of. You can also find more detailed information on the eGrants website including helpful resources, links, and tools needed to properly administer OD grants; an eGrants Users Guide; and the new Guide to Grants containing answers to questions frequently asked by grantees. The Public Policy Research Institute (PPRI) at Texas A&M University will send a detailed information packet to the Project Director containing progress reporting forms an instructions on completing and submitting those forms. I hope you continue to find the online environment of eGrants to be a positive experience. We are continually improving the efficiency of processes so that you can dedicate your time to the priorities of service within your communities. We look forward to working with you to ensure the success of your program. Sincerely, L Ken C. Nicolas Executive Director Post Office Box 12428 Austin, Texas 78711 (512) 463 -1919 ( Voice) /(512)475- 2440 (FAX) /Dial 7 -1 -1 For Relay Services -52- Grant Number: Program Fund: Grantee Name: Project Title: Grant Period: Liquidation Date: Date Awarded: CJD Grant Manager: OFF-inF " 4 THE GOVERNQ. CRIMiiNlAL JUSTICE D VIS,CN STATEMENT " iF GRANT AWA',i) VA- 08 -V30- 15223 -09 VA- 16.575 Crime Victim Assistance PREVIEW - Corpus Christi, City of- PREVIEW - Victims of Crime Act 07/01/2008 - 06/30/2009 09/28/2009 08/21/2008 Laura uBetancourt CJD Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: $89,001.00 $19,424.00 $3,200.00 $111,625.00 The Statement of Grant Award is your official notice of award from the Govemor's Criminal Justice Division (CJD). The approved budget is reflected in the Budget/Details tab for this record in eGrants. The grantee agrees to comply with the provisions of the Governor's Criminal Justice Division's rules in Title I, Part I, Chapter 3, Texas Administrative Code in effect on the date the grant is awarded. By clicking on the 'Accept button within the 'Accept Award' tab, the grantee accepts the responsibility for the grant project and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund - Specific Requirement(s), if any, cited below: Condition(s) of Funding and Other Fund - Specific Requirement(s): -53- Rick Perry Governor State of Texas Office of the Governor Criminal Justice Division Memorandum To: CJD Grant Recipients From: Angie Martin, Director of Programs and Grant Administration Contact: (512) 463-1919 Re: Grantee Responsibilities Date Awarded: August 21, 2008 Congratulations on your grant award from Governor Rick Peny's Criminal Justice Division (CJD). It is important to make you aware of a few things to consider as you implement strategies to successfully manage your program. For more information and resources, refer to the Grant Resources section of eGrants available online athttus/ /:cidonline.govemor.state.tx.us Financial Reporting — Financial Status Reports will be submitted to CJD via eGrants. Financial Status Reports may be submitted monthly but must be submitted at least quarterly. Financial Status Reports are due after each calendar quarter, regardless of when the grant was awarded Due dates are: April 22 (January-March quarter) July 22 (April -June quarter) October 22 (July- September quarter) January 22 (October - December quarter) The final Financial Status Report should be submitted to CJD on or before the grant liquidation date or funds will lapse and CJD will provide them as grants to others who need the funding. Payment Authorization — Payments will be generated based on expenditures reported in the Financial Status Reports. Upon CJD approval of the Financial Status Report, a payment will be issued through direct deposit or a state warrant. Generated Program Income — Any income generated as a direct result of the grant activities should be reported to CJD through the Financial Status Report and grant adjustment processes Program income should be expended prior to seeking payments from CJD. Program income must be accounted and used for the purposes of the grant activites as awarded. Grant Funded Personnel — Staff whose salaries are supported by this award should be made aware that continued funding is contingent upon the availability of appropriated funds as well as the outcome of the annual application review conducted by CJD. Project Changes — Grantees may submit a request for grant adjustment via eGrants for any proposed budgetary or programmatic changes, including updating contact information for grant officials. -54- Equipment— Equipment purchased with grant funds should be used for the purpose of the grant and as approved by CJD. An inventory report should be kept on file containing all equipment purchased with any grant funds during the grant period. This report must agree with the approved grant budget and the final Financial Status Report. Fidelity Bond —Each nonprofit corporation receiving funds from CJD will obtain and have on file a blanket fidelity bond that indemnifies CJD against the loss and/or theft of the entire amount of grant funds. The fidelity bond should cover at least the CJD grant period. Required Notifications — Grantees should immediately notify CJD in writing of any misappropriation of funds, fraud, theft, embezzlement, forgery, or any other serious irregularities indicating noncompliance with grant requirements. Grantees shall notify the local prosecutor's office of any possible criminal violations. Grantees should immediately notify CJD in writing if a project or project personnel become involved in any litigation, whether civil or criminal, and the grantee must immediately forward a copy of any demand notices, subpoenas, lawsuits, or indictments to CJD. If a federal or state court or administrative agency renders a judgment or order finding discrimination by a grantee based on race, color, national origin, sex, age, or handicap, the grantee agrees to immediately forward a copy of the judgment or order to CJD. Project Effectiveness — Grantees should regularly evaluate the effectiveness of their projects This includes a reassessment of project activities and services to determine whether they continue to be effective. Grantees must show that their activities and services effectively address and achieve the project's stated purpose. Programmatic Reporting — Grantees will submit required reports regarding grant information, performance, and progress towards goals and objectives in accordance with the instructions provided by CJD, or its designee. To remain eligible for funding, the grantee must be able to show the scope of services provided and the impact and quality of those services. Monitoring — Grantees should readily make available to CJD or its agents all requested records CJD may make unannounced monitoring visits at any time. The grantee should make every effort to resolve all issues, findings, or actions identified by CJD within the time frame specified by CJD. Audit Requirements — Grantees expending over $500,000 in state or federal grant funds during the fiscal year are subject to the Single Audit requirements set forth in OMB Circular No. A at htto:// www. whitehouse .zov /omb /circulars/index.html and the State Single Audit Circular issued under the Uniform Grant Management Standards (UGMS) at htro : / /www.uovernor. state. tx. us / divisions /statezrants /uuidelines Grantees should submit to CJD copies of the results of any single audit conducted in accordance with OMB Circular Nn A -133 at htto://www.whitehouse.uov/omb/circulars/index.html or in accordance with the State Single Audit Circular issued under UGMS, within 30 calendar days after the grantee receives the audit results or nine months after the end of the audit period, whichever is earlier. Supplanting — Awarded funds should be used to supplement existing funds for program activities and not replace (supplant) funds that have been appropriated for the same purpose Grant monitors and auditors will look for potential supplanting during reviews. Violations may result in a range of penalties, including suspension of future funds, suspension or debarment from receiving federal or state grants, recoupment of monies provided under the grant, and civil and/or criminal penalties. Please contact us if you have any questions about supplanting. -55- Conflict of Interest — Grantees should have in place established safeguards to prohibit employees from using their positions for a purpose that is, or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. Contracting and Procurement — Grantees should follow their established policy and best practices for procuring goods and/or services with grant funds. Contracts should be routinely monitored for delivery of services and /or goods. When a contractual or equipment procurement is in excess of $100,000, grantees will submit a Procurement Questionnaire btto: / /www.eovemor. state. tx .us /divisions /cid /formsanos/view to CJD for approval prior to procurement. Travel — Grantees should follow their established policies and good fiscal stewardship related to travel expenses. If the grantee does not have established policies regarding in -state and out -of -state travel, grantee will use the travel guidelines established for state employees. Uniform Crime Reporting — Local units of governments receiving funds from CJD should comply with all requirements for uniform crime reporting and will ensure that prompt reporting will remain current throughout the grant period. Limited English Proficiency — Grantees should take reasonable steps to ensure that persons with limited English proficiency have meaningful access to services. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. Additional information on this requirement can be found athtto: / /www.lep.eov. Law Enforcement Programs —Law enforcement programs receiving funds from CJD must be in compliance with all rules developed by the Texas Commission on Law Enforcement Officer Standards and Education. -56- ORDINANCE APPROPRIATING $89,001 FROM THE STATE OF TEXAS, CRIMINAL JUSTICE DIVISION, IN THE NO. 1061 POLICE GRANTS FUND FOR FUNDING AVAILABLE UNDER THE VICTIMS OF CRIME ACT (VOCA) FUND AND AUTHORIZING THE TRANSFER OF $19,424 FROM THE NO. 1020 CASH CONTRIBUTIONS TO GRANTS TO THE NO. 1061 POLICE GRANTS FUND AS GRANT MATCHING FUNDS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $89,001 from the State of Texas, Criminal Justice Division, in the No. 1061 Police Grants Fund for funding available under the Victims of Crime Act (VOCA) Fund and authorizing the transfer of $19,424 from the No. 1020 Cash Contribution to Grants to the No. 1061 Police Grants Fund as grant matching funds. 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 9th day of September, 2008. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form /4 •' y'> f z.6, 2008 Joseph Ha Assistant City Attorney For City Attorney -57- 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 9/9/2008 AGENDA ITEM: Resolution authorizing the City Manager or designee to execute an agreement to establish the Matthew Thebeau Memorial Award. ISSUE: Family and community members have requested to present funds to the City to establish the award. BACKGROUND INFORMATION: Officer Matthew Thebeau passed away in the line of duty in 2008. Numerous individuals have come forward to donate funds to establish the Matthew Thebeau Memorial Award to be presented at the Corpus Christi Police Academy graduation ceremony. The recipient of the award should possess the characteristics which honor the memory of Officer Thebeau. REQUIRED COUNCIL ACTION: Approval of the resolution. PREVIOUS COUNCIL ACTION: None. FUNDING: No funding is involved. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the ordinance. Attachments: • Agreement -61- Bryan P. Smith Chief of Police RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AGREEMENT TO ESTABLISH THE MATTHEW THEBEAU MEMORIAL AWARD Whereas, Matthew Thebeau served honorably and passionately as Corpus Christi Police Officer until his passing in 2008 in the line of duty; Whereas, Officer Thebeau made a lasting and positive impression on the Corpus Christi community; Whereas, Officer Thebeau's parents, Larry and Cyndia Thebeau, and his sister Amy Conaghan, and other family and community members desire to donate funds to establish the Matthew Thebeau Memorial Award to honor the memory of Officer Thebeau, to be presented to graduating cadet of the Corpus Christi Police Academy; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: Section 1. The City Manager is authorized to execute attached Agreement to establish the Matthew Thebeau Memorial Award. INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas, on the day of , 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Approved: August 21, 2008 Lisa Agull r Assistant City Attorney for City Attorney —62— Henry Garrett, Mayor Corpus Christi, Texas of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon -63- AGREEMENT TO ESTABLISH MATTHEW THEBEAU MEMORIAL AWARD This Agreement is by and between the City of Corpus Christi, a home rule city under the laws of the State of Texas, (the "City") and Cyndia Thebeau. Whereas, Matthew Thebeau served honorably and passionately as Corpus Christi Police Officer until his passing in 2008 in the line of duty; Whereas Officer Thebeau made a lasting and positive impression on the Corpus Christi community; Whereas family and community members desire to present funds to the City of Corpus Christi to establish the Matthew Thebeau Memorial Award to honor the memory of Officer Thebeau, to be presented by the Corpus Christi Police Academy to a deserving graduating cadet of the Corpus Christi Police Academy; For and in consideration of the covenants, undertakings and considerations herein stated, the City of Corpus Christi and Cyndia Thebeau agree as follows: 1. The City accepts the initial funding of $10,000.00 from Mrs. Cyndia Thebeau to fund a Matthew Thebeau Memorial Award. 2. The City will use the funds provided under this Agreement to award a cash award of $500.00, to be presented at the Corpus Christi Police Academy graduation ceremony to the recipient of the Matthew Thebeau Memorial Award. 3. The Corpus Christi Police Academy training staff shall determine the recipient of the Matthew Thebeau Memorial Award. The recipient of the award should possess the characteristics which honor the memory of Officer Thebeau: honesty, humor, wisdom, honor, empathy, compassion, enthusiasm, commitment, service, loyalty, respectfulness, trustworthiness, positive attitude, and physical agility. C: \Users \Cindy\Doeuments\matt's stuff\memorials\Matthew Thebeau MemorialAward.DOC —64— 4. The City Manager is authorized to accept additional funds that are given to the City of Corpus Christi for the benefit of the Matthew Thebeau Memorial Award fund. 5. The funds provided under this Agreement will be maintained by the City in an interest - bearing depository account, and interest will be applied towards the Matthew Thebeau Memorial Award fund. 6. The award described herein is contingent upon City's receipt of sufficient private funds. 7. This Agreement shall not be amended except in writing, signed by all parties hereto. This contract shall be interpreted in accordance with the laws of the State of Texas. Agreed to by: raze_ -eat 20/1 Cyndia Thebeau Date ATTEST CITY OF CORPUS CHRISTI, TEXAS Armando Chapa, City Secretary City Manager sv Approved: a Day of August, 2008 C: \Users \Cindy\Documents\matt's stuff\memorials\Matthew Thebeau MemorialAward.DOC —65— By: d,.vrc Lisa Aguil , Assistant City Attomey For City Attomey C:\ Users \Cindy\Documents\matt's stuf 1memorials\Matthew Thebeau MemorialAward.DOC —66— 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: Sentember 9.2008 AGENDA ITEM: Item A: AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT OF $230,351 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR PERSONNEL COSTS AND OTHER EXPENSES RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM AND TO EXECUTE ALL RELATED DOCUMENTS. Item B: APPROPRIATING A GRANT OF $230,351 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND FOR PERSONNEL COSTS AND OTHER EXPENSES RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM; AND DECLARING AN EMERGENCY. ISSUE: The Department of State Health Services (DSHS) has awarded a grant in the amount of $230,351 to maintain the laboratory beginning August 1, 2008, through July 31, 2009, as a Level B laboratory. This grant will fund the salary for two (2) technical positions and the purchase of equipment to support the testing and teaching functions required in the grant as well as continuing to enable the lab to test food for possible agents of bioterrorism and to support the Environmental Health division with outbreaks of food -bome illness. REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds. PREVIOUS COUNCIL ACTION: Council approved funding FY 07 -08. FUNDING: There is no match funding required. CONCLUSION AND RECOMMENDATION: Recommend City Council to accept the grant and appropriate funding to maintain a Level B laboratory. Attachments: —69— XP W Annette Rodriguez, M.P.H. Acting Director of Public Health BACKGROUND INFORMATION This item continues our current contract with the DSHS to maintain our lab at a Level B Laboratory. This will enable the lab to test food for possible agents of bioterrorism as well as enabling the lab to support the Environmental Health division with outbreaks of food -borne illness. The contract requires no matching funds. The contract period is from 8/1/08- 7/31/09, and funds are being awarded to cover personnel, fringe benefits, travel, equipment, supplies. This contract requires no matching funds. -70- A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT OF $230,351 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR PERSONNEL COSTS AND OTHER EXPENSES RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM AND TO EXECUTE ALL RELATED DOCUMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to accept a grant of $230,351 from the Texas Department of State Health Services for personnel costs and other expenses relating to a plan for responding to an act of terrorism and to execute all related documents. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: July 31, 2008 .�-✓ Elizabeth R. Hundley u Assistant City Attorney for the City Attorney EHres220.doc —71— Henry Garrett Mayor Corpus Christi, Texas day of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon -72- AN ORDINANCE APPROPRIATING A GRANT OF $230,351 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND FOR PERSONNEL COSTS AND OTHER EXPENSES RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A grant of $230,351 from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund for personnel costs and other ex- penses relating to a plan for responding to an act of terrorism. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: July 31, 2008 Elizabeth R. ndley Assistant City Attorney for the City Attorney EHord240.doc —73— Henry Garrett Mayor Corpus Christi, Texas day of , 2008 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, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon EHord240.doc -74- 7 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: ITEM A: AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT OF $241,637 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE AN IMMUNIZATION PROGRAM FOR CHILDREN, ADOLESCENTS, AND ADULTS, WITH SPECIAL EMPHASIS ON CHILDREN TWO YEARS OF AGE OR YOUNGER, AND TO EXECUTE ALL RELATED DOCUMENTS. ITEM B: APPROPRIATING A GRANT OF $241,637 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE AN IMMUNIZATION PROGRAM FOR CHILDREN, ADOLESCENTS, AND ADULTS, WITH SPECIAL EMPHASIS ON CHILDREN TWO YEARS OF AGE OR YOUNGER; AND DECLARING AN EMERGENCY. ISSUE: The Department of State Health Services (DSHS) has awarded a grant in the amount of $241,637 to provide funding for Immunization services. The contract provides financial assistance to maintain an immunization program for children, adolescents, and adults, with special emphasis on children two years of age or younger. The contract period is from September 1, 2008 through August 31, 2009. REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds. PREVIOUS COUNCIL ACTION: Council approved funding for FY07 -08. FUNDING: There is no match funding required. CONCLUSION AND RECOMMENDATION: Recommend City Council to accept the grant and appropriate funding for continuation of immunization services. —77— «'/ 1 L Annette Ro riguez, M.P. Acting Director of Public Health BACKGROUND INFORMATION BACKGROUND: Department of State Health Services has supported the Health District Immunizations Program through grant funding for many years. The Immunizations Program of the Health District has provided approximately 21,749 immunizations to 15,044 persons during the past year. In addition to direct client services, the contract supports promotion of the need for immunizations to the general public and the medical community, as well as surveillance and investigation of vaccine - preventable diseases. It also enables the Health District to provide audits of schools and day care centers to assist them in complying with State requirements for immunization of children. No matching funds are required. —78— A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT OF $241,637 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE AN IMMUNIZATION PROGRAM FOR CHILDREN, ADOLESCENTS, AND ADULTS, WITH SPECIAL EMPHASIS ON CHILDREN TWO YEARS OF AGE OR YOUNGER, AND TO EXECUTE ALL RELATED DOCUMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to accept a grant of $241,637 from the Texas Department of State Health Services to provide an immuni- zation program for children, adolescents, and adults, with special emphasis on children two years of age or younger, and to execute all related documents. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: July 31, 2008 Elizabeth R. H i ley Assistant City Attorney for the City Attorney EHres219.doc —79— Henry Garrett Mayor Corpus Christi, Texas day of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon -80- AN ORDINANCE APPROPRIATING A GRANT OF $241,637 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE AN IMMUNIZATION PROGRAM FOR CHILDREN, ADOLESCENTS, AND ADULTS, WITH SPECIAL EMPHASIS ON CHILDREN TWO YEARS OF AGE OR YOUNGER; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A grant of $241,637 from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund to provide an immunization pro- gram for children, adolescents, and adults, with special emphasis on children two years of age or younger. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: July 31, 2008 (A-4 4-r •Elizabeth R. ndley Assistant City Attorney for the City Attorney EHord239.doc —81— Henry Garrett Mayor Corpus Christi, Texas day of , 2008 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, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon EHord239.doc -82- 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 9. 2008 AGENDA ITEM: ITEM A: AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT OF $202,923 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE ESSENTIAL PUBLIC HEALTH SERVICES AND TO EXECUTE ALL RELATED DOCUMENTS. ITEM B: APPROPRIATING A GRANT OF $202,923 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE ESSENTIAL PUBLIC HEALTH SERVICES; AND DECLARING AN EMERGENCY. ISSUE: The Department of State Health Services (DSHS) has awarded a grant in the amount of $202,923 to provide funding for public health services. The contract provides the Health District with financial assistance for expenses to support the provision of essential public health services including disease investigation and surveillance, laboratory services and environmental health services. The contract period is from September 1, 2008 through August 31, 2009. REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds. PREVIOUS COUNCIL ACTION: Council approved funding FY07 -08. FUNDING: There is no match funding required. CONCLUSION AND RECOMMENDATION: Recommend City Council to accept the grant and appropriate funding for continuation of public health services. Attachments: —85— ./-efrne Annette Rodriguez H. Acting Director of Public Health BACKGROUND INFORMATION This item is a grant that has been provided to the Health District from the DSHS for many years. The purpose of this funding is to strengthen and improve local public health infrastructure and to increase local jurisdiction's abilities to provide essential public health services. The grant provides for six staff salaries. Activities supported by this funding include provision of laboratory and environmental health services, diagnosis, investigation, and surveillance and prevention of communicable diseases, and community health education. No matching funds are required. -86- A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT OF $202,923 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE ESSENTIAL PUBLIC HEALTH SERVICES AND TO EXECUTE ALL RELATED DOCUMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to accept a grant of $202,923 from the Texas Department of State Health Services to provide essential public health services and to execute all related documents. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 19, 2008 Eliza• -th R. Hundle Assi pant City Attorney for the City Attorney EHres221.doc —87— Henry Garrett Mayor Corpus Christi, Texas day of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon -88- AN ORDINANCE APPROPRIATING A GRANT OF $202,923 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE ESSENTIAL PUBLIC HEALTH SERVICES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A grant of $202,923 from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund to provide essential public health services. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 19, 2008 Elizab-' h R. Hundley Assis -nt City Attorney for the City Attorney EHord241.doc -89- Henry Garrett Mayor Corpus Christi, Texas day of , 2008 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, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon EHord241.doc -90- 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 9. 2008 AGENDA ITEM: Rem A: AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT OF $63,134 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE TUBERCULOSIS PREVENTION AND CONTROL SERVICES AND TO EXECUTE ALL RELATED DOCUMENTS. Item B: APPROPRIATING A GRANT OF $63,134 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE TUBERCULOSIS PREVENTION AND CONTROL SERVICES; AND DECLARING AN EMERGENCY. ISSUE: The Department of State Health Services (DSHS) has awarded a grant in the amount of $63,134 to provide funding for the elimination and control of tuberculosis. These funds will provide services to individuals who have tuberculosis or those who have a high risk of developing tuberculosis. The contract period is from September 1, 2008 through August 31, 2009. REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds. PREVIOUS COUNCIL ACTION: Council approved contract for FY07 -08. FUNDING: There is no match funding required. CONCLUSION AND RECOMMENDATION:: Recommend City Council to accept the grant and appropriate funding for the elimination and control of tuberculosis. Attachments: —93— Annette Rodriguez, m M.P.H. Acting Director of Public Health BACKGROUND INFORMATION Department of State Health Services has supported the Health District TB program through grant funding for many years. The purpose of this funding is to provide services to prevent, treat, and control tuberculosis. The grant provides support for staff salaries, clinic supplies, and the provision of radiological services to TB clients. The TB Program serviced 14,436 patients in FY07 -08. No matching funds are required. —94— A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT OF $63,134 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE TUBERCULOSIS PREVENTION AND CONTROL SERVICES AND TO EXECUTE ALL RELATED DOCUMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to accept a grant of $63,134 from the Texas Department of State Health Services to provide tuberculosis prevention and control services and to execute all related documents. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 19, 2008 Eliza th R. Hundley Assi - nt City Attorney for the City Attorney EHres222.doc —95— Henry Garrett Mayor Corpus Christi, Texas day of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon -96- AN ORDINANCE APPROPRIATING A GRANT OF $63,134 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE TUBERCULOSIS PREVENTION AND CONTROL SERVICES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A grant of $63,134 from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund to provide tuberculosis prevention and control services. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 19, 2008 Eliza.�th R. Hundle Assis : nt City Attorney for the City Attorney EHord242.doc -97- Henry Garrett Mayor Corpus Christi, Texas day of , 2008 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, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon EHord242.doc -98- 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 9, 2008 AGENDA ITEM: ITEM A: AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT OF $22,500 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE LABORATORY SERVICES FOR THE ANALYSIS OF BAY WATER SAMPLES AND TO EXECUTE ALL RELATED DOCUMENTS. ITEM B: APPROPRIATING A GRANT OF $22,500 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE LABORATORY SERVICES FOR THE ANALYSIS OF BAY WATER SAMPLES; AND DECLARING AN EMERGENCY. ISSUE: The Department of State Health Services (DSHS) has awarded a grant in the amount of $22,500 to provide funding for laboratory services for the analysis of bay water samples. The contract provides the Health District with financial assistance for expenses to support the analyses of marine water for the Seafood Safety Division of DSHS. The contract period is from September 1, 2008 through August 31, 2009 REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds. PREVIOUS COUNCIL ACTION: Council approved funding FY07 -08. FUNDING: There is no match funding required. CONCLUSION AND RECOMMENDATION: Recommend City Council to accept the grant and appropriate funding for laboratory services. Attachments: Annette Rodriguez, Acting Director of Public Health —101— BACKGROUND INFORMATION The laboratory at the Corpus Christi - Nueces County Public Health District ( "CCNCPHD ") is certified by the Food and Drug Administration to perform analyses of marine water for the Seafood Safety Division of the DSHS. These analyses are performed on marine samples procured by personnel employed by the Seafood Safety Division from areas of active shellfish, primarily oyster, harvesting for commercial sales. The results of the laboratory analysis indicate whether or not levels of bacteria in the water from which the oysters are harvested are within the limits of safety for human consumption. For performing the analysis, the CCNCPHD laboratory will be paid $25.00 per sample under an annual contract that cannot exceed $22,500 in reimbursement. No matching funds are required —102— A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT OF $22,500 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE LABORATORY SERVICES FOR THE ANALYSIS OF BAY WATER SAMPLES AND TO EXECUTE ALL RELATED DOCUMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to accept a grant of $22.500 from the Texas Department of State Health Services to provide laboratory services for the analysis of bay water samples and to execute all related documents. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 19, 2008 Elizab3h R. Hundley Assist- nt City Attorney for the City Attorney EHres223.doc —103— Henry Garrett Mayor Corpus Christi, Texas day of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon -104- AN ORDINANCE APPROPRIATING A GRANT OF $22,500 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE LABORATORY SERVICES FOR THE ANALYSIS OF BAY WATER SAMPLES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A grant of $22,500 from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund to provide laboratory services for the analysis of bay water samples. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 19, 2008 Eliza id th R. Hundley Ass' nt City Attorney for the City Attorney EHord243.doc Henry Garrett Mayor -105- Corpus Christi, Texas day of , 2008 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, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon EHord243.doc -106- 11 AGENDA MEMORANDUM Date: September 9, 2008 SUBJECT: South Texas Library System grant for state fiscal year 2008 -2009 AGENDA ITEMS: a) Resolution authorizing the City Manager, or designee, to accept a grant in the amount of $ 394,978 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the South Texas Library System at the Corpus Christi Public Library for state fiscal year 2008 -2009. b) Ordinance appropriating $ 394,978 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to continue operation of the South Texas Library System at the Corpus Christi Public Library for state fiscal year 2008 -2009; and declaring an emergency. ISSUE: The Texas State Library and Archives Commission (TSLAC) designates and funds ten regional library systems each fiscal year. Corpus Christi Public Library has been the Major Resource Center for South Texas Library System (STLS) since 1971 -72 and continues to be so designated in state fiscal year 2008- 2009. The purpose of South Texas Library System is to provide supplementary and auxiliary services to its 54 member libraries in a twenty -six county area of South Texas. Corpus Christi Public Library is both administrative headquarters for STLS and a fully participating member of STLS. The plan of service and budget are developed in consultation with: member library representatives; an advisory council of six laymen; the director of Corpus Christi Public Libraries; and Texas State Library and Archives Commission. Current projects that will be continued are: Administration, Consulting, Continuing Education, Literacy, and Resource Sharing. The contract provides funds for four full -time staff members, library materials, supplies, equipment, telecommunications, travel, postage, printing, and professional services. Corpus Christi Public Libraries will receive $3,000 in adult literacy services. In addition, the City will receive $25,584 in indirect costs calculated at 14 percent of direct salaries. No funding will be required or requested from the City. The grant is from September 1, 2008 through August 31, 2009. REQUIRED COUNCIL ACTION: Contracts in excess of $25,000 and appropriation of funds require City Council approval. RECOMMENDATION: Staff recommends acceptance of grant and appropriation of funds. Herb Canales Director of Libraries -109- A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT A GRANT IN THE AMOUNT OF $394,978 AND TO EXECUTE A CONTRACT AND ALL RELATED DOCUMENTS WITH THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION TO CONTINUE OPERATION OF THE SOUTH TEXAS LIBRARY SYSTEM AT THE CORPUS CHRISTI PUBLIC LIBRARY FOR STATE FISCAL YEAR 2008 -2009. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to accept a grant in the amount of $394,978 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of South Texas Library System at the Corpus Christi Public Library for State Fiscal Year 2008 -2009. ATTEST: Armando Chapa Assistant Secretary CITY OF CORPUS CHRISTI Henry Garrett Mayor, City of Corpus Christi APPROVED AS TO FORM: August 29, 2008. Y� eA A istant ity Attorney For City Attorney —110— Corpus Christi, Texas of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon TEXAS STATE LIBRARY & ARCHIVES COMMISSION LIBRARY SYSTEM OPERATION GRANT Grant Number: 470 -09005 I. CONTRACTING PARTIES Grantor: Texas State Library and Archives Commission (TSLAC) Grantee: City of Corpus Christi, South Texas Library System 805 Comanche St. Corpus Christi, Texas 78401 -2715 II. TERM OF GRANT September 1, 2008, to August 31, 2009 (SFY 2009) III. STATEMENT OF SERVICES TO BE PERFORMED Grant - funded activities shall support and encourage the active and successful participation by libraries in services offered by the System and the Grantor. The Grantee must provide basic system support services to member libraries, provide coordination and cooperation with TSLAC and with other libraries in a region, meet TSLAC and federal goals, report information relating to best practices and performance outcomes, and comply with all applicable requirements. The Grantee will comply during the period of this contract and provide services as outlined within the grant application (System Plan of Service for State FY09) as approved by the Grantor. The approved Plan of Service submitted by Grantee becomes part of this contract by this reference. IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS A. The total amount of the grant shall not exceed: $394,978 B. Source of funds: Federal Funds, CFDA # 45.310 Institute of Museum and Library Services, State Library Program (IMLS) Federal Fiscal Year 2008 C. The Grantee must request payments from Grantor using the TSLAC Request for Funds Form (REF) via the electronic TSLAC Grant Management System (GMS), located at https: / /gms.tsl.state.tx.us/. Requests may be submitted to Grantor no more often than once per month, and no less often than once per quarter. Funds will be paid to the Grantee provided Grantor has received a fully executed contract and Grantee has fulfilled all reporting requirements for current and preceding contracts. D. The Grantee is restricted to one of two methods for requesting funds from Grantor. The Grantee may request reimbursement of actual expenditures for the Grantee's normal billing cycle or advance payment for estimated expenditures to be incurred for the upcoming 30 days. Only Grantees providing documentation to demonstrate a lack of sufficient working capital and the ability to minimize the time elapsing between transfer of funds from Grantor and disbursement of grant funds will be allowed to request advance payments. E. Payments of advance funds will be disbursed by the first working day of the advance period provided RFF Form is received by Grantor no later than the 14th of the previous month. Should excessive cash balances be maintained, Grantee may be required to use the reimbursement process. Grantor must receive final request for advance no later than July 15, 2009. Grantor must receive final request for reimbursement no later than October 15, 2009. F. The Grantee may not obligate or encumber grant funds after August 31, 2009. All obligations and encumbrances must be liquidated or paid no later than October 15, 2009. G. All unexpended grant funds must be returned to Grantor with the Final Financial Status Report (FSR) per requirements in the Federal Grants Management Handbook. See Section VII. B.of this contract for FSR due dates. As part of the Section VII reporting requirements, the Grantee will regularly notify the Grantor of the amount of projected unexpended funds. The Grantor reserves the right to act as necessary to reduce these unexpended balances, including reducing the amount specified in Section N.A. H. Interest earned in excess of $100 must be returned to Grantor, per requirements in the State of Texas Uniform Grant Management Standards (UGMS). I. The Grantee will add any program income to the funds committed to the grant, using such program income for the purposes and under the conditions of the grant. The source and amount of the program income must be explained in the remarks section of the TSLAC FSR form accessed through the Grants Management System (GMS) at https://gms.tsl.state.tx.us. Expending any earned program income earned through the utilization of resources funded by this grant requires written prior approval from TSLAC staff. FY 2009 System Operations Grant -112 - 1 of 7 TS! .Af'. J. Per the approved grant application, funds are authorized according to the following budget: Personnel $182.739 Fringe Benefits $68.010 Travel $38,315 Equipment/Property $- Supplies $21.750 Contractual $52.240 Other $6,340 Total $369,394 Indirect Costs $25,584 Total $394,978 V. WRITTEN REQUEST FOR FISCAL AND PROGRAMMATIC CHANGES The Grantee must request written prior approval for fiscal and/or programmatic changes as outlined in this Section. Grantee must submit request for program and/or fiscal changes via the electronic TSLAC GMSlocated at hrros: / /zms.rsLstate.tcus /. Under no condition may a Grantee request to exceed the total grant amount. Grantor must receive all change requests on or before July 31, 2009. Requests received after this date will be considered on a case -by -case basis. Grantee must receive written approval from Grantor before obligating or expending grant funds under any of the following conditions. A. Fiscal changes must have written prior approval under any of the following conditions: 1. Malting cumulative transfers among budget cost categories or projects that are expected to exceed ten (10) percent of the total grant; and/or, 2. Transferring any funds into a budget cost category that currently equals zero ($0); and/or, 3. Expending any earned program income earned through the utilization of resources funded by this grant; and/or, 4. Changing the items listed in the approved budget categories if an item's cost or features are substantially different from what the approved grant application specifies, or from a previously approved fiscal or program revision. B. Programmatic changes to the approved application (System Plan of Service) must have written prior approval under any of the following conditions: 1. Obtaining the services of a third party to perform activities that are central to the purposes of the grant; and/or, 2. Changing the scope or objectives of the approved program, regardless of whether there is an associated budget revision. A change in scope is a substantive difference in the approach or method used to reach program objectives; and/or, 3. Changing key persons specified in the grant; System Coordinators (or Executive Directors) are considered key personnel for the purpose of this section. VI. EQUIPMENT AND PROPERTY REQUIREMENTS A. Fiscal changes to items listed in the Equipment/Property category specified in Section IV. J of this contract require written prior approval. This is defined as the cost of the equipment and/or property, including any cost necessary to put the item into service, such as the cost of any modifications, attachments, accessories, or auxiliary apparatus necessary to make the item usable for the purpose for which it is acquired. Ancillary charges, such as taxes, duty, protective in- transit insurance, freight, and installation may be included in, or excluded from the expenditure cost in accordance with the Grantee's regular accounting practices and Generally Accepted Accounting Practices (GAAP). B. The Grantee will comply with UGMS Part III, Subpart C, Sec. 32 (d)(3) requiring certain items of equipment to be maintained on inventory if the item's cost is between $500 and $1000. C. The Grantee agrees to submit the TSLAC Equipment/Property Acquired Form electronically via the TSLAC GMS with the Final FSR, but no later than October 31, 2009, for all equipment/property purchased with grant funds during the FY09 grant year. This list must balance with the equipment/property purchased under the approved grant application and all subsequently approved Budget and/or Program Revisions. D. Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with the approved grant application or with the first RFF submitted. Grantee agrees to maintain records on all equipment/property with an acquisition cost above governing entity's capitalization level. E. Subject to the obligations and conditions set forth in the UGMS Part III, Subpart C, Sec. 32, title to equipment acquired under a grant will vest in the Grantee upon acquisition. Grantee must include any equipment/property acquired with grant funds in the required bi- annual property inventory, and follow the UGMS Part III, Subpart C, Sec. 32 (d) that requires the Grantee to reconcile the equipment/property records with a physical inventory of the equipment/property every two years. This bi -annual inventory does not need to be submitted to Grantor, but must be maintained by the Grantee and will be subject to review by Grantor. When property is vested in the Grantee, Grantee will dispose of equipment/property in accordance with the UGMS Part III, Subpart C, Sec. 32 (e). When the Grantee has been given federally- or state -owned equipment/property, Grantee will follow the UGMS Part III, Subpart C, Sec. 32 (f). —1 1 3— FY 2009 System Operations Grant 2 of 7 TSLAC VII. REPORTING REQUIREMENTS The State Legislature has charged the Grantor with submitting performance measurement reports that specify the level of services provided by its programs and services. In accepting these grant funds, the Grantee acknowledges responsibility for performing certain services on behalf of the Grantor, as outlined in the approved Plan of Service. Therefore, the Grantee is responsible for submitting periodic reports that reflect the Grantee's level of performance on these services to the Grantor. To comply with these requirements, the Grantee agrees to submit reports that are timely, accurate, auditable, and consistent with definitions. A. The Grantee agrees to submit a quarterly report on all activities relating to the program to the Grantor, on a form to be provided by the Grantor, on or before due dates listed in the following schedule: Reporting Period September 1, 2008 - November 30, 2008 December 1, 2008 - February 28, 2009 March 1, 2009 - May 31, 2009 June I, 2009 - August 31, 2009 Due Date December 7, 2008 March 7, 2009 June 7, 2009 September 7, 2009 B. The Grantee agrees to submit electronically the TSLAC Financial Status Report Form, located on the TSLAC GMS, for the grant funded under this contract no later than the due dates listed in the following schedule. Grantee should submit a Final FSR once all grant funds have been expended and all program requirements are accomplished. Grantee should mark the last required FSR as "Final" and not submit any subsequent FSR forms. Reporting Period Due Date September 1, 2008 - November 30, 2008 December 1, 2008 - February 28, 2009 March 1, 2009 - May 31, 2009 June 1, 2009 - August 31, 2009 December 31, 2008 March 31, 2009 June 30, 2009 September 30, 2009 If necessary, a revised Final FSR must be submitted no later than October 31, 2009. Note: Grantee must contact the Grants Accountant listed in Section X of this contract in order to submit a revised FSR. C. Grantee will provide prompt and detailed financial reports if requested, in addition to the scheduled Financial Status Reports. Note: Additional reports will be supplied by the grantee within 5 business days of request by Grantor. D. The Grantee will send the Grantor a copy of all management letters issued by an auditor with the reporting package. As specified in UGMS Part IV, Subpart B, Sec. 235(c), the audit shall be completed and submitted within the earlier of 30 days after receipt of the auditors report(s), or nine months after the end of the audit period, unless a longer period is agreed to in advance by the state agency that provided the funding or a different.period is specified in a program - specific audit guide. The audit's Schedule of Expenditures of Federal and State Awards must list the amount of TSLAC awards expended for each award year separately. E. The Grantee will submit the required Workshop Reporting Forms to the Grantor for the period September 1, 2008 to August 31, 2009. Workshop Reporting Forms should be submitted following each workshop, with all forms submitted no later than September 30, 2009. F. Grantee agrees to participate in Outcome Based Evaluation (OBE), as determined by Grantor, for the grant period September 1, 2008 to August 31, 2009. Grantee will submit OBE report to Grantor no later than September 30, 2009 unless grantor grants an extension. G. The Grantee agrees to submit an annual LSTA Project Report Form no later than September 30, 2009 unless grantor grants an extension. H. The Grantee agrees to submit the Grant Checklist report form for the grant funded under this contract no later than October 31, 2009. VIII. GENERAL TERMS AND CONDITIONS A. The Grantee will comply with the System Plan of Service Program Guidelines for SFY 2009. B. The Grantee will comply with the Rules for Administering the Library Systems Act, Texas Administrative Code, Title 13, Part 1, Chapter I, Subchapter D, Rules 1.91 - 1.96, Title 13, Part 1, Chapter 2, Subchapter C, Division 6, Rules 2.610 - 2.612 regarding the Guidelines for Library Systems, and Title 13, Part 1, Chapter 2, Subchapter C, Division 1, Rules 2.110 - 2.119 regarding General Grant Guidelines. C. The Grantee will comply with the following parts of the Governor's Office of Budget and Planning, UGMS revised June 2004, located at: www.govemor.state.tcus/ divisions /statearants/ guidelines /files/UGMS062004.doc. Part I. Cost Principles for State and Local Governments and Other Affected Entities (Adapted from OMB Circular A -87) Part II. State Uniform Administrative Requirements for Grants and Cooperative Agreements (Adapted from OMB Circulars A -102 and A -122) -114- TOT A Part III. State of Texas Single Audit Circular (Adapted from OMB Circular A -133) D. For grants funded with federal funds Grantee will also comply with the Office of Management and Budget (OMB) Circular A -133, Audits of States, Local Governments, and Non -Profit Organizations (revised 6/97), located at www. whitehouse .eov /omb /grants/grants circulars.html. E. The Grantee will comply with the IMLS' 45 Code of Federal Regulations, Part 1183, Uniform Administrative Requirements for Grants and Cooperative Agreements to States and Local Governments (adapted from OMB Circular A -102). F. All publicity relating to the grant award must include acknowledgement of the Institute of Museum and Library Services, htt p:// www. imis. gov/ recipients/acknowledgement.shtm and Texas State Library and Archives Commission whenever possible and practical. Publicity includes, but is not limited to press releases, media events, public events, displays in the benefiting library, announcements on the Grantee's website, and materials distributed through the grant project. The Grantee will provide upon request of Grantor one set of all public relations materials produced under this grant with the final quarterly report of program activities. G. Grantee understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Grantee further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Grantee will ensure that this clause concerning the authority to audit funds received indirectly by Sub - grantees through Grantee, and the requirement to cooperate, is included in any sub -grant awarded. H. The Grantee agrees to maintain all financial and programmatic records, supporting documents, statistical records, and other records relating to this grant award for a minimum of five years after Close of Grant. Close of Grant is defined for this grant as the date Grantee submits to Grantor the Final FSR for the contract grant period. L The Grantee agrees to develop or revise, as necessary, any specific written documentation of its current procedures for (1) collecting and reporting performance measures; (2) conducting a fixed asset inventory; and/or, (3) any other issues identified in Grantor's internal audit report of grant activities. Drafts of this procedural documentation will be submitted to Grantor by dates established mutually between Grantor and Grantee. Grantor will provide review and guidance to enable final versions to be approved on or before established deadlines. IX. ENFORCEMENT A. Remedies for noncompliance. If a Grantee or Sub - grantee materially fails to comply with any term of an award, whether stated in a state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, Grantor may take one or more of the following actions, or impose other sanctions, as appropriate in the circumstances: 1. Temporarily withhold cash payments pending correction of the deficiency by the Grantee or Sub - grantee, or more severe enforcement action by Grantor; 2. Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the current award for the Grantee's or Sub - grantee's program; 4. Withhold further awards for the program; or 5. Take other remedies that may be legally available. B. Hearings, appeals. In taking an enforcement action, Grantor will provide the Grantee or Sub - grantee an opportunity for such hearing, appeal, or other administrative proceeding to which the Grantee or Sub - grantee is entitled under any statute or regulation applicable to the action involved. C. Effects of suspension and termination. Costs of Grantee or Sub - grantee resulting from obligations incurred by the Grantee or Sub - grantee during a suspension or after termination of an award are not allowable unless Grantor expressly authorizes them in the notice of suspension or termination, or subsequently. Other Grantee or Sub - grantee costs during suspension or after termination that are necessary, and not reasonably avoidable, are allowable if: 1. The costs resulting from obligations that were properly incurred by the Grantee or Sub - grantee before the effective date of suspension or termination are not in anticipation of it and, in the case of a temdnation, are noncancelable; and, 2. The costs would be allowable if the award were not suspended, or expired normally at the end of the funding period in which the termination takes effect. D. Relationship to Debarment and Suspension. The enforcement remedies identified in this section, including suspension and termination, do not preclude Grantee or Sub - grantee from being subject to "Debarment and Suspension" under Executive Order 12549 (see UGMS Part III, Subpart C, Sec 35) and state law. -115 — FY 2009 System Operations Grant 4 of 7 TSLAC X. CONTACTS AT TSLAC Questions or concerns about programmatic issues, budget and or program revisions and any narrative retorts should be directed to this grant's Program Administrator: Program Administrator, Library Systems Phone: 512- 936 -2236 / Fax: 512 -463 -8800 E -mail: mailto:ciowaisas @tsl.state.tx.us Questions or concerns about regulatory or financial issues should be directed to: Manager, Accounting and Grants Department Phone: 512 -463 -6626 / Fax: 512 -475 -0185 E -mail: mmartin@tsl.state.tx.us Questions or documentation relating to required Requests for Funds, Financial Status Reports and Equipment/Property Acquired _Report should be directed to: Grants Accountant Phone: 512 -463 -5472 / Fax: 512 -475 -0185 E- mail: grants.accounting @tsLstate.tx.us Payments from Grantee to Grantor, such as those for excess advanced funds or for interest earned on advanced funds, should be mailed with a revised FSR, an explanation of the purpose of the payment, and the grant number. This information shall be directed to: Grants Accountant Accounting and Grants Department Texas State Library and Archives Commission PO Box 12516 Austin, TX 78711 -2516 XI. APPLICABLE AND GOVERNING LAW A. The laws of the State of Texas shall govern this grant. All duties of either party shall be legally performable in Texas. The applicable law for any legal disputes arising out of this contract shall be the law of (and all actions hereunder shall be brought in) the State of Texas, and the forum and venue for such disputes shall be Travis County, District Court. B. This grant is subject to availability of funds. M. GRANT CERTIFICATIONS A. Grantor certifies that: (1) the services specified in the approved grant application and this contract are necessary and essential for activities that are properly within the statutory functions and programs of the affected organizations; (2) the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be supplied under contract given to the lowest bidder, and, (3) the grant is in compliance with Texas Govemment Code §441.006, Texas Administrative Code, Title 13, Part 1, Chapter 1, Subchapter D, Rules 1.91 — 1.96, Title 13, Part 1, Chapter 2, Subchapter C, Division 6, Rules 2.610 — 2.612 regarding the Systems Grant Program, and Title 13, Part 1, Chapter 2, Subchapter C, Division 1, Rules 2.110 — 2.119, Texas Government Code §441.135 Grants (Systems Act), P.L. 108 -81, the Library Services and Technology Act (LSTA), and the State Plan for the LSTA in Texas and UGMS. B. The Grantee affirms that it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. The Grantee further affirms that its employees or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contactors, or parties to any sub - agreements. C. The Grantee certifies by this contract that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the maldng of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid for such purpose, the Grantee shall complete and submit OMB form SF -LLL, Disclosure of Lobbying Activities, in accordance with its instructions. The Grantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly, as specified in Title 31 U.S. Code, Sec. 1352. D. Grantee has provided to Grantor the mandatory Internet Safety Certification (Certification) that it is in compliance with requirements of the Children's Internet Protection Act (CIPA) for any federal funds under this grant that will be used to purchase computers used to access the Internet or pay for the direct costs of accessing the Internet. E. Grantee certifies by this contract that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from particpatiin in this program by any Federal department or agency, as required by the regulations implementing Executive Order 12549, Debarment and Suspension, 34 Lit Part 85, Section 85.510, Participant's responsibilities, 2 CFR Part 180 Subchapter C. 180.335. Where the grantee is unable to certify to any of the statements in this certification, the grantee shall attach an explanation to this contract. F. The Grantee certifies that no federal funds from this grant award will be made available for a public Library, or public elementary or secondary school library that does not currently receive E -rate services, to purchase computers used to access the Internet or pay for the direct costs of accessing the Internet, unless the library has certified compliance with the applicable CIPA requirements. Should federal funds awarded as part of this grant be used to purchase computers for a public library, or public elementary or secondary school library that does not currently receive E -rate services, to be used to access the Internet or pay for the direct costs of accessing the Internet, Grantee will ensure Certification forms are received from all libraries receiving benefits of federal funds expended under this contract. G. The Grantee certifies all applicable activities related to this grant will be in compliance with the Copyright Law of the United States (Title 17, U.S. Code). H. In addition to federal requirements, state law requires a number of assurances from applicants for federal pass - through or other state - appropriated funds. (UGMS Partin, Subpart B, Sec. 14 — State Assurances): 1. A subgrantee must comply with Texas Government Code, Chapter 573, Vernon's 1994, by ensuring that no officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. 2. A subgrantee must insure that all information collected, assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, Vernon's 1994, unless otherwise expressly prohibited by law. 3. A subgrantee must comply with Texas Government Code, Chapter 551, Vernon's 1994, that requires all regular, special or called meeting of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 4. A subgrantee must comply with the Texas Family Code, Section 261.101 that requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Subgrantees shall also ensure that all program personnel are properly trained and aware of this requirement 5. Subgrantees will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) that prohibits discrimination on the basis of race, color or national origin; (b) Title DC of the Education Amendments of 1972, as amended (20 U.S.C. § §1681 -1683, and 1685- 1686), that prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), that prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. § §6101- 6107), that prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (t) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) § §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) that may apply to the application. 6. Subgrantees will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § §276a to 276a -7), the Copeland Act (40 U.S.C. § §276c and 18 U.S.C. § §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § §327 -333), regarding labor standards for federally assisted construction subagreements. 7. Subgrantees will comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §7321 -29) that limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 8. Subgrantees will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. 9. Subgrantees will insure that the facilities under its ownership, lease or supervision that shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. (EC) 11738). 10. Subgrantees will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the —117 — FY 2009 System Operations Grant 6 of 7 TSLAC Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq.). 11. Subgrantees will comply with Public Law 103 -277, also known as the Pro-Children Act of 1994 (Act), that prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. 12. Subgrantees will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. 13. Subgrantees will comply with all applicable requirements of all other federal and state laws, executive orders, regulations and policies governing this program. 14. Subgrantees must adopt and implement applicable provisions of the model HIV /AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. SIGNATURES GRANTOR Texas State Library and Archives Commission GRANTEE City of Corpus Christi, South Texas Library System Edward Seidenberg, Assistant State Librarian Signature (must be an official empowered to enter into contracts) Date Typewritten or Printed Name �.>-, B . ,0.t .kY Karen rabek, Chief Fiscal Officer Title Date Deborah Littrell, Library Development Director Date fildtfati Christopher 'sas, Pro.. „ Manager ®S/`5/2008 Date -118- Date a8, TOT Ar, AN ORDINANCE APPROPRIATING $394,978 FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION INTO THE LIBRARY GRANTS FUND NO. 1068 TO CONTINUE OPERATION OF THE SOUTH TEXAS LIBRARY SYSTEM AT THE CORPUS CHRISTI PUBLIC LIBRARY FOR STATE FISCAL YEAR 2008 -2009; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $394,978 from the Texas State Library and Archives Commission is appropriated into the Library Grants Fund No. 1068 to continue operation of the South Texas Library System at the Corpus Christi Public Library for State Fiscal Year 2008- 2009. 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 9th day of September, 2008. ATTEST: Armando Chapa City Secretary APPROVED THE CITY OF CORPUS CHRISTI Henry Garrett Mayor TO FORM: August 29, 2008 lI•1il ►! Y=tteAg il- As istant City Attorney For City Attorney —119— Corpus Christi, Texas day of , 2008 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, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon -120- 12 AGENDA MEMORANDUM Date: September 9, 2008 SUBJECT: South Texas Library System Technical Assistance Negotiated Grant for state fiscal year 2008 -2009 AGENDA ITEMS: a) Resolution authorizing the City Manager, or designee, to accept a grant in the amount of $79,000 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System at Corpus Christi Public Library for the state fiscal year 2008 -2009. b) Ordinance appropriating $79,000 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to continue operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System at the Corpus Christi Public Library for state fiscal year 2008 -2009; and declaring an emergency. ISSUE: The Texas State Library and Archives Commission designates and funds ten regional library systems in Texas each fiscal year. Corpus Christi Public Library has been the Major Resource Center for South Texas Library System since 1971 -72 and continues to be so designated in state fiscal year 2008 -2009. Each regional library system is eligible to apply for a Technical Assistance Negotiated Grant to aid public library staff in using and maintaining information resource technology. South Texas Library System (SUS) provides supplementary services to its fifty -four member libraries in a twenty -six county area of South Texas. The Technical Assistance Negotiated Grant will provide technology support and training to those fifty -four member libraries including Corpus Christi Public Library, which is a fully participating member as well as the administrative headquarters for South Texas Library System. The contract will provide personnel funds for one full time staff member and associated costs for telecommunications, equipment, professional services, travel, and supplies. The City will be reimbursed $5,850 for administering this grant; this indirect cost recovery is calculated at 14 percent of salaries. No funding will be required or requested from the City. The grant period is for September 1, 2008 through August 31, 2009. REQUIRED COUNCIL ACTION: Contracts in excess of $25,000 and appropriation of funds require City Council Approval. RECOMMENDATION: Staff recommends acceptance of grant and appropriation of funds.1_4 ; Herb Canales Director of Libraries -123- A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT A GRANT IN THE AMOUNT OF $79,000 AND TO EXECUTE A CONTRACT AND ALL RELATED DOCUMENTS WITH THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION TO CONTINUE OPERATION OF THE TECHNICAL ASSISTANCE NEGOTIATED GRANT PROGRAM ADMINISTERED BY THE SOUTH TEXAS LIBRARY SYSTEM AT THE CORPUS CHRISTI PUBLIC LIBRARY FOR STATE FISCAL YEAR 2008 -2009. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to accept a grant in the amount of $79,000 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Technical Assistance Negotiated Grant administered by the South Texas Library System at the Corpus Christi Public Library for State Fiscal Year 2008 -2009. ATTEST: Armando Chapa Assistant Secretary CITY OF CORPUS CHRISTI Henry Garrett Mayor, City of Corpus Christi APPROVED AS TO FORM: August 29, 2008. Askiont Y " e Aguilar. Assistant i Attorney For City Attorney —124— Corpus Christi, Texas of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon -125- TEXAS STATE LIBRARY & ARCHIVES COMMISSION TECHNICAL ASSISTANCE NEGOTIATED GRANT Grant Number: 476 -09010 I. CONTRACTING PARTIES Grantor: Texas State Library and Archives Commission (TSLAC) Grantee: City of Corpus Christi, South Texas Library System 805 Comanche St. Corpus Christi, Texas 78401 -2715 II. TERM OF GRANT September 1, 2008, to August 31, 2009 (SFY 2009) HI. STATEMENT OF SERVICES TO BE PERFORMED Grant- funded activities shall provide services as outlined in the approved grant application. Grant funds must be used to meet TSLAC and federal goals. The Grantee must report information relating to best practices and performance outcomes. The Grantee will comply during the period of this contract and provide services as outlined within the approved grant application (Technical Assistance Negotiated Grant [TANG] for State FY09) as approved by the Grantor. The approved grant application submitted by Grantee becomes part of this contract by this reference. -IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS A. The total amount of the grant shall not exceed: $79,000 B. Source of funds: Federal Funds. CFDA # 45.310 Institute of Museum and Library Services, State Library Program (IM S) Federal Fiscal Year 2008 C. The Grantee must request payments from Grantor using the TSLAC Request for Funds Form (RFF) via the electronic TSLAC Grant Management System (GMS), located at hops: / /xms.tsl.state.tx.us/. Requests may be submitted to Grantor no more often than once per month, and no less often than once per quarter. Funds will be paid to the Grantee provided Grantor has received a fully executed contract and Grantee has fulfilled all reporting requirements for current and preceding contracts. D. The Grantee is restricted to one of two methods for requesting funds from Grantor. The Grantee may request reimbursement of actual expenditures for the Grantee's normal billing cycle, or advance payment for estimated expenditures to be incurred for the upcoming 30 days. Only Grantees providing documentation to demonstrate a lack of sufficient working capital, and the ability to minimize the time elapsing between transfer of funds from Grantor and disbursement of grant funds will be allowed to request advance payments. E. Payments of advance funds will be disbursed by the first working day of the advance period provided RFF Form is received by Grantor no later than the 14th of the previous month. Should excessive cash balances be maintained, Grantee may be required to use the reimbursement process. Grantor must receive final request for advance no later than July 15, 2009. Grantor must receive final request for reimbursement no later than October 15, 2009. F. The Grantee may not obligate or encumber grant funds after August 31, 2009. All obligations and encumbrances must be liquidated or paid no later than October 15, 2009. G. All unexpended grant funds must be retumed to Grantor with the Final Financial Status Report (FSR) per requirements in the Federal Grants Management Handbook. See Section VII. B. of this contract for FSR due dates. As part of the Section VII reporting requirements, the Grantee will regularly notify the Grantor of the amount of projected unexpended funds. The Grantor reserves the right to act as necessary to reduce these unexpended balances, including reducing the amount specified in Section N.A. H. Interest earned in excess of $100 must be retumed to Grantor, per requirements in the State of Texas Uniform Grant Management Standards (UGMS). The Grantee will add any program income to the funds committed to the grant, using such program income for the purposes and under the conditions of the grant. The source and amount of the program income must be explained in the remarks section of the TSLAC FSR form accessed through the Grants Management System (GMS) at hops: / /xms.tsl.state.tx.us. Expending any earned program income earned through the utilization of resources funded by this grant requires written prior approval from TSLAC staff. -126- TOT A J. Per the approved grant application, funds are authorized according to the following budget: Personnel $41.783 Fringe Benefits $17,618 Travel $11.000 Eciuipment/Property $- Supplies $500 Contractual $1.200 Other $1,049 Total $73.150 Indirect Costs $5,850 Total $79,000 V. WRITTEN REQUEST FOR FISCAL AND PROGRAMMATIC CHANGES The Grantee must request written prior approval for fiscal and/or programmatic changes as outlined in this Section. Grantee must submit request for program and/or fiscal changes via the electronic TSLAC GMS. Under no condition may a Grantee request to exceed the total grant amount. Grantor must receive all change requests on or before July 31, 2009. Requests received after this date will be considered on a case -by -case basis. Grantee must receive written approval from Grantor before obligating or expending grant funds under any of the following conditions. A. Fiscal changes must have written prior approval under any of the following conditions: 1. Making cumulative transfers among budget cost categories or projects that are expected to exceed ten (10) percent of the total grant; and/or, 2. Transferring any funds into a budget cost category that currently equals zero ($0); and/or, 3. Expending any earned program income earned through the utilization of resources funded by this grant; and/or, 4. Changing the items listed in the approved budget categories if an item's cost or features are substantially different from what the approved grant application specifies, or from a previously approved fiscal or program revision. B. Programmatic changes to the approved grant application must have written prior approval under any of the following conditions: 1. Obtaining the services of a third party to perform activities that are central to the purposes of the grant; and/or, 2. Changing the scope or objectives of the approved program, regardless of whether there is an associated budget revision. A change in scope is a substantive difference in the approach or method used to reach program objectives; and/or, 3. Changing key persons specified in the grant; System Coordinators (or Executive Directors) are considered key personnel for the purpose of this section. VI. EQUIPMENT AND PROPERTY REQUIREMENTS A. All fiscal changes to items listed in the Equipment category specified in Section P1. J of this contract require written prior approval. This is defined as the cost of the equipment and/or property, including any cost necessary to put the item into service, such as the cost of any modifications, attachments, accessories, or auxiliary apparatus necessary to make the item usable for the purpose for which it is acquired. Ancillary charges, such as taxes, duty, protective in- transit insurance, freight, and installation may be included in, or excluded from the expenditure cost in accordance with the Grantee's regular accounting practices and Generally Accepted Accounting Practices (GAAP). B. The Grantee will comply with UGMS Part III, Subpart C, Sec. 32 (d)(3) requiring certain items of equipment to be maintained on inventory if the item's cost is between $500 and $1000. C. The Grantee agrees to submit the TSLAC Equipment/Property Acquired Form electronically via the TSLAC GMS with the Final FSR, but no later than October 31, 2009, for all equipment/property purchased with grant funds during the FY09 grant year. This list must balance with the equipment/property purchased under the approved grant application and all subsequently approved Budget and/or Program Revisions. D. Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with the approved grant application or with the first RFF submitted. Grantee agrees to maintain records on all equipment/property with an acquisition cost above governing entity's capitalization level. E. Subject to the obligations and conditions set forth in the UGMS Part III, Subpart C, Sec. 32, title to equipment acquired under a grant will vest in the Grantee upon acquisition. Grantee must include any equipment/property acquired with grant funds in the required bi- annual property inventory, and follow the UGMS Part III, Subpart C, Sec. 32 (d) that requires the Grantee to reconcile the equipment/property records with a physical inventory of the equipment/property every two years. This bi -annual inventory does not need to be submitted to Grantor, but must be maintained by the Grantee and will be subject to review by Grantor. When property is vested in the Grantee, Grantee will dispose of equipment/property in accordance with the UGMS Part III, Subpart C, Sec. 32 (e). -127 — FY 2009 Technical Assistance Negotiated Grant 2 of 7 TSLAC When the Grantee has been given federally- or state -owned equipment/property, Grantee will follow the UGMS Part III, Subpart C, Sec. 32 M. VII. REPORTING REQUIREMENTS The State Legislature has charged the Grantor with submitting performance measurement reports that specify the level of services provided by its programs and services. In accepting these grant funds, the Grantee acknowledges responsibility for performing certain services on behalf of the Grantor, as outlined in the approved grant application. Therefore, the Grantee is responsible for submitting periodic reports that reflect the Grantee's level of performance on these services to the Grantor. To comply with these requirements, the Grantee agrees to submit reports that are timely, accurate, auditable, and consistent with definitions. A. The Grantee agrees to submit the quarterly Performance Target Report to the Grantor, on a form to be provided by the Grantor, on or before due dates listed in the following schedule: Reporting Period Due Date September 1, 2008 - November 30, 2008 December 7, 2008 December 1, 2008 - February 28, 2009 March 7, 2009 March 1, 2009 - May 31, 2009 June 7, 2009 June 1, 2009- August 31,2009 September 7, 2009 B. The Grantee agrees to submit electronically the TSLAC Financial Status Report Form, located on the TSLAC GMS, for the grant funded under this contract no later than the due dates listed in the following schedule. Grantee should submit a Final FSR once all grant funds have been expended and all program requirements are accomplished. Grantee should mark the last required FSR as "Final" and not submit any subsequent FSR forms. Reporting Period Due Date September 1, 2008 - November 30, 2008 December 31, 2008 December 1, 2008 - February 28, 2009 March 31, 2009 March 1, 2009 - May 31, 2009 June 30, 2009 June I, 2009 - August 31, 2009 September 30, 2009 If necessary a revised Final FSR must be submitted no later than October 31, 2009. Note: Grantee must contact the Grants Accountant listed in Section X of this contract in order to submit a revised FSR. C. Grantee will provide prompt and detailed financial reports if requested, in addition to the scheduled Financial Status Reports. Note: Additional reports will be supplied by the grantee within 5 business days of request by Grantor. D. The Grantee will send the Grantor a copy of all management Letters issued by an auditor with the reporting package. As specified in UGMS Part IV, Subpart B, Sec. 235(c), the audit shall be completed and submitted within the earlier of 30 days after receipt of the auditor's report(s), or nine months after the end of the audit period, unless a longer period is agreed to in advance by the state agency that provided the funding or a different period is specified in a program - specific audit guide. The audit's Schedule of Expenditures of Federal and State Awards must list the amount of TSLAC awards expended for each award year separately. E. The Grantee will submit the required Workshop Reporting Forms to the Grantor for the period September 1, 2008 to August 31, 2009. Workshop Reporting Forms should be submitted following each workshop, with all forms submitted no later than September 30, 2009. F. The Grantee agrees to submit an annual LSTA Project Report Form no later than September 30, 2009 unless grantor grants an extension. G. Grantee agrees to participate in Outcome Based Evaluation (OBE), as determined by Grantor, for the grant period September 1, 2008 to August 31, 2009. Grantee will submit OBE report to Grantor no later than September 30, 2009 unless grantor grants an extension. H. The Grantee agrees to submit the Grant Checklist report form for the grant funded under this contract no later than October 31, 2009. VIII. GENERAL TERMS AND CONDITIONS A. The Grantee will comply with the Technical Assistance Negotiated Grants Program Guidelines for SFY 2009. B. The Grantee will comply with the Rules for Administering the Technical Assistance Negotiated Grant, Texas Administrative Code, Title 13, Part 1, Chapter 2, Subchapter C, Division 2, Rule 2.212 and Title 13, Part 1, Chapter 2, Subchapter C, Division 1, Rules 2.110 - 2.119 regarding General Grant Guidelines. C. The Grantee will comply with the following parts of the Govemor's Office of Budget and Planning, UGMS revised June 2004, located at www.rovernor.state.tx.us/ divisions/ statexrants/ xuidelines/Rles/UGMS062004.doc. Part I. Part II. Cost Principles for State and Local Governments and Other Affected Entities (Adapted from OMB Circular A -87) State Uniform Administrative Requirements for Grants and Cooperative Agreements (Adapted from OMB Circulars A -102 and A -122) -128- n On Part III. State of Texas Single Audit Circular (Adapted from OMB Circular A -133) D. For grants funded with federal funds, Grantee will also comply with the Office of Management and Budget (OMB) Circular A -133, Audits of States, I nest] Governments, and Non -Profit Organizations (revised 6/97), located at www. whitehouse.xov /omb /grams/xrants circulars.html. E. The Grantee will comply with the IMLS' 45 Code of Federal Regulations, Part 1183, Uniform Administrative Requirements for Grants and Cooperative Agreements to States and Local Governments (adapted from OMB Circular A -102). F. All publicity relating to the grant award must include acknowledgement of the Institute of Museum and Library Services, htt p:// www. imis. xov/ recipients /acknowledxement.shtm and Texas State Library and_Archives Commission whenever possible and practical. Publicity includes, but is not limited to press releases, media events, public events, displays in the benefiting library, announcements on the Grantee's website, and materials distributed through the grant project. The Grantee will provide upon request of Grantor one set of all public relations materials produced under this grant with the final quarterly Performance Target Report. G. Grantee understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Grantee further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Grantee will ensure that this clause concerning the authority to audit funds received indirectly by Sub - grantees through Grantee, and the requirement to cooperate, is included in any sub -grant awarded. H. The Grantee agrees to maintain all financial and programmatic records, supporting documents, statistical records, and other records relating to this grant award for a minimum of five years after Close of Grant. Close of Grant is defined for this grant as the date Grantee submits to Grantor the Final FSR for the contract grant period. I. The Grantee agrees to develop or revise, as necessary, any specific written documentation of its current procedures for (1) collecting and reporting performance measures; (2) conducting a fixed asset inventory; and or, (3) any other issues identified in Grantor's internal audit report of grant activities. Drafts of this procedural documentation will be submitted to Grantor by dates established mutually between Grantor and Grantee. Grantor will provide review and guidance to enable final versions to be approved on or before established deadlines. IX. ENFORCEMENT A. Remedies for noncompliance. If a Grantee or Sub - grantee materially fails to comply with any term of an award, whether stated in a state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, Grantor may take one or more of the following actions, or impose other sanctions, as appropriate in the circumstances: 1. Temporarily withhold cash payments pending correction of the deficiency by the Grantee or Sub - grantee, or more severe enforcement action by Grantor; 2. Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the current award for the Grantee's or Sub - grantee's program; 4. Withhold further awards for the program; or 5. Take other remedies that may be legally available. B. Hearings, appeals. In taking an enforcement action, Grantor will provide the Grantee or Sub- grantee an opportunity for such hearing, appeal, or other administrative proceeding to which the Grantee or Sub - grantee is entitled under any statute or regulation applicable to the action involved. C. Effects of suspension and termination. Costs of Grantee or Sub - grantee resulting from obligations incurred by the Grantee or Sub - grantee during a suspension or after termination of an award are not allowable unless Grantor expressly authorizes them in the notice of suspension or termination, or subsequently. Other Grantee or Sub - grantee costs during suspension or after termination that are necessary, and not reasonably avoidable, are allowable if: 1. The costs resulting from obligations that were properly incurred by the Grantee or Sub - grantee before the effective date of suspension or termination are not in anticipation of it and, in the case of a termination, are noncancelable; and, 2. The costs would be allowable if the award were not suspended, or expired normally at the end of the funding period in which the termination takes effect. D. Relationship to Debarment and Suspension. The enforcement remedies identified in this section, including suspension and termination, do not preclude Grantee or Sub - grantee from being subject to "Debarment and Suspension" under Executive Order 12549 (see UGMS Part III, Subpart C, Sec 35) and state law. .....,...e KI ,,,..:,.en r..,". -129- 4 of 7 TSLAC X. CONTACTS AT TSLAC Questions or concerns about programmatic issues. budget and or program revisions and any narrative reports should be directed to this grant's Program Administrator: Program Administrator, Technical Assistance Negotiated Grants (TANG) Phone: 512- 936 -2236 / Fax: 512- 463 -8800 E -mail: mailto :ciowaisas @tsl.state.tx.us Questions or concerns about regulatory or financial issues should be directed to: Manager, Accounting and Grants Department Phone: 512 -463 -6626 / Fax: 512 -475 -0185 E -mail: mmartin @tsl.state.tx.us Questions or documentation relating to required Requests for Funds. Financial Status Reports, and Equipment/Property Acquired Report should be directed to: Grants Accountant Phone: 512 -463 -5472 /Fax: 512 -475 -0185 E -mail: prants.accounting @tsl.state.tx.us Payments from Grantee to Grantor, such as those for excess advanced funds or for interest earned on advanced funds, should be mailed with a revised FSR, an explanation of the purpose of the payment, and the grant number. This information shall be directed to: Grants Accountant Accounting and Grants Department Texas State Library and Archives Commission PO Box 12516 Austin, TX 78711 -2516 XL APPLICABLE AND GOVERNING LAW A. The laws of the State of Texas shall govem this grant. All duties of either party shall be legally performable in Texas. The applicable law for any legal disputes arising out of this contract shall be the law of (and all actions hereunder shall be brought in) the State of Texas, and the forum and venue for such disputes shall be Travis County, District Court. B. This grant is subject to availability of funds. XII. GRANT CERTIFICATIONS A. Grantor certifies that (1) the services specified in the approved grant application and this contract are necessary and essential for activities that are properly within the statutory functions and programs of the affected organizations; (2) the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be supplied under contact given to the lowest bidder; and, (3) the grant is in compliance with Texas Government Code §441.006, Texas Administrative Code, Title 13, Part 1, Chapter 2, Subchapter C, Division 2, Rule 2.212, Title 13, Part 1, Chapter 2, Subchapter C, Division I, Rules 2.110 — 2.119 regarding General Grant Guidelines, and the Library Services and Technology Act (LSTA), and the State Plan for the LSTA in Texas and UGMS. 13. The Grantee affirms that it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. The Grantee further affirms that its employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to any sub - agreements. C. The Grantee certifies by this contract that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid for such purpose, the Grantee shall complete and submit OMB form SF -LLL, Disclosure of Lobbying Activities, in accordance with its instructions. The Grantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly, as specified in Title 31 U.S. Code, Sec. 1352. D. Grantee has provided to Grantor the mandatory Internet Safety Certification (Certification) that it is in compliance with requirements of the Children's Internet Protection Act (CIPA) for any federal funds under this grant that will be used to purchase computers used to access the Internet or pay for the direct costs of accessing the Internet. E. Grantee certifies by this contract that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this program by any Federal department or agency, as required -130- F. by the regulations implementing Executive Order 12549, Debarment and Suspension, 34 CFR Part 85, Section 85.510, Participant's responsibilities, 2 CFR Part 180 Subchapter C. 180.335. Where the grantee is unable to certify to any of the statements in this certification, the grantee shall attach an explanation to this contract. The Grantee certifies that no federal funds from this grant award will be made available for a public library, or public elementary or secondary school library that does not currently receive E -rate services, to purchase computers used to access the Internet or pay for the direct costs of accessing the Internet, unless the library has certified compliance with the applicable CIPA requirements. Should federal funds awarded as part of this grant be used to purchase computers for a public library, or public elementary or secondary school library that does not currently receive E -rate services, to be used to access the Internet or pay for the direct costs of accessing the Internet, Grantee will ensure Certification forms are received from all libraries receiving benefits of federal funds expended under this contract. G. The Grantee certifies all applicable activities related to this grant will be in compliance with the Copyright Law of the United States (Title 17, U.S. Code). H. In addition to federal requirements, state law requires a number of assurances from applicants for federal pass - through or other state - appropriated funds. (UGMS Part III, Subpart B, Sec. 14 — State Assurances): I. A subgrantee must comply with Texas Government Code, Chapter 573, Vemon's 1994, by ensuring that no officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. 2. A subgrantee must insure that all information collected, assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, Vemon's 1994, unless otherwise expressly prohibited by law. 3. A subgrantee must comply with Texas Government Code, Chapter 551, Vemon's 1994, that requires all regular, special or called meeting of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 4. A subgrantee must comply with the Texas Family Code, Section 261.101 that requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Subgrantees shall also ensure that all program personnel are properly trained and aware of this requirement. 5. Subgrantees will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) that prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § §1681 -1683, and 1685- 1686), that prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), that prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. § §6101 - 6107), that prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL. 91 -616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) § §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (1) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) that may apply to the application. 6. Subgrantees will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § §276a to 276a -7), the Copeland Act (40 U.S.C. § §276c and 18 U.S.C. § §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § §327 -333), regarding labor standards for federally assisted construction subagreements. 7. Subgrantees will comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §7321 -29) that limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 8. Subgrantees will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. 9. Subgrantees will insure that the facilities under its ownership, lease or supervision that shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. (EO 11738). 10. Subgrantees will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation •v 00110 Te..h..:.eI Aedetnnro Tinuntintrd f:rant -131- 6 of 7 TSLAC Act of 1966, as amended (16 U.S.C. 470), BO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq.). 11. Subgrantees will comply with Public Law 103 - 277, also known as the Pro - Children Act of 1994 (Act), that prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. 12. Subgrantees will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. 13. Subgrantees will comply with all applicable requirements of all other federal and state laws, executive orders, regulations and policies governing this program. 14. Subgrantees must adopt and implement applicable provisions of the model HIV /AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. SIGNATURES GRANTOR Texas State Library and Archives Commission GRANTEE City of Corpus Christi, South Texas Library System Edward Seidenberg, Assistant State Librarian Signature (must be an official empowered to enter into contracts) Date hJ htaikE Karen B. Drab k, Chief Fiscal Officer Title Typewritten or Printed Name Date Deborah Littrell, Library Devel pment Director A7 r(D Christopher Jow.as, Progr ager Date ` -132- Date as to flout la./ For City Attorney • agj AN ORDINANCE APPROPRIATING $79,000 FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION INTO THE LIBRARY GRANTS FUND NO. 1068 TO CONTINUE OPERATION OF THE TECHNICAL ASSISTANCE NEGOTIATED GRANT PROGRAM ADMINISTERED BY THE SOUTH TEXAS LIBRARY SYSTEM AT THE CORPUS CHRISTI PUBLIC LIBRARY FOR STATE FISCAL YEAR 2008 -2009; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $79,000 from the Texas State Library and Archives Commission is appropriated into the Library Grants Fund No. 1068 to continue operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System at the Corpus Christi Public Library for State Fiscal Year 2008 -2009. 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 9th day of September, 2008. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Henry Garrett Mayor APPROVE ' TO FORM: August 29, 2008 l , Yi- eA?uil. A istant ity Attorney For City Attorney —133— Corpus Christi, Texas day of ,2008 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, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon -134- 13 AGENDA MEMORANDUM DATE: Setpember 9, 2008 SUBJECT: Corpus Christi Public Library Interlibrary Loan for state fiscal year 2008 -2009 AGENDA ITEMS: a) Resolution authorizing the City Manager, or designee, to accept a grant in the amount of $ 148,694 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Interlibrary Loan Referral Center at the Corpus Christi Public Library for state fiscal year 2008 -2009. b) Ordinance appropriating $ 148,694 from the Texas State Library and Archives Commission into the no. 1068 Library Grants Fund to continue operation of the Interlibrary Loan Referral Center at the Corpus Christi Public Library; and declaring an emergency. ISSUE: The Texas State Library and Archives Commission designates and funds regional Interlibrary Loan Centers in Texas each fiscal year. Corpus Christi Public Library has been a regional referral center since 1967 -68 and continues to be so designated in the state fiscal year 2008 -2009. The purpose of Interlibrary Loan is to facilitate the lending and borrowing of books and other materials among libraries throughout the United States. Participating libraries in the 26 counties of South Texas are assigned to route their requests through this regional center. The contract will provide personnel funds for three full -time staff members, costs for use of the computerized lending network, supplies, equipment maintenance, printing, postage, telephone, and travel. In addition, the city will receive $10,967 in indirect costs, which is calculated at 14 percent of direct salaries. No funding will be required or requested from the City. The grant period is for September 1, 2008 through August 31, 2009. REQUIRED COUNCIL ACTION: Contracts in excess of $25,000 and appropriation of funds require City Council Approval. RECOMMENDATION: Staff recommends acceptance of grant and appropriation of funds. Herb Canales Director of Libraries —1 3 7— A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT A GRANT IN THE AMOUNT OF $148,694 AND TO EXECUTE A CONTRACT AND ALL RELATED DOCUMENTS WITH THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION TO CONTINUE OPERATION OF THE INTERLIBRARY LOAN REFERRAL CENTER AT THE CORPUS CHRISTI PUBLIC LIBRARY FOR STATE FISCAL YEAR 2008 -2009. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to accept a grant in the amount of $148,694 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Interlibrary Loan Referral Center at the Corpus Christi Public Library for State Fiscal Year 2008 -2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett Mayor, City of Corpus Christi Assistant Secretary APPROVED AS TO FORM: August 29, 2008. Ask Vitt L. t1;4. Yv =� - Aguilar Ass tant A '•rney For City Attorney —138— Corpus Christi, Texas of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon -139- TEXAS STATE LIBRARY & ARCHIVES COMMISSION INTERLIBRARY LOAN CENTER GRANT PROGRAM Grant Number: 771 -09018 I. CONTRACTING PARTIES Grantor: Texas State Library and Archives Commission (TSLAC) Grantee: City of Corpus Christi, Corpus Christi Public Library 805 Comanche Corpus Christi, Texas 78401 II. TERM OF GRANT September 1, 2008, to August 31, 2009 (SFY 2009) III. STATEMENT OF SERVICES TO BE PERFORMED Grant- funded activities shall provide services outlined in the approved Interlibrary Loan Center (ILL) grant application. Grant Funds must be used to meet TSLAC and federal goals. The Grantee must report information relating to best practices and performance outcomes. The Grantee will comply during the period of this contract and provide services as outlined within the approved grant application (ILL Center Grant for State FY09) as approved by the Grantor. The approved grant application submitted by Grantee becomes part of this contract by this reference. A. Grantor will reimburse Grantee for expenses incurred in processing and filling ILL requests for library materials and information from public, academic, and special libraries and for processing ILL requests originating with the Grantee. Grantor will also reimburse Grantee for providing OCLC system use support to Texas Group selective user libraries in the Grantee's service area. 13. Grantee will provide free ILL service according to the operating procedures set by Grantor. C. Grantee will employ the following full -time equivalent (h lb) positions, whose work assignments are exclusively to provide ILL services: 1 FTE Library Assisant II 1 FTE Senior Library Aide 1 FTE Senior Library Aide 11 Grantee will provide telephone line(s) directly into the ILL office, telephone extension to local library telephones, and permit the computer(s) to be connected without charge to access OCLC or other appropriate technology. E. Grantee agrees to provide rapid and convenient access to its catalog of holdings and its circulation system for use without charge by the project staff. F. The budget allocations are based on the following performance objectives: 1. Fill 9,600 ILL requests from the Grantee's resources. 2. Process 29,200 ILL transactions. 3. Maintain an average response time of 24 hours for ILL requests. 4. Maintain a maximum turnaround time of 8 days for requests from the region filled by the Grantee. 5. Maintain a maximum turnaround time of 18 days for requests referred to and filled by other Libraries. 6. Maintain contractual obligations with Clio for which funds have been provided for within grant budget. 7. Maintain contractual obligations with TExpress for which funds have been provided for within the grant budget. G. Grantee will comply during the period of this contract with its approved ILL grant application. H. Grantee agrees, upon written request of Grantor, to participate fully in any special study, survey, or other research and testing that is designed to evaluate or improve ILL policies, procedures, or management. IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS A. The total amount of the grant shall not exceed: $148,694 B. Source of funds: Federal Funds CFDA # 45.310 Institute of Museum and Library Services, State Library Program (IMLS) Federal Fiscal Year 2008 C. The Grantee must request payments from Grantor using the TSLAC Request for Funds Form (RFF) via the electronic TSLAC Grant Management System (GMS), located at https://gms.tsl.state.tx.us/. Requests may be submitted to Grantor no more often than once per month, and no less often than once per quarter. Funds will be paid to the Grantee provided Grantor has received a fully executed contract and Grantee has fulfilled all reporting requirements for current and preceding contracts. -140- D. The Grantee is restricted to one of two methods for requesting funds from Grantor. The Grantee may request reimbursement of actual expenditures for the Grantee's normal billing cycle, or advance payment for estimated expenditures to be incurred for the upcoming 30 days. Only Grantees that provide documentation to demonstrate a lack of sufficient working capital and the ability to minimize the time elapsing between transfer of funds from Grantor and disbursement of grant funds will be allowed to request advance payments. E. Payments of advance funds will be disbursed by the first working day of the advance period provided the RFF Form is received by Grantor no later than the 14th of the previous month. Should excessive cash balances be maintained, Grantee may be required to use the reimbursement process. Grantor must receive final request for advance no later than July 15, 2009. Grantor must receive final request for reimbursement no later than October 15, 2009. F. The Grantee may not obligate or encumber grant funds after August 31, 2009. All obligations and encumbrances must be liquidated or paid no later than October 15, 2009. G. Interest earned in excess of $100 must be returned to Grantor, per requirements in the State of Texas Uniform Grant Management Standards (UGMS). All unexpended grant funds must be returned to Grantor with the Final Financial Status Report (FSR) per requirements in the Federal Grants Management Handbook. See Section VII. D. of this contract for FSR due dates. As part of the Section VII reporting requirements, the Grantee will regularly notify the Grantor of the amount of projected unexpended funds. The Grantor reserves the right to act as necessary to reduce these unexpended balances, including reducing the amount specified in Section N.A. H. The Grantee will add any program income to the funds committed to the grant, using such program income for the purposes and under the conditions of the grant. The source and amount of the program income must be explained in Section 9 of the TSLAC FSR form. Per the approved grant application, funds are authorized according to the following budget: Personnel $78,338 Fringe Benefit $32 441 Travel $400 Equipment/Property $0 Supplies $4,500 Contractual $6,628 Other $15,420 Total $137 727 Indirect Costs $10,967 Total $148,694 V. WRITTEN PRIOR APPROVALS FOR FISCAL AND PROGRAMMATIC CHANGES The Grantee must submit fiscal and/or programmatic changes for mid -year adjustment as requested by the ILL Program Administrator, via the electronic TSLAC GMS. Grantor must receive all budget amendment requests on or before May 30, 2009. Requests received after this date will be considered on a case -by -case basis. Grantee must receive an executed Contract Amendment from Grantor before obligating or expending grant funds under any of the following conditions. A. Fiscal changes to the approved grant application must have an executed Contract Amendment under any of the following conditions: 1. Making cumulative transfers among budget cost categories or projects that are expected to exceed ten (10) percent of the total grant; and/or, - 2. Transferring any funds into a budget cost category that currently equals zero ($0); and /or, 3. Changing the items listed in the approved budget categories if an item's cost or features are substantially different from what the approved grant application specifies, or from an executed Contract Amendment. B. Programmatic changes to the approved grant application must have an executed Contract Amendment under any of the following conditions: 1. Obtaining the services of a third party to perform activities that are central to the purposes of the grant; and/or, 2. Changing the scope or objectives of the approved program, regardless of whether there is an associated budget revision. A change in scope is a substantive difference in the approach or method used to reach program objectives; and/or, 3. Changing key persons specified in the grant; ILL Managers are considered key personnel for the purpose of this section. -141- FY 2009 ILL Grant 2 VI. EQUIPMENT AND PROPERTY REQUIREMENTS A. Fiscal changes to items listed in the Equipment/Property budget category specified in Section IV. I. of this contract requires an executed Contract Amendment. This category includes equipment, furniture, library materials, etc., purchased wholly or in part with grant funds. The approved budget amount listed in Section IV.I. plus any subsequently approved Contract Amendment, will be the total approved equipment expenditure amount. This is defined as the cost of the equipment and/or property, including any cost necessary to put the item into service, such as the cost of any modifications, attachments, accessories, or auxiliary apparatus necessary to make the item usable for the purpose for which it is acquired. Ancillary charges, such as taxes, duty, protective in- transit insurance, freight, and installation may be included in, or excluded from the expenditure cost in accordance with the Grantee's regular accounting practices and Generally Accepted Accounting Practices (GAAP). B. The Grantee will comply with UGMS Part III, Subpart C, Sec. 32 (d)(3) requiring certain items of equipment to be maintained on inventory if the item's cost is between $500 and $1000. C. The Grantee agrees to submit the TSLAC Equipment/Property Acquired Form electronically via the TSLAC GMS with the Final FSR, but no later than October 31, 2009, for all equipment/property purchased with grant funds during the FY09 grant year. This list must balance with the equipment/property purchased under the approved grant application and/or an executed Contract Amendment. D. Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with the approved grant application or with the first RFF submitted. Grantee agrees to maintain records on all equipment/property with an acquisition cost above governing entity's capitalization level. E. Subject to the obligations and conditions set forth in the UGMS Part III, Subpart C, Sec. 32, title to equipment acquired under a grant will vest in the Grantee upon acquisition. Grantee must include any equipment/property acquired with grant funds in the required bi- annual property inventory, and follow the UGMS Part III, Subpart C, Sec. 32 (d) that requires the Grantee to reconcile the equipment/property records with a physical inventory of the equipment/property every two years. This bi -annual inventory does not need to be submitted to Grantor, but must be maintained by the Grantee and will be subject to review by Grantor. When property is vested in the Grantee, Grantee will dispose of equipment/property in accordance with the UGMS Part III, Subpart C, Sec. 32 (e). When the Grantee has been given federally- or state -owned equipment/property, Grantee will follow the UGMS Part III, Subpart C, Sec. 32 (f). VII. REPORTING REQUIREMENTS The State Legislature has charged the Grantor with submitting performance measurement reports that specify the level of services provided by its programs and services. In accepting these grant funds, the Grantee acknowledges responsibility for performing certain services on behalf of the Grantor, as outlined in the approved Grant Application. Therefore, the Grantee is responsible for submitting periodic reports that reflect the Grantee's level of performance on these services to the Grantor. To comply with these requirements, the Grantee agrees to submit reports that are timely, accurate, auditable, and consistent with definitions. A. The Grantee agrees to submit ILL statistics to Grantor monthly. Grantee will maintain a record of each ILL request submitted to other libraries. B. The Grantee agrees to submit tumaround time data records to Grantor within two weeks of the completion of the data records. C. The Grantee agrees to submit the Grant Checklist report form for the grant funded under this contract no later than October 31, 2009. D. TSLAC has provided the OCLC ILL tool, ILLiad, to particular Grantees for the purpose of facilitating the ILL process. Grantees who have been provided this tool will provide quarterly narrative progress reports detailing steps taken to fully implement the use of OCLC's ILLiad ILL management software tool. The progress reports will be evaluated by Grantor to certify that Grantee has made reasonable efforts to collaborate in a timely fashion with Grantor to ensure efficient and effective implementation of the tool. Grantor is hosting the ILLiad server to benefit program participants, and timely implementation is required to achieve full benefits of the software application. The quarterly ILLiad reports are due on the same dates as the FSR schedule, as listed in Paragraph D of this Section. E. The Grantee agrees to submit electronically the TSLAC Financial Status Report Form, located on the TSLAC GMS, for the grant funded under this contract no later than the due dates listed in the following schedule. Grantee should submit a Final FSR once all grant funds have been expended and all program requirements are accomplished. Grantee should mark the last required FSR as "Final" and not submit any subsequent FSR forms. Reporting Period Due Date September 1, 2008 - November 30, 2008 December 31, 2008 December 1, 2008 - February 28, 2009 March 31, 2009 March I, 2009 - May 31, 2009 June 30, 2009 June 1, 2009 - August 31, 2009 September 30, 2009 If necessary, a revised Final FSR must be submitted no later than October 31, 2009. Note: Grantee must contact the Grants Accountant listed in Section X of this contract in order to submit a revised FSR. -142- F. The Grantee will send the Grantor a copy of all management letters issued by an auditor with the reporting package. As specified in UGMS Part IV, Subpart B, Sec. 235(c), the audit shall be completed and submitted within the earlier of 30 days after receipt of the auditor's report(s), or nine months after the end of the audit period, unless a longer period is agreed to in advance by the state agency that provided the funding or a different period is specified in a program - specific audit guide. The audit's Schedule of Expenditures of Federal and State Awards must list the amount of TSLAC awards expended for each award year separately. G. The Grantee agrees to submit the Grant Checklist report form for the grant funded under this contract no later than October 31, 2009. VIII. GENERAL TERMS AND CONDITIONS A. The Grantee will comply with the TexNet Center Policies Manual. B. The Grantee will comply with the Texas Administrative Code, Title 13, Part 1, Chapter 2, Subchapter C, Division 2, Rule 2.211 regarding the ILL Grant Program and Title 13, Part 1, Chapter 2, Subchapter C, Division 1, Rules 2.110 — 2.119 regarding General Grant Guidelines. C. The Grantee will comply with the following parts of the Governor's Office of Budget and Planning, UGMS revised June 2004, located at: htto: / /www.Rovernor.state.tx.us/ divisions /stateerants /guidelines /files /UGMS062004.doc. Part I. Cost Principles for State and Local Governments and Other Affected Entities (Adapted from OMB Circular A -87) Part II. State Uniform Administrative Requirements for Grants and Cooperative Agreements (Adapted from OMB Circulars A- 102 and A -122) Part III. State of Texas Single Audit Circular (Adapted from OMB Circular A -133) D. For grants funded with federal funds, the Grantee will also comply with the Office of Management and Budget (OMB) Circular A- 133, Audits of States, Local Governments, and Non - Profit Organizations (revised 6/97), located at: http: / /www.whitehouse.Aov /omb /grants /grants circulars.html. E. The Grantee will comply with the IMLS' 45 Code of Federal Regulations, Part 1183, Uniform Administrative Requirements for Grants and Cooperative Agreements to States and Local Governments (adapted from OMB Circular A -102). F. All publicity relating to the grant award must include acknowledgement of the Institute of Museum, hitt, : / /www.imis.zovi recipients /acknowledgement.shtm, and Library Services and Texas State Library and Archives Commission whenever possible and practical. Publicity includes, but is not limited to press releases, media events, public events, displays in the benefiting library, announcements on the Grantee's website, and materials distributed through the grant project. The Grantee will provide Grantor with one set of all public relations materials produced under this grant with the final ILL statistics. G. Grantee understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Grantee further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Grantee will ensure that this clause conceming the authority to audit funds received indirectly by Sub - grantees through Grantee, and the requirement to cooperate, is included in any sub -grant awarded. H. The Grantee agrees to maintain all financial and programmatic records, supporting documents, statistical records, and other records relating to this grant award for a minimum of five years after Close of Grant. Close of Grant is defined for this grant as the date Grantee submits to Grantor the Final FSR for the contract grant period. I. The Grantee agrees to develop or revise, as necessary, any specific written documentation of its current procedures for (I) collecting and reporting performance measures; (2) conducting a fixed asset inventory; and/or, (3) any other issues identified in Grantor's internal audit report of grant activities. Drafts of this procedural documentation will be submitted to Grantor by dates established mutually between Grantor and Grantee. Grantor will provide review and guidance to enable final versions to be approved on or before established deadlines. IX. ENFORCEMENT A. Remedies for noncompliance. If a Grantee or Sub - grantee materially fails to comply with any term of an award, whether stated in a state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, Grantor may take one or more of the following actions, or impose other sanctions, as appropriate in the circumstances: 1. Temporarily withhold cash payments pending correction of the deficiency by the Grantee or Sub - grantee, or more severe enforcement action by Grantor; 2. Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the current award for the Grantee's or Sub - grantee's program; 4. Withhold further awards for the program; or 5. Take other remedies that may be legally available. -143- FY 2009 ILL Grant 4 B. Hearings, appeals. In taking an enforcement action, Grantor will provide the Grantee or Sub - grantee an opportunity for such hearing, appeal, or other administrative proceeding to which the Grantee or Sub - grantee is entitled under any statute or regulation applicable to the action involved. C. Effects of suspension and termination. Costs of Grantee or Sub - grantee resulting from obligations incurred by the Grantee or Sub - grantee during a suspension or after termination of an award are not allowable unless Grantor expressly authorizes them in the notice of' suspension or termination, or subsequently. Other Grantee or Sub - grantee costs during suspension or after termination that are necessary, and not reasonably avoidable, are allowable if: 1. The costs resulting from obligations that were properly incurred by the Grantee or Sub - grantee before the effective date of suspension or termination are not in anticipation of it and, in the case of a termination, are noncancelable; and, 2. The costs would be allowable if the award were not suspended, or expired normally at the end of the funding period in that the termination takes effect. D. Relationship to Debarment and Suspension. The enforcement remedies identified in this section, including suspension and termination, do not preclude Grantee or Sub -grantee from being subject to "Debarment and Suspension" under Executive Order 12549 (see UGMS Part III, Subpart C, Sec 35) and state law. X. CONTACTS AT TSLAC Questions or concerns about programmatic issues, budget and or program revisions and narrative reports should be directed to this grant's Program Administrator: TexNet Coordinator Phone: 512-463-5406 Fax: 512- 936 -2306 E -mail: sbennett@tsl.state.tx.us Questions or concems about regulatory or financial issues should be directed to: Manager, Accounting and Grants Department Phone: 512 -463 -6626 Fax: 512 -475 -0185 E -mail: mmartin(a),tsl.state.tx.us Questions relating to required Requests for Funds, Financial Status Reports, and Equipment/Property Acquired Report should be directed to: Grants Accountant Phone: 512 -463 -5472 Fax: 512-475-0185 E- mail: grants.accounting(itsl.state.tx.us Payments from Grantee to Grantor, such as those for excess advanced funds or for interest earned on advanced funds, should be mailed with a revised FSR, an explanation of the purpose of the payment, and the grant number. This information shall be directed to: Grants Accountant Accounting and Grants Department Texas State Library and Archives Commission PO Box 12516 Austin, TX 78711 -2516 XIV.APPLICABLE AND GOVERNING LAW A. The laws of the State of Texas shall govern this grant. All duties of either party shall be legally performable in Texas. The applicable law for any legal disputes arising out of this contract shall be the law of (and all actions hereunder shall be brought in) the State of Texas, and the forum and venue for such disputes shall be Travis County, District Court. B. This grant is subject to availability of funds. XII. GRANT CERTIFICATIONS A. Grantor certifies that: (1) the services specified in the approved grant application and this contract are necessary and essential for activities that are properly within the statutory functions and programs of the affected organizations; (2) the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be supplied under contract given to the lowest bidder; and, (3) the grant is in compliance with Texas Government Code § 441.006, Title 13, Part 1, Chapter 2, Subchapter C, Division 2, Rule 2.211 regarding the ILL Grant Program and Title 13, Part 1, Chapter 2, Subchapter C, Division 1, Rules 2.110 — 2.119 regarding General Grant Guidelines, Texas Government Code § 441.135 Grants (Systems Act), P.L. 104- 208, the Library Services and Technology Act (LSTA), the State Plan for the LSTA in Texas and UGMS. B. The Grantee affirms that it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. -144- The Grantee further affirms that its employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to any sub - agreements. C. The Grantee certifies by this contract that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid for such purpose, the Grantee shall complete and submit OMB form SF -LLL, Disclosure of Lobbying Activities, in accordance with its instructions. The Grantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly, as specified in Title 31 U.S. Code, Sec. 1352. D. Grantee has provided to Grantor the mandatory Internet Safety Certification (Certification) that it is in compliance with requirements of the Children's Internet Protection Act (CIPA) for any federal funds under this grant that will be used to purchase computers used to access the Internet or pay for the direct costs of accessing the Internet. Grantee agrees to collect, as required and appropriate, Certification forms from all libraries receiving benefits of federal funds expended under this contract. Grantee certifies by this contract that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this program by any Federal department or agency, as required by the regulations implementing Executive Order 12549, Debarment and Suspension, 34 CFR Part 85, Section 85.510, Participant's responsibilities, 2 CFR Part 180 Subchapter C. 180.335. Where the grantee is unable to certify to any of the statements in this certification, the grantee shall attach an explanation to this contract. F. The Grantee certifies that no federal funds from this grant award will be made available for a public library, or public elementary or secondary school library that does not currently receive E -rate services, to purchase computers used to access the Internet or pay for the direct costs of accessing the Internet, unless the library has certified compliance with the applicable CIPA requirements. Should federal funds awarded as part of this grant be used to purchase computers for a public library, or public elementary or secondary school library that does not currently receive E -rate services, to be used to access the Internet or pay for the direct costs of accessing the Internet, Grantee will ensure Certification forms are received from all libraries receiving benefits of federal funds expended under this contract. G. The Grantee certifies all applicable activities related to this grant will be in compliance with the Copyright Law of the United States (Title 17, U.S. Code). H. In addition to federal requirements, state law requires a number of assurances from applicants for federal pass- through or ther state - appropriated funds. (UGMS Part III, Subpart B, Sec. 14 — State Assurances) 1. A subgrantee must comply with Texas Government Code, Chapter 573, Vemon's 1994, by ensuring that no officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. 2. A subgrantee must insure that all information collected. assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, Vernon's 1994, unless otherwise expressly prohibited by law. 3. A subgrantee must comply with Texas Government Code, Chapter 551, Vemon's 1994, that requires all regular, special or called meeting of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 4. A subgrantee must comply with the Texas Family Code, Section 261.101 that requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Subgrantees shall also ensure that all program personnel are properly trained and aware of this requirement. 5. Subgrantees will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) that prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685- 1686), that prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), that prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. § §6101 - 6107), that prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (t) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to the nondiscrimination E. -145- FY 2009 ILL Grant 6 on the basis of alcohol abuse or alcoholism; (g) § §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) that may apply to the application. 6. Subgrantees will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § §276a to 276a -7), the Copeland Act (40 U.S.C. § §276c and 18 U.S.C. § §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § §327 -333), regarding labor standards for federally assisted construction subagreements. 7. Subgrantees will comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §7321 -29) that limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 8. Subgrantees will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. 9. Subgrantees will insure that the facilities under its ownership, lease or supervision that shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. (EO 11738). 10. Subgrantees will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -I et seq.). 11. Subgrantees will comply with Public Law 103 -277, also known as the Pro- Children Act of 1994 (Act), that prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. 12. Subgrantees will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. 13. Subgrantees will comply with all applicable requirements of all other federal and state laws, executive orders, regulations and policies governing this program. 14. The applicant must certify that they are not debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs. 15. Subgrantees must adopt and implement applicable provisions of the model HIV /AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. SIGNATURES GRANTOR Texas State Library and Archives Commission GRANTEE City of Corpus Christi, Corpus Christi Public Library Edward Seidenberg, Assistant State Librarian Signature (must bean official empowered to enter into contracts) Date / Typewritten or Printed Name 1. £AaJk `/ Karen B. Dr bek, Chief Fiscal Officer Title Date Date Beverley Shirley, Library Resources Director 0 .fry Date 2 Susan Benn t, Program IYlanager n Date —146— T`\) fl/Inn TT T r--. • 9 C_ Attorney • athAnategoimea AN ORDINANCE APPROPRIATING $148,694 FROM THE TEXAS STATE LIBRARY AND ARCHVIES COMMISSION INTO THE LIBRARY GRANTS FUND NO. 1068 TO CONTINUE OPERATION OF THE INTERLIBRARY LOAN REFERRAL CENTER AT THE CORPUS CHRISTI PUBLIC LIBRARY FOR STATE FISCAL YEAR 2008 -2009; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $148,694 from the Texas State Library and Archives Commission is appropriated into the Library Grants Fund No. 1068 to continue operation of the Interlibrary Loan Referral Center at the Corpus Christi Public Library for State Fiscal Year 2008 -2009. 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 9th day of September, 2008. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Henry Garrett Mayor APPROVED A,TO FORM: August 29, 2008 Yve ' gu Assi , nt City Attorney For City Attorney —147— Corpus Christi, Texas day of ,2008 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, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon -148- 14 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: September 9, 2008 A. Resolution authorizing the City Manager, or designee, to accept a grant from the State of Texas, Office of Governor, Criminal Justice Division in the amount of $10,874.14 for the Juvenile Accountability Incentive Block Grant Program for an Anti - Shoplifting Education Program for the Municipal Juvenile Court to reduce juvenile delinquency, improve the juvenile justice system, and increase accountability of juvenile offenders, with a city match of $1,208.24 in the No. 1020 General Fund, and a total project cost of $12,082.38. B. Ordinance appropriating $10,874.14 from State of Texas, Office of the Governor, Criminal Justice Division, in the No. 1061 Police Grant fund for eligible funding under the Juvenile Accountability Incentive Block Grant Program for an Anti - Shoplifting Education Program for Municipal Juvenile Court to reduce juvenile delinquency, improve the juvenile justice system, and increase accountability of juvenile offenders; transferring $1,208.24 from the No. 1020 General Fund and appropriating it in the No. 1061 Police Grant fund as grant matching funds; appropriating $7,500 of estimated program income in No. 1061 Police Grant fund; and declaring an emergency. ISSUE: This grant will continue the Anti - Shoplifting Education Program which provides home study program for theft cases for rehabilitation /prevention efforts. REQUIRED COUNCIL ACTION: Approval of the Resolution and Ordinance. PREVIOUS COUNCIL ACTION: City Council authorized grant application on February 19, 2008. CONCLUSION AND RECOMMENDATION: Approval of the Resolution and Ordinance to accept and appropriate this grant. /9E�CI(firm Rodolfo Ta —151— z, Presiding STATE OF TEXAS O F F I C E O F THE G O V E R N O R Rick Perry Governor August 8, 2008 Mr. George Noe Corpus Christi, City of Post Office Box 9277 Corpus Christi, Texas 78469 Dear Mr. Noe: tiECEIVEL AUG 14 2008 r(7Y MANAGER'S ()Mr" I am pleased to announce a grant award for $10,874.14 to your organization for the following project: Municipal Juvenile Court. My Criminal Justice Division is working to ensure that communities throughout the state receive the resources to make Texas a safer place. CJD- funded programs promote help and healing for crime victims, provide safe places and positive rolemodels for young Texans, enforce laws that protect citizens and expand training opportunities for Texas criminal justice professionals. Your project contributes to these efforts. Instructions for activating your grant online at https: / /cjdonline.govemor.state.tx.us should have come to you already by email. Please call my Criminal Justice Division at (512) 463 -1919 if you have any questions. Sincerely, PvC,e �G22� Rick Perry Governor RP:kcn 1329910 POST OFFICE BOX 12928 AUSTIN, TEXAS 78711 (512) 4631919 (VOICE) /(512) 475 - 2440 (FAX) / DIAL 7 -1 -1 FOR RELAY SERVICES -152- Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT A GRANT FROM THE STATE OF TEXAS, OFFICE OF GOVERNOR, CRIMINAL JUSTICE DIVISION, IN THE AMOUNT OF $10,874.14 FOR THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM FOR AN ANTI - SHOPLIFTING EDUCATION PROGRAM FOR THE MUNICIPAL JUVENILE COURT TO REDUCE JUVENILE DELINQUENCY, IMPROVE THE JUVENILE JUSTICE SYSTEM, AND INCREASE ACCOUNTABILITY OF JUVENILE OFFENDERS, WITH A CITY MATCH OF $1,208.24 IN THE NO. 1020 GENERAL FUND, AND A TOTAL PROJECT COST OF $12,082.38. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute all documents necessary to accept.a grant from the State of Texas, Office of Governor, Criminal Justice Division, in the amount of $10,874.14, with a City match of $1,208.24 in the No. 1020 General Fund, for a total project cost of $12,082.38. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: Armando Chapa City Secretary APPROVED: September 1, 2008 Lisa Agui Senior Assistant City Attorney For City Attorney H:\ LEG- DIRUeannie\ Lisa \Res- AcceptPoliceGrant- MunJuvCrd1,5 3— CITY OF CORPUS CHRISTI Henry Garrett Mayor Page 2 of 2 Corpus Christi, Texas of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H: \LEG -D I R\Jeannie\ Lisa \Res- AcceptPoliceGrant -Mu nJ ealt54 Page 1 of 3 AN ORDINANCE APPROPRIATING $10,874.14 FROM STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION, IN THE NO. 1061 POLICE GRANT FUND FOR ELIGIBLE FUNDING UNDER THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM FOR AN ANTI - SHOPLIFTING EDUCATION PROGRAM FOR THE MUNICIPAL JUVENILE COURT TO REDUCE JUVENILE DELINQUENCY, IMPROVE THE JUVENILE JUSTICE SYSTEM, AND INCREASE ACCOUNTABILITY OF JUVENILE OFFENDERS; TRANSFERRING $1,208.24 FROM THE NO. 1020 GENERAL FUND AND APPROPRIATING IT IN THE NO. 1061 POLICE GRANT FUND AS GRANT MATCHING FUNDS; APPROPRIATING $7,500 OF ESTIMATED PROGRAM INCOME IN THE NO. 1061 POLICE GRANT FUND; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $10,874.14 is appropriated from the State of Texas, Office of the Governor, Criminal Justice Division, in the No. 1061 Police Grant Fund. SECTION 2. That $1,208.24 is transferred from the No. 1020 General Fund and appropriated into the No. 1061 Police Grant Fund. SECTION 3. That $7,500 is appropriated in the No. 1061 Police Grant Fund of estimated program income. SECTION 4. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 9th of September, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary H \ LEG- DIR\Jeannie\ Lisa\ ORD- Approp- PoliceGrant- MunJuv€155 — Henry Garrett Mayor Page 2 of 3 APPROVED as to form: September 1, 2008 By: Lisa Aguila Senior Assistant City Attorney For City Attorney H:\LEG- DIR\Jeannie\ Lisa \ORD- Approp- PoliceGrant- Mundu'lie fre Page 3 of 3 Corpus Christi, Texas Day of , 2008 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 Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H: \LEG -DI RUea nnie\ Lisa\ ORD- Approp -Po I iceGra nt -M unJyygt57_ 15 AGENDA MEMORANDUM DATE: September 9, 2008 SUBJECT: Cefe Valenzuela Landfill Section Change Order No. 2 (Project 5225) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 2 for leachate pond service roadways, containment pond, culverts, and roadway repairs in the amount of $297,986.35 with Longhorn Excavators, Inc., of Richmond, Texas for the Cefe F. Valenzuela Landfill Section 4A Liner & Leachate Collection System and Section 4B Excavation. ISSUES: 1. Roadways, containment pad and culverts are required to comply with the Permit Modification for Cefe Valenzuela Landfill as approved by TCEQ. 2. Roadway repairs represent settlement to address roadway repairs after one year warranty period. RECOMMENDATION: Approval of the motion as presented. evin R. Stowers L4urence Mikolalczyk Interim Director - Engineering Services Interim Director of Solid Waste Services Attachments: a. Additional Information b. Change Order Summary c. Site Map H:\HOM E\KEV INS \GE N\ LANDFILL \Va IenzuelaCells4A4B \CO2 Memo.doc —161— ADDITIONAL INFORMATION SUBJECT: Cefe Valenzuela Landfill Section Change Order No. 2 (Project 5225) Change Order: The change order provides for: The installation of leachate pond service roads, culverts, and containment pad as required by TCEQ in the Cefe Valenzuela Landfill Modified Permit. Other items addressed by the change order include work to settle roadwork maintenance items and correction of a typing error on Change Order No. 1. The items included are: • Equipment mobilization /demobilization; • Compacted earthwork beneath new limestone service roads; • 8 -in compacted limestone base roadway; • earthen pump out containment pad; • 3 -36" reinforced concrete pipe culverts; • 5 -in limestone groundwater monitor well site pads (5 sites); • mill and cement stabilization of CR -20 & perimeter road at base failures locations; • placing City supplied recycled asphalt millings on shoulders; and • correction of Change Order No. 1 unit price to bid price for additional excavation. The TCEQ Modified Permit allowed the City to begin utilization of the leachate evaporation ponds, but required installation of five additional groundwater monitor wells, a pump out roadway and pump out containment facility to be constructed. Installation of the additional groundwater monitoring wells was contracted with Kleinfelder by Council on July 8, 2008. This change order will address the remaining items required by the Modified Permit. The change order will also resolve roadway maintenance requirements on County Road 21 and the Valenzuela entry/perimeter roads. A summary of the Change Order is attached. See Exhibit B. PRIOR COUNCIL ACTION: January 8, 2008 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to an engineering services contract with Chiang, Patel & Yerby, Inc. of Dallas, Texas in the amount of $147,000.00 for a restated not to exceed fee of $197,000.00 for design, bid and construction phase services for construction of disposal Cells 4A and 4B at Cefe Valenzuela Landfill (M2008 -005). May 27, 2008 — A. Motion authorizing the City Manager, or his designee, to execute a contract with Longhorn Excavators, Inc. of Richmond, Texas in the amount of $2,369,450.00 for construction of Cefe F. Valenzuela Landfill Section 4A Liner & Leachate Collection System and Section 4B Excavation (M2008 -128). B. Motion authorizing the City Manager, or his designee, to execute a contract engineering materials testing services with Kleinfelder, Inc, of Corpus Christi, Texas, in the amount of $262,466.00 for construction of Cefe F. Valenzuela Landfill Sect 4A Liner & Leachate Collection System and Section 4B Excavation project (M2008 -129). Exhibit "A" Page 1 of 2 H: HOME \KEVINS \GEN\ LANDFILL\ ValenzuelaCeIIs4A4B \Co2akgEXhA.doc July 8, 2008 - Motion authorizing the City Manager, or his designee, to execute a geotechnical services agreement with Kleinfelder, Inc. of Corpus Christi, Texas in an estimated amount not to exceed $100,400.00 for Cefe Valenzuela Landfill Leachate Ponds Groundwater Monitoring System (M2008 -167). July 22, 2008 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 for additional excavation and installation of a groundwater underdrains in the amount of $231,399.00 with Longhorn Excavators, Inc., of Richmond, Texas for the Cefe F. Valenzuela Landfill Section 4A Liner & Leachate Collection System and Section 4B Excavation (M2008 -185). PRIOR ADMINISTRATIVE ACTION: January 3, 2008 — Award of an engineering services contract to HDR, Inc. of Corpus Christi, Texas in the amount of $50,000.00 for Preliminary and Initial Design Services for Cefe Valenzuela Landfill Disposal Cells 4A and 4B. February 10, 2008 — Award of Amendment No. 2 to the engineering services contract to HDR, Inc. of Corpus Christi, Texas in the amount of $20,500.00 for a restated not to exceed fee of $217,500 for surveying services associated with the storm water disposal pond for Cefe Valenzuela Landfill Disposal Cells 4A and 4B. March 24, 2008 - — Award of Amendment No. 3 to the engineering services contract to HDR, Inc. of Corpus Christi, Texas in the amount of $49,730.00 for a restated not to exceed fee of $267,230 to separate bid and contract documents to permit early award of Cefe Valenzuela Landfill Disposal Cell 4A and a subsequent separate award of Cell 4B. FUTURE COUNCIL ACTION: Approval of change orders that may be required. Award of construction contract for Sector 4B. RECOMMENDATION: Approval of the motion as presented. FUNDING: Funding is available from the Sanitary Landfill 2006 CIP Funds. Exhibit "A" Page 2 of 2 H:\HOME \KE V I NS \GENLLAN D FI LL \Valenzue IaCel Is4A4 B \CO2BIra tr.d oc DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET JULY 22, 2008 PROJECT: J.C. Elliott Citizens Collection Center and Transfer Station (Project 5192) APPROVED: Motion No. M2008 -128 05/27/08 CONTRACTOR: Longhorn Excavators, Inc. 8653 F.M. 2775 Road Richmond, TX 77469 TOTAL CONTRACT AMOUNT 2,369,450.00 25% Limit Amount 592,362.50 Change Order No. 1 (05/27/08) 231,399.00 Change Order No. 2 (09/11/08) 297,986.35 Total 529,385.35 = 22.34% < 25% —164— Exhibit B Page 1 of 2 CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas CHANGE ORDER NO: 2 FUNDING SOURCE: 550910 - 3362 - 00000 - 140328 CONTRACT TIME: 148 C.D. Operating Department: Engineering Services DATE: September 9, 2008 Name of Project: Cefe F. Valenzuela Landfill Section 4A Liner & Leachate Collection System and Section 4B Excavation - Project # 5225 Contractor: Longhorn Excavators, Inc. CHANGE AS FOLLOWS: DEDUCT Install Leachate Ponds service roads, culverts, and containment pad as required By TCEQ, road repairs and correction of scrivener error (Change Order #1): 1. Equipment mobilization /demobilization 2. Compacted earthwork beneath limestone roadways (- 10,434 -cy @ $4.95 /cy) 3. 8 -in compacted limestone base roadway (8,923 -sy @ $16.44/sy) 4. 20 -ft x 60 -ft earthen containment pad w/o stabilized limestone (133 -sy @ $4.95/sy) 5. 3 ea. 36 -in rcp culverts (150 -If @ $300.00 /If) 6. 5 -in limestone groundwater monitor well site pads (15 -ft x 15 -ft @ 5 sites) 7. Mill and cement (45- Ibs /sy - 5 %) stabilize CR -20, entry & perimeter road base failures (- 3,030 -sy), place milled HMAC over stabilized areas, and place City supplied RAP on shoulders with pending installation of HMAC on stabilized areas by City Street Department. $42,000.00 8. Correction of Change Order No. 1 unit price to bid price for additional excavation from $2.92/cy to $2.97/cy (52,700 -cy x $0.05 /cy) ADD $8,250.00 $51,648.00 $146,694.00 $658.35 $45,000.00 $1,101.00 $42,000.00 $2,635.00 Total $297,986.35 Why was this change necessary? (If left off the plans and specifications, explain why) Items 1, 2, 3, 4, 5 & 6 - Work required to comply with the Permit Modification for Cefe Valenzuela Landfill as approved by TCEQ. Item 7 - settlement to address road repairs. Item 8 - corrects error in unit quantity extension on Change Order 1. How can similar changes be avoided in the future? Items 1 -7 were not part of project scope and resolve permit and maintenance issues. Item 7 requires closer review during preparation of proposed change orders. A. CONTRACT PRICE $ 2,369,450.00 B. TOTAL CHANGE ORDER (inc. current) $ 529,385.35 C. NEW CONTRACT PRICE $ 2,898,835.35 D. THIS CHANGE ORDER $ 297,986.35 E. PERCENT TOTAL CHANGE (B /A) 22.36% Project Engineer F. PREVIOUS ADDN'L TIME AUTHORIZED 0 CD G. ADDN'L CONTRACT TIME THIS CHANGE ORDER ... 7 CD H. TOTAL ADDITIONAL TIME 7 CD CITY OF CORPUS CHRISTI, TEXAS CONTRACTOR By: By: City Engineer Title: APPROVED: Operating Department Director of Management & Budget Legal Department -165- Exhibit B Page 2 of 2 \ Mproject \ councilexhibits \ exh5225bCO2. dwg :o 8 & 8 F.M. 40 F.M. 43 NUECES COUNTY F.M. 665 \ 20 FM 2444 F.M. 16 sa 8 F.M. 14 J.C. ELLIOTT LANDFILL CABANISS FIELD F.M. 18 F.M. 43 Oka CEFE F. VALENZUELA MUNICIPAL LANDFILL FM 2444 LOCATION MAP NOT TO SCALE PROJECT NO. 5225 SITE LOCATION MAP NOT TO SC2LE ECT "ION EXHIBIT "C" CEFE F. VALENZUELA LANDFILL SECTION (CHANGE ORGER NO. 2) -166- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 09/02/2008 ; fag kV\ \ \ \ \ e '� = wx LOOM 1 k \ \ .416- ;Li \lai a FUTURE UNIT _ FOD1PPohR ij}t.1T0RAGE v coo ARE ■ 1 • i \��' ,`iii` e \ \ \A L4dP4k C \ \ \ ` ({ / \ 4 \ • /, j ' \ . s „ �i ^ ^�o��;.' \ PROD PROJECT NO. 5225 SITE LOCATION MAP NOT TO SC2LE ECT "ION EXHIBIT "C" CEFE F. VALENZUELA LANDFILL SECTION (CHANGE ORGER NO. 2) -166- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 09/02/2008 16 CITY COUNCIL AGENDA MEMORANDUM Council Action Date: September 9, 2008 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Emil Martin Zuberbueler, et al. in the amount of $55,654 plus $1,500 in closing costs, for the purchase of fee simple property rights for Parcel 1, being 15.901 acres out of the Margaret Kelly Land, located east of the Corpus Christi Intemational Airport (CCIA) by Bear Lane and FM 763 (Joe Mireur Road ) in connection with the Taxiway Rehabilitation, Taxiway Signage /Lighting, & Airfield Drainage Project, Phase VI ( #10021) and for other municipal purposes. ISSUE: The airfield drainage improvements will increase drainage capacity to meet current Federal Aviation Administration (FM) requirements. The proposed improvements will drain the airfields and increase the storm water storage and culvert capacities to meet a 25 -year storm water event. Acquisition of drainage right -of -way is required to extend the project's drainage channel across private land to the existing Kelly Ditch. The location of the proposed channel through the owner's 15.901 -acre tract will create severance damages to their remaining land. It is staffs recommendation to purchase the entire tract and avoid these damages. The tract is within the airport's future expansion area. City staff has negotiated a contract for the purchase of the 15.901 acres in the amount of $55,564. Council approval is necessary for land acquisition expenditures exceeding $50,000. FUNDING: Aviation: 550701 -3020 - 00000 - 101069 (FAA Grant) 550701- 3020A- 00000 - 101069 (Airport CI P) RECOMMENDATION: Approval of the motion as presented. Attachments: Exhibit A. Exhibit B. Exhibit C. t/2/cs Kevin Stowers Interim Director of Engineering Services Background Information Council Exhibit (15.901 acres) Real Estate Sales Contract Summary H: \HOME \EUSEBIOG \GEN\Agenda Items \CCIA Drainage.ZuberbuellenAgenda Memorandum.CCIA Drainage.doc —169— BACKGROUND INFORMATION SUBJECT: CCIAAirfield Drainage Improvements, Phase VI ( #10021) Acquisition of Parcel 1, 15.901 acres PROJECT BACKGROUND: This project is a part of the Taxiway Rehabilitation, Taxiway Signage /Lighting & Airfield Drainage, Phase VI, partially funded with Federal Aviation Administration (FAA) grants. The airfield drainage improvements will increase the drainage capacity of the airfield to meet current FAA requirements. The proposed improvements will also increase the storm water storage and culvert capacities to meet a 25 -year storm water event. Construction will include a variable width drainage channel, a culvert structure across FM 763 (Joe Mireur Road), and an outfall structure at the Kelly Ditch. Most of the airport's existing drainage system was designed for a 5 -year storm event and has met its life expectancy. Additionally, some of the drainage system infrastructure is showing signs of deterioration. Localized corrective measures have been completed in previous phases of the airfield drainage improvements. PARCEL DESCRIPTION: Parcel 1 contains 15.901 acres and is located south of Bear Lane and east of FM 763 (Joe Mireur Road). This tract lies within the future boundaries of the airport and also is necessary for the construction of the terminal portion of the drainage channel. The outfall channel will be constructed beginning at the southwest side of Runway 13 -31, proceeding southeast and crossing FM 763 (Joe Mireur Road), then crossing the subject tract to the Kelly Ditch. The 118 foot -wide outfall channel will cross the approximate center of the15.901 acre tract as shown on the attached Exhibit B. The remainder of the 15.901 acres will be used by the contractor as a temporary construction area during construction. Once construction is completed, the remainder portions will be leased out by the airport for farming purposes until such time it is needed for airport operations. PARCEL NEGOTIATIONS: The drainage project initially required acquisition of a 200 -foot wide parcel through the middle of the 15.901 acre tract. It was staffs opinion that severance damages would be evident by this taking. Staff then proceeded to obtain two appraisals, one for the center portion containing 4.015 acres and the other appraisal was for the entire 15.901 -acre tract. The City's appraiser confirmed the severance damages in his report. The parcel, containing 15.901 acres, was appraised by American Appraisers, Inc. at a value of $3,000 per acre for a total of $47,703 based on its Farm Rural (FR) zoning. A review appraisal, which is required by the FAA, was also obtained by the City. The review appraisal, prepared by Corpus Christi Appraisal Services, supported the value of $3,000 per acre and recommended acquisition of the entire 15.901 acres. City staff presented a formal offer of $47,703 for the subject tract. The landowners countered with a value of $5,700 per acre based on their opinion of value and sales information obtained. After extended negotiations, the landowners accepted an EXHIBIT A -170- Page 1 of 3 administrative offer of $55,564 from the City equivalent to $3,500 per acre. It is staffs recommendation to settle at this amount in order to avoid a condemnation suit and delay of the drainage project. An additional $1,500 in closing costs will be paid by the City. The sellers requested that the sales contract be escrowed at Stewart Title of Corpus Christi. PRIOR COUNCIL ACTIONS: July 10, 2007 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 11 to the engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $327,000 for the Corpus Christi International Airport Airfield Drainage Phase VI and Taxiway Rehabilitation, Signage and Lighting Improvement Projects. (M2007 -176). Mav 13, 2008— Resolution authorizing the City Manager or his designee subject to Federal Aviation Administration (FM) Funding Approval, to accept FM FY 2008 Grants in an amount not to exceed $8,700,000 to rehabilitate taxiway systems, rehabilitate Taxiway "M ", design airfield rescue and firefighting station modifications, complete drainage improvements — Phase VI, rehabilitate the airport perimeter road, and design an Airport Improvement Program (Al P) equipment housing facility and various hangar structures at the Corpus Christi International Airport and to execute all related documents. (Resolution No. 027687) Mav 13, 2008 — Resolution to Authorize the City Manager or Designee to Execute a Multiple Use Agreement with Texas Department of Transportation (TXDOT) for a Drainage Culvert on FM 763 (Joe Miruer Road) Associated with Corpus Christi International Airport (CCIA) Taxiway Rehabilitation and Drainage Phase VI Projects. (Resolution No. 027691) July 8, 2008 — a. Ordinance appropriating $2,234,346.00 from the Federal Aviation Administration Grant No. 3- 48- 0051 -40 -2008 in the No. 3020 Airport Capital Improvement Fund to Rehabilitate Taxiway Systems Phase II; Modify Aircraft Rescue & Firefighting Building, Phase 1; Construct Perimeter Service Road, Phase I; and Construct Equipment Maintenance Building, Phase 1 at Corpus Christi International Airport; amending Fy2008 Capital Budget Adopted by Ordinance No. 027546 to increase appropriations by $2,234,346.00; and declaring an emergency. (Ord. No. 027747) b. Ordinance appropriating $2,500,000.00 from the Federal Aviation Administration Grant No. 348- 0051 -41 -2008 in the No. 3020 Airport Capital Improvement Fund to Improve Airport Drainage, Area VI, Phase II at Corpus Christi International Airport; amending Fy2008 Capital Budget Adopted by Ordinance No. 027546 to increase appropriations by $2,500,000.00; and declaring an emergency. (Ord. No. 027748) c. Ordinance appropriating $2,800,000.00 from the Federal Aviation Administration Grant No. 3- 48- 0051 -42 -2008 in the No. 3020 Airport Capital Improvement Fund to Rehabilitate Taxiway Systems Phase II at Corpus Christi International Airport; amending Fy2008 Capital Budget Adopted by Ordinance No. 027546 to increase appropriations by $2,800,000.00; and declaring an emergency. (Ord. No. 027749) d. Ordinance transferring $600,100.00 from Airport Capital Reserve Fund 4611 and appropriating $600,000.00 into the Airport CIP Fund — Capital Reserve Fund 3020A to Rehabilitate Taxiway Systems Phase II; Modify Aircraft Rescue & Firefighting Building, Phase 1; Construct Perimeter Service Road, Phase 1; and Construct Equipment Maintenance Building, Phase I at Corpus Christi International Airport; amending Fy2008 Capital Budget Adopted by Ordinance No. 027546 to increase appropriations by $600,000.00; and declaring an emergency. (Ord. No. 027750) —171— EXHIBIT A Page 2 of 3 PRIOR ADMINISTRATIVE ACTIONS: July 19, 2007 — Administrative award of a geotechnical contract to PSI of Corpus Christi, Texas in the amount of $3,150.00 for the Corpus Christi Intemational Airport Taxiway Rehabilitation, Taxiway Signage /Lighting and Drainage Phase VI Improvements projects. In Process — Administrative award of an engineering materials inspection, testing and laboratory services contract with Professional Services Industries, Inc. (PSI) of Corpus Christi, Texas in an amount not to exceed $40,673.00 for the Corpus Christi International Airport Taxiway Rehabilitation, Taxiway Signage /Lighting and Drainage Phase VI Improvements - FUTURE COUNCIL ACTION: None H:\HOME\EUSEBIOG \GENWgenda Items \CCIA Drainage .Zuberbueller\Background.doc —172— EXHIBIT A Page 3 of 3 \Mproject \CouncilExh 10020.dwq x AGNES ce CORPUS CHRISTI m TERNATIONAL o AIRPORT BEAR 1)4 t W. POINT ,0" Z PROPERTY LOCATION a LOCATION MAP NOT TO SCALE VICINITY MAP NOT TO SCALE EXHIBIT 8 CCIA AIRFIELD DRAINAGE IMPROVEMENT PROJECT (15.9 acres Margaret Kelly Lana 73_ CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 08 -28 -2008 11■111, MOM 1=1, - .1....400 REAL ESTATE SALES CONTRACT SUMMARY CCIA Airfield Drainage Improvements, Phase VI Parcel 1, 15.901 acres (Zuberbueler, et al) This Contract is entered into by Emil Martin Zuberbueler, John Ulrich Zuberbueler, Jr., Patrick Kelly Zuberbueler, and Matthew Haby Zuberbueler of 520 N. Street SW, S520, Fairfax County, Washington, D.C. 20024, collectively called "SELLER ", and the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277, herein called "BUYER ". Terms: 1. Seller for the consideration and under the terms set out in the contract, agrees to convey to Buyer the following described property: 15.901 acres of land out of the Margaret Kelly Lands, Nueces County. 2. Purchase Price - $55,654, cash. 3. Seller to provide title insurance at Buyer's expense. 4. Seller will deliver, at Buyer's expense, a good and sufficient General Warranty Deed. 5. All taxes to be paid by Seller, up to and including 2007. Taxes for 2008 will be prorated between Buyer and Seller. 6. Buyer agrees to deposit $2,500 Earnest Money at the Title Company, which Seller may keep as liquidated damages should Buyer fail to consummate contract as specified, or Seller may seek to enforce specific performance of contract. 7. Buyer accepts title subject to all outstanding restrictive covenants, use restrictions and zoning and regulatory ordinances. 8. Transaction to be closed on or before 90 days from the date of the contract. Seller acknowledges that Seller has read the agreement, and it is not binding until approved by the City Council and signed by the City Manager within 35 days of receipt from Seller. 9. The contract will survive the closing of the sale and delivery of the General Warranty Deed and other conveyance documents. 10. Buyer shall have sixty (60) days (the "60 -Day Inspection Period ") from the effective date of the contract hereof to notify Seller of Buyer's election, in Buyer's sole discretion, to cancel this Contract and receive a refund of the EXHIBIT C Page 1 of 3 —174— Earnest Money in the event that Buyer finds the Property to be unacceptable for any reason. (1) During the 60 -Day Inspection Period, and at Buyer's sole expense, Buyer or Buyer's authorized agents shall have the right to enter upon the Property for purposes of making such land surveys, environmental site analysis, engineering studies, wetland studies, soil borings and soil analysis as Buyer may deem necessary. (2) In connection with Buyer's inspections, studies, and assessments, Buyer must: -(i) employ only trained and qualified inspectors and assessors; (ii) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (iii) abide by any reasonable entry rules or requirements that Seller may require; (iv) not interfere with existing operations or occupants of the Property; and (v) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (3) Except for those matters that arise from the sole negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. To the extent permitted by law, Buyer, as permitted by Texas law will indemnify, hold harmless, and defend Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this Section. Environmental Audit. Buyer shall have the right to cause an independent environmental consultant chosen by Buyer, in Buyer's sole discretion, to inspect the Property, including but not limited to an Environmental Site Analysis (ESA) Phase I and Phase II, to determine the condition of the Property, the presence of any Hazardous Materials and any apparent violation of any Environmental Law (the "Environmental Audit ") and to deliver a report describing the findings and conclusions of the Environmental Audit. The cost and expense of the Environmental Audit shall be borne by Buyer. 11. Seller is responsible for payment of all broker's fees and commissions incurred in connection with the sale of this property. 12. At the Closing, the Property will be conveyed free of the rights of possession of any third parties in or to the Property except for valid easements, if any, filed of record and currently in force and effect. 13. In order to induce Buyer to enter into this Contract, Seller makes the following representations and warranties all of which will be true and correct as of the date hereof and as of the date of closing: A. Seller has the absolute and unrestricted right, power and authority to execute and deliver this Contract and the documents to be executed and delivered by Seller in connection with the closing of the transactions described in this EXHIBIT C Page 2 of 3 —175— Contract. B. Seller has no knowledge of any pending or threatened litigation, condemnation, or assessment affecting the Property. C. Except as otherwise expressly provided herein, Seller has no knowledge that the Property contains Hazardous Materials. D. To the best of Seller's knowledge, Seller has full and complete fee simple title to the Property, subject only to the liens and encumbrances, if any, disclosed on the Commitment or Survey to be furnished to Buyer hereunder. E. No person, corporation, or other entity has or, on the date of Closing, shall have any right or option to acquire the Property. F. Seller has not received any notice from any govemmental agency regarding the Seller's or the Property's non - compliance with applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property. 14. The sale of the Property is without minerals. Seller reserves unto itself all of its right, title and interest in and to the oil, gas and other minerals in, on, or under the Property. 15. Time is of the essence in closing this transaction. 16. The effective date of this Real Estate Sales Contract is the date in which the Contract is signed by the Buyer. 17. Multiple original copies of this contract may be executed, and the execution of this contract may be through the execution by the parties of separate counterparts. All of the original copies of this contract together shall constitute one agreement, binding on all of the parties hereto notwithstanding that the parties hereto may or may not be signatories to the same counterpart. H:WOME\EUSEBIOG \GEMAgenda Items \CCIA Drainage.Zuberbueller\Contract Summary.doc EXHIBIT C Page 3 of 3 —1 7 6— 17 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 9, 2008 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a contract with James Hetherington (Artist) for the design, production, installation, and purchase of a permanent work of art created in stainless steel, in the amount of $12,375.00 as part of. the Percent for Art Program associated with the Fire Station #17 construction project. ISSUE: The Arts and Cultural Commission made a recommendation to the City Council to enter into a contract with James Hetherington (Artist) for the purpose of designing and executing a stainless steel sculpture for the Fire Station #17construction project. REQUIRED COUNCIL ACTION: A motion authorizing the City Manager or his designee to execute a contract with James Hetherington (Artist) is required. PREVIOUS COUNCIL ACTION: none. BOARD /COMMISSION ACTION: The Arts and Cultural Commission approved their recommendation at their July 10, 2008 meeting. FUNDING: The project is funded. CONCLUSION AND RECOMMENDATION: The Arts and Cultural Commission, and the Visual Arts Committee have reviewed the recommendation of the Fire Station #17 Construction Art Selection Panel and approve this project. Sally Gavlik, Director it- Parks and Recreation Department Attachments: Background Information Drawing of art project —179— BACKGROUND INFORMATION A Request for Proposals (RFP) was distributed to artists residing in South Texas and the surrounding areas for the execution of a work of art to be located outside of Fire Station #17. James Hetherington's design was chosen by a Peer Panel, and approved by the Visual Arts Committee. The work for the Southside Fire Station project is based on a "flame ". The award is $12,375.00 for this stainless steel structure. This cost includes all expenses associated with design, fabrication, transportation and installation. The sculpture is 5 feet tall, 1 foot 1 inch wide, and 6 % inches deep. The pedestal base will be 1 foot above ground level. The Arts and Cultural Commission's Visual Arts Committee approved the recommendation of the Peer Panel at their July 10, 2008 meeting after which the Arts and Cultural Commission voted to recommend the James Hetherington artwork to the City Council on that same date. Fire Chief, Richard Hooks, and Architect, Chuck Anastos, have also approved this recommendation. This project is being funded according to Public Art Policies and Guidelines. These policies and guidelines were passed by the City Council on March 10, 1987. Under Section 2 -109 (c), Municipal Public Art Program, all allocations for funds for city construction projects shall include an amount equal to one and one - quarter (1 -1/4) per cent of the construction cost, to be used for the selection, acquisition, commissioning, and display of works of art and any other associated costs such as professional fees, community education, insurance, curatorial services, identification, documentation and publicity. If the source of funding, applicable law governing any particular project, or the expenditure of such funds precludes art as permissible expenditure, the amount of funds so restricted shall be excluded from the construction cost, as defined herein, in determining the amount to be allocated as provided herein. City construction projects with a construction cost of less than fifty thousand dollars ($50,000.00) shall be excepted, and no allocation shall be made on such projects. —180— Fire Station #17 Percent for Art Project James Hetherington, Artist -181- Page 1 of 14 AGREEMENT FOR COMMISSION OF PUBLIC ART BETWEEN THE CITY OF CORPUS CHRISTI AND JAMES HETHERINGTON FOR FIRE STATION #17 This agreement ( "Agreement ") is entered into by and between the City of Corpus Christi, Texas, a home -rule municipal corporation ( "City "), acting through its duly authorized City Manager or the City Manager's designee ( "City Manager ") and James Hetherington of San Antonio, Texas ( "Artist "). WHEREAS, the City has allocated funds for the selection, purchase, and placement of a public work of art at, in, or near the selected site of Fire Station #17 ( "Project Premises "); WHEREAS, the City's issued a Request for Proposals ( "RFP "), a copy of which is attached to this Agreement and incorporated into this Agreement by reference as Exhibit A, in order to obtain proposals for the fabrication and installation of public works of art for the City's Project Premises; WHEREAS, Artist submitted a design to City's Arts and Cultural Commission ( "Commission ") in response to the City's RFP ( "RFP Response ") and the RFP Response is incorporated into this Agreement by reference and attached to this Agreement as Exhibit 8; WHEREAS, the City and Artist wish to set out the terms and conditions under which the Artwork is to be designed, fabricated, transported, and installed in order to promote the integrity of Artist's ideas and statements as represented in the RFP and as represented by and in the completed Artwork. NOW, THEREFORE, the City and Artist, for and in consideration of the covenants and agreements set out in this Agreement, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Preamble Language. The preamble language included above this initial numerated section is incorporated into this Agreement by reference and made a part of this Agreement for all intents and purposes. Section 2. Contract Administrator. The City's contract administrator for this Agreement is the City's Director of Parks and Recreation ("Director). Section 3. Artwork. The City, through this Agreement, contracts with Artist to provide professional services in designing, constructing, finishing, transporting, and installing a permanent work of art created in stainless steel ( "Artwork "). A representative design of the Artwork, including plans and specifications, will be approved by the architect and the Arts Panel appointed by Commission and will be attached to this Agreement as Exhibit C and incorporated in this Agreement by reference. The City and Artist acknowledge that Artist's preliminary design for the Artwork has been reviewed and approved by the City's Arts and Cultural Commission ( "Commission "), a commission whose members are appointed by the City's City Council ( "City Council "). Section 4. Term of Agreement. This Agreement, excluding certain covenants that survive this Agreement including, but not limited to, Sections 14(B), 22(B), 25, 26, and 27, will expire upon the City's final payment to Artist as governed by Sections 5(B)(iv) and 8(C) of this Agreement. H:ILEG-OIR \Lisa\2000 Parks and Recreation \Firestation #17 artist Contract v4.doc —182— Page 2 of 14 Section 5. Compensation and Payment Schedule. A. The City will pay directly to Artist a fixed fee of $12.375.00. which is full compensation for all services to be performed and all materials to be furnished by Artist under this Agreement. The payment of compensation to Artist, at any time during the term of this Agreement, will not be deemed a waiver of any right of the City or acceptance, by the City, of defective performance by Artist. B. The fee will be paid in the following installments, each installment to represent full and final payment for all services and materials provided prior to the payment thereof: (i) $7,425.00 will be remitted by the City within ten (10) working days of the execution of this Agreement by the City for preliminary design of the Artwork, supplies, and a portion of Artist's fees; (ii) $3,712.50 will be remitted by the City within ten (10) working days of written notice that the artwork is ready for installation, so long as: (1) the Artwork is in a deficiency - free condition, as reasonably determined by the City; (2) the Artwork appears to have been fabricated and completed in accordance with the plans and specifications set out in Exhibit B; and (3) the City has issued a Notice of Acceptance, as set out in Section 8(B) of this Agreement, as acknowledgment by the City that the conditions delineated in this Section 5(B)(iii) appear to have been met by Artist; (iii) $1,237.50 within ten (10) working days after installation and final acceptance, as defined in Section 8(C) of this Agreement, of the Artwork by the City. Section 6. Fabrication of Artwork. A. Fabrication of the Artwork will be performed by Artist at Artist's art studio located in San Antonio. Artist agrees to do the additional work reasonably necessary to complete the Artwork in accordance with the plans and specifications in Exhibit C, as described in Section 3. B. Artist shall furnish all labor, tools, materials, machinery, equipment, and incidentals necessary for the execution of the Artwork. Section 7. Completion of Artwork. The Artwork must be fully fabricated and ready for transport to the Project Premises no later than 45 days after contract execution, in order to allow ample time for installation at the Project Premises. The date of installation of the Artwork is not yet known due to the City's stage in the present phase of the construction of the Library. The Director shall send notice to Artist at least forty -five (45) days prior to the City's projected date of installation. The City's present anticipated completion date of the Project Premises is December 1, 2008. Section 8. Notice of Substantial Completion, Notice of Acceptance, and Notice of Final Acceptance. A. Artist shall send to Director a written notice of substantial completion ( "Notice of Substantial Completion ") when the Artwork has been substantially completed in accordance with the plans and specifications described in Exhibit C. H: \LEG- DIR \Lisa\2008 Parks and Recreation \Firestation #17 artist Contract v4.doc -183- Page 3 of 14 B. Upon the Artwork's arrival at the Project Premises, the City shall provide Artist with notice of the Artwork's arrival and will issue payment to Artist, under Section 5(B)(iii) of this Agreement ( "Notice of Acceptance "), unless the City gives Artist a written deficiency notice specifying the services or items that are not completed. Upon receipt of a deficiency notice, Artist will be given a reasonable time in which to correct all deficiencies noted by the City. Artist shall assume all costs associated with the correction of any deficiencies noted. Upon correction of all deficiencies, the City shall notify Artist in writing of the City's accepted arrival of the Artwork and issue a Notice of Acceptance. C. Upon installation of the Artwork and site cleanup, the City shall notify Artist in writing of its final acceptance ( "Notice of Final Acceptance ") of the Artwork. Final acceptance shall not to be unreasonably withheld. Site cleanup shall consist of Artist cleaning and removing from the installation site all surplus and discarded materials, temporary structures, and debris of every kind occasioned by Artist's installation work in order to leave the installation site in a clean and orderly condition, substantially the same as that which originally existed. Section 9. Installation of the Artwork. Artist shall provide plans and specifications for installation of the Artwork. Artist will also be contractually responsible for all completion costs associated with construction and installation of the Artwork. Section 10. Transport of Artwork. Artist shall provide the City with a written, 30 -day notice prior to transport of the Artwork from Artist's studio. The notice must state the method, carrier, and date of shipping; the intended arrival date; and arrival location of the Artwork. Section 11. installation of Artwork. Artist shall be contractually responsible for the physical installation of the Artwork and all completion costs associated with the installation of the Artwork at the Project Premises, in compliance with the project's design firm. Section 12. Artwork Maintenance Instructions. Artist shall submit, within fourteen (14) days after arrival of the Artwork at the Project Premises, instructions regarding routine maintenance required for each component of the Artwork. Section 13. Work Standards. All fabrication work must be performed in a good and workmanlike manner and in accordance with the plans and specifications in Exhibits B and C. Section 14. Taxes. A. The City is a tax - exempt organization and no State of Texas or local sales taxes are due upon the Artwork by the City. The City shall supply Artist with a copy of the Texas Sales Tax Exemption Certificate ( "Texas Certificate "). The City does not warrant that the Texas Certificate will be acceptable in any other jurisdiction outside the boundaries of Texas for tax - exempt purchases of materials or supplies to be used for the Artwork. B. Artist is solely responsible for the payment of any and all taxes that may become due to any taxing authority, agency, or entity with respect to services provided by Artist or with the Artwork that is the subject of this Agreement. This provision survives the expiration or earlier termination of this Agreement. H 1LEG- DIR1Lisa12008 Parks and RecreationtFirestalion 017 artist Contract v4.doc -184- Page 4 of 14 C. Artist shall pay, before delinquency: all taxes, levies, and assessments arising from Artist's activities and undertakings pursuant to this Agreement; taxes levied on Artist's art studio and any improvements on the studio property or other place used for the fabrication and completion of the Artwork; taxes levied on Artist's equipment, tools, and machinery; and taxes levied on Artist's interest in this Agreement. Section 15. No Assignment of Work Without Authorization. The work and services required of Artist under this Agreement are personal to Artist and may not be assigned, delegated, or transferred without the express, written approval of the City. This provision does not prohibit Artist from having the Artwork cast at an approved foundry, which is permitted under Section 6 of this Agreement, or from employing qualified personnel to work under Artist's direct supervision and control with respect to the Artwork. Section 16. Review of Work in Progress. Upon reasonable, prior notice to Artist, the City's officers, employees, and agents must be allowed to make reasonable inspections and reviews of Artist's progress with respect to the Artwork. Section 17. Insurance. A. Artist shall secure and maintain, during the term of this Agreement and at Artist's sole expense, the levels and types of insurance set out in Exhibit D, a copy of which is attached to this Agreement and incorporated in this Agreement by reference B. Any subcontractors, if approved by the City, must secure and maintain the same levels and types of insurance shown in Exhibit D prior to performing any work related to this Agreement. C. Artist shall provide proof, by certificate of insurance meeting the limits and requirements set out in Exhibit D, to the City's Risk Manager and Director upon the execution of this Agreement. D. The certificate of insurance must name the City as an additional insured and must provide the City with at least 30 days written notice of cancellation, material change, or intent not to renew any insurance coverage required by Exhibit D. Section 18. Artist's Expenses. Artist shall be responsible for the payments of all mailings for submission to the City, including any required insurance certificates; shipping costs of the Artwork to the City; all costs of travel by Artist; all labor costs for Artist's employees; and all other costs, unless specifically excluded in this Agreement, that are necessary for the proper performance of the work, services, and obligations required by Artist under this Agreement. Section 19. Dedication Ceremony. A. Artist is requested by the City to attend a dedication ceremony upon opening of the Project Premises to the public. Since Artist's business is located in the City any and all travel expenses related to Artist's decision to attend the dedication ceremony will be the responsibility of Artist. B. The City is solely responsible for coordinating public information materials and activities related to the dedication of the Artwork. 1-t:1LEG•DIR \Lisa\2008 Parks and Recreationlrirestation #17 artist Contract v4.doc -185- Page 5 of 14 Section 20. Public Information by Artist. Artist shall acknowledge the City's role in purchasing the Artwork in all public presentations and written, printed, or electronic publications of the Artwork following the execution of this Agreement. This obligation of Artist survives the termination of this Agreement. Section 21. Independent Contractor; Lack of Contractual Authority. A. Artist shall perform all work and services under this Agreement as an independent contractor and not as an agent, representative, or employee of the City. B. This Agreement does not establish Artist as the agent or legal representative of the City for any purpose whatsoever, and Artist is not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of, or in the name of, the City or to bind the City in any manner whatsoever. Section 22. Title; Copyright and License to Reproduce. A. Title to the Artwork will pass to the City upon remittance of the final payment. B. Artist retains all rights under the Copyright Act of 1976, 17 United States Code, Sections 101 et seq., as it may be amended, and all other rights in and to the work except ownership and possession. Notwithstanding the foregoing, Artist grants to the City an irrevocable license to graphically reproduce, through photography or otherwise, the image of the Artwork including, but not limited to, the Artwork proposal and all preliminary studies, and to authorize third parties to graphically reproduce, through photography or otherwise, any and all of the same as are desired by the City for any purpose deemed appropriate by the City Manager. On each municipal reproduction, Artist will be acknowledged, using designations provided by Artist, to be the creator of the original Artwork depicted, provided that reproductions of any proposals and preliminary studies may not be identified as, or represented to be, the finished Artwork. The rights granted by this subsection survive the termination of this Agreement. Section 23. Identification Label. The City shall prepare, at its own expense, an identification label indicating Artist's name, the Artwork's title, and year of completion. This identification label will be placed near or adjacent to the Artwork whenever the Artwork is publicly displayed by the City. Section 24. Risk of Loss. Artist shall take all measures reasonably necessary to protect the Artwork from loss or damage until Artist has completed delivery to the City of all materials that constitute and form the Artwork and ownership is transferred to the City. Artist shall obtain property insurance, as set out in Section 17 of this Agreement, for loss or damage of the materials paid for by the City while in Artist's possession and control. Section 25. Indemnification. To the extent allowed by Texas law, Artist ( "Indemnitor") shall fully indemnify, save, and hold harmless the City and its officers, employees, and agents (collectively, "Indemnitees ") against any and all liability, damage, loss, claims, demands, and actions of any nature whatsoever on account of personal injury (including, without limitation on the foregoing, premises defects, workers' compensation, and death claims), property loss, or damage of any kind whatsoever, including dishonest, fraudulent, negligent, or criminal acts of the Indemnitor or the Indemnitor's employees, representatives, or agents, acting alone or in collusion with others, which may arise out of, be caused by, or be in any way connected with, HMEG- DIR \Lisa12008 Parks and RecreatIonTirestatlon #17 artist Contract v4.doc —186— Page 6 of 14 either proximately or remotely, wholly or in part, Indemnitor's design, fabrication, installation, repair, restoration, or removal of the Artwork and any act or omission of the Indemnitor or of any agent or employee of Indemnitor pursuant to performance under the terms of this Agreement. The terms of this indemnification are effective regardless of whether the injury, damage, or Toss is caused by the sole, contributory, or concurrent negligence of the Indemnitees or any of them individually. The Indemnitor covenants and agrees that, if the Indemnitee is made a party to any litigation against the Indemnitor or in any litigation commenced by any party other than Indemnitor relating to this Agreement, Indemnitor shall, upon receipt of reasonable notice regarding commencement of litigation and at his /her own expense, investigate all these claims and demands, attend to their settlement or other disposition, defend Indemnitee in all actions based thereon with counsel satisfactory to the lndemnitee, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, claim, demand, or action. No liability attaches to the City by virtue of entering into this Agreement except as is expressly provided for under this Agreement. This provision survives the expiration or earlier termination of this Agreement. Section 26. Artist's Warranties. A. Warranty Against Defects. Artist warrants that the Artwork is designed to last for 20 years and guarantees the Artwork against faulty material and workmanship, including inherent vice. The term "inherent vice" means a quality within the material(s) that compromise(s) the Artwork and, either alone or in combination, results in the tendency of the Artwork to destroy itself and its image. In the event of a claim by the City for faulty material or workmanship, Artist shall, at the City's option, remedy or pay for any loss or damage resulting from faulty material or workmanship that occurs or appears after the date the City issues a Notice of Final Acceptance of the Artwork. The City shall give written notice with reasonable promptness to Artist regarding observed defects in the Artwork that occur or appear. Nothing contained in this Agreement or any action whatsoever by the City constitutes an acceptance of work not done in accordance with the provisions of this Agreement or relieves Artist of liability or responsibility for faulty material or workmanship. This provision survives the expiration of this Agreement. B. Warranty of Title. Artist warrants and guarantees that, upon the City's final remittance of payment to Artist, the City acquires good title to the Artwork and that the Artwork is free from any and all claims, liens, and charges of and by any person or entity including, but not limited to, all employees and suppliers of Artist. This provision survives the expiration of this Agreement. Section 27. Collection Management. A. The City reserves the right to manage its collection of art, including the Artwork, consistent with all applicable laws, the City's Charter, ordinances, and municipal policies. The City, through this Agreement, is commissioning and purchasing a work of public art, and the City shall determine the Artwork's placement at the Project Premises. This reservation of rights survives the expiration of this Agreement. B. The City reserves the right to manage its buildings, facilities, and public sites for public purposes and, in doing so, may determine that it is necessary to relocate or remove the Artwork or modify the site in or on which it is located. The City will not relocate or remove the Artwork or substantially modify the site in or on which the Artwork is located for a period of five (5) years without notifying Artist of the proposed change and H: \tEG -DIR \Lisa \2000 Parks and Recreation\Firestation #17 artist Contract v4.doc -187- Page 7 of 14 attempting to reach agreement with Artist regarding the future appearance or location of the Artwork. Artist must not unreasonably withhold approval of the relocation or removal of the Artwork from the site in or on which it is located or of the modification of the location. This reservation of rights by the City survives the expiration of this Agreement. Section 28. Force Majeure. No party to this Agreement will be liable for failures or delays in performance due to any cause beyond their control including, but not limited to, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, and riots or interference by civil or military authorities. Artist shall inform the City in writing and submit proof of force majeure within three (3) business days of the event or occurrence of force majeure. Artist's failure to inform and submit proof to the City of force majeure constitutes a waiver of this right as a defense. The failures or delays to perform extend the period of performance until these exigencies have been removed. Section 29. Survival of Terms. Termination or expiration of this Agreement for any reason does not release either party from any liabilities or obligations set forth in this Agreement that: 1) the parties have expressly agreed survive the termination or expiration including, but not limited to, Sections 14(B), 22(B), 25, 26, and 27; 2) remain to be performed; or 3) by their nature would be intended to be applicable following the termination or expiration. Section 30. Assignment and Transfer. This Agreement may not be, in whole or in part, assigned or transferred, directly or indirectly, by Artist without the prior written consent of the Director and City Manager. Subject to the foregoing, this Agreement is binding upon the City and Artist, their successors, and assigns. Section 31. Non- Discrimination. Artist shall not discriminate or permit discrimination against any person or group of persons, as to employment or in the performance of services under this Agreement, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The Director retains the right to take the action as the United States may direct to enforce this non- discrimination covenant. Section 32. Compliance with Laws. A. Artist must comply with all applicable Federal, State, and local government laws, rules, regulations, and ordinances that may be relevant or applicable to Artist's performance under this Agreement. B. This Agreement is also subject to applicable provisions of the City's Charter. Section 33. Venue. All actions brought to enforce compliance with this Agreement must be brought in Nueces County, Texas, where this Agreement was executed and will be performed. Section 34. Interpretation. This Agreement will be governed by and construed in accordance with the laws of the State of Texas. Section 35. Notice. H: \LEG- CIR\Lisat2008 Parks and Recreation \Flrestation #17 artist Contract v4.doc -188- Page 8 of 14 A. All notices, demands, requests, or replies provided for or permitted, under this Agreement 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; (5) by fax transmission; or (6) e-mail. B. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service in the manner described above will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fax or e-mail will be deemed effective upon transmission with proof of delivery to the receiving party. All communications must only be made to the following: IF TO CITY: City of Corpus Christi Attn: Director of Parks and Recreation 1201 Leopard; 3rd Fl P.O. Box 9277 Corpus Christi, Texas 78469 -9277 (361) 880-3461 (361) 880 -3864 Fax Sa llvG(a�cctexas.com IF TO ARTIST: James Hetherington P. O. Box 6403 San Antonio, TX 78209 C. Either party may change the address to which notice is sent by using a method set out above. Artist shall notify City of an address change within ten (10) days after the address is changed. Section 36. Mechanics and Materialman's Liens. Artist must not allow the Artwork to be encumbered by any notice of intention to file a mechanic or materialman's lien or by the filing of a mechanic or materialman's lien. In the event that any notice of intention to file a mechanic or materialman's lien is received by Artist or a mechanic or materialman's lien is filed against the Artwork purporting to be for labor or materials, Artist must discharge the same within ten (10) days of the notice or filing. Section 37. Disputes. Any disputes concerning Artist's performance of this Agreement that are not disposed of by agreement between Artist and the Director will be referred to the City Manager or the City Manager's designated representative. If these persons do not agree upon a decision within a reasonable period of time not to exceed forty -five (45) days, the parties may pursue other legal rights and remedies to resolve the disputes. Section 38. Modification or Amendment. No modification or amendment of any of the terms of this Agreement will be effective unless the modification or amendment is in writing and signed by an authorized representative of each of the parties to this Agreement. Section 39. Waiver. H! \LEG -DIR \ Lisa \2008 Parks and Recreation \Fireslation 417 artist Contract v4.doc —189— Page 9 of 14 A. The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights under this Agreement. B. No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement by either party at any time, express or implied, will be taken to constitute a waiver of any subsequent breach of the covenant or condition nor will justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition of this Agreement. C. If any action by Artist requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same action or any other action on any other occasion. D. Any waiver or indulgence of Artist's default of any provision of this Agreement will not be considered an estoppel against the City. It is expressly understood that, if at any time Artist is in default in any of its conditions or covenants of this Agreement, the failure on the part of the City to promptly avail itself of said rights and remedies that the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies allowed under this Agreement, in law, or in equity. E. Any waiver or indulgence of the City's default of any provision of the Agreement will not be considered an estoppel against the Artist. It is expressly understood that, if at any time the City is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Artist to promptly avail itself of said rights and remedies that the Artist may have will not be considered a waiver on the part of the Artist, but the Artist may at any time avail itself of said rights or remedies allowed under this Agreement, in law, or in equity. Section 40. Severability. A. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement 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 Agreement, 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 thereby, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. B. 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 Agreement, in lieu of each illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be Legal, valid, and enforceable, will be added to this Agreement automatically. Section 41. Acknowledgment and Construction of Ambiguities. The parties expressly agree that they have each independently read and understood this Agreement. By Artist's execution of this Agreement, Artist agrees to be bound by the terms, covenants, and conditions H:1LEG- DIRILisa12o08 Parks and Recreation\Firestation #17 artist Contract v4.doc -190- Page 10 of 14 contained in this Agreement. By agreement of the parties, any ambiguities in this Agreement may not be construed against the drafter. Section 42. Captions. The captions utilized in this Agreement are for convenience only and do not in any way limit or amplify the terms or provisions of this Agreement. Section 43. Disclosure of Interests. Artist further covenants and agrees, in compliance with the City Code of Ordinances, Section 2 -349, as amended, to complete the Disclosure of Interest form that is attached to this Agreement as Exhibit E and that is incorporated by reference into this Agreement. Section 44. Executory Agreement. This Agreement is not considered valid until signed by authorized representatives of each of -the parties and approved by the City Council. Section 45. Entire Agreement. No verbal agreements or conversations between any officer, employee, or agent of the City and Artist or Artist's agent prior to the execution of this Agreement affect or modify any of the terms or obligations contained in this Agreement. Any verbal agreements or conversations prior to execution of this Agreement are considered unofficial information and in no way binding on either party. This Agreement and the attached and incorporated exhibits constitute the entire agreement between the City and Artist for the purpose stated. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Agreement, unless contained in this Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Agreement and its exhibits of the terms, conditions, promises, and covenants relating to Artist's performance under this Agreement. EXECUTED IN DUPLICATE, each of which will be considered an original, on this the _ day of 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary George K. Noe City Manager APPROVED AS TO LEGAL FORM 2008 Lisa Aguilar, sistant City Attorney for City Attorney ARTIST By: Printed Ti Date: 1 8 ,kugi 't 20,08 H:LLEGDIR \ Lisa \2008 Parks and Recreation \Firestation #17 artist Contract v4.doc —191— STATE OF TEXAS COUNTY OF NUECES 84,44-4- This instrument was acknowledged before me on Hetherington. ¢ �) NOTARY PUBLIC ii"'k TV' WrCt.' Seal: STATE OF TEXAS Notary Public, State of Texas I «,;,,..•' pyconnn•E�•o1'tamtt 1- ( My Commission Expires gS Page 11 of 14 • Notary's Printed Name H:1LEG- DIR \Lisa\2000 Parks and Recreatlon\Frestallon #17 artist Contract v4.doc —192— y James LIST OF ATTACHED EXHIBITS Exhibit A: City's RFP Exhibit B: Artist's Response to City's RFP Exhibit C: Representative Design and Plans and Specifications for Artwork Exhibit D: Insurance Requirements Exhibit E: Disclosure of Interest Form H: \LEG- DIR1LIsa1200a Parks and Recreation1Firestatlon #17 artist Contract v4.doc —193— Page 12 of 14 City of Corpus Christi, Texas Arts and Cultural Commission Public Art To: Open call to visual artists. From: Staff Liaison to the Arts and Cultural Commission, City of Corpus Christi Project: Public Artwork, South side fire station (construction is currently underway) Budget: $12,375.00; to cover all costs associated+vith design, fabrication, transportation and installation of the artwork (includes all artist expenses) Application Deadline; All materials pertaining to the proposal must be received by 5:00 p.m., August 29, 2007 A. PROJECT DESCRIPTION The City of Corpus Christi Arts and Cultural Commission issues an open call to artists. One or more artists will be selected to design, create, transport, and install a free - standing sculpture (steel, bronze, etc.) or wall- mounted (tile, Kaim painted, Bas - relief, etc.) work of art on the grounds of a new fire station located in the south side area of Corpus Christi on the corner of Yorktown Road and Bill Witt Park (completion is expected to be in March of 2008). The art selection panel will only consider work that is durable and can withstand exposure to high winds, heat, sun, salt and rain, and will be expected to last for no less than twenty years. The Art Selection Panel has designated two potential sites, one of which is compatible for 2 -D work and one for 3 -13 work. The following guidelines should also be considered for both sites: For 22D work, there is a pediment location that is being encouraged for display; all artwork must be highly visible from the street; the artwork could serve as a memorial for fallen firemen; the artwork will be illuminated at night; work can be previously completed or site specific. For 3_D work, there is the possibility for a concrete circle to surround the structure at a future date; all artwork must be highly visible from the street; the artwork could serve as a memorial for fallen firemen; the artwork will be illuminated at night; work can be previously completed or site specific. A e3 1 0,Y i —194— B. ARTIST ELIGIBILITY All interested artists who meet the minimum qualifications (see Selection Process bellow for eligibly) should submit the following materials: Materials and number of copies to be sent; • One (1) disk of digital images with one (I) annotated image reference sheet; or One (1) sheet of (10) numbered slides with one (1) annotated slide reference sheet. • One (1) signed letter of interest • One (1) copy of current professional resume. Please include contact information of four individuals familiar with your work, including e-mails • One (1) self- addressed, stamped envelope for return of materials Materials may be mailed to: Arts and Cultural Commission City of Corpus Christi 1581 N. Chaparral Street Corpus Christi, TX 78401 Attn: Joe Pella Public Arts Manager Materials may also be hand - delivered to the Park and Recreation Department, First Floor, City Hall, 1201 Leopard St., Corpus Christi, Texas, 78401. Hand - delivered items must receive a date- stamped receipt at the front desk of the Park and Recreation Department offices. If mailed, the materials must arrive by August 29, 2007. If hand - delivered, they must be date - stamped by 5:00 p.m., August 29, 2007. For more information, contact Joe Pella at (361) 826 -3414 or via email at ioenen@cctexas.com The Corpus Christi Arts and Cultural Commission cannot be responsible for lost, missing, or damaged materials. C. SELECTION PROCESS The artist(s) will be selected under the auspices of the City of Corpus Christi Public Art Ordinance and the Policies and Guidelines that it authorizes. Eligibility requirements for each project will be established by the Visual Arts Committee, 1. Artists will be selected on the basis of their qualifications, as demonstrated by past work, appropriateness of the proposal to the particular project, and its probability of successful completion. C—xtn; o- A pg 2 0.r 3 —195— 2. Specifically excluded are works of art done by: students under the supervision of art instructors or done to satisfy course requirements; the design architect or members of the design architect's fine; City employees and; artists who are members of, or related to members of, the Corpus Christi Municipal Arts Commission. The Art Selection Panel will consist of a quorum of two voting professionals and two voting community representatives. They will be assisted by an advisory member representing the project architectural firm, and by an ACC member. The panel's recommendation will be forwarded to the Arts. and Cultural Commission for approval and, in turn, recommended to the City Council for final approval. A contract between the artist(s) and the City will be executed upon City Council approval. The Art Selection Panel is not obligated to select any of the work proposed. Selection will be based on the majority vote of the panel members. The ACC member assigned to the project will vote only in the case of a tie. While the Art Selection Panel may agree to ask specific artists to submit proposals, this project is being conducted as a regional competition. The Art Selection Panel will review all submitted materials received by 5:00 p.m.. August 29. 2007. The selection will be based on artistic and technical excellence, professional experience, and suitability of the artwork to the project and its construction schedule. On August 30. 2097, the Art Selection Panel will view all materials received on or before August 29. 2007, to decide what will or will not work for this project. Following the initial viewing, the artists whose materials were judged appropriate for this project will advance to the next step. The packets of those artists no longer being considered will be returned unless otherwise stipulated by the artist. On September 6.2007, one week after the first viewing, the panel will meet to review the slides and go over all other materials submitted by those artists still being considered, and (if possible) select two finalists and an alternate. During the following week, references will be contacted. Date to be determined, the panel will meet to select an artist to invite to Corpus Christi. During the visit the artist will meet and interview with the selection panel and become familiar with the site and the City. Date to be determined, The Art Selection Panel will recommend final selection of the artist to the Arts and Cultural Commission. The Commission will, in turn, make its recommendation to City Council. 5/8/07 RFP Soulhslde fire station artwork selection Ex∎n eft A- 'es 3 01) 3 —196— 5 Option 1: Turnkey C—xte�Gr �oc 119 I et f9 SOUTHSID6 FIRR.STATIt✓N * 17 CITY OPit7ORPUS CHRISTI SCULPTURE} l'-0" SOUTHSIDE FIRE STATION # 17 CITY OF CORPUS CHRISTI W W D I- a. r D 0 0 Option I Cm PROJECT / 6169 September 12, 2007 James Hetherington Sculptor P 0 Box 6403 San Antonio, TX 78209 210 831 2527 James @JHeth erl ngton.com .E4n 1'!1- - pc) 2 of Z -199- 1 "= 1' I 0 I 2 Page 13 of 14 EXHIBIT D I. ARTIST'S INSURANCE REQUIRMENTS A. Artist must not commence work on the Artwork until all insurance required herein has been obtained and such insurance has been approved by the City. Artist must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Artist must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation, non - renewal, material change or termination is required on all certificates Bodily Injury and Property Damage Per occurrence / aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Fire Damage $1,000,000 COMBINED SINGLE LIMIT PROPERTY INSURANCE 1. Fire and Extended coverage to include theft and vandalism exposures At a minimum, in amounts sufficient to cover the loss of materials paid for by the City while in the Artists' possession and control, in addition to the Artist's property TRANSPORTATION / INSTALLATION INSURANCE 1. During transportation of the artwork from the Artist's studio to Corpus Christi, TX 2. During the installation of the artwork at the Site In amounts sufficient to cover the replacement cost of the artwork In amounts sufficient to cover the replacement cost of the artwork 1-1:1LEG- DIR1Lisa1200B Parks and Recreation\Firestation #17 artist Contract v4.doc —200— Page 14 of 14 WORKERS' COMPENSATION EMPLOYERS' LIABILITY Required for installation of Artwork on site MUST COMPLY WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 C. In the event of accidents of any :kind, Artist must furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS' A. Artist must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred by the Artist will be promptly met. In lieu of Workers' compensation coverage, the Artist may execute attached Release and Covenant Not to Sue. B. Certificate of Insurance: 1. The City of Corpus Christi must be named as an additional insured on the General liability coverage, and a blanket waiver of subrogation is required on all applicable policies. 2. 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. 3. The name of the project must be listed under "Description of Operations ". 4. At a minimum, a 30 -day written notice of cancellation, material change, non - renewal or termination 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) -(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1) -(7) are included or excluded. H:1LEG- DIR11Isa12008 Parks and Recreation\Fireslation #17 artist Contract v4.cloc —201— RELEASE OF LIABILITY AND COVENANT NOT TO SUE THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NIECES This Release of Liability and Covenant Not to Sue (hereinafter "Release ") is made by and between James Hetherington and the City of Corpus Christi, Nueces County, Texas, executed on 18 Auci u st 2008 , and is entered into for the purpose of releasing the City of Corpus Christi, its officers, employees, representatives, agents and contractors (herein collectively referred to as "City ") from any and all liability whatsoever arising out of, caused by, or in any way connected with, either proximately or remotely, wholly or in part, participation by James Hetherington in providing professional artist services, which is the subject of the attached contractual agreement ( "Agreement ") between James Hetherington and the City. I, James Hetherington, in exchange for City allowing me to forego the condition of providing a Worker's Compensation insurance policy as a requirement of the Agreement, do hereby voluntarily enter into the following covenants: 1. I acknowledge that I, individually, employ no other workers than myself. I covenant that I will not enter into an employer- employee relationship with any individual or individuals during the term of the Agreement. I acknowledge that the capacity in which I will be participating in the Agreement is that of an independent contractor and not as an employee or agent of the City. I further understand that, as an independent contractor, I will receive no worker's compensation benefits, health benefits, disability benefits, or other insurance benefits which might be available to full time employees of City and that, as an independent contractor, I am fully responsible for incurring the cost of and paying for any medical services that I may require during the term of the Agreement. 2. I understand that I will participate in this Agreement at my own risk and hereby release, waive, and in all ways relinquish any and all present or future claims against City which I, my heirs, successors, assigns, or any other person or entity (collectively, hereinafter "I "), may assert, have, or acquire as a result of any injury, death, damage, or loss whatsoever to myself or my property resulting from, arising out of, or connected with my participation in the Agreement between myself and the City. 3. I hereby so release, waive, and relinquish all such claims, and further covenant not to sue City for any such claim, regardless of whether same may arise from any negligence or gross negligence of City. 4. I understand that there may be risks involved in participating in the Agreement. I assume all such risks, and will rely solely on myself and not the City in determining what those risks are. —202— 5. 1 acknowledge that my services under the Agreement may occur on real property located in the City of Corpus Christi, Nueces County, Texas. It is my intention to completely absolve the City of all potential liability caused by, arising out of, or incident to my work on City real property. 6. I agree that this Release shall apply to all activities during or connected in any way with my participation in the Agreement and my performance thereunder. 7. I agree that this Release shall be governed by and enforceable under the laws of the State of Texas. Venue shall lie in Nueces County, Texas, where this Release was executed. 8. I hereby acknowledge that I have carefully read the foregoing Release of Liability and Covenant Not to Sue, and intending to be legally bound, accept each of its terms. EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the 1 8 day of Au. ust 2008. rJame Address \pate: ___1 • I • A •'• • to io TX 78209 STATE OF T,§ COUNTY OF IS5 a-4S..7" § Before me, £1j-c _ FL; r.e. 1. A , a notary public, on this day personally appeared ---Si rn7C lfci -e -tie=. n , known to me to be the person whose name is subscribed to the foregoing instrurri t and acknowledged to me that he executed the same for the purpose and considers 'on therein expressed. Given under my hand and seal of office this day of fF u i1 I S , 2008. °� laic/ t'C7ALl Notary Public, State of i Z ELVA MIRELES +p' NOTARY PUBLIC STATE OF TEXAS wca�. Exp.01- 24-flu Commission expires: /_ —203— City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BYCITY- PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST All persons or firms seeking to do business with the City must provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for definitions. COMPANY NAME : lames Hetherington P.O. BOX: P O Box 6403 STREET: CITY: San Antonio, TX ZIP: 78209 FIRM IS: 1. Corporation S 2. Partnership ( ) 3. Sole Owner (X) 4. Association ( ) 5. Other ( ) DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "interest" in the above named "firm." Name Job Title and City Department (if known) N/A 2. State the names of each Council Member of the City of Corpus Christi having a "substantial interest" in the above named "firm." Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having a "substantial interest" in fie above named "firm." Name Board, Commission, or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "interest" in the above named "firm." Consultant N/A CERTIFICATE I certify that all information •rovided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure fly information reque ed; d that supplemental statements will be promptly submitted to the City of Corpus C sti, Texas as change occur Certifying Person: James Hethe ngton Title: Artist nn Signature of Certifying Person: ! / : ,Q ( `� D te; August 18, 2008 t=xii; h —204— DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part - time basis, but not as an independent contractor. c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. d. "Interest" Any direct or indirect pecuniary or material benefit in a contract or transaction other than: (1) An interest which is shared by and available to all other persons similarly situated; or (2) A remote or incidental interest which would not increase or decrease materially due to the action of the city or is less than two hundred dollars ($200.00) in value; or (3) An interest of a subcontractor which has no direct contractual relationship with the city, is receiving fair and reasonable compensation, and is not operating as a subterfuge to circumvent the code of ethics; or (4) An interest in real property acquired by the city which could otherwise be accomplished only through eminent domain provided that the property must be acquired for a public purpose andjust compensation must be paid under the Texas Constitution after obtaining an independent appraisal. e. "Substantial Interest" Any interest which has a value of five thousand dollars ($5,000.00) or more or represents ten (10) per cent or more of a person's gross income during the most recent calendar year. f. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. -205- 18 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 9, 2008 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a twenty-year lease agreement with Miracle League of Corpus Christi, Inc. for the use of approximately 1.25 acres on the State School Park site, in consideration of Miracle Field construction, use, and maintenance; providing for severance; and providing for publication. ISSUE: The Miracle Field organization is raising funds to build a Miracle Field for individuals with disabilities on the State School Park Site. In order to begin fundraising and development of the project the organization needs to have a lease in place designating the location of the field. The complex will include a14,000 square foot solid surface baseball field with backstop and fencing. There will be extra wide dugouts, wheelchair accessible bleachers, a concession stand and announcers box. Future improvements could be a scoreboard and stadium lighting. There will be a perimeter security fence to protect the improvements. REQUIRED COUNCIL ACTION: Approval of the lease by City Council. PREVIOUS COUNCIL ACTION: The Parks and Recreation Department applied for a Texas Parks and Wildlife Outdoor Recreation Grant July 2006 for Phase I of the State School Park Master Plan which would include development of a Miracle Field (the grant was never awarded). Council approved of the plan and grant application at their July 25, 2006 meeting. The original State School Park Master Plan was approved by Council in June 2005. Board /Commission Action: The Parks and Recreation Advisory Committee approved the State School Park Master Plan on April 13, 2005 and unanimous support for the Miracle Field Plan on August 16, 2006. FUNDING: There is no city funding recommended for this project. Private donations will fund this project. CONCLUSION AND RECOMMENDATION: It is recommended that City Council approve the twenty year lease for the Miracle Field organization. Sally Gavlik, Director Qvt Parks and Recreation Department Attachments: Background Information —209— BACKGROUND INFORMATION The first Miracle Field was opened in Conyers, George in April 2000. The Rotary Clubs of Rockdale County and Conyers stepped forward to form the Rotary Miracle League Fund, Inc. to raise the funds necessary to build a special complex with facilities that met the unique needs of the Miracle League players. The complex would include a custom - designed field with a cushioned synthetic turf to help prevent injuries, wheelchair accessible dugouts, and a completely flat surface to eliminate any barriers to wheelchair bound or visually impaired players. The Miracle Field concept was presented to the Parks and Recreation Department in July 2006. The department worked with the organizers of the project and determined a site, State School Park, and began to layout the specific location. The Miracle Field organization began working with local businesses including the Hooks to develop the marketing plan, development and construction plans and cost estimates. The group is ready to begin the fundraising so the Miracle Field can become a reality for the citizens of Corpus Christi. —210— Page 1 of 1 ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A TWENTY -YEAR LEASE AGREEMENT WITH THE MIRACLE LEAGUE OF CORPUS CHRISTI, INC. FOR THE USE OF APPROXIMATELY 1.25 ACRES ON THE STATE SCHOOL PARK SITE, IN CONSIDERATION OF MIRACLE FIELD CONSTRUCTION, USE, AND MAINTENANCE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is authorized to execute a twenty - year Lease Agreement with The Miracle League of Corpus Christi, Inc. for the use of approximately 1.25 acres on the State School Park site, in consideration of Miracle Field construction, use, and maintenance. A copy of the lease is on file with the City Secretary. 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 the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. Publication will be made in the official publication of the City of Corpus Christi, as required by the City Charter of the City of Corpus Christi. H \LEG- DIR \Lisa\2008 ORDINANCES\ ORD- authLease- Miracle2adlStateSchool.doc That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel) Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote. Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel) Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: August 29, 2008 By: L✓vi' Lisa Aguilar Assistant City Attorney For City Attorney —212— 1 CONSTRUCTION AND LEASE AGREEMENT WITH THE MIRACLE LEAGUE OF CORPUS CHRISTI, INC. THE STATE OF TEXAS § COUNTY OF NUECES § WHEREAS the Miracle League of Corpus Christi, Inc. desires to use certain areas of City Property located at 1354 Airport Road, Corpus Christi, Texas 78405, to construct and donate to the City an athletic field of approximately 1.25 acres with concession stand and fencing, (Improvements ") as described on attached Exhibit; WHEREAS, the City desires to grant Miracle League permission to lease the Premises described herein to construct the Improvements, and then lease to Miracle League the fields in consideration of the terms and conditions and mutual promises set out below. NOW, THEREFORE, the City and Miracle League agree as follows. Section 1. Premises. This agreement covers property located at 1354 Airport Road and described on the attached and incorporated Exhibit. Section 2. Definitions. Whenever used in this Lease, the following terms shall have the meanings ascribed to them as set forth in this paragraph, to wit: A. Lessee or Miracle League shall mean The Miracle League of Corpus Christi, Inc. a nonprofit Texas corporation, B. City shall mean the City of Corpus Christi, a Texas home -rule municipal corporation. C. City Council shall mean the City Council of the City of Corpus Christi:. D. City Manager shall mean the City Manager of the City, or his designee. E. Parks Director shall mean the City of Corpus Christi Director of Parks and Recreation. F. City Property or Premises shall mean a tract or parcel of land at Airport Road designated as shown on the attached Exhibit, together with all Improvements. G. Effective Date shall mean the 61st date after City Council approval of this agreement. Section 3. Term. —213— 2 This agreement shall commence on the Effective Date and continues for twenty (20) years, unless earlier terminated as herein provided. Section 4. Use of City's Property for Construction of Improvements A. Lessee desires to construct or oversee construction of certain Improvements which are described on the attached Exhibit. In consideration of the construction of Improvements and donation to City, City grants to Lessee during the term of this Agreement the use of certain areas of City property as indicated on Lessee's plans for construction of the Improvements ( "City Property% "). Lessee shall review the construction invoices and shall make payment if the work has been satisfactorily completed. B. When constructing the Improvements, the plans and specifications shall be prepared by state - licensed architects or engineers. The plans and specifications are subject to approval of the City Manager. Construction shall not begin until the City Director of Engineering has reviewed and approved the construction plans and specifications. Lessee agrees to maintain City Property in a sanitary, safe and clean condition during Lessee's use of the City Property. C. Lessee shall require the contractors who are awarded contracts for construction of the Improvements to furnish the following bonds by surety companies authorized to do business in Texas: 1. Payment Bond - A payment bond in the amount of One Hundred Percent (100 %) of the contract for construction of the Improvements shall be furnished for the protection of all persons, firms and corporations who may furnish materials or perform labor. The payment bond shall be made with City and Lessee as an Obligee. 2. Performance Bond - A performance bond in the amount of One Hundred Percent (100%) of the contract for construction of the Improvements shall be furnished covering the faithful performance of the contract. The performance bond shall be made with City as an Obligee. D. Lessee shall include in all construction agreements with Lessee's construction company ( "Contractor") for the Improvements, the following provisions: 1. Contractor does hereby agree to waive all claims, release, indemnify, defend and hold harmless City and all of its officials, officers, agents and employees, in both their public and private capacities, from and against any and all liability, claims, losses, damages, suits, demands or causes of action including all expenses of litigation and /or settlement, court costs and attorney fees which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property occasioned by error, omission, or negligent act of Contractor, its officers, agents, —214— 3 employees, subcontractors, invitees or any other person, arising out of or in connection with the performance of this agreement, and Contractor shall at his or her own cost and expense defend and protect the City of Corpus Christi from any and all such claims and demands. 2. Contractor does hereby agree to waive all claims, release, indemnify, defend and hold harmless the City of Corpus Christi and all of its officials, officers, agents and employees from and against any and all claims, losses, damages, suits, demands or causes of action, and liability of every kind including all expenses of litigation and /or settlement, court costs and attorney fees for injury or death of any person or for loss of, damages to, or loss of use of any property, rising out of or in connection with the performance of this agreement. Such indemnity shall apply whether the claims, losses, damages, suits, demands or causes of action arise in whole or in part from the negligence of the City of Corpus Christi, its officers, officials, agents or employees. It is the express intention of the parties hereto that the indemnity provided for in this paragraph is indemnity by Contractor to indemnify and protect the City of Corpus Christi from the consequences of the City of Corpus Christi's own negligence, where that negligence is a sole or concurring cause of the injury, death or damage. 3. In any and all claims against any party indemnified hereunder by any employee of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation herein provided shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any subcontractor under workman's compensation or other employee benefit acts. E. Lessee shall also require the Contractors, in all Lessee construction agreements for the Improvements to furnish insurance in such amounts as specified below and include in all construction agreements for the Improvements the following language: 1. Prior to commencement of any activity on City of Corpus Christi's property, Contractor shall purchase and maintain during the term of this contract, at its own expense, hereinafter stipulated minimum insurance with companies duly authorized to do business in the State of Texas. Contractor shall not allow any subcontractor to commence work until all similar insurance of the subcontractor has been obtained. All insurance policies provided under this Agreement shall be written on an "occurrence" basis. Workers' Compensation as required by law. —215— 4 Employer's Liability Insurance of not less than $500,000.00 for each accident, $500,000.00 disease for each employee, $500,000.00 disease as policy limit. Commercial General Liability Insurance, including Independent Contractors Liability, Products/Completed Operations and Contractual Liability, covering, but not limited to the indemnification provisions of this contract, fully insuring Contractor's liability for injury to or death of employees of the City of Corpus Christi and third parties, extended to include personal injury liability coverage, and for damage to property of third parties, with a combined bodily injury and property damage minimum limit of $1,000,000 per occurrence. Comprehensive Automobile and Truck Liability Insurance covering owned, hired and non -owned vehicles, with a combined single limit of $1,000,000 per occurrence. Builder's Risk. The Contractor shall purchase an All Risk builder's risk policy in the amount of the construction cost of the concession stand and fencing for the duration of this project. 2. It is agreed by all parties to this Agreement that the insurance required under this Agreement shall: a. Be written with the City of Corpus Christi and Lessee as additional insured on applicable policies and that the policy phrase "other insurance" shall not apply to the City of Corpus Christi where the City of Corpus Christi is an additional insured shown on the policy. b. Provide for thirty (30) days written notice of cancellation to the City of Corpus Christi, material change or any other cause. c. Be written through companies duly authorized to transact that class of insurance in the State of Texas. d. Waive subrogation rights for loss or damage so that insurers have no right to recovery or subrogation against the City of Corpus Christi, it being the intention that the required insurance policies shall protect all parties to the Agreement and be primary coverage for all losses covered by the policies. e. Provide a Certificate of Insurance evidencing the required coverages to: City Manager City of Corpus Christi —216— 5 Post Office Box 9277 Corpus Christi, Texas 78469 -9277 Risk and Safety Manager City of Corpus Christi Post Office Box 9277 Corpus Christi, Texas 78469 -9277 F. Lessee agrees that all work to be performed by it or its con_ tractors, including all workmanship and materials, shall be of first -class quality and shall be performed in full compliance and in accordance with all federal, state and local laws, ordinances, codes and regulations, and such work shall be subject to City inspection during the performance thereof and after it is completed. However, the City shall have no duty to inspect. G. Lessee shall discharge all obligations to contractors, subcontractors, materialmen, workmen and /or other persons for all work performed and for materials furnished for or on account of Lessee as such obligations mature. Lessee expressly agrees that it will neither give nor grant, nor purport to give or grant any mechanic's or materialmen's lien upon the CITY's property or upon any Improvements thereupon in the process of construction or repair, nor allow any condition to exist or situation to develop whereby any party should be entitled, as a matter of law, to a mechanic's or materialmen's lien against the City's property or Improvements thereon, and Lessee shall discharge any such lien within thirty (30) days after notice of filing thereof. H. All plans and specifications referred to above and all construction upon the City's property shall comply with all applicable federal, state or municipal laws, ordinances, rules, regulations and requirements. During the progress of all work, City's duly authorized representative may enter upon the premises and make such inspections as may be reasonably necessary for the purpose of satisfying City that the work or construction meets the requirements or standards. I. Lessee shall conduct its operations under this Agreement in an orderly and proper manner, considering the nature of such operation, so as not to unreasonably annoy, disturb, or endanger others. J. Before any work on City property begins, Lessee shall present the City Director of Engineering, the City Risk Manager or designee, and the City Manager with evidence of Contractor's insurance coverages, and City building and construction permits. K. Lessee shall have the right to obtain ingress and egress to and from the area designated for construction of the Improvements by means of all existing roadways or accessways, to be used in common with others having rights of passage. M. MATERIAL AND WORKMANSHIP: —217— 6 (a) Lessee agrees that all equipment, material, and articles into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. Lessee may, at its option, use any equipment, material, article, or process that, in the judgment of the City Director of Parks and Recreation, is equal to that named in the specifications, unless otherwise specifically provided in this contract. (b) Lessee shall obtain City Director of Parks and Recreation ( "City Representative ") approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the City Representative the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the City Representative, the Lessee shall also obtain the City Representative's approval of the material or articles which the Lessee or its Contractor contemplates incorporating into the work. When requesting approval, the Lessee shall provide full information concerning the material or articles. When directed to do so, the Lessee shall submit samples for approval at the Lessee's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection. (c) All work under this contract shall be performed in a skillful and workmanlike manner. The City Representative may require, in writing, that the Lessee remove from the work any employee the City Representative deems incompetent, careless, or otherwise objectionable. A one year warranty on workmanship is required. N. Date for construction completion. If initial construction for its intended use as a Miracle Field is not completed within 24 months from the Effective Date of this Agreement, then the Lessee shall be considered to be in breach of this Agreement, and the City may terminate this Agreement upon notice to Lessee, without penalty to City, and City may additionally pursue all remedies under law. However, in -kind work will not be subject to penalty or constraint of days to complete. O. Cost of construction of the Improvements. The complete cost of developing all necessary plans and specifications and the cost of construction of the Improvements by LESSEE shall be borne solely by LESSEE and be at no expense to City whatsoever. Section 5. Ownership of Improvements After Completion of Construction. Upon completion of the Improvements, LESSEE donates the Improvements to City. The Improvements are considered completed when accepted in writing by the City Parks and Recreation Director. Any warranties given to the LESSEE regarding the Improvements shall be transferred and assigned to City at the same time as the Improvements are transferred to the City. —218— 7 Section 6. Purpose of Lease of Improvements after Completion of Construction Upon completion of the construction after Notice to Proceed from the Parks Director, the City shall lease the Premises to Lessee ( "Leased Premises ") for the remainder of the Term section described above, for Lessee to provide sports programs for the citizens of Corpus Christi. Lessee may not use the Leased Premises for any other purpose without the prior written approval of the Parks Director. The Lessee's use of the Leased Premises is subject to the terms and conditions of this Agreement, including attached Exhibits. - Section 7. Damage or Destruction In the event of damage or destruction to the Improvements or Leased Premises, City shall have no obligation to repair or rebuild the Improvements or Leased Premises or any fixtures, equipment or other personal property installed by Lessee. However, if said damage or destruction occurs prior to completion of the construction of the Improvements, any insurance proceeds from any casualty loss shall be applied to the repair or rebuilding of the Improvements, which will be the extent of Lessee's obligation for repair. If such damage or destruction renders the Improvements unusable or unsafe as determined by the City Manager in his sole discretion, then upon City Manager's written notice to Lessee, this Agreement terminates immediately without penalty to the City. Any damage caused by City will be reviewed by the City Risk Management office. Section 8. Termination. In addition to provisions set forth elsewhere in this Agreement, the Agreement may be terminated as follows: (A) If there is noncompliance with one or more of the provisions contained herein, the Parks Director may give Lessee written notice to cure or begin curing the default(s) within thirty (30) days of receipt of the notice. If Lessee is not in compliance or in substantial compliance with each provision identified by the Parks Director within thirty (30) days of receiving said notice, or if such noncompliance reasonably requires additional time if Lessee is not proceeding diligently with curing the default(s), the City Manager may terminate this Lease for cause without penalty by providing written notice of termination and listing one or more areas of continued noncompliance. Section 9. Surrender. Upon termination of this Agreement, Lessee shall retum the Premises to City in as good condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Lessee is without fault. —219— 8 Section 10. Maintenance of Leased Premises. While construction is ongoing, City shall mow the Premises. After completion of construction as described above, Lessee must maintain the Premises and Leased Premises including the mowing and collecting litter as directed in writing by the Parks Director. Section 11. Bylaws & Officer Contact List. Attached as Exhibit is a certified copy of Lessee's Bylaws, Schedule of activities, Hours and Terms of Operation, Membership and User Fees. Lessee agrees to annually submit its list of Officers and Board of Directors to the Parks Director, including name, title, address and phone number. Section 12. Responsibility for activities on Premises and Leased Premises. A. Lessee and its members are solely and exclusively responsible for all activities on the Premises and Leased Premises and have control of the Premises. The City has no_.,... responsibility for safety or any activity on the Premises. Lessee is solely responsible for safety of all activities on the Premises. B. Maintenance. Lessee must maintain the Premises. If Lessee fails to maintain the Premises, or fails to perform repairs in a timely manner, City may do so and bill Lessee. Lessee must pay City within 30 days of invoice. Maintenance includes at a minimum: (1) Lessee shall pick up and properly dispose of litter on daily basis whenever the Premises are being used and weekly during rest of the year. (2) Lessee shall keep the Premises (including any buildings, temporary or permanent) operational and in good repair, including but not limited to maintaining the infield, and cleaning and maintaining interior of building. (3) Lessee shall keep bleachers safe and in good repair. Lessee must repair the bleachers within 72 hours after need for repair is or should have been discovered. (4) Lessee must immediately report any vandalism to the Parks Director or designee and Corpus Christi Police Department. (5) Lessee must keep any parking areas and access road within the Premises free of debris, properly designated and ensure that parking is confined to designated areas. (6) Lessee must maintain the Premises. Lessee shall maintain the grass at safe height not to exceed six (6) inches. Lessee will water the Premises, in compliance with any City designated drought plan. C. Registration. Lessee will promote its programs so that the public is aware of the Lessee's activities. Lessee will conduct all registrations, take all fees, schedule all games, including makeup games and playoff games, and provide trophies for teams in each league. —220— 9 D. Utilities. Lessee must install and pay for its own utility meters and Lessee must have all utility service providers bill Lessee for all utilities, including but not limited to telephone, electricity, water, wastewater, gas, solid waste. F. Field Playability. The City reserves the right to cancel play at the Leased Premises when field conditions, as determined by Parks Director or designee, may cause player injury or damages to Leased Premises. Section 13. Alterations. Lessee may not make any alterations, additions or improvements, to, in or about the Leased Premises without prior written consent of the Parks Director. All approved alterations, improvements, and additions made by Lessee upon the Leased Premises, although at Lessee's expense, shall become the property of the City in fee simple without any other action or process of law at the end of this Agreement. Section 14. Tax. Lessee shall be responsible for any taxes, special assessments, or levies, if any, assessed during the term against or relating to the Improvements, including ad valorem taxes pursuant to the Texas Property Tax Code, throughout term of this Agreement. Lessee must provide proof of payment upon request of Parks Director. Lessee shall establish and maintain its non - profit status for tax exemption purposes. Section 15. Assignment and Subleasing. Lessee must not assign, encumber or sublease this Agreement, without prior written consent of the City Manager. Any attempted assignment or sublet without prior written consent renders this Lease void. Section 16. Payment for Utilities. Lessee must pay for all utilities used by it or for any activity sponsored by Lessee on the Premises on or prior to the due date for payment. Failure to pay any utility bill on or prior to the due date is grounds for termination of this Lease. Section 17. Signs. (A) Lessee must not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering (Signs) on the Premises or on any Improvements without the Director's prior written approval. (B) If Signs are approved, the Director, in writing, may require Lessee to remove, repair, or repaint any Signs. If the Signs are not removed, repaired, or repainted within ten (10) days of the Director's written demand, —221— 10 the City may do or cause the work to be done, and Lessee must pay the City's costs within thirty (30) days of receipt of Director's invoice. Failure to pay the City's costs within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Section 18. Advertising. The Director has the right to prohibit any advertising by Lessee which impairs the reputation of the Premises or the City. Section 19. Security. Lessee shall contract and pay for any and all security it requires at the Premises during the term of this Lease. Section 20. Inspection. The City Manager and the Director, or their respective designee, has the right to inspect the Premises and /or the Improvements at any time during the term of this Lease. If an inspection reveals that maintenance is not being properly carried out, the Director, or his designee, may provide written notice to Lessee demanding compliance. If Lessee has not complied within five (5) days after receipt of the demand, the City may undertake the work and Lessee shall pay the City's cost plus ten percent (10 %) overhead within thirty (30) days of receipt of the Director's invoice. Failure to pay the City's invoice for maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 21. Non - Discrimination. Lessee shall not discriminate nor permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The City Manager, or his designee, retains the right to take such action as the United States may direct to enforce this non- discrimination covenant. Section 22. Compliance with Laws. (A) Lessee must comply with all 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. This Lease is also subject to applicable provisions of the City Charter. (B) All actions brought to enforce compliance with any law or to enforce any provision of this Lease will be brought in Nueces County where this Lease was executed and will be performed. Section 23. Costs. Noncompliance with the terms herein may result in termination of this Lease and repossession of the Premises and its Improvements by the City or its —222— 11 agents. If the City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, Lessee must pay all of the City's court costs and ex- penses, including reasonable attorneys' fees. Section 24. Indemnity. Lessee covenants to fully indemnify, save, and hold harmless the City, its officers, employees, representatives, and agents (collectively, Indemnitees) from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers compensation and death claims), or property loss or damage of any kind whatsoever, to the extent any damage or injury may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, (1) the existence, use, operation, maintenance, alteration, or repair of Premises and the Lessee's program; (2) the exercise of rights under this Lease; (3) an act or omission, negligence, or misconduct on the part of other persons having involvement in, participation with, or business with the Premises, Lessee, or the Lessee's program whether authorized with the express or implied invitation or permission of Lessee (collectively, Lessee's Invitees) entering upon the Premises or its Improvements pursuant to this Lease, or trespassers entering upon the Premises or its Improvements during Lessee's use or physical occupation of the Premises; or (4) due to any of the hazards associated with sporting events, training, or practice as a spectator or participant and including any injury or damage in any other way and including all expenses arising from litigation, court costs, and attorneys fees, which arise, or are claimed to arise from, out of, or in connection with the asserted or recovered incident. Lessee covenants and agrees that if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, —223— 12 attend to their settlement or other disposition, defend City in all actions based thereon with counsel satisfactory to lndemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Section 25. Insurance. (A) Lessee must secure and maintain at Lessee's expense, during the term of this Lease, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit B, which is attached hereto and incorporated herein by reference. Failure to maintain such insurance at the limits and requirements shown on Exhibit B constitutes grounds for termination of this Lease. (B) Lessee must provide proof, by Certificate of Insurance meeting the limits and requirements set out in Exhibit B ", to the Director and Risk Management or designee prior to commencing use of the Premises under this Lease. (C) Lessee must provide the Director and Risk Management thirty (30) days written notice of cancellation, intent not to renew, or material change of any insurance coverages required herein. (D) Lessee shall, during the term of this Lease, provide copies of all insurance policies to the City Manager or the Director upon written request. (E) Lessee shall, prior to any addition or alteration to the Premises or to the Improvements, obtain clearance, in writing, from Risk Management, Section 26. Furniture, Fixtures and Equipment. City has no responsibility to furnish any equipment or furnishings for Lessee. Parks Director retains right to approve all furnishings, and fixtures that may be installed in the Premises, prior to installation. At end of the Agreement, any property remaining on the Premises shall revert to the City for the City's use or disposal. Section 27. Director's Right to Access Premises. Lessee shall provide Parks Director with keys to the Premises and a current contact list in event of emergency. Parks Director and designee have right to enter the Premises during regular hours of operation or at anytime in an emergency. Section 28. Insurance. A. Lessee shall carry with an insurance company or companies satisfactory to the City Manager the insurance listed on the attached Exhibit. —224— 13 Section 29. Appropriations. Lessee recognizes that the continuation of any expenditure by-the City, after the close of any fiscal year of the City, shall be subject to appropriations and budget approval providing for such expense as an expenditure in said budget. The City does not represent that said budget item will be actually adopted, said determination being within the sole discretion of the City Council at the time of adoption of such budget. Section 30. Warranty of Title. City does not warrant its title to the Premises. This agreement and the rights and privileges granted Lessee in and to the Premises are subject to all covenants, conditions, restrictions, and exceptions of record or apparent. Nothing contained in this Agreement may be construed to imply the conveyance to Lessee of rights in the Premises that exceed those owned by City. Section 31. Notices. 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; or, (4) by deposit with an overnight express delivery service, for which service has been prepaid. 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. All such communications must only be made to the following: IF TO CITY: City of Corpus Christi Attn: Director of Park & Recreation P. O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 880-3461 Either party may change the address to which notice is sent by using a method set out above. Lessee will notify the City of an address change within thirty (30) days after the address is changed. IF TO LESSEE: Miracle League of Corpus Christi, Inc. Attn: President P. O. Box 531 Corpus Christi, TX 78403 Section 32. Reporting. Lessee shall submit reports listing the number of youth and teams registered by Lessee to play organized sports each year during the term of this Lease. The reports must be submitted to the Director by August 31st of each lease year. Section 33. Amendments. No alterations, changes, or modifications of the terms of this Lease nor the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. The City -225- 14 Manager is authorized to execute amendments which do not change the essential purpose of this Agreement. Section 34. Waiver. (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights hereunder. No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. (C) If any action by the Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. (B) (D) Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an estoppel against the City. It is expressly under- stood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of City to promptly avail itself of said rights and remedies which the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default. Section 35. Force Maieure. No party to this Agreement will be liable for failures or delays in performance due to any cause 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 36. Publication. Lessee agrees to pay the cost of newspaper publication of this Lease and related ordinance as required by the City Charter. Section 37. Ca t�ions. The captions in this Lease are for convenience only, are not a part of this Lease, and do not in any way limit or amplify the terms and provisions of this Lease. Section 38. Severability. A. If, for any reason, 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 —226— Page 15 of 18 term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for 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. B. 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 such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision-as may be possible and be legal, valid; and enforceable, will be added to this Lease automatically. Section 39. Sportsmanship Program. Lessee shall require that all of its coaches and at least one family member of each youth participant shall complete a state or nationally recognized, or Parks Director approved, parent and coach sportsmanship program. Section 40. Complaint Notice. Lessee will post a notice at Premises, in a form approved by the Parks Director, that if any participant or spectator has any complaints or concerns they may contact the City at 880 -3461 and talk to the Parks Director, or designee. Executed in duplicate originals on the day of 2008. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI By: City Manager APPROVED AS TO LEGAL FORM THIS 2 l day of , A e) *N By: , M ! L Lei St: .::1m, Assistant eity Attorney for City Attorney MIRACLE LEAGUE OF CORPUS CHRISTI, INC. By: Name: Title: Date: r dr. —227— , 2008. Page 16 of 18 STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on the r32' day of LLt,c -1- , 2008, by 13 r Iaf1 carte�} President of Miracle League of Corpus Christi, Inc., a Texas nonprofit corporation, on behalf of the corporation. Notary Public, State of Texas: * 4 Gla7d; Printed Name: 0 ) 54 !.J('-LeZ CA/ Commission expires: ? )1i Ise -228- aAR'Cy,� Sys OLGA DELACRUZ Notary Public, State of Texas % My Commission Expires ling Nolo. August 19, 2009 Page 17 of 18 EXHIBIT A Property Description either survey or metes and bounds —229— LEGAL DESCRIPTION 0.98 ACRE TRACT EXHIBIT "A" BEING A 0.98 ACRE TRACT OF LAND OUT OF LOT G, CLIFF MAUS TRACTS "C,D.E.F AND G" A MAP OF WHICH IS RECORDED IN VOLUME 27, PAGE 95, MAP RECORDS OF NUECES COUNTY, TEXAS, ALSO BEING OUT OF A 91.70 ACRE TRACT OF LAND AS DESCRIBED IN DOCUMENT NUMBER 2002010930, OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING at a 5/8" iron rod found for the northwest corner of said 91.70 acre tract, said corner being on the east right -of -way line of Airport Road, Thence North 88 °29'47" East with the north line of said 91.70 acre tract, a distance of 548.05 feet to the POINT OF BEGINNING for this herein described 0.98 acre tract of land; Thence North 88 °29'47" East, with the north line of said 91.70 acre tract, a distance of 215.00 feet to a point for corner; Thence South 01°30' 13" East, across said 91.70 acre tract, and perpendicular to said last course, a distance of 125.00 feet to a point for corner; Thence South 48 °27'58" West, across said 91.70 acre tract, a distance of 163.25 feet to a point for corner; Thence South 88 °29'47 West, across said 91.70 acre tract, and parallel with its' north line, a distance of 90.00 feet to a point for comer; Thence North 01°30'13" West, across said 91.70 acre tract, a distance oF 230.00 feet to the POINT OF BEGINNING and containing 42,888 square feet or 0.98 acre. NOTE: ALL BEARINGS ARE GRID BEARINGS BASED ON THE. TEXAS COORDINATE SYSTEM FOR TI IF. LAMBERT SOUTI I ZONE (NAD 1983) AND ALL DISTANCES ARE TRUE DISTANCES. Larry A. .her, RPLS Registere' 'rofessional Land Surveyor Texas Registration No. 4147 Naismith Engineering, Inc. Date: ,J1 SI Zooe L:'t.LAV D.8040` \.M$ B'c0.98 ACR ES doe -230- Page 1 of I N88'29'477 548.05' POINT OF COMMENCING 100 50 0 100 200 SCALE IN FEET CORPUS CHRISTI STATE SCHOOL POINT OF BEGINNING N88'29'47 "E 215.00' 91.70 ACRES DOC. # 2002010930 O. P. R., N.C., TX. NOTE: All RFARTNOS ARF GRID REARING' RASrD ON THE TEXAS COORDINATE SYSTEM FOR THE LANGERT SOUTH ZONE MAD 1983) AND ALL DISTANCES ARE TRUE DISTANCES. I, Larry A. Fisher, Registered Professional Land Surveyor, hereby certify that this survey map was prepared from an actual on the ground survey made under my direction and supervision, and represents the facts found at the time of survey, and that this survey substantially complies with the current standards adopted by the Texas Boa of Professional nd Surveying. Larry A. , er. R.P.L.S. Registere• rofessional Land Surveyor Texas Registration No. 4147 Date: Jui 84 2,0013 58829'47 "W 90.00' LEGEND: • = 5/8- IRF 0 = CALCULATED POINT EXHIBIT "8" NaismithEngineering,Inc ENGINEERING ENVIRONMENTAL• SURVEYING 0.98 ACRE TRACT OF LAND OUT OF A 91.70 ACRE TRACT OF LAND AS RECORDED IN DOCUMENT # 2002010930 OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TEXAS wm+ev 5KM rev LAF S'a '..=IOU ° MIRACLELEAO u.�ae Pesaro 8000 m. 97I16N8 0 ..'. EXHIBIT B INSURANCE REQUIREMENTS LESSEE'S LIABILITY INSURANCE Page 18 of 18 A. Lessee must not commence work under this agreement until insurance required herein has been obtained and such insurance has been approved by the City. 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 City's Risk Manager, (two) 2 copies of Certificates of Insurance, with the City named as an additional insured for all liability policies. A blanket waiver of subrogation is required on all applicable policies showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day written notice of cancellation, material change, non - renewal or termination is required on all certificates Bodily Injury and Property Damage Per occurrence / aggregate Commercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury $1,000,000 COMBINED SINGLE LIMIT LIQUOR LIABILITY COVERAGE If liquor being served $1,000,000 COMBINED SINGLE LIMIT C. In the event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all reports of any accidents within ten (10) day of any accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: * The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation is also required. 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 project must be listed under "Description of Operations" * At a minimum, a 30 -day written notice of cancellation, material change, non - renewal or termination and a 10 day written notice of cancellation for non - payment of premium is required. 2008 Miracle League lease ins. req. 6 -19 -08 ep Risk Management -232- Exhibit C DESCRIPTION OF IMPROVEMENTS TO BE CONSTRUCTED 14,000 square foot solid surface baseball field with backstop and fencing. There will be extra wide dugouts, wheelchair accessible bleachers, a concession stand and announcers box. Future improvements could be a scoreboard and stadium lighting. There will be a perimeter security fence to protect the improvements. —233— 19 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 9/9/08 AGENDA ITEM: An Ordinance amending the Code of Ordinances Chapter 33, by enacting a new section, Section 33 -17, Pre - payment required for gasoline or diesel fuel dispensed at a retail fuel business, to require businesses selling gasoline or diesel fuel to individual customers to provide for pre - payment of the sale before fuel may be pumped; providing for severance; providing for publication; and providing for penalties. ISSUE: The ordinance addresses the rising number of gasoline thefts occurring in the City as fuel prices continue to increase. REQUIRED COUNCIL ACTION: Passing of the ordinance. PREVIOUS COUNCIL ACTION: None. FUNDING: No funding is involved. CONCLUSION AND RECOMMENDATION: Staff recommends passing of the ordinance. Attachments: • Ordinance —237— Bryan P. Smith Chief of Police BACKGROUND INFORMATION With the high price of gasoline, many people have resorted to stealing gas after pumping it into their vehicle at a retail gas station. These thefts have a big impact on the City's resources. Not only is there the loss of revenue from the retail fuel provider, but the time and expense of investigating them by Corpus Christi Police Department is significant. These incidents detract from the proactive policing efforts with regard to other community matters and more serious crime. Requiring payment for the gasoline prior to pumping the gas into a vehicle appears to be the most logical solution and is a process already being voluntarily implemented by many fuel retailers in the U.S. and Canada. Locally, with the number of these thefts in the thousands each year, requiring the pre - payment for gas is in the best interest of the City and its citizens as it promotes public safety and community welfare. Many cities across the country have already passed similar ordinances. Texas cities with pre -pay ordinances include El Paso, Flower Mound, Lewisville, and Burleson. Other cities are in the process of reviewing ordinances such as San Angelo and Corsicana. In the coastal bend Rockport, Aransas Pass, and Alice have passed ordinances in the past year. -238- ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 33, BY ENACTING A NEW SECTION, SECTION 33 -17, PRE - PAYMENT REQUIRED FOR GASOLINE OR DIESEL FUEL DISPENSED AT A RETAIL FUEL BUSINESS, TO REQUIRE BUSINESSES SELLING GASOLINE OR DIESEL FUEL TO INDIVIDUAL CUSTOMERS TO PROVIDE FOR PRE - PAYMENT OF THE SALE BEFORE FUEL MAY BE PUMPED; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR PENALTIES. WHEREAS, a significant number of motorists in Corpus Christi are filling their fuel tanks and driving off without paying; and WHEREAS, crime statistics for the City reveal several thousand drive -off thefts over the past few years; and WHEREAS, the Corpus Christi Police Department (CCPD) expends significant time and expense in investigating these incidents; and WHEREAS, the time and expense of the CCPD investigating these incidents detracts from proactive policing opportunities regarding other community matters and more serious crimes; and WHEREAS, the necessary investigations result in significant costs to the City and its taxpayers; and WHEREAS, fuel thefts have the potential of escalating to more serious crimes and create a greater risk of harm to the victim, officers, offender and to the general public; and WHEREAS, fuel thefts seriously and significantly result in loss of revenues to owners and operators of gasoline stations; and WHEREAS, requiring pre - payment for fuel is in the best interest of the City and its citizens and is designed to promote the public safety and welfare of its citizens; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That Chapter 33, Offenses and miscellaneous provisions, of the Code of Ordinances of the City of Corpus Christi is amended by adding Sections 33 -17, Pre - payment required for gasoline or diesel fuel dispensed at a retail fuel business, to read as follows: —239— Sec. 33 -17. Pre- payment required for gasoline or diesel fuel dispensed at a retail fuel business. The following words, terms and phrases when used in this section, shall have the meaninas ascribed to them in this section, except where the context clearly indicates a different meanina: (a) Definitions: Employee means persons) other than the owner or manager /supervisor employed to perform services on the premises of a retail fuel business who have no supervisory responsibilities. Manager /supervisor means the person(s) granted authority or responsibility by the owner for the operations of the retail fuel business. Owner means the individual, group, corporation, partnership, joint venture, or other group or entity that owns a retail fuel business. Payment means payment by any legal means including cash, credit card, debit card, check or otherwise. Presenting a form of payment to be finalized at the conclusion of the transaction shall be considered payment in full. (b) It shall be unlawful for a retail fuel business owner. manager /supervisor, or employee to knowingly: (1) Activate any gasoline or diesel fuel pumpina device prior to receiving payment in full for the gasoline or diesel fuel. (2) Allow or permit any person to dispense gasoline or diesel fuel from a pumping device at a retail fuel business unless the person has first made payment in full. (c) It shall be a defense if the owner, manager /supervisor or employee of a retail fuel business allows the dispensing of gasoline or diesel fuel for repair and /or testing of the dispensina devices used by the retail fuel business. 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. SECTION 4. Penalties are as provided in Section 1-6. —240— That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel' Mike McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Mike McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved as to legal form 40.--,t ZJ , 2008. By: I Joseph Ham Assistant City Attorney For City Attorney -241- 20 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: First reading ordinance amending Section 14 -1341, Platting ordinance fees, Section 55 -70, Adoption of rules, regulations and water and gas fees, and Section 55- 71(b)(2), (3), and (5), Sewer tapping fees, Code of Ordinances, City of Corpus Christi, to Increase or establish fees related to platting and taps; providing for severance; and providing for publication. ISSUE: The City of Corpus Christi Platting Ordinance, Sections V.B.5.e)(2) and V.B.6.e)(2) require that various development fees and charges be annually indexed to the Construction Cost Index published In Engineering News Record magazine. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Attachments: Exhibit A - Background Information.... Exhibit B - Ordinance —245— Bob Nix, AIC ACM of Development Services AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The City of Corpus Christi Platting Ordinance, Sections V.B.5.e)(2) and V.B.6.e)(2) require that various development fees and charges be annually adjusted to reflect corresponding changes in construction costs. The adopted industry standard used to measure variations in these costs is the Construction Cost Index published in Engineering News Record magazine. This cost index factor is a composite nation wide factor based on detailed construction cost surveys for 20 major cities throughout the United States. The published annual change in the composite construction cost index for August, 2008 is +4.4 %. Components of this cost index increase from August, 2007 to August, 2008, include increases of 3.4% for construction labor and 8.2% for construction materials. The resultant changes in fees within Chapters 14 and 55 of the Code of Ordinances are included in the proposed ordinance amendment (Exhibit B). EXHIBIT A —246— Page 1 of 7 AN ORDINANCE AMENDING SECTION 14 -1341, PLATTING ORDINANCE FEES, SECTION 55 -70, ADOPTION OF RULES, REGULATIONS AND WATER AND GAS FEES, AND SECTION 55- 71(b)(2), (3), and (5), SEWER TAPPING FEES, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO INCREASE OR ESTABLISH FEES RELATED TO PLATTING AND TAP; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 14 -1341, Platting ordinance fees, Code of Ordinances, is revised to read as follows: "Sec. 14 -1341. Platting ordinance fees. "This division sets the amounts of the fees required by the platting ordinance. PLATTING ORDINANCE FEES AMOUNT OF FEE Platting application fees Type I or IA < 1 acre $171.00 Type I or IA 1 >= 5 acres $341.00 Type I or IA > 5 acres $554.00 Type II or IIA < 1 acre $512.00 Type II or IIA 1 >= 5 acres $792.00 Type II or IIA > 5 acres $896.00 Type III or IIIA < 1 acre $685.00 Type III or IIIA 1 >= 5 acres $685.00 Type III or IIIA > 5 acres $685.00 Application to extend a plat $38.00 Application to plat single lot subdivision by Engineering Services $60.00 Deposit for review of deed or surveyor field $50.00 PLATTING AND TAP FEE INCREASE ORDINANCE 08202008.DOC —247— Page 2 of 7 notes Hardship variance application fee $160.00 Platting appeal application fee $50.00 Participation agreement $610.00 Deferment agreement fee $1,087.00 Utility easement by separate instrument fee $249.00 Infrastructure trust fund lot & acreage fees Lot fee for water infrastructure $316.00 $330.00 Acreage fee for water infrastructure $1,266709 $1 322.00 Surcharge for water infrastructure $0.00 Lot fee for water infrastructure for single - family or duplex $160 -00 $167.00 Acreage fee for water infrastructure for single - family or duplex $632.00 $660.00 Surcharge for water infrastructure for single - family or duplex $211.00 $223.00 Water distribution line front foot pro rata fee $9.26 $9.67 PIIC water tap fee $480.00 PIIC lot fee for water infrastructure $480.00 PIIC acreage fee for water infrastructure $1,200.00 Lot fee for wastewater infrastructure $345:00 $360.00 Acreage fee for wastewater infrastructure $1,382.00 $1,443.00 PLATTING AND TAP FEE INCREASE ORDINANCE 08202008.DOC —248— Page 3of7 Surcharge for wastewater infrastructure $213.00 $254.00 Easement Fee Collection line front foot pro rata fee $110.72 $11.19 -90 Lot fee for storm water infrastructure $0.00 Acreage fee for storm water infrastructure $0.00 Surcharge for storm water infrastructure $0.00 Front foot pro rata charge $0.00 Request for lot/acreage fee exemption determination $60.00 Reimbursement agreement $535.00 Recording fees City's actual costs SECTION 2. Section 55- 70(9), Adoption of rules, regulations, and water and gas fees, Code of Ordinances, is amended to read as follows: "Sec. 55 -70. Adoption of rules, regulations, and water and gas fees. (9) Fee schedule, water: (a)Inside city limits: Size Street Fee Easement Fee 5/8 inch x 3/4 inch $373 -00 $243 -90 $389.00 $254.00 3/4 inch 38349 2749 410.00 286.00 1 inch 535700 365-90 559.00 381.00 Over 1 inch Special* Special* Loops *, minimum 226.00 226.09 PLATTING AND TAP FEE INCREASE ORDINANCE 08202008.DOC —249— Page 4 of 7 *Denotes costs to be specified by the director of water utilities based on circumstances. - (b)Fees inside the city limits in subdivision in which the developer has installed the service lines when the subdivision was constructed. Size 236.00 236.00 $50449 $566.00 $109.00 Meter moves *, minimum 55 44) 57.00 55.00 57.00 122.00 *Denotes costs to be specified by the director of water utilities based on circumstances. - (b)Fees inside the city limits in subdivision in which the developer has installed the service lines when the subdivision was constructed. Size Fee 5/8 inch x 3/4 inch $50449 $566.00 $109.00 $591.00 3/4 inch 122.00 127.00 590.00 398.09 1 inch Special* *Denotes costs to be specified by the director of water utilities based on circumstances (c)Outside city limits: Size Street Fee Easement Fee 5/8 inch x 3/4 inch $566.00 $36-740 $591.00 $383.00 3/4 inch 590.00 398.09 616.00 416.00 1 inch 812.00 535.00 848.00 559.00 Over 1 inch Special* Special* Special* Loops *, minimum 339.00 339.00 354.00 354.00 Meter moves *, minimum 30.80 84.00 80-00 84.00 *Denotes costs to be specified by the director of water utilities based on circumstances. PLATTING AND TAP FEE INCREASE ORDINANCE 08202008.DOC —250— Page 5 of 7 (d)Fees outside the city limits in subdivision in which the developer has installed the service lines when the subdivision was constructed. Size Fee 5/8 inch x 3/4 inch $494:00 $109.00 3/4 inch 42240 127.00 1 inch Special* *Denotes costs to be specified by the director of water utilities based on circumstances. SECTION 3. Section 55- 71(b)(2), (3), and (5), Code of Ordinances, are revised to read as follows: "Sec. 49 -12. Sewer tapping fees. "(b) House service line tap charge: "(2) House sewer connections to be constructed in easements applied-for-after July 1, 1985 shall be charged at a rate of dollars ($768 -00) eight hundred two dollars ($802.00), except as otherwise herein provided. "(3) House service connections to be constructed in streets 1, 1985 shall be charged at a rate of one thousand two hundred seventy two dollars ($1,272.00) except as otherwise herein provided. "(5) For sewers in streets of new subdivisions in which house services are already installed to the property line and where final connection is to be made by a plumber, a fee of :. • a.• • one hundred two dollars ($102.00) . This fee is to cover the cost of recording and inspecting the sewer tap PLATTING AND TAP FEE INCREASE ORDINANCE 08202008.DOC —251— Page 6 of 7 SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 5. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. PLATTING AND TAP FEE INCREASE ORDINANCE 08202008.DOC —252— Page 7 of 7 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary APPROVED: 7 day of August, 2008: Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon R. ning ' First Assistant City Attorney For City Attorney day of , 2008. Platting and Tap Fee Increase Ordinance 08202008.doc -253- Henry Garrett Mayor 21 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 33, OFFENSES AND MISCELLANEOUS PROVISIONS, TO ESTABLISH ARTICLE VIII, REGARDING RULES OF OPERATION FOR CITY MAINTAINED CEMETERIES; 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. Chapter 33 of the Code of Ordinances is amended by establishing new Article VIII, to read as follows: "Article VIII. Rules of operation for City - maintained cemeteries. "Sec. 33 -119. General. (a) These rules and regulations are similar to those adopted by the U.S. Department of Veteran Affairs for maintenance of federal cemeteries. These rules and regulations are for the peaceful operation of all cemeteries maintained by the City, ( "Cemetery"), as cemeteries are traditionally maintained as tranquil places. (b) The following cemeteries are maintained by the City: Old Bayview Cemetery located at the corner of Ramirez Street and Waco Street, and a.cemetery known as New Bayview Cemetery located at corner of Kennedy Avenue and Winnebago Street. (c) Each cemetery maintained by the City is closed to future burials. Sec. 33 -120. Administration. All administrative matters pertaining to the operation of the Cemetery shall be under the direction of the City Manager or his designee. Sec. 33 -121. Cemetery Care (a) The City of Corpus Christi shall rovide for the continuing maintenance of the Cemetery. In general, this includes: mowing, pruning, landscaping, policing of the grounds, and such other maintenance as may be necessary to keep the Cemetery presentable at all times. (b) Cemetery maintenance does not include the purchase, erection, repair, or replacement of monuments, headstones, markers, or any other item. Sec. 33 -122. Hours of operation and curfew. Each city- maintained cemetery is open to the public from 7:00 AM to 7:00PM. A person commits an offense if he or she enters or remains in the cemetery from 7:01 p.m. to 6:59 a.m. Any person who enters or remains in the Cemetery from 7:01 p.m. to 6:59 a.m. is subject to prosecution for a class C misdemeanor and a fine not to exceed five hundred dollars ($500.00). Sec. 33 -123. Planting and other decorations in the cemetery. (a) Grass, flowers, shrubs, trees, or other types of vegetation shall be planted only by or at the direction of the City Manager or designee. Plantings by individuals are prohibited and shall be removed by the City. (b) Decoration in the Cemetery is limited to the placing of cut flowers at a gravesite. The digging of holes for the placement of flowers is not permitted. (c) The City Manager or his designee shall have the right to remove all flowers when they become withered or unsightly. (d) The City Manager or his designee is empowered to and may enter upon any space within the Cemetery and remove anything that may have been erected or placed thereon contrary to the provisions of this ordinance." —257— SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. 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 4. This Ordinance takes effect on date of second reading. —258— That the foregoing or reading on this the Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly ce was read for day of fir day t time and passed to its second , 2008, by the following vote: Priscilla G. Leal John E. Marez Nelda Martinez A Michael McCutchon / That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary APPROVED as to form: August 18, 2008 By: gidv c, Lisa Aguilar) Assistant ity Attorney For City Attorney -259- Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon day of , 2008. Henry Garrett Mayor CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 26, 2008 AGENDA ITEM: Ordinance amending the Code of Ordinances, Chapter 33, Offenses and Miscellaneous Provisions, to establish Article VIII, regarding rules of operation for City maintained cemeteries; providing for severance; providing for publication; and providing for penalties ISSUE: The Old Bayview Cemetery is a designated historical location that falls within the guidelines as established by the State. In addition, there is another cemetery, "New" Bayview, split by HJ Williams Park, which the Parks and Recreation Department maintains. These rules and regulations are similar to those adopted by the U.S. Department of Veteran Affairs for maintenance of federal cemeteries REQUIRED COUNCIL ACTION: To establish rules of operation for cemeteries maintained by the City, including hours of operation, and permissible grave decoration items. PREVIOUS COUNCIL ACTION: None Board /Commission Action: The Parks and Recreation Advisory Committee meet on August 13th, 2008, and recommended the ordinance be approved as presented. FUNDING: There is no funding required. CONCLUSION AND RECOMMENDATION: It is recommended that the Ordinance be approved designating the Rules and Regulations for Cemetery operations. ally Parks Attachments: Background Information / Map Draft Ordinance -260- it .1 ik, D irector d Recreation Department BACKGROUND INFORMATION The City of Corpus Christi Parks and Recreation Department maintains two cemeteries, 'New' Bayview split by H.J. Williams Park and Old Bayview, which has a historical designation. In an effort to insure that all cemeteries are maintained properly and that the community has equal access, the department is recommending following the rules and regulations similar to those adopted by the U.S. Department of Veteran Affairs for maintenance of federal cemeteries. Due to the age of the gravestones, these cemeteries do not have daily attendance nor are they open for any additional burials. They are used for historical data collection. St 2 �� $ :4)2 zF 443st m° S? y .q St Qya - Antspe.Sr _. Leopard St jJ Sc ` o° a O 'New' Bayview Cemetery P '9oSt` Lj ay Access Rd m R t T, frank St In cc f ply T.; e T. /4„ Old St P t Port AVe —; h Q {{ hest' St Old Bayview Cemetery t7 a age 0 puvief St Belden 52 d Wmneb Buffalo St u Antelope St Antelope St Leopard St -261- 22 Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 3,782.34- SQUARE FOOT PORTION OF THE COLUMBIA PARKWAY PUBLIC STREET RIGHT -OF -WAY, LOCATED JUST SOUTH OF THE TROJAN DRIVE PUBLIC STREET RIGHT -OF -WAY; SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, Members First Bank, ( "Owner ") is requesting the abandonment and vacation of a 3,782.34- square foot portion of the Columbia Parkway public street right - of -way, located just south of the Trojan Drive public street right -of -way to accommodate the replatting of Lot 6, Greenwood Terrace Unit 3 Subdivision; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, August 26, 2008, 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, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the public right -of -way, subject to the provisions below. (Exhibit A) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 3,782.34- square foot portion of the Columbia Parkway public street right -of -way, located just south of the West Point Road public street right -of -way to accommodate the replatting of Lot 6, Greenwood Terrace Unit 3 Subdivision, as recorded in Volume 60, Page 29 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above public right -of -way is conditioned as follows: 1) Staff recommends that the Owner pay the fair market value of $9,535.08 within 30 days of adoption of the street closure ordinance for the abandonment and vacating of the 3,782.34- square foot portion of the Columbia Parkway public street right -of -way. 2) City Gas Department has an existing 6 -inch wrapped steel gas line running through the public right -of -way, and is requiring that the Owner retain a utility easement for that line. 3) Fire Department is requiring that they have continuous access to the property for emergency response. HALEG -DI R \SharedVayVkgenda\2008 \8- 26 \ORD- abandon- vanegOW- ColumbiaParkway- 2reading.doc Page 2 of 3 3) Upon approval by Council and issuance of the ordinance, all grants of street closures must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of building permit and construction, an up -to -date survey, abstracted for all public rights -of -way, easements and items of record, must be submitted to the Assistant City Manager of Development Services. H \LEG- DIR \Shared\Jay\ Agenda\ 2008\ 8- 26 \ORD- abandon_veit¢ ROW- ColumbiaParkway -2 reading.doc Page 3 of 3 That the foregoing ordinance was read /4 the firs time and passed to its second 2008, by the following vote: reading on this the 4i' day of ¢� Henry Garrett Priscilla G. Leal Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly John E. Marez Nelda Martinez Michael McCutchon fG PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa City Secretary APPROVED as to form: August 18, 2008 By: R.JSyZn g First Assistant City Attorney For City Attorney Henry Garrett Mayor H: \LEG- DIR \Shared\Jay\Agenda\ 2008\ 8- 26 \ORD- abandon 7 OIN- ColumbiaParkway- 2reading.doc 1 561'26'54"E 33.18. Lot 2R, Block 1 Greenwood Terrace Vol. 51, Pgs. 83 -84, Mop Records of Nueces County, Texas k5 U.E. (Doc. No. 809445, D. R.N. C.T.) 15'U.E/D.E. id "Point of Beginning' M Co LL') W GV Ir) I' N Z Street Closure 3782.34sf 0.087 Acres LINE BEARING DISTANCE L1 N28'33'06 "E 3.26' Map to Accompany f7ELDNOTES for a street closure (not based on on on- the - ground survey), being a portion of Columbia Parkway, o public roadway, os shown on the recorded plot of Lots 5 and 6, Greenwood Terrace Unit 3, a mop of which is recorded in Volume 60, Page 29, Nap Records of Nueces County, Texas. A= 149'35'35' R= 50.00' T= 183.99' L= 130.54' 45 30 15 0 30 60 Graphic Scale 1"=30' URSA \� ENGINEERING 2725 5717117N ER. 021,16 054611 2945 78104 l (.641851 -5104 far 6161)04 -6021 net DATE: Mar 12, 2008 SCALE: 1 =30' JOB NO.: 41191A7.00 SHEET: 1 of 2 DRAWN BY: XG �91 *0% leT 09 1 911 ! •t I POI 5SR54o5 R'0��a9i319T a0 0�;,�T-9s 1 :� i+9 3•a.r i- � ° <.�� �' AMBASSADOR ROW.`,/ a 5005 5005 500: 5009 50 , f 1r u. r ,. \° 5510 MD! / 5025 0 215 450 Ft . Proposed Public Right of Way Closure Right of Way 450' Buffer :2005 = 'ep.re13; 4153 P]n^ "5 ?. a etoymen1 Senr•ts ROW LOCATION LOCATION MAP -269- CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: August 26, 2008 Public hearing and first reading ordinance to consider abandoning and vacating a 3,782.34- square foot portion of the Columbia Parkway public street right -of -way, located just south of the Trojan Drive public street right -of -way; subject to compliance with the specified conditions. ISSUE: Members First Bank, ("Owner"), is requesting the abandonment and vacation of a 3,782.34 - square foot portion of the Columbia Parkway public street right -of -way, to accommodate the replatting of Lot 6, Greenwood Terrace Unit 3 Subdivision. REQUIRED COUNCIL ACTION: City Charter Article X, Paragraph 9, requires Council approval to abandon and vacate any portion of street rights -of -way. City Charter Article X, Paragraph 11, requires a public hearing prior to the abandonment and vacating of any street rights -of -way. IMPLEMENTATION SCHEDULE: Upon approval by Council and issuance of the ordinance, all grants of street closures must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of building permit and construction, an up -to -date survey, abstracted for all public rights -of -way, easements, and items of record, must be submitted to the Assistant City Manager of Development Services. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map —270— Bob Nix, AICP ACM of Development Services AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Members First Bank, ( "Owner"), is requesting the abandonment and vacation of a 3,782.34- square foot portion of the Columbia Parkway public street right -of -way. Said portion of right -of -way is located just south of the Trojan Drive right -of -way. The dedicated right -of -way to be abandoned and vacated is located in a "B -4" General Business District. The said portion of public right -of -way is part of an existing cul -de -sac on a dead end street and is being abandoned and vacated to accommodate the replatting of Lot 6, Greenwood Terrace Unit 3 Subdivision and development of the property for commercial use. As part of the replatting process, Owners must construct a fire apparatus access road for emergency response accessibility which meets the requirements of the 2003 International Fire Code. Plans to construct a "hammer head" alternate to the typical circular cul -de -sac have been approved and construction has been completed. The right -of -way to be abandoned is the surplus cul -de -sac area resulting from the use of the alternate "hammer head" alignment. Notice of the proposed street right -of -way closure was mailed to 10 property owners within the 450 foot distance from the limits of the right -of -way to be abandoned, as required by the Code of Ordinances, Section 49 -12. No responses were received, regarding the proposed street closure. All public and franchised utilities were contacted regarding this closure request. The Gas Department has an existing 6 -inch wrapped steel gas line running through the public right -of -way, and is requiring that the Owner retain a utility easement for that line. None of the other public or franchised utilities had any objections to the public street right -of -way closure. The street closure went before the Traffic Advisory Committee (TAC) on July 21, 2008, and was approved. The Fire Department has no objection to the public right -of -way closure, as long Owner provides a continuous turnaround access to the property for emergency response. The Owner will be dedicating approximately 936.93- square feet of street right -of- way to provide for the alternate turnaround alignment. Staff recommends that the Owner pay the fair market value of $9,535.08 for the abandonment and vacating of the 3,782.34- square foot portion of the Columbia Parkway public street right -of -way, prior to closure going to City Council. The fair market value fee assessed for the Columbia Parkway street closure is discounted for the retaining of the utility easement, and the dedication of public street right -of- way. As a condition of the public right -of -way closure, the Owner will be required to record all grants of street closures and dedications in the real property Map Records of Nueces County, Texas, within 180 days of adoption of the ordinance for the closure of this section of Columbia Parkway. The Owner has been advised of and concurs with the conditions of the right -of -way abandonment. EXHIBIT A -271- 23 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: September 9, 2008) Case No. 0708 -02, Greenwood - Molina Nursery School, Inc.: A change of zoning from a "R-1B" One - family Dwelling District to an "AB" Professional Office District resulting in a change of land use from residential to commercial on property described as Washington Addition, Block 1, Lot 14, located at 953 National Street across from the Greenwood - Molina Nursery School, Inc. Planning Commission's & Staff's Recommendation: Denial of the "AB" Professional Office District, and in lieu thereof, approval of a "RIB" One - family Dwelling District with a Special Permit to allow a playground on Washington Addition, Block 1, Lot 14, as an accessory use to the childcare center occupying Washington Addition, Block 2, Lots 38, 39, 40, and 41 and subject to following five (5) conditions: 1. Uses: All uses allowed in the "R -1B" One - Family Dwelling District plus an accessory playground use with associated non- motorized playground equipment to serve the childcare center occupying Washington Addition, Block 2, Lots 38, 39, 40, and 41. 2. Screening Fence: A standard 6 foot screening fence is required along the side and rear property lines. An optional non - opaque security fence may be placed along the front property line. 3. Lighting: Any playground lighting must be shielded and directed away from the adjacent residences. 4. Hours of Operation: 8:00 am thru 7:00 pm. 5. Time Limit: Such Special Permit shall be deemed to have expired within 18 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Requested Council Action: Approval of Planning Commission's and Staffs Recommendation. Staff's Summary: • Request: The applicant is requesting a change of zoning on a 9,130 square foot lot from "R -1B" One - Family Dwelling District to "AB" Professional Office District. The proposed use of the property will serve as a playground for children at the Greenwood - Molina Nursery School, Inc. located directly across the street and zoned an "AB" Professional Office District. The capacity of the Nursery School is 144 children, ages 18 months to 12 years and is open from 6:30 am to 11:30 pm. • The "R -1B" One - Family Dwelling District provides for single - family residential development of moderately spacious character together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. The "R -1B" District requires a minimum 6,000 square feet per lot with a minimum 50 foot width, 25 foot front yard setback, 5 foot side and rear yard setbacks and a maximum height of 35 feet / three stories. The maximum density in the district is 7.26 units per acre. • The "AB" Professional Office District provides primarily for childcare centers, office uses, medical and non - medical, limited personal services uses, multi - family uses with a maximum density of -275- Agenda Memorandum Case No. 0708 -02 (Greenwood Molina Children's Center) Page 2 36.30 units per acre and low density residential uses with a minimum 6,000 square foot lots /50 foot width. The "AB" height area and bulk requirements include a maximum height limitation of 45 feet / three (3) stories, minimum 20' front yard, a minimum 10' side and rear yard with no lot size minimum except for low density residential uses. • Existing Land Uses and Zoning: Located north of the subject property is the Greenwood - Molina Nursery School, Inc. zoned with an "AB" Professional Office District. On the south, east and west sides of the subject property are existing single family residential uses zoned with an "R -I B" zoning district. The Greenwood - Molina Nursery School facility across from the subject property was first zoned for a childcare facility in 1963 on Lot 39 with a R -1B / Special Permit. On March 19, 1985, City Council approved another special permit to allow the expansion of the childcare facility to Lots 38 and 40 and continuing such use on Lot 39. In 1999, the applicant requested rezoning to the "AB" Professional Office District on Lot 41 for expansion of the childcare facility and "AB" zoning on the previously zoned lots. The "AB" zoning was approved on October 26, 1999. • Utilities: Water and wastewater service available is available to the subject property. There will be little if any impact on water consumption and wastewater generation. • Drainage: The subject property is served by the Columbia Drainage Ditch approximately one block to the east of the subject property. The drainage impact would be minimal for the proposed use. • Transportation/Traffic Impact Study: The subject property will not cause any additional vehicular traffic in the area as the proposed use of the subject property will not increase the capacity of the day care facility. The playground facility will increase pedestrian traffic across National Drive at a mid -block location. To assure a safe crossing, if the rezoning is approved, the applicant has been informed that the Development Services staff and the City Traffic Engineering Division staff will meet with representatives of the childcare center to identify traffic issues, i.e., signage, pavement markers, etc. • Public Safety: o Police: The subject property is part of the City's directed patrol program and is designated the West Oso Directed Patrol District. o Fire: The existing fire station at 1550 Home serves the area. Estimated response time to the area is under four minutes. • Potential Nuisances: The potential for a nuisance of noise caused by the proposed playground use is mitigated by the intended hours of use. According to the applicant, during the school year children from the day care facility will be escorted to the playground generally between 4 and 6 pm. During the summer, the playground will be in use between 9 - I1 am and 4 - 6 pm. Several benches are planned otherwise no permanent structures are planned as only portable equipment is planned to be used at the site. • Comprehensive Plan Consistency: The comprehensive plan indicates the future land use as low density residential (single family) for the subject property. The subject property is located in the Westside Area Development Plan. The comprehensive plan identifies policy statements for land use decisions. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning.) Approval of the rezoning will amend the Comprehensive Plan. Several policy statements are available in the Corpus Christi Policy Statements, An Element of the -276- Agenda Memorandum Case No. 0708 -02 (Greenwood Molina Children's Center) Page 3 Comprehensive Plan and the Westside Area Development Plan to ensure consistency of zone change requests with the comprehensive plan: Corpus Christi Policy Statements: • Goal III: MAINTAIN AND IMPROVE THE STABILITY OF EXISTING RESIDENTIAL AND COMMERCIAL AREAS. Careful planning for the redevelopment and provision of City services can, along with reasonable incentives to promote private investment, provide the basis for continued stability, revitalization and vitality throughout the city. Staff Comment: Maintaining and improving existing neighborhood areas is an important goal of the City of Corpus Christi. Also, this area is in Census Tract 17. The 2000 Census showed that median family income of the Tract 17 was 23,790 vs 41,672 citywide. Approximately, 27.3 of the families in Census Tract 17 have incomes below the poverty level. Of the families with income less than the poverty level, 34% have children under the age of 18. Promoting a non - profit childcare center provides an essential service to this lower income neighborhood and helps to stabilize the neighborhood. • Residential Policy is INCOMPATIBLE INDUSTRIAL AND COMMERCIAL LAND USES SHOULD NOT ABUT RESIDENTIAL AREAS. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e. provision of open space, landscaping, screening fences, etc. Staff Comment: While the intended use of this site is for expansion of the daycare center, many other business uses are allowed in the "AB" Zoning District. However, the characteristics of the uses allow in the "AB" District are generally the least offensive to residential areas compared with the commercial uses allowed in all of the other business districts. The office use has the characteristic of operating during the day and closing at night which creates compatibility with the residential area. Westside Area Development Plan (ADP) Policy Statements: • OBJECTIVE 1. To propose redevelopment strategies in established areas of the Westside Plan Area to achieve a harmonious arrangement of land uses, creating a pleasant living and working environment. Staff Comment: The proposed development is consistent with the objective to provide for a pleasant living and working environment as the use will provide a convenient place for child care in the neighborhood. —277— Agenda Memorandum Case No. 0708 -02 (Greenwood Molina Children's Center) Page 4 Notification: Of the thirty-one (31) notices mailed to the surrounding property owners zero (0) notices were returned in favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is considered non - controversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. 44 4471 Bob Nix, AICP Assistant City Manager of Development Services FGM /blp Attachments: 1) Zoning Report 2) Planning Commission Minutes (July 9, 2008) 3) Ordinance PIM/Project Manager (,4 SrCP /CP Planning Director H:\PLN- DIR \SHARED\Beverly\2008 CCUuI'08 \0708- 03AGENDAMEMO.doc -278- CITY COUNCIL ZONING REPORT Case No.: 0708 -02 City Council Hearing Date: September 9, 2008 Applicant: Greenwood Molina Children's Center Owner: Same as above. Representative: Ida Rodriguez, Executive Director Address: 953 National Drive Legal Description/Location: Washington Addition, Block 1, Lot 14, located at 953 National Street across from the Greenwood Molina Children's Center Zoning Request From: "R -1B" One - Family Dwelling District To: "AB" Professional Office District Area: 0.20 acres / 9,130 square feet Purpose of Request: To allow for playground uses in conjunction with the Greenwood Molina Children's Center across National Street Existing Zoning and Land Uses Zoning Existing Land Use Future Land Use Site "R -1B" One - Family Dwelling District Vacant Low - Density Residential North "AB" Professional Office District Commercial Daycare Center Low - Density Residential South "R -1B" One - Family Dwelling District Low - Density Residential Low - Density Residential East "R -1B" One - Family Dwelling District Low - Density Residential Low - density Residential West "R -1B" One - Family Dwelling District Low - Density Residential Low - Density Residential MW, Map & Violations Area Development Plan: Westside; The comprehensive plan supports low- density land use for the subject property. A change to commercial use is inconsistent with the Future Land Use map however, the policies in the plan are supportive of the applicant's intended use of the property for the Children's Center. Therefore, the proposed rezoning and use of the property for a play ground is consistent with the Comprehensive Plan. Map No.: 049040 Zoning Violations: None —279— Zoning Report Case No. 0708 -02 (Greenwood Molina Children's Center) Page 2 Staffs Summary: • Request: The applicant is requesting a change of zoning on a 9,130 square foot lot from "R -1B" One - Family Dwelling District to "AB" Professional Office District. The proposed use of the property will serve as a playground for children at the Greenwood Molina Children's Center located directly across the street and zoned an "AB" Professional Office District. The capacity of the Children's Center is 144 children, ages 18 months to 12 years and is open from 6:30 am to 11:30 pm. • The "R -1B" One - Family Dwelling District provides for single - family residential development of moderately spacious character together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. The "R -1B" District requires a minimum 6,000 square feet per lot with a minimum 50 foot width, 25 foot front yard setback, 5 foot side and rear yard setbacks and a maximum height of 35 feet / three stories. The maximum density in the district is 7.26 units per acre. • The "AB" Professional Office District provides primarily for childcare centers, office uses, medical and non - medical, limited personal services uses, multi - family uses with a maximum density of 36.30 units per acre and low density residential uses with a minimum 6,000 square foot lots /50 foot width. The "AB" height area and bulk requirements include a maximum height limitation of 45 feet / three (3) stories, minimum 20' front yard, a minimum 10' side and rear yard with no lot size minimum except for low density residential uses. • Existing Land Uses and Zoning: Located north of the subject property is the Greenwood Molina Children's Center zoned with a "AB" Professional Office District. On the south, east and west sides of the subject property are existing single family residential uses zoned with an "R -1B" zoning district. The Greenwood Molina Children's facility across from the subject property was first zoned for a childcare facility in 1963 on Lot 39 with a R -IB / Special Permit. On March 19, 1985, City Council approved another special permit to allow the expansion of the childcare facility to Lots 38 and 40 and continuing such use on Lot 39. In 1999, the applicant requested rezoning to the "AB" Professional Office District on Lot 41 for expansion of the childcare facility and "AB" zoning on the previously zoned lots. The "AB" zoning was approved on October 26, 1999. • Utilities: Water and wastewater service available is available to the subject property. There will be little if any impact on water consumption and wastewater generation. • Drainage: The subject property is served by the Columbia Drainage Ditch approximately one block to the east of the subject property. The drainage impact would be minimal for the proposed use. • Transportation/Traffic Impact Study: The subject property will not cause any additional vehicular traffic in the area as the proposed use of the subject property will not increase the capacity of the day care facility. The playground facility will increase pedestrian traffic across National Drive at a mid -block location. To assure a safe crossing, if the rezoning is approved, the applicant has been informed that the Development Services staff and the City Traffic Engineering Division staff will meet with representatives of the childcare center to identify traffic issues, i.e., signage, pavement markers, etc. -280- Zoning Report Case No. 0708 -02 (Greenwood Molina Children's Center) Page 3 • Public Safety: o Police: The subject property is part of the City's directed patrol program and is designated the West Oso Directed Patrol District. o Fire: The existing fire station at 1550 Home serves the area. Estimated response time to the area is under four minutes. • . Potential Nuisances: The potential for a nuisance of noise caused by the proposed playground use is mitigated by the intended hours of use. According to the applicant, during the school year children from the day care facility will be escorted to the playground generally between 4 and 6 pm. During the summer, the playground will be in use between 9 - 11 am and 4 - 6 pm. Several benches are planned otherwise no permanent structures are planned as only portable equipment is planned to be used at the site. • Comprehensive Plan Consistency: The comprehensive plan indicates the future land use as low density residential (single family) for the subject property. The subject property is located in the Westside Area Development Plan. The comprehensive plan identifies policy statements for land use decisions. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning.) Approval of the rezoning will amend the Comprehensive Plan. Several policy statements are available in the Corpus Christi Policy Statements, An Element of the Comprehensive Plan and the Westside Area Development Plan to ensure consistency of zone change requests with the comprehensive plan: Corpus Christi Policy Statements: • Goal III: MAINTAIN AND IMPROVE THE STABILITY OF EXISTING RESIDENTIAL AND COMMERCIAL AREAS. Careful planning for the redevelopment and provision of City services can, along with reasonable incentives to promote private investment, provide the basis for continued stability, revitalization and vitality throughout the city. Staff Comment: Maintaining and improving existing neighborhood areas is an important goal of the City of Corpus Christi. Also, this area is in Census Tract 17. The 2000 Census showed that median family income of the Tract 17 was 23,790 vs 41,672 citywide. Approximately, 27.3 of the families in Census Tract 17 have incomes below the poverty level. Of the families with income less than the poverty level, 34% have children under the age of 18. Promoting a non - profit childcare center provides an essential service to this lower income neighborhood and helps to stabilize the neighborhood. • Residential Policy is INCOMPATIBLE INDUSTRIAL AND COMMERCIAL LAND USES SHOULD NOT ABUT RESIDENTIAL AREAS. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e. provision of open space, landscaping, screening fences, etc. Staff Comment: While the intended use of this site is for expansion of the daycare center, many other business uses are allowed in the "AB" Zoning District. However, the characteristics of the uses allow in the "AB" District are generally the least offensive to residential areas compared with the -281- Zoning Report Case No. 0708 -02 (Greenwood Molina Children's Center) Page 4 commercial uses allowed in all of the other business districts. The office use has the characteristic of operating during the day and closing at night which creates compatibility with the residential area. Westside Area Development Plan (ADP) Policy Statements: • OBJECTIVE 1. To propose redevelopment strategies in established areas of the Westside Plan Area to achieve aharmonious arrangement of land uses, creating a pleasant living and working environment. Staff Comment: The proposed development is consistent with the objective to provide for a pleasant living and working environment as the use will provide a convenient place for child care in the neighborhood. Street R.O.W. Street Type (Urban Transportation Plan) Paved Section Volume (2006) National Drive Undesignated local street 50' ROW, 28' BB NA Nat Status: The subject property is platted. Department Comments: The rezoning is part of a 2008 Housing and Urban Development Block Grant for enhancement of the childcare facility. The existing facility provides childcare service in an area where family incomes are much lower than the citywide average. Staff Recommendation: Denial of the "AB" Professional Office District and in lieu thereof approval of a special permit to allow a playground on Washington Addition, Block 1, Lot 14 as an accessory use to the childcare center occupying Washington Addition, Block 2, Lots 38, 39, 40, and 41 and subject to following five (5) conditions: I. Uses: All uses allowed in the "R-1B" One - Family Dwelling District plus an accessory playground use with associated non - motorized playground equipment to serve the childcare center occupying Washington Addition, Block 2, Lots 38, 39, 40, and 41. —282— Zoning Report Case No. 0708 -02 (Greenwood Molina Children's Center) Page 5 2. Screening Fence: A standard 6 foot screening fence is required along the side and rear property lines. An optional non - opaque security fence may be placed along the front property line. 3. Lighting: Any playground lighting must be shielded and directed away from the adjacent residences. 4. Hours of Operation: 8:00 am thru 7:00 pm. 5. Time Limit: Such Special Permit shall be deemed to have expired within 18 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Planning Commission Recommendation: Approval of Staff Recommendation Number of Notices Mailed — 31 within 200 foot notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 0 (inside notification area); 0 (outside notification area) (As of August 18, 2008) Attachments: 1. Neighborhood — 2006 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2006 Aerial 5. Subject Case 6. Site — Existing Zoning, Notice area, Ownership 7. Comments received from Public Notices mailed 8. Notice Mailing List 9. District Uses 10. City Charter — Article V- Planning —283— 7. merarearof O _. U in'Nr3rNY:Tx,N' s rvti F a rir r. .E.- i j G " y ,_r ' N.:T.O..iA • _ ir't!ECT , . f , Of2SVI SIT t PP 8 iY —r -TAR PE • irvPE_,A, P r S ". CASE # 0708 -02 1. NEIGHBORHOOD - 2006 AERIAL Subject Property Pefen., Map 2 for Neighborhood Existing Land Use. Also available at www.cctexas com SUBJECT PROPERTY NAT/ON ti L PC. Iv /.SuaaECT s' PROPERTY ::LINDA VISTA CASE # 0708 -02 1. NEIGHBORHOOD - 2006 AERIAL subject Property Refen., Map 2 for Neighborhood Existing Land Use. Also available at www.cctexas cOm SUBJECT PROPERTY CASE # 0708 -02 2. NEIGHBORHOOD - EXISTING LAND USE C I Esti to Residential. - ER Low Density Residential. - LOP ' ,ity Residential, -MDR Residential, - HDR `+r rG'obite Home - MH „A C1 '✓.)cant -VAC 1 otr_. sionai Office -PO Commercial -COM �-7— ',ryp. Industrial - LI I dvv lustrial - HI )„L:.. ..ami- Public - PSP SUBJECT PROPERTY ��'- A.?! lot NATIONAL SUB EgIT PETPEt2TY LINDA VISTA U floaa CASE # 0708-02 2. NEIGHE Fin Do - EXISTING LAND USE TTfl E tate Resident/at - ER - L. dv Density ResidentiaL -LOP d Den :by Residential. - MDR sity Residential. - NOR .bile home - .ant- fAt Fes anal Office - PO ,mmerciat - COM Li L.ntlndustria/Lt PC Heavy Industrial - HI Public Semi-Public - PSP a SUBJECT al, ..,...,...E. LOCATION MAP / _. . ---.. . . Li PARK L' HL Z ' :LIM Ckik71317NT PARK: LOP PS PSFES L6rP,C 111 _ LDR L R P:(CLISC PARK PSPiS II. _I ?i R"'. ?,E PSPCk a !V1 COM Slop LOP MD9 0 ih7 • L.OR. J. Li )iY Li ;MR r CASE # 0708 -02 3. NEIGHBORHOOD - FUTURE LAND USE I� Acncuinlral/RUr - .J -AR [iJ "+ L I tate Residential - ER w!- :ity Res. - LDI' d. sity Res.- _D.' Mobile Home - MH Vacant • VAC onal Office - PO -- mmercial - COM l i artal'orfanen Ptnn rterials Coil •Goi s • E :p CSsways Park,;ay • -1 IAP 7ogli,t • FOR earch/Business Park - REP t.'. stria! - LI fustrial - HI Semi - Public - PSP Ci, Linage Corridor DC Pros! e Placement - OP !a ter Co, servalionJPreservation -CP SUBJECT PROPERTY-----z- LOCATION MAP 119DP LDR 00 PSPCFi vv E S Pit -'Nt LDR !■P LL • O Kr MDR LDR NATIONAL LOP LDR LDF LOP ATOP SUB PR LINDA VISTA hDR- ECT PERTY Li DC C OM LDF. LDR -. CASE # 0708 -02 3. NEIGHBORHOOD - FUTURE LAND USE rael nnrrcuuulaL'Ruta( - OR L - tate Residential • ER - ears. Business Park - RBP nancity Res. -Inl I _ _,: n Industrial - LI .H.avy Industrial -HI sity Re . . ' n; Public - PSP • .nde Home -MH ni ;'a-k . • cant - VAC Lrr.an. rye Corridor DC �- F Sessional Office • PO �� u D; ee<re Placement -DP - -- Commercial - COM [ 74�.re1 [_, ..nservationlPreserration - CP Transportation ansportation Plan Arterials Ccneeiors • Expressways ____. Parkway ±1±4± Railroad SUBJECT PROPERTY M OL1 N 4.1b A r':{k,S c 'WEST PLiIN ,VATJON 1VA SH!iA's TAN 'I /St UBJECT PROPERTY LINDA V.'S; A I- 1,d Cif NL)A E SOUTHbVEST IN Pa)! It 4 56 GGEEN'WOO'D T- ER'k'..ALE UNIT d CASE # 0708 -02 4. SITE- 2006 AERIAL Refertu Map _ r::• 7:'e!ohborhood Existing L•• d quo a: iilable SUBJECT PROPERTY J 3 WEST P 44 43 42 7 I 27 / NATPONA SQUTH EST[ND 2 24 26 23 0 _IOW 200 22 ��Fe�et 2Y T/E RR B1f E U B' -M 624/1008 Prepared By: SRR enpofDeveJopment $ ery(ces CASE # 0708 -02 5. SUBJECT CASE SUBJECT. PROPERTY . A3 WEST P 3 4 5 6 7 S 9 i.0 41j 40 39 2 2 7 I 27 {/ NAT I O +. A 43 42 41 40 SQUTH EST FND 2S 74 20 23 0 _IOW 200 22 ��Felet 2Y:. E U [� 1 B - M 5241008 Preparedly: SRR enpofDeuslopmentSep/Ices CASE # 0708 -02 6. SITE — EXISTING ZONING, NOTICE AREA & OWNERSHIP At ApaNnelll -RARE DIsOCI. Lirafte5 lINS^Idl DEln I. AtlA ANT:mann Hansa Dishica l^ Pight aria-Tani Dnlnct A -P ApanmbV Hoo;e DiRdat la Heavyln Rattler Diistnu AB Fre1eSS101.1 .Office Ohtani AT ApdftlYient5TOJ et Dialtf_H Bs Nalabbgh cI BESplaa c,ntlat B4 Nenchborhaen bilatheaS citncl 92 fayHHent BletansE DIafllq 3-2A Ballier isand Easiness DssEHat RR BRA lass Dlsll ct. p4 Cslerel RUSirasa Lnatrict a -c annanu Euebrseee rIaau h E PORN', B nine Rona PislnIa 8D 4apus LIT atlBeach Design Diu RR Farm Rani DisitiU HiP HiuoiiiaItulIeNl LLndmas PresarnaIron PUD leonInet ID IFe¢M1nt RIA One Farms D II `e DS :HA R -1 C. Rae Farr lb FM'ilm2 Cislrir RTC One Fain Uv D3,1111 g D15hl,1 Ra 24u112-le Ovianinng aietrid Ra One RarcR fanallirg LSPIHD{ RE Resrfanael Fstvte Distant R -TH Twmhcuae rneluna cegria PP Spacial Parma T T pep] T Parks n El T R Manufactured Rate. bark District TIC Manufactured N aRmson Diann a„w61• n fa:w 4a,+n 2"0'llstel .Ha m V +et ep0a A.enn SUBJECT PROPERTY . COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0708 -02 Name: Greenwood- Molina Children's Nursery Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 31 0 I. Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: 0 II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 0 H:\PLN- DIR\SHARED\Beverly\2008 PC\2008 Public Comments \0708- 02.doc —303— 0 r IepQy og c0B888P 0 8o0P$088O0O8 OOOm N o 3 01000000000 £ .� �n o z oznoo££ axz -4mxan oo£000 xPz s ]333 8 x 8* 0m0M0 o�nvmzaoom nm:03.>3m °s a3, 3, j, _ a- m,.� m PDmmm nmzox2mmm nP -1mmmm £m m y� ,P�, 0µ pop z 3. g Omzzz 58 DZmmz55m 5 200rm> CI GO' gp pg 'Si'00 1 Q N5g 5g 5g�N Z°n1-0ETPr -4APgO° 0 4i Y6 1- @m@- 0o m m<9 p0p0o� g�.iSsi"afi�i'F -zzmX V °552= I0in� `'cl(Imo 2 m 2T cgm3smozzmc0o50cPC1�1m➢ q 5� 3 9 $ -� rP Om > A DDNN !!!!!N/////1�j3322Cp iz00.3 @_ N A:0y OO 412111£Oti �yPO AO-IZZ Zm -ll Eg f�1l; `[ g u OAD�D �In Or -iA O� A P2�yT� 4.$r3 SplO ..N y CCCrA� ➢T1 NDDC CCm °3 m mz m x � (10 a P Hi 's T L N �2 2 <2K 2 N.<0 -4 S2:1 1.&,.g ;P, c m N f £ f ztffmZZ 3P mV ZO O�m�1m P8m ZZA"'m Z�� c);rtizl D ° ° °,2,- O A )1,q;g Z20ZiziZD EDCDy-Dlyy yj g g� Ng sga a ga s 4� 99oa�ggpggggggo8Et5555 N • 2'� th 'o' 1 ��Pyou1rn555�g� i t • S Am 1 9 °A1'�N� T-I y-IN NNE y+ S_ 9 Z°O D DD -4 -4-4 P 00 °fi S 1: 2, ° -4AA S DDD n0 PP -63 N9 $ n mx P A SP T ! 1$ m 07' £ N m Om v0m + DO mmmrl%uuu0r°i. 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Section 16-2 Use Regulations. A building or premises shall be used only for the following purposes: Any use permitted in the "13-1" Neighborhood Business District Amusement place in an enclosed building, auditorium, or theater except open air drive -in theaters. Athletic field or baseball field. Boat, automobile, motorcycle, recreation vehicle, and HUD -code manufactured home sales and storage. (Ordinance 22851, 02/18/97) Sales and repair of plumbing, heating, electrical, and air conditioning equipment, and auto parts and tire sales and service within an enclosed building. Wholesale house of not more than 6,000 square feet in floor area. ( 6) Bowling alleys and billiard parlors. (7) Food storage lockers. ( 8) Animal hospital with no outside runs. (Ordinance 24566, 08/28/01) (9) Hotels, motels, or motor hotels. (10) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted. (Ordinance 026735, 4/17/06) (11) Printing, publishing, and engraving. (12) Milk distributing stations, provided there is no bottling on the premises. (13) Radio or television broadcasting stations, studios, and offices, but not sending or receiving towers. (14) Skating rink in an enclosed building. (15) Swimming pool or natatorium. (16) Accessory buildings and uses, except that outside storage is not permitted. (17) Public or governmental buildings. (18) Mini - storage enclosed. (Ordinance 24566, 08/28/01) 02/08 B-4 -305- - 86 - (19) Promotional events, subject to the special conditions set forth in Article 27A, Section 27A -2 of this Ordinance. (20) Service station. (21) Taverns, lounges, or bars. (22) - Automobile service, painting and body work are permitted as an accessory use within an enclosed building when associated with auto sales establishment. (23) Car washes. (24) Camper shell sales and installation. (25) Commercial parking garage. (26) Automotive repair, major and minor, provided all work is performed inside of a building. (27) Fanners market retail sales area as accessory use to shopping center. (Ordinance 23932, 02/08/00) Section 16-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 16-4 Off - street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. Section 16-5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 16-5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R -IA ", `R -113", "R -1C" "R -2", "A-I", "A -1A", or "A -2" residential district. 16 -5.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R -IB ", "R -1C" "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. 16-5.03 Any boats, automobiles, recreational vehicles, or manufactured homes stored or displayed for sale shall not be permitted in the yard areas required by Article 24. (Ordinance 22851, 02/18/97) Section 16-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 -306- - 49 - ARTICLE 12. `B-1" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS Section 12 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the `B -1" Neighborhood Business District. This district provides primarily for retail shopping and personal service uses to be developed either as a unit or in individual parcels to serve the needs of nearby residential neighborhoods. Section 12 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "AB" Professional Office District. ( 2) Automobile parking lots. (3) Display room for merchandise to be sold on order where merchandise sold is stored elsewhere. ( 4) Custom dressmaking and tailoring not involving a factory, shoe repair, household appliance repair, custom cleaning shop not involving bulk or commercial type plants, household furniture upholstery shop accessory to retail furniture sales, and bakeries. ( 5) Fueling. ( 6) Offices and office buildings. ( 7) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted within this district. (Ordinance 026735, 4/17/06) Personal service uses including barber shops, banks, beauty parlors, photographic or artists' studios, messengers, taxi cabs, newspaper or telegraphic service stations, dry cleaning receiving stations, restaurants with or without alcoholic beverages (excluding taverns, lounges, or bars), and other personal service uses of a similar character. Retail stores, including florist shops and greenhouses in connection with such shops, but there shall be no slaughtering of animals or poultry on the premises of any retail store, nor shucking of oysters or processing of fish. (10) Self - service Laundries. (II) Undertaking business or establishment. (12) Accessory buildings and used customarily incidental to the uses permitted in the district, except that outside storage and outside sales area are not permitted. (13) Hand operated or automated self - service car washes. (14) Automotive parts sales within a building containing less than 3,000 square feet in gross area with no service bays. Section 12 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 12 -4 Off - street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. (8) ( 9) Section 12 -5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart on Article 24, and in addition the following regulations shall apply: 02/08 -307- B-1 - 50 - 12 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R-1A", "R -1B ", "R-1C", "R -2 ", "A -1 ", "A -IA ", or "A -2" residential district. 12 -5.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R-IA", "R -113", "R -IC ", "R -2 ", "A -1 ", "A -1A", or "A -2" residential district. Section 12 -6 Supplementary height and area regulations are contained in Article 27. 02/08 B-1 -308- - 47 - ARTICLE 11. "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS Section 11 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "AB" Professional Office District. This district is intended to encourage office development of high character in attractive surroundings with types of uses and exterior indication of these uses so controlled as to be generally compatible with single - family or multiple - family dwellings conveniently located within or adjacent to the district. Section 11 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "R -1A" One - family Dwelling District. ( 2) Two-family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) ( 3) Multiple- family dwellings. ( 4) Boarding, rooming, and lodging houses. ( 5) Private clubs, fraternities, sororities, and lodges excepting those the chief activity of which is a service customarily carried on as a business. ( 6) Non - profit, religious, educational, and philanthropic institutions. ( 7) Business and professional offices and office buildings provided the following conditions are met: 02108 ( 8) (a) No building may be constructed with, or altered to produce a store front, show window, or display window; (b) There shall be no display from windows or doors and no storage of merchandise in the building or on the premises; and (c) There shall be no machinery or equipment, other than machinery or equipment customarily found in professional or business offices, used or stored in the building or on the lot. Clinics or hospitals including a pharmacist's shop for dispensing of drugs and medical supplies primarily to patients or occupants of the building; provided, however, there shall be no entrance to such shop except from inside the building and further provided that there be no exterior signs advertising such shop except as provided in item (13) of this section. ( 9) Child care centers. (10) Apartment hotels. A business may be conducted within the building for the convenience of the occupants of the building, provided there shall be no entrance to such place of business except from inside the building and further provided that there be no exterior signs advertising such business. (11) Beauty culturist and hair stylist shop, studio for an artist, photographer, sculptor or musician including teaching of art, music, dancing or other artistic instruction, provided the following conditions are met: (a) No building may be constructed or altered to produce a store front, show window or display window; -309- AB -48- (b) There shall be no display from windows or doors; (c) There shall be no storage of merchandise in the building or on the premises, and no machinery or equipment other than customarily accessory to permitted uses; (d) No exterior sign shall be permitted except as provided in item (13) of this section; and (e) There shall be no adverse effect created on adjacent or neighborhood properties by reason of dust, odor, vibration, glare or noise. (12) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Roof signs, neon signs and portable signs are prohibited. (Ordinance 026735, 4/17/06) (13) Reserved. (Ordinance 024715, 12/18/01) (14) Reserved. (15) Accessory buildings and uses customarily incidental to the uses permitted in this district, including retail sales accessory to the main use. (Ordinance 24715, 12/18/01) (16) Assisted living facility. (Ordinance 24566, 08/28/01) (17) Bed and breakfast (B &B) inn. (Ordinance 24580, 09/11/01) Section 11 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 11 -4 Off - street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. Section 11 -5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be as set forth in the chart of Article 24, and in addition the following regulation shall apply: 11 -5.01 Requirements for floor area per acre shall not apply to dormitories, fraternities, or sororities where no cooking facilities are provided in individual rooms or apartments. Section 11-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 -310- AB - 25 - ARTICLE 5. "R -1A" ONE - FAMILY DWELLING DISTRICT REGULATIONS Section 5-1 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "11-1A" One - family Dwelling District. The purpose of this district is to provide for single - family residential development of relatively more spacious character together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of high character and contains vacant land considered appropriate for such development in the future. Section 5 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Truck garden, orchard, or nursery for growing or propagation of plants; trees and shrubs, but not including the raising for sale of birds, bees, rabbits, or other animals, fish or other creatures to such an extent as to be objectionable to surrounding residences by reason of odor, noise, or other factors, and provided no retail or wholesale business office or store is maintained on the premises. ( 2) Single - family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) (3) Churches and parish halls, temples, convents, and monasteries. ( 4) Colleges and schools, public and non -profit private schools, having a curriculum and conditions under which teaching is conducted equivalent to a public school and institutions of higher learning. In connection with the use of such premises as a college or school, the premises may be used for signs, excluding portable signs, which are within 100 feet of a public street for identifying any permitted educational or related athletic facility or publicizing related educational events provided that no sign contain any commercial message or commercial logo that exceeds 35 percent of the total sign area. Signs not within 100 feet from a public street are permitted without restriction provided such sign does not incorporate flashing, moving, or intermittent illumination. The number of signs and square footage of permissible sign area is not otherwise limited. Any sign not in compliance with this paragraph for the use of colleges and schools described herein shall be granted the status of a nonconforming sign upon the registration of such sign with the Building Official or his designated representative within six months of the effective date of this ordinance verifying for each sign: (a) that the sign was constructed and in use prior to January 1, 1989; (b) that the sign is used to identify or publicize educational or related athletic events; (c) the location of the sign; and (d) the percentage of total sign area which is used or dedicated to a commercial logo or commercial message. All signs registered as nonconforming sign pursuant to this paragraph shall be subject to the provisions of Article 26 -11. Nonconforming Signs of this Zoning Ordinance. ( 5) Home occupations. ( 6) Nonprofit libraries or museums, art galleries; public utility installations for sewer, water, gas, electric and telephone mains and incidental appurtenances. ( 7) Public parks, playgrounds, golf courses, (except miniature golf courses, putting greens, driving ranges and similar activities operated as a business), nonprofit, nongovernmental public recreation, and community buildings. 02/08 R -1A -311- - 26 - ( 8) Railroad rights -of -way, including strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations. ( 9) Shell dredging in water submerged areas. (10) Temporary buildings, the uses of which are incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two years from the time of erection of such temporary buildings, whichever is sooner. (11) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/03/04) (a) For properties developed with single - family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box. Only one sign per street frontage is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. (12) Child care homes. (13) Accessory buildings and uses including, but not limited to, private garages, servants quarters, guest houses, swimming pools, home barbecue grills, storage, off -street parking and loading spaces, customary church bulletin boards and identification signs, which shall not utilize or incorporate flashing, moving, or intermittent illumination and shall not exceed thirty (30) square feet in area for permitted public and semi- public uses. (14) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99) (15) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B &B) or bed and breakfast home with special events (B &B /SE). (Ordinance 24580, 9/11/01) Section 5-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 5-4 Off- street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. 02/08 R -IA -312- - 27 - Section 5-5 Height, Area, and Bulk Regulations. Height, area, and bulk requirements shall be as set forth in the chart of Article 24, which chart, and all notations and requirements shown therein, shall be a part of this Ordinance and have the same force and effect as if all the notations and requirements set forth therein were fully set forth or described therein. In the "R -1A" District all lots in platted subdivisions may comply with the lot area and yard requirements of the "R -1B" District as minimum requirements. Section 5-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 R-IA -313- - 34 - ARTICLE 7A. "T -IA" TRAVEL TRAILER PARK DISTRICT REGULATIONS Section 7A -1 The regulations set forth in this article, or set forth elsewhere in this ordinance when referred to in this article, are the regulations of the "T -IA" Travel Trailer Park District, "T -113" Manufactured Home Park District, and "T -IC" Manufactured Home Subdivision District. These districts are intended to preserve appropriate land for the development for single - family residences utilizing manufactured home parks and subdivisions and also for the development of tourist accommodations which utilize travel trailer parks. Manufactured homes and travel trailers shall be restricted to the zoning districts named in this section. It shall be unlawful for any person to construct, alter or extend any travel trailer park, manufactured home park, or manufactured home subdivision area within the limits of the City of Corpus Christi unless he holds a valid building permit issued by the City Building Official in the name of such person for the specific construction, alteration, or extension proposed. Also all plans for specific construction, alteration, or extension of a travel trailer park, manufactured home park, or manufactured home subdivision shall have been submitted, reviewed and approved by the Building Inspection Division according to the procedures established by the Platting Ordinance and all other applicable ordinances of the City of Corpus Christi before the permit is issued by the Building Official. (Ordinance 22851, 02/18/97) Section 7A -2 Use Regulations of the "T -1A" Travel Trailer Park District. An area or premises shall be used and developed according to the following regulations: A permit to construct, alter or extend any travel trailer park area may be issued only when such area is located within the appropriate zoning district as provided for in this Ordinance and such area consists of at least three (3) acres in size with a minimum frontage of one hundred (100) feet located on a public street or highway, provided, however, such area occupied by a travel trailer park may be less than three (3) acres in size if operated in conjunction with, in the same ownership of, and contiguous to or directly across a public right -of -way of not more than one hundred twenty (120) feet in width, from a motel or mobile home park operation both of which constitute three (3) acres or more in size meeting all zoning ordinance requirements. ( 2) Trailer spaces shall be rented by the day or week only and the occupant of a trailer space shall remain in the same travel trailer park not more than one hundred eighty (180) continuous days. (3) Exposed ground surfaces in all parts of a travel trailer park shall be paved or covered with screening or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and eliminating objectionable dust. ( 4) Access to the travel trailer park shall be from a public street or highway, number and location of access drives shall be controlled for safety and protection of personal property. No travel trailer space shall be designed for direct access to a street outside the premises of the travel trailer park. Interior access drives shall be paved and maintained in a smooth hard and dense surface which shall be well drained. ( 1) (5) 02/08 Internal access drives shall meet the following requirements: One -way, no parking 11 feet (Acceptable only if less than 500' total length and serving less than 25 trailer spaces.) One -way, parking on one side only, or two-way, no parking 18 feet (Acceptable only if serving less than 50 trailer spaces.) Two -way, no parking 24 feet -314- T -1 02/08 - 35 - Two-way, parking on one side only 27 feet Two-way, parking on both sides 34 feet ( 6) Each travel trailer space shall provide sufficient parking and maneuverability space so the parking, loading or maneuvering of trailers incidental to parking shall not necessitate the use of any public street, sidewalk, or right -of -way or any private grounds not part of the travel trailer park. There shall be no minimum lot area for a travel trailer space in a travel trailer park except that trailers shall be so harbored on each space that there shall be at least a 10 -foot unobstructed clearance between travel trailers provided, however, that no part of a travel trailer shall be located closer than twenty (20) feet to any building within the park nor closer than five (5) feet to any access drive. There shall be no more than twenty -five (25) travel trailer spaces per acre of gross site area ( 7) ( 8) ( 9) The travel trailer park shall be screened from public streets, highways, and adjacent property by a standard screening fence, unless this requirement is modified or waived by City Council action after a hearing and recommendation of the Planning Commission in accordance with the provisions of Article 30 and Section 33 -3.02. (Ordinance 23016, 07/29/97) In all travel trailer parks, there shall be at least one recreation area which shall be accessible from all spaces. The site or sites of such recreation area or areas shall total not less than eight percent (8 %) of the gross site area. (10) Outside lighting shall be erected in such a manner that it not be detrimental to or project onto adjacent properties, and any outdoor identification sign shall not utilize or incorporate flashing, moving, or intermittent illumination, shall not exceed ten (10) feet in height, shall not overhang or project into the public right -of -way, and shall not exceed thirty (30) square feet in area, indicating only the use of the premises. If such sign is located on a building, it shall not project more than eighteen (18) inches from the wall of the building or structure, and shall not extend above the height of the building. (11) The travel trailer park shall conform to all other regulations contained in the Corpus Christi Building Code, Gas Code, Plumbing Code, and Electrical Code. (12) Storage, collection and disposal of refuse in the travel trailer park area shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. All refuse shall be stored in fly -tight, water -tight, and rodent -proof containers, which shall be located not more than one hundred fifty (150) feet from any trailer space. (13) The travel trailer park area shall be subject to the rules and regulations of the Corpus Christi fire prevention authority. A travel trailer park exceeding six hundred (600) feet in depth shall be required to install a 6 -inch fire main, looped if possible, located within the travel trailer park and installed at or near the edge of the paving in a dedicated easement or fire lane. Fire hydrants shall be located along the main so as to make fire protection available to all surface property in the travel trailer park. This facility is to be installed at the developer's expense and maintained by the City. Metered service connections are to be provided from the fire main as approved by the Water Superintendent. (14) The owner of the travel trailer park area shall at all times operate the travel trailer park in compliance with this Ordinance and shall provide adequate supervision to maintain the travel trailer park area, its facilities, and keep equipment in good repair and in a clean and sanitary condition at all times. (Ordinance 22851, 02/18/97) -315- T -1 - 36 - (15) Any of the following uses provided such uses are accessory to the use of the property as a travel trailer park and do not occupy more than 1/3 of the area within the travel trailer park development. (a) Barber shops; (b) Beauty parlors; (c) Dry cleaning receiving stations; (d) Self- service laundries (clothing or car wash); (e) Drive -in restaurant, restaurants with or without alcoholic beverages, but excluding taverns, lounges, and bars. (t) Convenience grocery stores of less than 4,000 square feet, (g) Child care centers; (h) Filling stations. None of the above described uses shall be allowed to operate in travel trailers or manufactured homes. (Ordinance 22851, 02/18/97) (16) A single - family dwelling unit or manufactured home for resident watchmen or caretakers employed on the premises is permitted. (Ordinance 22851, 02/18/97) (17) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04 /13/99) Section 7A -3 Use Regulations of the "T -1B" Manufactured Home Park District. An area or premises shall be used and developed according to the following regulations: ( 1) A permit to construct, alter, or extend any manufactured home park area may be issued only when such area is located within the appropriate zoning district as provided for in this Ordinance and such area consists of at least five (5) acres in size with a minimum width and/or depth of three hundred (300) feet located on a public street or highway. ( 2) Exposed ground surfaces in all parts of a manufactured home park shall be paved or covered with screening or other solid material or protected with a vegetative growth that is capable of preventing soil erosion and eliminating objectionable dust. Access to the manufactured home park shall be from a public street or highway, number and location of access drives shall be controlled for traffic safety and protection of surrounding properties, no manufactured home space shall be designed for direct access to a public street outside the boundaries of the manufactured home park, and the interior access drives shall be paved and maintained in a smooth hard and dense surface which shall be well drained. ( 4) Internal access drives shall not be less than twenty-five (25) feet wide. ( 5) There shall be no minimum lot area for a manufactured home site in a manufactured home park, however, there shall be no more than twelve (12) manufactured home spaces per acre of gross site area. The minimum side - to-side unobstructed clearance between manufactured homes shall be twenty (20) feet except where an open carport or porch is located contiguous to a manufactured home, a minimum ten (10) foot unobstructed clearance is allowed between the manufactured home (3) 02/08 T -1 -316- - 37 - and the outer edge of the open carport or porch. End -to-end clearance between manufactured homes shall be no less than ten (10) feet, and no part of a manufactured home shall be located closer than twenty (20) feet to any building within the park nor closer than five (5) feet to an access drive. ( 6) The manufactured home park shall be screened from public streets, highways, and adjacent property by a standard screening fence, unless this requirement is modified or waived by City Council action after a hearing and recommendation of the Planning Commission in accordance with the provisions of Article 30 and Section 33 -3.02. (Ordinance 23016, 07/29/97) Off -street parking spaces in manufactured home parks shall be provided in the ratio of one and one -half (1 -1/2) spaces per manufactured home in locations convenient to individual manufactured homes or groups of mobile homes. The manufactured home park shall conform to all other regulations contained in the Corpus Christi Building Code, Gas Code, Plumbing Code and Electrical Code. ( 9) A manufactured home park exceeding six hundred (600) feet in depth shall be required to install a 6-inch fire main, looped if possible, located within the manufactured home park and installed at or near the edge of the paving in a dedicated easement or fire lane. Fire hydrants shall be located along the main so as to make fire protection available to all surface property in the manufactured home park. This facility is to be installed at the developer's expense and maintained by the City. Metered service connections are to be provided for the fire main as approved by the Water Superintendent. (10) Outside lighting shall be erected in such a manner that it not be detrimental to or project onto adjacent properties. (11) Advertising shall be restricted to one illuminated identification sign which shall not utilize or incorporate flashing, moving, or intermittent illumination, shall be placed flat against the wall of the building, shall not project more than eighteen (18) inches from the wall of the building or structure, and shall not extend above the height of the building. The sign area shall not exceed fifteen (15) square feet, and shall indicate only the name and address of the premises and the management thereof. (Ordinance 22851, 02/18/97) Section 7A-4 Use Regulations for "T -1C" Manufactured Home Subdivision District. An area or premises shall be used and developed according to the following regulations: ( 1) A permit to construct, alter or extend any manufactured home subdivision area may be issued only when such area is located within the appropriate zoning district as provided for in this Ordinance and such area consists of at least eight (8) acres in size with a minimum width and/or depth of three hundred (300) feet located on a public street or highway. ( 2) In a manufactured home subdivision, the subdivision shall meet all City requirements as set forth in the Corpus Christi Platting Ordinance and shall also conform to all other regulations contained in the Corpus Christi Building Code, Gas Code, Plumbing Code and Electrical Code. The area of a lot in a manufactured home subdivision shall be 4,500 square feet. A minimum lot size requirement does not apply as such if a manufactured home subdivision is developed under the regulations of Article 28, Planned Unit Development, of this ordinance. ( 4) In addition to the requirements of Item (3) above, there shall be no more than eight (8) manufactured homes per acre in a manufactured home subdivision. Furthermore, there shall be a minimum front yard of twenty (20) feet, a minimum rear yard of ten (10) feet, and a minimum side yard of six (6) feet, with a total unobstructed side yard requirement of twenty (20) feet. (7) ( 8) 02 /08 (3) -317- T -1 02/08 ( 5) - 38 - Unless modified or waived by City Council action, after a hearing and recommendation by the Planning Commission, the manufactured home subdivision shall be surrounded by a standard screening fence in which case such fence shall become a part of abutting lots, unless otherwise designated as part of the common open space in accordance with the provisions of Article 30 and Section 33 -3.02. (Ordinance 23016, 07/29/97) (6) In manufactured home subdivisions there shall be at least two (2) off -street parking spaces per lot. ( 7) Temporary non - illuminated signs shall not be more than four (4) square feet in area pertaining to the lease or sale of a HUD -code manufactured home or premises on which such sign is located. (Ordinance 22851, 02/18/97) -318- T -1 City Charter — Article V ARTICLE V. PLANNING Sec. 1. Purpose and Intent. The city council shall establish comprehensive planning as a continuous governmental function to order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest. Sec. 2. Organization of Planning Commission. A planning commission is hereby established which shall consist of nine registered voters of the city. The members of the commission shall be appointed by the city council for staggered terms of three years. The commission shall elect a chairperson from among Its membership each year at the first regular meeting In August and shall meet not less than once each month. Any vacancy in an unexpired term shall be filled by the city council for the remainder of the term. Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city council regarding the adoption and implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the city council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the council on any amendments to the plan, and forward to the council comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city council regarding zoning or zoning changes in a manner to insure the consistency of any such zoning or changes in zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the city in a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the city council on the city's annual budget and any capital improvement bond program. (b) The departments of the city government shall cooperate with the planning commission in furnishing it such information as is necessary in relation to its work. (c) The commission shall be responsible to and act as an advisory body to the council and such additional duties and exercise such, additional powers as may be prescribed by ordinance of the council. Sec. 4. The Comprehensive Plan. The city council shall adopt by ordinance a comprehensive plan, which shall constitute the master and general plan of the city. The comprehensive plan shall contain the city's policies for growth, development and aesthetics for the land within the corporate limits and the extraterritorial jurisdiction of the city, or for portions thereof, including neighborhood, community and, area -wide plans. The -319- comprehensive plan shall include the following elements: (1) A future land -use element; (2) An annexation element; (3) A transportation element; (4) An economic development, element; (5) A public services and facilities element, which shall include a capital improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable In order to further the above objectives. Each element of the comprehensive plan shall Include policies for Its implementation and shall be implemented, in part, by the adoption and enforcement of appropriate land development regulations and other ordinances, policies and programs. After at least one public hearing, the planning commission shall forward the proposed comprehensive plan, or element or portion thereof, to the city manager, who shall submit such plan, or element or portion thereof, to the city council with his or her recommendations. The city council may adopt, or adopt with changes or amendments, the proposed comprehensive plan, or element or portion thereof, after at least one public hearing. The city council shall act on the plan, or element or portion thereof, within sixty days following its submission by the city manager. If the plan should be rejected by the council, it shall, with policy directions to the commission, return the plan to the planning commission which may reconsider the plan and forward it to the city manager for submission to the council in the same manner as originally provided. All amendments to the comprehensive plan recommended by the planning commission shall be forwarded to the city manager and shall be subject to review and adoption in the same manner as for the original adoption of the comprehensive plan as set forth in this section. Sec. 5. Legal Effect of Comprehensive Plan. All city improvements, ordinances and regulations, shall be consistent with the comprehensive plan. In the case of a proposed deviation to the adopted plan, or any element or portion thereof, the planning commission shall communicate its recommendations to the council which may approve or disapprove such deviation. Sec. 6. Platting Property. The city shall not pay for the property used for streets and alleys within any subdivision, but the same shall, when platted, be dedicated to such use and shall become the property of the city and shall be maintained as such. The city shall not grant any permit to construct or enlarge any house or structure within the city until a plat shall be approved and filed. -320- MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday July 09, 2008 5:30 P.M. COMMISSIONERS: Rudy Garza, Vice - Chairman John C. Tamez Atilano J. Huerta Johnny R. Martinez James Skrobarczyk Evon J. Kelly David Loeb Govind Nadkarni ABSENCES: R. Bryan Stone, Chairman I. CALL TO ORDER STAFF: Bob Nix, AICP Assistant City Manager of Development Services Johnny Perales, PE, Deputy Director of Development Services/ Special Services Faryce Goode - Macon, Assistant Director of Development Services /Planning Miguel Saldana, Special Services Chip Baish, P.E., Special Services Bob Payne, AICP, Sr. City Planner Mic Raasch, AICP, City Planner Jay Reining, First Assistant City Attorney Yvette Aguilar, Assistant City Attorney Beverly Lang- Priestley, Recording Secretary In the absence of Chairman Stone, Vice - Chairman Garza declared a quorum was present and called the meeting to order at 5:33 p.m. B. ZONING 1. New Zoning a. Case No. 0708 -02 Greenwood Molina Children's Center - A change of zoning from a "R -1B" One - family Dwelling District to an "AB" Professional Office District resulting in a change of land use from residential to commercial Washington Addition, Block 1, Lot 14, located at 953 National Street across from the Greenwood Molina Children's Center Robert Payne presented the above request for a change in zoning from a "R -1B" One - family Dwelling District to an "AB" Professional Office District with subject property located at 953 National Street. The surrounding area consists of low density residential with the subject property being vacant and Greenwood Molina Children's Center located across the street in an "AB" Professional District. The applicant has asked to rezone Lot 14 so they can use it as a playground in conjunction with the Children's Center across the street. The Greenwood Molina Center was first rezoned in 1963. A series of re- zonings have been approved since 1963. The last rezoning in 1999 rezoned their four lots to the "AB" Professional Office District. In view of the mixed uses allowed in the "AB" Professional Office District, Staff recommends denial of the "AB" Professional Office District and, in lieu thereof, approval of a Special Permit subject to the following five conditions: 1. Uses: All uses allowed in the "R-1B" One - Family Dwelling District plus an accessory playground use with associated non - motorized playground equipment to serve the childcare center occupying Washington Addition, Block 2, Lots 38, 39, 40, and 41. -321- Planning Commission Minutes July 9, 2008 Page 2 2. Screening Fence: A standard 6 foot screening fence is required along the side and rear property lines. An optional non - opaque security fence may be placed along the front property line. 3. Lighting: Any playground lighting must be shielded and directed away from the adjacent residences. 4. Bonn of Operation: 8:00 a.m. thru 7:00 p.m.. 5. Time Limit: Such Special Permit shall be deemed to have expired within 18 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. In answer to Commissioner Loeb, Mr. Payne stated the reason for the Special Permit is because this is an accessory use. Public parks are allowed in the "R -1B" One - family Dwelling District but this is not a public park. This use is proposed to serve a commercial use in an "AB" Professional Office District. Therefore, the park and commercial use are tied together and a public hearing and rezoning is required. In answer to Commissioner Skrobarczyk, Mr. Payne stated that there were no traffic counts on National Street. The applicant will need to contact Traffic Engineering and staff has forwarded the information to Traffic Engineering advising them that, if approved, safety and signage will have to be scrutinized. Mr. Skrobarczyk stated there is a need for a "no parking" requirement during certain times of the day. Commissioners Huerta and Loeb stated their concerns regarding protection of the children and liabilities involved with the children getting to and from the park. Mr. Payne stated that these concerns would be forwarded to CDBG. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion for approval of a Special Permit with the conditions as outlined by staff was made by Commissioner Loeb and seconded by Commissioner Huerta. Motion passed unanimously with Chairman Stone being absent and Commissioner Skrobarczyk voting in opposition. -322- Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY GREENWOOD - MOLINA NURSERY SCHOOL, INC., BY CHANGING THE ZONING MAP IN REFERENCE TO WASHINGTON ADDITION, BLOCK 1, LOT 14, FROM "R -1B" ONE - FAMILY DWELLING DISTRICT TO "R- 1B /SP" ONE - FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT TO ALLOW A PLAYGROUND, SUBJECT TO FIVE (5) CONDITIONS; 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 Greenwood - Molina Nursery School, Inc., 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, July 9, 2008, during a meeting of the Planning Commission, and on Tuesday, September 9, 2008, 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 Washington Addition, Block 1, Lot 14, located at 953 National Street across from the Greenwood Molina Children's Center, from "R -1 B" One- family Dwelling District to "R-1B/SP" One - family Dwelling District with a Special Permit to allow a playground as an accessory use to the childcare center occupying Washington Addition, Block 2, Lots 38, 39, 40, and 41, subject to five (5) conditions. (Zoning Map 049040) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following five (5) conditions: 1. Uses: All uses allowed in the "R -1 B" One - Family Dwelling District plus an accessory playground use with associated non - motorized playground equipment to serve the childcare center occupying Washington Addition, Block 2, Lots 38, 39, 40, and 41. H:\ LEG -DIR \Shared \ay\Agenda \20013\9- 9 \ORD- zoning0708 -0 2GreenwoodMolina- special perrnit.doc Page 2 of 4 2. Screening Fence. A standard 6 foot screening fence is required along the side and rear property lines. An optional non - opaque security fence may be placed along the front property line. 3. Lighting: Any playground lighting must be shielded and directed away from the adjacent residences. 4. Hours of Operation: 8:00 am thru 7:00 pm. 5. Time Limit: Such Special Permit shall be deemed to have expired within 18 months of the date of this ordinance, unless the property is being used as outlined in condition #1 and in compliance with all other conditions 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 35 -3 of the Zoning Ordinance of the City of Corpus Christi. 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 finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and 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 9th day of September, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi H: \LEG- DIR \SharedUayAgenda\ 2008\ 9- 9 \ORD- zoningO,ta eenwoodMolina- special permit.doc Page 3 of 4 APPROVED: September 1, 2008 R. Ja ei ' g Assistant City A rttb ney For City Attorney H:\ LEG- DIR \Shared\Jay\Agenda\ 2008\ 9- 9 \ORD- zoning070832&eenwoodMOlina- special pennit.doc Page 4 of 4 Corpus Christi, Texas day of , 2008 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 Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:\ LEG- DIR \SharedUay\Agenda\ 2008\ 9- 9 \ORD- zoning070g&TeenwoodMolina- special permit.doc p3 2-8 OLINA22 5. 5I 30 NATIONAL From R -1B To: R -1B/SP 42 41 40 lid 'Nil AaVJJda4 GREEN CASE # 0708 -02 EXHIBIT A From: R -1B To: R -1B /SP STAFF & PLANNING COMMISSION RECOMMENDATION ORINANCE: -327- 1 Cam. N 0 d1 l� l ll LT) , L1 LTh _L1 L _Ll L -� LL, „ H 1 Al I "•• rN LC1 _ / —n 't t 1,1 711-1 r 1 1 jJ W Th ' L i1 il �l - d 1 1 - -} - L} c, 1 — t � � _�, _� J1 P _ L, _L, �1 O - } l,,- . � , , , � 0 0 ,_ ,_, 1 ,L ) • , , 1�1 0 • 1 0 LLB _L1 0 1 _L 1 0 0 1 1 J L c•1 ,C1 1 cl1 1 o 11 h..-) � 1 ( 11 `• 1 c- ) _L1 ,T. -Hi ,li cl1 ;• i' � ."--) cl 1 Cl C-_-) � V 1 A -11 lit 1 ii___. , � -�-/ L-1 i. l--) 1 , � L--1 L. 1 v 1 `...„ a 1 h. 11 _ L 1 1 L • _ Ill J.) L1 Lil 0 ll1 0 -L, L • ' - c1.1 1.11 0 - 1 L -1 ---, 1 U _L1 11 1 1 11 1 1 1 d - / , I `1 ` `l �_ V-1 .Il Vll c1 1_1_, _ — c. (L1 LLI - �1 Ali ��1 I -L' 1 L) �' -L1 -v — ti 1 �} '_>� _L• �L '; - - -• 1- �1 _L1 T .11 h _L _� l_ — I -L 1 1 U , ly 1 Cam. N 0 d1 l� l ll LT) , L1 LTh _L1 L _Ll L -� LL, „ H 24 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: September 9, 2008) Case No. 0708- 05,Anchor Harbor Mobile Home Community, L.L.C. - A change of zoning from a "B- 4" General Business District to a "T -IA" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 1, resulting in a change of land use from commercial to travel trailer park and "T-1B" Manufactured Home Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 2, resulting in a change of land use from commercial to manufactured home park on property described as 3.167 acres out of Anchor Harbor Tract No.1, located on the north side of South Padre Island Drive and approximately 500 feet west of Paul Jones Avenue. Planning Commission's & Staff's Recommendation (July 23, 20081: Approval of the "T-1A" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 on Tract 1 and "T -1B" Manufactured Home Park District with a "PUD -2" Planned Unit Development -2 on Tract 2 and subject to a site plan and the following four (4) conditions: 1. Uses: The only uses permitted by the Planned Unit Development -2 Overlay are those uses included in the "T -1A" Travel Trailer Park District on Tract 1 and uses included in the "T -1B" Manufactured Home Park District and the two existing single - family residential uses and one office use on Tract 2 of the subject property. 2. Screening: A standard screening fence six feet in height is required adjacent to the medium density residential use located to the west. This screening fence shall be in place within one (1) year of the approval of this ordinance. 3. Lighting: All security lighting must be directional and shielded, be directed away from adjacent residential uses, and light poles must be no higher than 15 feet. Cutoff' shields are required for all lighting. A maximum of one foot candle light is permitted to project beyond the property line near all adjacent residential development. 4. Time Limit: This Planned Unit Development -2 Overlay expires two (2) years from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Requested Council Action: Approval of Planning Commission's and Staffs Recommendation. Staff's Summary: Request: The applicant is requesting a zoning change from a `B -4" General Business District to a "T -IA" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 1 and a "T -1B" Manufactured Home Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 2. The proposed uses are located on a total of 3.167 acres out of out of Anchor Harbor Tract No.1, located on the north side of South Padre Island Drive and approximately 500 feet west of Paul Jones Avenue. • History: The subject property was zoned `B -4" General Business District when it was annexed in the late- 1970's. The original portion of the existing mobile home park located north of the subject property was developed during the 1970's when it was located outside the city limits and is a legal non - conforming use. -331- Agenda Memorandum Case No. 0708-02 (Greenwood Molina Children's Center) Page 2 • Proposed Uses: The applicant proposes expansion of the existing mobile home park located immediately to the north on Tract 2 which is approximately 1.272 acres of land and fronts on South Padre Island Drive. The site plan (Attachment 10) illustrates the southern portion of the existing mobile home park and the proposed mobile home park expansion. In addition, the applicant proposes a new travel trailer park to be located on Tract 1 which includes approximately 1.895 acres of land and is located to the west of Tract 2. The Planned Unit Development -2 overlay is proposed to be used on both Tract 1 and 2 to permit flexibility of site development needed to allow these proposed uses. • Zoning: The `B -4" General Business District is intended to accommodate a full range of commercial uses including retail and personal service uses. The `B -4" District requires a twenty (20) foot front yard setback and ten (10) foot side and rear yard setbacks for buildings when adjacent to properties zoned residentially. This district does not require a minimum lot size and the height is unlimited. The "T -JA" Travel Trailer Park District allows for the development of a travel trailer park use not less than three (3) acres with 100 feet of public street frontage. Travel trailer spaces may be rented by the day or week and only the occupant of a trailer space shall remain in the same travel trailer park not more than 180 continuous days. A "T -1B" Manufactured Home Park District allows for development of a mobile home park with a minimum size of five (5) acres in area and a minimum width of 300 feet located on a public street. The subject property contains less acreage and frontage than required by the "T -IA" and "T -1B" Districts. A "PUD - 2" Planned Unit Development 2 overlay would allow for the development of such uses on lot areas and width less than required by the Districts. • Existing Land Uses: Tract 1 is currently vacant and Tract 2 has two single - family residences and one office use located on it and the balance of Tract 2 is vacant. The property north of the subject property is zoned `B -4" General Business District and "A -2" Apartment House District and is currently developed with mobile home uses. The property immediately to the east and fronting on South Padre Island Drive is zoned "B-4" General Business District and is vacant and the northern portion is developed with a mini - storage facility. The property immediately to the west and fronting on South Padre Island Drive is zoned "A -2" Apartment House District and is developed with medium density residential uses. • Flood Hazard Information: The subject tract is within flood zones "A" (100 year flood plain) and "B" (area of minimal flooding) as depicted on the site plan. • Utilities: The area is served by water and wastewater. An 8" wastewater line and a 10" water line are located at the front of the property along South Padre Island Drive. • Drainage: The proposed drainage of the property is required to provide drainage of the property without exceeding the runoff flows before development. • Transportation/Traffic Impact Study: • The subject property is located on the north side of South Padre Island Drive approximately 500 feet west of Paul Jones Avenue. SPID is designated as an "F1" Freeway in the Urban Transportation Plan. The "F1" Freeway serves through movements of traffic between major urbanized areas, regional traffic generators, and typically serves large concentrations of major commercial centers and corridors. Service to abutting land is subordinate to the function of -332- Agenda Memorandum Case No. 0708-02 (Greenwood Molina Children's Center) Page 3 moving high volumes of through traffic. Traffic speed is high and "on street" bicycle traffic is prohibited. • The Urban Transportation Plan has a goal for a Level of Service "C" for the arterial street system, which means there is stable flow of traffic with periodic delays. Delays per vehicle are no more than twenty seconds, but less than thirty-five seconds. Level of Service is a means to assess the performance of a road system and to quantify the Community's overall goals for road system performance. The Level of Service measure is based on traffic flow involving length of queues, traffic density (light, moderate, heavy), and congestion. This system of describing traffic conditions is hierarchical; with Level of Service A being the best and descending to Level of Service F, as traffic conditions deteriorate. The current Level of Service for South Padre Island Drive is Level D. The Urban Transportation Plan plans average daily trips for an Fl Freeway at well over 50,000 average daily trips. The average daily trips counted in 2001 by TxDOT for South Padre Island Drive was 84,930 a.d.t. The latest traffic count information for the abutting portion of the westbound frontage road of South Padre Island Drive was acquired in 2006 by the City's Traffic Engineering Department. The counts on the westbound segment of South Padre Island Drive frontage road are 30% of the design capacity of the existing two lane frontage road improvements. Notification: Of the five (5) notices mailed to the surrounding property owners zero (0) were retumed in favor and one (1) (9.74 %) was returned in opposition. The 20% rule is not invoked. This case is considered noncontroversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. Bob Nix, AICP Assistant City Manager of Development Services FGM/blp Attachments: I) Zoning Report 2) Planning Commission Minutes (July 9, 2008) 3) Ordinance -333- CITY COUNCIL ZONING REPORT Case No.: 0708 -05 City Council Hearing Date: September 9, 2008 Applicant & Legal Description Applicant: Anchor Harbor Mobile Home Community, LLC Owner: Same Representative: Urban Engineering Address: 8100 South Padre Island Drive Legal Description/Location: 3.167 acres out of Anchor Harbor Tract No.1, located on the north side of South Padre Island Drive and approximately 500 feet west of Paul Jones Drive. Zoning Request From: "B -4" General Business District To: "T -1A" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 1 and "T-IB" Manufactured Home Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 2 Area: 3.167 Total acres: 1.895 acres on Tract 1 and 1.272 acres on Tract 2 Purpose of Request: To allow for a travel trailer park on Tract 1 and expansion of an existing manufactured home park on Tract 2. Existing Zoning and Land Uses Zoning Existing Land Use Future Land Use "B-4" B-4" General Business District Vacant and Low Density Residential Commercial North "B -4" General Business District and "A -2" Apartment House District Mobile Home Medium Density Residential South "B-4" General Business District Commercial Commercial East "B -4" General Business District Commercial and Vacant Commercial West "A-2" Apartment House District Medium Density Residential Medium Density Residential ADP, Map & Violations Area Development Plan: Southeast ADP; The Comprehensive Plan calls for commercial use on the subject property. A change to a travel trailer park use on Tract 1 would be consistent with the Comprehensive Plan. However, a change to mobile home park use on Tract 2 would be inconsistent with the Comprehensive Plan. Staff, however, can support expansion of the existing mobile home development located to the north on Tract 2 of the subject property as an expansion to the mobile home development located to the north. Map No.: 038033, 038034 Zonin. Violations: None —334— Zoning Report Case No. 0708 -05 (Anchor Harbor Mobile Home Community, LLC) Page 2 Request: The applicant is requesting a zoning change from a `B -4" General Business District to a "T-1A" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 1 and a "T- 18" Manufactured Home Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 2. The proposed uses are located on a total of 3.167 acres out of out of Anchor Harbor Tract No.I , located on the north side of South Padre Island Drive and approximately 500 feet west of Paul Jones Drive. • History: The subject property was zoned `B -4" General Business District when it was annexed in the late- 1970's. The original portion of the existing mobile home park located north of the subject property was developed during the 1970's when it was located outside the city limits and is a legal non-conforming use. • Proposed Uses: The applicant proposes expansion of the existing mobile home park located immediately to the north on Tract 2 which is approximately 1.272 acres of land and fronts on South Padre Island Drive. The site plan (Attachment 10) illustrates the southern portion of the existing mobile home park and the proposed mobile home park expansion. In addition, the applicant proposes a new travel trailer park to be located on Tract 1 which includes approximately 1.895 acres of land and is located to the west of Tract 2. The Planned Unit Development -2 overlay is proposed to be used on both Tract 1 and 2 to permit flexibility of site development needed to allow these proposed uses. • Zoning: The `B -4" General Business District is intended to accommodate a full range of commercial uses including retail and personal service uses. The `B -4" District requires a twenty (20) foot front yard setback and ten (10) foot side and rear yard setbacks for buildings when adjacent to properties zoned residentially. This district does not require a minimum lot size and the height is unlimited. The "T -1A" Travel Trailer Park District allows for the development of a travel trailer park use not less than three (3) acres with 100 feet of public street frontage. Travel trailer spaces may be rented by the day or week and only the occupant of a trailer space shall remain in the same travel trailer park not more than 180 continuous days. A "T -1B" Manufactured Home Park District allows for development of a mobile home park with a minimum size of five (5) acres in area and a minimum width of 300 feet located on a public street. The subject property contains less acreage and frontage than required by the "T -1A" and "T -1B" Districts. A "PUD - 2" Planned Unit Development 2 overlay would allow for the development of such uses on lot areas and width less than required bythe Districts. • Existing Land Uses: Tract 1 is currently vacant and Tract 2 has two single - family residences and a pool located on it and the balance of Tract 2 is vacant. The property north of the subject property is zoned `B -4" General Business District and "A -2" Apartment House District and is currently developed with mobile home uses. The property immediately to the east and fronting on South Padre Island Drive is zoned "B -4" General Business District and is vacant and the northern portion is developed with a mini - storage facility. The property immediately to the west and fronting on South Padre Island Drive is zoned "A -2" Apartment House District and is developed with medium density residential uses. • Flood Hazard Information: The subject tract is within flood zones "A" (100 year flood plain) and "B" (area of minimal flooding) as depicted on the site plan. "T -1B" Manufactured Home Park District with a "PUD -2" Planned Unit Development -2 on Tract 2. • Utilities: The area is served by water and wastewater. An 8" wastewater line and a 10" water line are located at the front of the property along South Padre Island Drive. • Drainage: The proposed drainage of the property is required to provide drainage of the property without exceeding the runoff flows before development. —335— Zoning Report Case No. 0708 -05 (Anchor Harbor Mobile Home Community, LLC) Page 3 • Transportation/Traffic Impact Study: o The subject property is located on the north side of South Padre Island Drive approximately 500 feet west of Paul Jones Avenue. SPID is designated as an "Fl" Freeway in the Urban Transportation Plan. The "F1" Freeway serves through movements of traffic between major urbanized areas, regional traffic generators, and typically serves large concentrations of major commercial centers and corridors. Service to abutting land is subordinate to the function of moving high volumes of through traffic. Traffic speed is high and "on street" bicycle traffic is prohibited. o The Urban Transportation Plan has a goal for a Level of Service "C" for the arterial street system, which means there is stable flow of traffic with periodic delays. Delays per vehicle are no more than twenty seconds, but less than thirty -five seconds. Level of Service is a means to assess the performance of a road system and to quantify the Community's overall goals for road system performance. The Level of Service measure is based on traffic flow involving length of queues, traffic density (light, moderate, heavy), and congestion. This system of describing traffic conditions is hierarchical; with Level of Service A being the best and descending to Level of Service F, as traffic conditions deteriorate. The current Level of Service for South Padre Island Drive is Level D. The Urban Transportation Plan plans average daily trips for an F1 Freeway at well over 50,000 average daily trips. The average daily trips counted in 2001 by TxDOT for South Padre Island Drive was 84,930 a.d.t. The latest traffic count information for the abutting portion of the westbound frontage road of South Padre Island Drive was acquired in 2006 by the City's Traffic Engineering Department. The counts on the westbound segment of South Padre Island Drive frontage road are 30% of the design capacity of the existing two lane frontage road improvements. Street R.O.W. Street Type (Urban Transportation Plan) Paved Section *Volume South Padre Island Drive F -I Freeway 400' ROW 84,930 a.d.t. (west of Paul Jones Dr.) (2001) *Source: TxDOT • Potential Nuisances: There are several potential nuisances of noise and lighting with the development of a travel trailer park use adjacent to existing medium density residential. Some noise will be generated from the movement of vehicles within the site. These nuisances may be mitigated by requiring a standard screening fence or wall adjacent to the residential use. • Security lighting for the travel trailer park is another potential nuisance when lighting is directed toward adjacent residential properties. Limiting the height of light poles in the travel trailer park, requiring lighting to be directed away from adjacent residential areas, and requiring cutoff shields to prevent light trespassing to adjacent residential properties. -336- Zoning Report Case No. 0708 -05 (Anchor Harbor Mobile Home Community, LLC) Page 4 • Comprehensive Plan Consistency: The Comprehensive Plan indicates the future land use as commercial. The subject property is located in the Southeast Area Development Plan. The Comprehensive Plan identifies policy statements for land use decisions. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning.). Approval of the rezoning will amend the Comprehensive Plan. Several policy statements are available in the Southeast Area Development Plan as well as in the Corpus Christi Policy Statements, An Element of the Comprehensive Plan, adopted in July 1987 to ensure consistency of zone change requests with the Comprehensive Plan. Southeast Area Development Plan (ADP) Policy Statements: • 13.1 - POLICY STATEMENT The City Council, hereby, adopts the Future Land Use Plan as the guide for future land use decisions. The intent of the proposed land use plan is to support existing and planned residential neighborhoods and related growth in the Southeast ADP areas. The plan provides for a compatible configuration of uses with emphasis on: accommodation of existing zoning patterns; the protection of low density residential areas from incompatible uses; the placement of commercial uses at locations with good access and high visibility; and the identification of environmentally sensitive areas that should be preserved. Staff Comment: The proposed development is not consistent with the Policy Statement B.1. The protection of low density residential activities from higher - intensity activities such as increased noise, environmental impacts from increased lighting, and other land use compatibility elements must be adhered to. Steps that should be taken to prevent negative impacts and promote sensitive design between different land uses include: a. Noise impacts from non - residential uses should be reduced by creating a buffered area adjacent to the single - family residential uses. Such buffered area may include a screening fence or masonry wall, larger setbacks, minimum distances for dumpsters, canopy trees, etc. These methods can be used singularly but are usually most effective when applied in combination to provide'the desired effect; and b. Lighting from non - residential uses should be directed away from residential areas. Comprehensive Plan - Policy Statements • Land Use Policy a.: ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLANS. The City Council adopted Area Development Plans shall be used as a guideline for zone changes and subdivision development decisions. In addition, the area development plans will provide a legal foundation upon which the City Council and the Planning Commission should base their land development decisions. However, area development plans should be flexible and are subject to revisions if conditions have changed since approval of an area development plan and/or if the proposed changes are consistent with the adopted Comprehensive Policy Statements. -337- Zoning Report Case No. 0708 -05 (Anchor Harbor Mobile Home Community, LLC) Page 5 Staff Comment: The Southside AreaDkvelopment Plan supports low density-residential-uses for -the subject-property.- A change to commercial uses-would be inconsistent-with the Comprehensive Plan. However, staff can support expansion of the existing mot ome e par and a small new travel trailer park on the subject property. - - • Residential Policy c.: COMMERCIAL USES ADJACENT TO EXISTING OR PROPOSED RESIDENTIAL— AREAS SHOULD BE BUFFERED OR USE SENSITIVE IN DESIGN. Care must be taken in design of commercial property to make the use compatible with adjacent residential development. Traffic from commercial areas should be routed away from residential areas. In order to protect residential areas, open space, screening fences, and landscaping should be required and loud or disruptive uses should be prohibited unless other design techniques are used to make the uses compatible. Staff Comment: See Staff comments in Southside ADP Policy Statement B -1 above. Plat Status: The subject property is platted. Department Comments: • A change of zoning to "T -JA" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 on Tract 1 of the subject property would be consistent with the Southeast Area Development Plan which indicates as the future land use as commercial. A travel trailer park could be considered a commercial use much like a motel with transient users. However, a change to "T- IB" Manufactured Home Park District with a "PUD -2" Planned Unit Development -2 on Tract 2 would be inconsistent with the Comprehensive Plan. Staff, however, can support expansion of the existing mobile home development located to the north on Tract 2 of the subject property as an expansion to the mobile home development located to the north. Staff Recommendation: Approval of the "T -1A" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 on Tract 1 and "T -1B" Manufactured Home Park District with a "PUD -2" Planned Unit Development -2 on Tract 2 and subject to a site plan and the following four (4) conditions: 1. Uses: The only uses permitted by the Special Permit are those uses included in the "T -IA" Travel Trailer Park District on Tract 1 and uses included in the "T -IB" Manufactured Home Park District and the two existing single - family uses and the existing office on Tract 2 of the subject property. 2. Screening: A standard screening fence six feet in height is required adjacent to the medium density residential use located to the west. This screening fence shall be in place within one (I) year of the approval of this ordinance. -338- Zoning Report Case No. 0708 -05 (Anchor Harbor Mobile Home Community, LLC) Page 6 3. Lighting: All security lighting must be directional and shielded, be directed away from adjacent residential uses, and light poles must be no higher than 15 feet. Cutoff shields are required for all lighting. A maximum of one lumen of light is permitted to project beyond the property line near all adjacent residential development. 4. Time Limit: This Special Permit expires two (2) years from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Planning Commission Recommendation: Approval of Staff Recommendation. Number of Notices Mailed — Favor — *Opposition _ _ — (As of August 18, 2008) 5 within 200 foot notification area; 6 outside notification area. 0 (inside notification area); 0 (outside notification area) 1 (inside notification area); 0 (outside notification area) Attachments: 1. Neighborhood — 2006 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2006 Aerial 5. Subject Case 6. Site — Existing Zoning, Notice area, Ownership 7. Comments received from Public Notices mailed 8. Ownership List 9. City Charter — Article V- Planning 10. Requested Council Action (Exhibit A) 11. Zoning District Uses H:\PLN- DIR\SHARED\Beverly\2008 PC12008 Zoning Report\July \CC \0708 -05 Anchor Harbor Mobile Home Community, LLC.doc —339— CASE # 0708 -05 1. NEIGHBORHOOD - 2006 AERIAL Subject Property Refer to Map 2 for Neighborhood Existing Land Use. Also available at www.cctexas.com LLOCATION MAP SUBJECT �`"— PROPERTY SUBJECT PROPERTY 0 200 400 / 800 Feet CASE # 0708 -05 2. NEIGHBORHOOD - EXISTING LAND USE m Estate Residential - ER Low Density Res. - LDR - Med Density Res. - MDR F iCSl High Density Res. - HDR Mobile Home -MH IVACI Vacant - VAC 1 PC 1 Professional Office - PO Commercial - COM 1crI Light Industrial - LI Heavy Industrial - HI Public Semi - Public - ASP Park Drainage Corridor - DC Dredge Placement - DP Water Conservation /Preservation - CP Prepared By. 4488 Departmenr of Derelopmem Services ti 1 �n LLOCATIOW MAP l'� v Z ` MOMX SUBJECT PROPERTY City of Corpus Christi / Tract i ` Tract 2 /I SUBJECT /'. PROPERTY,: C Prepared by: MSB Department of Development Services CASE # 0708 -05 2. NEIGHBORHOOD - EXISTING LAND USE m Estate Residential - ER Low Density Res. - LDR - Med Density Res. - MDR GlCSl High Density Res. - HDR Mobile Home -MH IVACI Vacant - VAC 1 Pc 1 Professional Office - PO Commercial - COM 1crI Light Industrial - LI Heavy Industrial - HI Public Semi - Public - ASP Park Drainage Corridor - DC Dredge Placement - DP Water Conservation /Preservation - CP ti 1 �V LLOCATIOW MAP SUBJECT PROPERTY City of Corpus Christi on WATEP ,4i9)0 MDR ,vn DIY 1JLR ,;D.4 Tract 1 Dc Tract V COY SUBJ €CT\ PROPERTY. COM (:DR LDR PA 01, DR / /SC OG 0 200 400 800 —jon■Feel • tiF mgr, /!ham \ih. ".. WATER Prepared By. A18B Departmenr of Derelopmem Services CASE # 0708 -05 3. NEIGHBORHOOD - FUTURE LAND USE n01 Agricultural /Rural - AR IroP Tourist - TOR Estate Residential - ER I REP Research/Business Park - RBP f 1 Low Density Res. - LDR LI Light Industrial - LI - Med Density Res. - MDR 1 Ht Heavy Industrial - Hl IHDP High Density Res. - HDR POP Public Semi- Public - ASP Mobile Home - MH I Park ivAcl Vacant - VAC I no Drainage Corridor -DC Professional Office - PO DP Dredge Placement - DP Commercial - COM Water I cr Conservation /Preservation - CP m Transportation Plan ._ve Propose., Arterials Collectors • Expressways =___: Parkway ++i+1- Railroad l4W5 f �n LLOCATIOW MAP SUBJECT PROPERTY City of Corpus Christi i CP DC SIDE • dzi / v se uopnnm.m or D.. u?pma -_., _ -s xx. CASE # 0708 -05 3. NEIGHBORHOOD — FUTURE LAND USE { F 1 Agricultural /Rural - AR I TOP Tourist - TOR Estate Residential - ER I REP Research/Business Park - RBP f 1 Low Density Res. - LDR I L' Light Industrial - LI - Med Density Res. - MDR I HL Heavy Industrial - HI I HDP, High Density Res. - HDR I P. P Public Semi- Public - ASP "•� i Mobile Home -MH I Park i iVACI Vacant - VAC Ino Drainage Corridor -DC Th Professional Office - PO DP Dredge Placement - DP /� / Commercial - COM I Water v i / I Cr Conservation /Preservation - CP 1`�. / Transportation Plan I ig Foos.. Arterials • • -- Colectors '-`' ` • Expressways ____: - Parkway +H+f Railroad LLOCATIO N MAP m r SUBJECT PROPERTY City of Corpus Christi CASE # 0708 -05 4. SITE- 2006 AERIAL Subject Property Refer to Map 2 for Neighborhood Existing Land Use. Also available at vim,/ cctexascom LLOCATION MAP SUBJECT PROPERTY CASE # 0708 -05 5. SUBJECT CASE Ap r6 + Ce0ik6k1 4-1A 6pmhrcrt nou.e (logy, A-2 Aprrwent COUS60IS'fICt AS Professiontl otoe C6stro AT 4pr16e111- 2066161 066161 261 Neg0GVi,03 Business 016brs 31 4 N1Nn6alrrm &sines, Distp,F 9-2 bancnt .sin ss OL=bE; 6-26 Err:Oland 6636nea O1s666 6L'slnes126669116 arnl BlnM .O16Rfat -5 rwr6umass Era", 36 mry8u• Co, r 60 Corp:. C ■r ist, Beeen 0as p6 6s! FF Fai m Rllval Cls6kt n6 Nk6-rkal- Cui6ixa1 Lerdmark FnreNalloo mvletllnu ai 011Qm Li)M luduahinl 9i.bicl -3 3/4-11cli 0i361ct PL_ yenned L"f 0e/61Nmen: ri R -1k One FaMly DUe6ntf 066181[! R -12 One Family Oure6ny 0■866/11: 66 Mnue*nmlr Owehing Disiott F be0e J 966: 36 One YES is R eMennAi ee DI IX r S YuuseOU rJ R +aY Tra IP 16 frailer astkt 7-I0 M6W6ctve 686 F08R 6s.61af TIC 016ilaaNlEa HOme 511E644sion OlsYlcr SUBJECT PROPERTY CASE # 0708 -05 6. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP 2 -1 Apar meni House Clslhct CMted lndusnlal Dishcl 8-12 2p8221 2621e 0ISM61 12 0gntlnaysh4 3) 10131 P2 AS sse e O1stoct 1-3 Oeaty lndu02251 0401r- Poresulal Otce Disidcl °u9 Punned Jnll Devebp:ner. 32 A metFT 13 Om 4 0112131 2 -1 .Neighborhood 2u;:ne3e Distoc' 3-12 One Fan-dry DU'e1ing District 343 Nean)3000048 s ols5:cl 4 -10 One Famity Dwetfino OMbict 8-2 ba*2nl arsine. astrie■ R2 MWtfa 0481014 D.t.1 22 2ac1er !stand Bi'. ss District RA One Faml we1oo Di✓ic. ?-3 82,1rie, Dint/let 40 Rendentlal ESUle OlsLlcr er8531, : ea, R-Th 2 un1101 _ SS F'imary2usiness C'sncl SF opeco, Permit e5 mart' Business Lon 05111lcl —15, Park08Y1c1 20 Corpus CMisti Seat Deslon as: 74 I1anuraclured Home Park Disblcl 0-4 n rzu m10v2kl 0 Mann1815 Home SUbd1Vlslon 00 r';;sei,.ai- CUllvvai Lanomaln as k-115 A'esm ✓aran Srblect Froperty Crvrners e:Rn 200' burr' Infewr A O 1 1.45 200 e4 3,7 V Owners °t attaChed CAW:etShfp MD :8 aouosMon SUBJECT PROPERTY COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0708 -05 Name: Anchor Harbor Mobile Home Community, L.L.C. Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 11 1 Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: 1 (9.74 %) #4, Benito and Melissa Barrera, P.O. Box 270775 — "I do not want my property to be effected in the future!" II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 0 H:\PLN- DIR\SHARED\Beverly\2008 P02008 Public Comments \0708- 05.doc —357— 000000000, 66 a c 3ggnamfi'c4o n ".aaaS.ca.ai' XJt XJ(XXXJ-i JfX X SmPPoPSY�ff O +ON> N -358— e• ' m m J m 3 a a JlXQ° O D 8 i6 S88° m o +m 1. 0 C 0 m S 0 oR f • m S g 9 3 S 2332 - @S ✓ f ag. 2Amzm + . m d ? w o c 3, v m i mm2o 9 v m E S in0 . n ] d n w H -rift' Q a m 030 R. 0 R. r X30 g1 *MT i Im 0 /°; r E mg Ix= m rmiv �+ 11111m §Rmo Z ° o f — $ mm 0§. 0 ° m ° ri n e i g 9 SO m gmp O m LX 6 m >0 P N p$0) Xm N z m m z m o 0 n n n o 5 1 a E n n n n o n 7 a a 7 7. X x X S J T E a M v P b N T m 0 o a a mm E l m m 3 3 " 0 0 ea O n 0 0 o " m m O 0 • 0 0 O 0 000 p0py0 yn -,-0194 1 (0 Nm0 zccc 0000 1=1= 3373 (03(00 to D gibinbas mXXfl (n>0N -(0o °000°0 29mm ;b ;c to c City Charter — Article V ARTICLE V. PLANNING Sec. 1.. Purpose and Intent. The city coundl shall establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest. Sec. 2. Organization of Planning Commission. A planning commission Is hereby established which shall consist of nine registered voters of the dty. The members of the commission shall be appointed by the city council for staggered terms of three years. The commission shall elect a chairperson from among Its membership each year at the first regular meeting in August and shall meet not less than once each month. Any vacancy in an unexpired term shall be filled by the city council for the remainder of the term. Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city council regarding the adoption and implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the dty council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the council on any amendments to the plan, and forward to the council comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city council regarding zoning or zoning changes in a manner to Insure the consistency of any such zoning or changes in zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the city in a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the city council on the city's annual budget and any capital improvement bond program. (b) The departments of the city government shall cooperate with the planning commission in furnishing it such information as is necessary in relation to Its work. (c) The commission shall be responsible to and act as an advisory body to the council and such additional duties and exercise such, additional powers as may be prescribed by ordinance of the council. Sec. 4. The Comprehensive Man. The city council shall adopt by ordinance a comprehensive plan, which shall constitute the master and general plan of the city. The comprehensive plan shall contain the city's policies for growth, development and aesthetics for the land within the corporate limits and the extraterritorial jurisdiction of the city, or for portions thereof, including neighborhood, community and, area -wide plans. The —359— comprehensive plan shall include the following elements: (1) A future land -use element; (2) An annexation element; (3) A transportation element; (4) An economic development, element; (5) A public services and facilities element, which shall include a capital Improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable In order to further the above objectives. Each element of the comprehensive plan shall Include policies for Its implementation and shall be Implemented, in part, by the adoption and enforcement of appropriate land development regulations and other ordinances, policies and programs. After at least one public hearing, the planning commission shall forward the proposed comprehensive plan, or element or portion thereof, to the city manager, who shall submit such plan, or element or portion thereof, to the city council with his or her recommendations. The city council may adopt, or adopt with changes or amendments, the proposed comprehensive plan, or element or portion thereof, after at least one public hearing. The city council shall act on the plan, or element or portion thereof, within sixty days following its submission by the city manager. If the plan should be rejected by the council, It shall, with policy directions to the commission, return the plan to the planning commission which may reconsider the plan and forward it to the city manager for submission to the council In the same manner as originally provided. All amendments to the comprehensive plan recommended by the planning commission shall be forwarded to the city manager and shall be subject to review and adoption In the same manner as for the original adoption of the comprehensive plan as set forth in this section. See. 5. Legal Effect of Comprehensive Plan. All city Improvements, ordinances and regulations, shall be consistent with the comprehensive plan. In the case of a proposed deviation to the adopted plan, or any element or portion thereof, the planning commission shall communicate its recommendations to the council which may approve or disapprove such deviation. Sec. 6. Platting Property. The city shall not pay for the property used for streets and alleys within any subdivision, but the same shall, when platted, be dedicated to such use and shall become the property of the city and shall be maintained as such. The city shall not grant any permit to construct or enlarge any house or structure within the city until a plat shall be approved and filed. -360- ATTACH ENT • 10 Exuiejr A LOUR BL.i'FF & ENC TR -1 / R - 2 HUBLER TR CHOR HARBOR OSO BAY BUS -LNESS r.ENTE PERRY PLACE ANNEX E r FLOUR BLUF CASE # 0708 -05 REQUESTED COUNCIL ACTION EXHIBIT A From: B -4 To: T -1A /PUD -2 (TRACT 1) T -1B /PUD -2 (TRACT 2) ORDINANCE: oc, 8115,2008 pared 6y: 8RR menyervices TAMUC - 85 - ARTICLE 16. "B-4" GENERAL BUSINESS DISTRICT REGULATIONS Section 16-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the `B-4" General Business District. The purpose of this district is to provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, particularly along certain existing major streets where a general mixture of commercial and service activity now exists, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or the nuisance factors of dust, odor, and noise associated with manufacturing. Section 16 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "B -1" Neighborhood Business District. ( 2) Amusement place in an enclosed building, auditorium, or theater except open air drive -in theaters. (3) Athletic field or baseball field. ( 4) Boat, automobile, motorcycle, recreation vehicle, and HUD -code manufactured home sales and storage. (Ordinance 22851, 02/18/97) (5) Sales and repair of plumbing, heating, electrical, and air conditioning equipment, and auto parts and tire sales and service within an enclosed building. Wholesale house of not more than 6,000 square feet in floor area. ( 6) Bowling alleys and billiard parlors. ( 7) Food storage lockers. ( 8) Animal hospital with no outside runs. (Ordinance 24566, 08/28/01) ( 9) Hotels, motels, or motor hotels. (10) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted. (Ordinance 026735, 4/17/06) (11) Printing, publishing, and engraving. (12) Milk distributing stations, provided there is no bottling on the premises. (13) Radio or television broadcasting stations, studios, and offices, but not sending or receiving towers. (14) Skating rink in an enclosed building. (15) Swimming pool or natatorium. (16) Accessory buildings and uses, except that outside storage is not permitted. (17) Public or governmental buildings. (18) Mini - storage enclosed. (Ordinance 24566, 08/28/01) 02/08 B-4 -362- - 86 - (19) Promotional events, subject to the special conditions set forth in Article 27A, Section 27A -2 of this Ordinance. (20) Service station. (21) Tavems, lounges, or bars. (22) Automobile service, painting and body work are permitted as an accessory use within an enclosed building when associated with auto sales establishment. (23) Car washes. (24) Camper shell sales and installation. (25) Commercial panting garage. - (26) Automotive repair, major and minor, provided all work is performed inside of a building. (27) Fanners market retail sales area as accessory use to shopping center. (Ordinance 23932, 02/08/00) Section 16-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 16-4 Off-street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. Section 16-5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 16 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R -IA ", "R -1B ", "R -IC" "R -2 ", "A -1", "A -IA", or "A -2" residential district. 16 -5.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R -113", "R -1C" "R -2 ", "A -1 ", "A-1A", or "A -2" residential district. 16-5.03 Any boats, automobiles, recreational vehicles, or manufactured homes stored or displayed for sale shall not be permitted in the yard areas required by Article 24. (Ordinance 22851, 02/18/97) Section 16-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 -363- -49- ARTICLE 12. "B-1" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS Section 12 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the `B -1" Neighborhood Business District. This district provides primarily for retail shopping and personal service uses to be developed either as a unit or in individual parcels to serve the needs of nearby residential neighborhoods. Section 12 -2 Use Regulations. A building or premises shall be used only for the following purposes: (1) Any use permitted in the "AB" Professional Office District. ( 2) Automobile parking lots. ( 3) Display room for merchandise to be sold on order where merchandise sold is stored elsewhere. ( 4) Custom dressmaking and tailoring not involving a factory, shoe repair, household appliance repair, custom cleaning shop not involving bulk or commercial type plants, household fumiture upholstery shop accessory to retail furniture sales, and bakeries. (5) Fueling. ( 6) Offices and office buildings. ( 7) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted within this district. (Ordinance 026735, 4/17/06) ( 8) Personal service uses including barber shops, banks, beauty parlors, photographic or artists' studios, messengers, taxi cabs, newspaper or telegraphic service stations, dry cleaning receiving stations, restaurants with or without alcoholic beverages (excluding taverns, lounges, or bars), and other personal service uses of a similar character. Retail stores, including florist shops and greenhouses in connection with such shops, but there shall be no slaughtering of animals or poultry on the premises of any retail store, nor shucking of oysters or processing of fish. (10) Self - service Laundries. (I 1) Undertaking business or establishment. (12) Accessory buildings and used customarily incidental to the uses permitted in the district, except that outside storage and outside sales area are not permitted. (13) Hand operated or automated self - service car washes. (14) Automotive parts sales within a building containing less than 3,000 square feet in gross area with no service bays. Section 12 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 12 -4 Off - street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. Section 12 -5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart on Article 24, and in addition the following regulations shall apply: (9) 02/08 -364- B -1 - 50 - 12 -5.01 There shall be a side yard not Tess than ten (10) feet in width on the side of a lot adjoining an "R -IA ", "R -1B ", "R -IC ", "R -2", "A -1 ", "A -1A ", or "A -2" residential district. 12 -5.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R -1B ", "R -1C ", "R -2 ", "A -I ", "A -1A ", or "A -2" residential district. Section 12 -6 Supplementary height and area regulations are contained in Article 27. 02/08 -365- B -1 - 47 - ARTICLE 11. "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS Section 11 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "AB" Professional Office District. This district is intended to encourage office development of high character in attractive surroundings with types of uses and exterior indication of these uses so controlled as to be generally compatible with single - family or multiple - family dwellings conveniently located within or adjacent to the district. Section 11 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "R -1A" One - family Dwelling District. ( 2) Two-family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) (3) Multiple- family dwellings. ( 4) Boarding, rooming, and lodging houses. ( 5) Private clubs, fraternities, sororities, and lodges excepting those the chief activity of which is a service customarily carried on as a business. ( 6) Non -profit, religious, educational, and philanthropic institutions. ( 7) Business and professional offices and office buildings provided the following conditions are met: (a) No building may be constructed with, or altered to produce a store front, show window, or display window; (b) There shall be no display from windows or doors and no storage of merchandise in the building or on the premises; and (c) There shall be no machinery or equipment, other than machinery or equipment customarily found in professional or business offices, used or stored in the building or on the lot. 02/08 (8) Clinics or hospitals including a pharmacist's shop for dispensing of drugs and medical supplies primarily to patients or occupants of the building; provided, however, there shall be no entrance to such shop except from inside the building and further provided that there be no exterior signs advertising such shop except as provided in item (13) of this section. ( 9) Child care centers. (10) Apartment hotels. A business may be conducted within the building for the convenience of the occupants of the building, provided there shall be no entrance to such place of business except from inside the building and further provided that there be no exterior signs advertising such business. (11) Beauty culturist and hair stylist shop, studio for an artist, photographer, sculptor or musician including teaching of art, music, dancing or other artistic instruction, provided the following conditions are met: (a) No building may be constructed or altered to produce a store front, show window or display window; -366- AB -48- (b) There shall be no display from windows or doors; (c) There shall be no storage of merchandise in the building or on the premises, and no machinery or equipment other than customarily accessory to permitted uses; (d) No exterior sign shall be permitted except as provided in item (13) of this section; and (e) There shall be no adverse effect created on adjacent or neighborhood properties by reason of dust, odor, vibration, glare or noise. (12) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Roof signs, neon signs and portable signs are prohibited. (Ordinance 026735, 4/17/06) (13) Reserved. (Ordinance 024715, 12/18/01) (14) Reserved. (15) Accessory buildings and uses customarily incidental to the uses permitted in this district, including retail sales accessory to the main use. (Ordinance 24715, 12/18/01) (16) Assisted living facility. (17) Bed and breakfast (B &B) inn. (Ordinance 24566, 08/28/01) (Ordinance 24580, 09/11/01) Section 11-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 11-4 Off-street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. Section 11 -5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be as set forth in the chart of Article 24, and in addition the following regulation shall apply: 11 -5.01 Requirements for floor area per acre shall not apply to dormitories, fraternities, or sororities where no cooking facilities are provided in individual rooms or apartments. Section 11-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 -367- AB - 25 - ARTICLE 5. "R -1A" ONE - FAMILY DWELLING DISTRICT REGULATIONS Section 5-1 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "R-1A" One- family Dwelling District. The purpose of this district is to provide for single - family residential development of relatively more spacious character together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of high character and contains vacant land considered appropriate for such development in the future. Section 5-2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Truck garden, orchard, or nursery for growing or propagation of plants; trees and shrubs, but not including the raising for sale of birds, bees, rabbits, or other animals, fish or other creatures to such an extent as to be objectionable to surrounding residences by reason of odor, noise, or other factors, and provided no retail or wholesale business office or store is maintained on the premises. (2) Single - family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) ( 3) Churches and parish halls, temples, convents, and monasteries. (4) Colleges and schools, public and non -profit private schools, having a curriculum and conditions under which teaching is conducted equivalent to a public school and institutions of higher learning. In connection with the use of such premises as a college or school, the premises may be used for signs, excluding portable signs, which are within 100 feet of a public street for identifying any permitted educational or related athletic facility or publicizing related educational events provided that no sign contain any commercial message or commercial logo that exceeds 35 percent of the total sign area. Signs not within 100 feet from a public street are permitted without restriction provided such sign does not incorporate flashing, moving, or intermittent illumination. The number of signs and square footage of permissible sign area is not otherwise limited. Any sign not in compliance with this paragraph for the use of colleges and schools described herein shall be granted the status of a nonconforming sign upon the registration of such sign with the Building Official or his designated representative within six months of the effective date of this ordinance verifying for each sign: (a) that the sign was constructed and in use prior to January 1, 1989; (b) that the sign is used to identify or publicize educational or related athletic events; (c) the location of the sign; and (d) the percentage of total sign area which is used or dedicated to a commercial logo or commercial message. All signs registered as nonconforming sign pursuant to this paragraph shall be subject to the provisions of Article 26 -11. Nonconforming Signs of this Zoning Ordinance. (5) Home occupations. ( 6) Nonprofit libraries or museums, art galleries; public utility installations for sewer, water, gas, electric and telephone mains and incidental appurtenances. ( 7) Public parks, playgrounds, golf courses, (except miniature golf courses, putting greens, driving ranges and similar activities operated as a business), nonprofit, nongovernmental public recreation, and community buildings. 02/08 R -1A -368- - 26 - ( 8) Railroad rights -of -way, including strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations. ( 9) Shell dredging in water submerged areas. (10) Temporary buildings, the uses of which are incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two years from the time of erection of such temporary buildings, whichever is sooner. (11) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/03/04) (a) For properties developed with single - family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box. Only one sign per street frontage is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. (12) Child care homes. (13) Accessory buildings and uses including, but not limited to, private garages, servants quarters, guest houses, swimming pools, home barbecue grills, storage, off -street parking and loading spaces, customary church bulletin boards and identification signs, which shall not utilize or incorporate flashing, moving, or intermittent illumination and shall not exceed thirty (30) square feet in area for permitted public and semi- public uses. (14) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99) (15) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B &B) or bed and breakfast home with special events (B &B /SE). (Ordinance 24580, 9/11/01) Section 5-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 5-4 Off-street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. 02/08 R -1 A -369- - 27 - Section 5-5 Height, Area, and Bulk Regulations. Height, area, and bulk requirements shall be as set forth in the chart of Article 24, which chart, and all notations and requirements shown therein, shall be a part of this Ordinance and have the same force and effect as if all the notations and requirements set forth therein were fully set forth or described therein. In the "R -1A" District all lots in platted subdivisions may comply with the lot area and yard requirements of the "R -1B" District as minimum requirements. Section 5-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 R -1 A -370- - 34 - ARTICLE 7A. "T -1A" TRAVEL TRAILER PARK DISTRICT REGULATIONS Section 7A -1 The regulations set forth in this article, or set forth elsewhere in this ordinance when referred to in this article, are the regulations of the "T -IA" Travel Trailer Park District, "T -1B" Manufactured Home Park District, and "T -1C" Manufactured Home Subdivision District. These districts are intended to preserve appropriate land for the development for single- family residences utilizing manufactured home parks and subdivisions and also for the development of tourist accommodations which utilize travel trailer parks. Manufactured homes and travel trailers shall be restricted to the zoning districts named in this section. It shall be unlawful for any person to construct, alter or extend any travel trailer park, manufactured home park, or manufactured home subdivision area within the limits of the City of Corpus Christi unless he holds a valid building permit issued by the City Building Official in the name of such person for the specific construction, alteration, or extension proposed. Also all plans for specific construction, alteration, or extension of a travel trailer park, manufactured home park, or manufactured home subdivision shall have been submitted, reviewed and approved by the Building Inspection Division according to the procedures established by the Platting Ordinance and all other applicable ordinances of the City of Corpus Christi before the permit is issued by the Building Official. (Ordinance 22851, 02/18/97) Section 7A -2 Use Regulations of the "T -1A" Travel Trailer Park District. An area or premises shall be used and developed according to the following regulations: (1) A permit to construct, alter or extend any travel trailer park area may be issued only when such area is located within the appropriate zoning district as provided for in this Ordinance and such area consists of at least three (3) acres in size with a minimum frontage of one hundred (100) feet located on a public street or highway, provided, however, such area occupied by a travel trailer park may be less than three (3) acres in size if operated in conjunction with, in the same ownership of and contiguous to or directly across a public right -of -way of not more than one hundred twenty (120) feet in width, from a motel or mobile home park operation both of which constitute three (3) acres or more in size meeting all zoning ordinance requirements. ( 2) Trailer spaces shall be rented by the day or week only and the occupant of a trailer space shall remain in the same trawl trailer park not more than one hundred eighty (180) continuous days. Exposed ground surfaces in all parts of a travel trailer park shall be paved or covered with screening or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and eliminating objectionable dust. (4) Access to the travel trailer park shall be from a public street or highway, number and location of access drives shall be controlled for safety and protection of personal property. No travel trailer space shall be designed for direct access to a street outside the premises of the travel trailer park. Interior access drives shall be paved and maintained in a smooth hard and dense surface which shall be well drained. (3) (5) Internal access drives shall meet the following requirements: One -way, no parking 11 feet (Acceptable only if less than 500 total length and serving less than 25 trailer spaces.) One -way, parking on one side only, or two -way, no parking 18 feet (Acceptable only if serving less than 50 trailer spaces.) Two -way, no parking 24 feet 02/08 T -1 -371- 02/08 -35- Two -way, parking on one side only 27 feet Two -way, parking on both sides 34 feet (6) Each travel trailer space shall provide sufficient parking and maneuverability space so the parking, loading or maneuvering of trailers incidental to parking shall not necessitate the use of any public street, sidewalk, or right -of -way or any private grounds not part of the travel trailer park. There shall be no minimum lot area for a travel trailer space in a travel trailer park except that trailers shall be so harbored on each space that there shall be at least a 10 -foot unobstructed clearance between travel trailers provided, however, that no part of a travel trailer shall be located closer than twenty (20) feet to any building within the park nor closer than five (5) feet to any access drive. There shall be no more than twenty -five (25) travel trailer spaces per acre of gross site area. The travel trailer park shall be screened from public streets, highways, and adjacent property by a standard screening fence, unless this requirement is modified or waived by City Council action after a hearing and recommendation of the Planning Commission in accordance with the provisions of Article 30 and Section 33 -3.02. (Ordinance 23016, 07/29/97) In all travel trailer parks, there shall be at least one recreation area which shall be accessible from all spaces. The site or sites of such recreation area or areas shall total not less than eight percent (8 %) of the gross site area. (10) Outside lighting shall be erected in such a manner that it not be detrimental to or project onto adjacent properties, and any outdoor identification sign shall not utilize or incorporate flashing, moving, or intermittent illumination, shall not exceed ten (10) feet in height, shall not overhang or project into the public right -of -way, and shall not exceed thirty (30) square feet in area, indicating only the use of the premises. If such sign is located on a building, it shall not project more than eighteen (18) inches from the wall of the building or structure, and shall not extend above the height of the building. (11) The travel trailer park shall conform to all other regulations contained in the Corpus Christi Building Code, Gas Code, Plumbing Code, and Electrical Code. (12) Storage, collection and disposal of refuse in the travel trailer park area shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. All refuse shall be stored in fly -tight, water -tight, and rodent -proof containers, which shall be located not more than one hundred fifty (150) feet from any trailer space. (13) The travel trailer park area shall be subject to the rules and regulations of the Corpus Christi fire prevention authority. A travel trailer park exceeding six hundred (600) feet in depth shall be required to install a 6 -inch fire main, looped if possible, located within the travel trailer park and installed at or near the edge of the paving in a dedicated easement or fire lane. Fire hydrants shall be located along the main so as to make fire protection available to all surface property in the travel trailer park. This facility is to be installed at the developer's expense and maintained by the City. Metered service connections are to be provided from the fire main as approved by the Water Superintendent (14) The owner of the travel trailer park area shall at all times operate the travel trailer park in compliance with this Ordinance and shall provide adequate supervision to maintain the travel trailer park area, its facilities, and keep equipment in good repair and in a clean and sanitary condition at all times. (Ordinance 22851, 02/18/97) ( 7) ( 8) ( 9) -372- T -1 - 36 - (15) Any of the following uses provided such uses are accessory to the use of the property as a travel trailer park and do not occupy more than 1/3 of the area within the travel trailer park development. (a) Barber shops; (b) Beauty parlors; (c) Dry cleaning receiving stations; (d) Self- service laundries (clothing or car wash); (e) Drive -in restaurant, restaurants with or without alcoholic beverages, but excluding taverns, lounges, and bars. (1) Convenience grocery stores of less than 4,000 square feet; (g) Child care centers; (h) Filling stations. None of the above described uses shall be allowed to operate in travel trailers or manufactured homes. (Ordinance 22851, 02/18/97) (16) A single - family dwelling unit or manufactured home for resident watchmen or caretakers employed on the premises is permitted. (Ordinance 22851, 02/18/97) (17) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99) Section 7A -3 Use Regulations of the "T -1B" Manufactured Rome Park District. An area or premises shall be used and developed according to the following regulations: A permit to construct, alter, or extend any manufactured home park area may be issued only when such area is located within the appropriate zoning district as provided for in this Ordinance and such area consists of at least five (5) acres in size with a minimum width and/or depth of three hundred (300) feet located on a public street or highway. ( 2) Exposed ground surfaces in all parts of a manufactured home park shall be paved or covered with screening or other solid material or protected with a vegetative growth that is capable of preventing soil erosion and eliminating objectionable dust. ( 3) Access to the manufactured home park shall be from a public street or highway, number and location of access drives shall be controlled for traffic safety and protection of surrounding properties, no manufactured home space shall be designed for direct access to a public street outside the boundaries of the manufactured home park, and the interior access drives shall be paved and maintained in a smooth hard and dense surface which shall be well drained. (4) Internal access drives shall not be less than twenty-five (25) feet wide. ( 5) There shall be no minimum lot area for a manufactured home site in a manufactured home park, however, there shall be no more than twelve (12) manufactured home spaces per acre of gross site area. The minimum side - to-side unobstructed clearance between manufactured homes shall be twenty (20) feet except where an open carport or porch is located contiguous to a manufactured home, a minimum ten (10) foot unobstructed clearance is allowed between the manufactured home 02/08 (1) -373- T -1 - 37 - and the outer edge of the open carport or porch. End - to-end clearance between manufactured homes shall be no less than ten (10) feet, and no part of a manufactured home shall be located closer than twenty (20) feet to any building within the park nor closer than five (5) feet to an access drive. ( 6) The manufactured home park shall be screened from public streets, highways, and adjacent property by a standard screening fence, unless this requirement is modified or waived by City Council action after a hearing and recommendation of the Planning Commission in accordance with the provisions of Article 30 and Section 33-3.02. (Ordinance 23016, 07129/97) ( 7) Off - street parking spaces in manufactured home parks shall be provided in the ratio of one and one -half (1 -1/2) spaces per manufactured home in locations convenient to individual manufactured homes or groups of mobile homes. ( 8) The manufactured home park shall conform to all other regulations contained in the Corpus Christi Building Code, Gas Code, Plumbing Code and Electrical Code. A manufactured home park exceeding six hundred (600) feet in depth shall be required to install a 6 -inch fire main, looped if possible, located within the manufactured home park and installed at or near the edge of the paving in a dedicated easement or fire lane. Fire hydrants shall be located along the main so as to make fire protection available to all surface property in the manufactured home park. This facility is to be installed at the developer's expense and maintained by the City. Metered service connections are to be provided for the fire main as approved by the Water Superintendent. (10) Outside lighting shall be erected in such a manner that it not be detrimental to or project onto adjacent properties. (11) Advertising shall be restricted to one illuminated identification sign which shall not utilize or incorporate flashing, moving, or intermittent illumination, shall be placed flat against the wall of the building, shall not project more than eighteen (18) inches from the wall of the building or structure, and shall not extend above the height of the building. The sign area shall not exceed fifteen (15) square feet, and shall indicate only the name and address of the premises and the management thereof. (Ordinance 22851, 02/18/97) Section 7A-4 Use Regulations for "T -IC" Manufactured Home Subdivision District. An area or premises shall be used and developed according to the following regulations: ( 1) A permit to construct, alter or extend any manufactured home subdivision area may be issued only when such area is located within the appropriate zoning district as provided for in this Ordinance and such area consists of at least eight (8) acres in size with a minimum width and/or depth of three hundred (300) fret located on a public street or highway. ( 2) In a manufactured home subdivision, the subdivision shall meet all City requirements as set forth in the Corpus Christi Platting Ordinance and shall also conform to all other regulations contained in the Corpus Christi Building Code, Gas Code, Plumbing Code and Electrical Code. (3) The area of a lot in a manufactured home subdivision shall be 4,500 square feet. A minimum lot size requirement does not apply as such if a manufactured home subdivision is developed under the regulations of Article 28, Planned Unit Development, of this ordinance. ( 4) In addition to the requirements of Item (3) above, there shall be no more than eight (8) manufactured homes per acre in a manufactured home subdivision. Furthermore, there shall be a minimum front yard of twenty (20) feet, a minimum rear yard of ten (l0) feet, and a minimum side yard of six (6) feet, with a total unobstructed side yard requirement of twenty (20) feet. (9) 02/08 -374- T -1 02/08 (5) -38- Unless modified or waived by City Council action, after a hearing and recommendation by the Planning Commission, the manufactured home subdivision shall be surrounded by a standard screening fence in which case such fence shall become a part of abutting lots, unless otherwise designated as part of the common open space in accordance with the provisions of Article 30 and Section 33 -3.02. (Ordinance 23016, 07/29/97) ( 6) In manufactured home subdivisions there shall be at least two (2) off -street parking spaces per lot. ( 7) Temporary non - illuminated signs shall not be more than four (4) square feet in area pertaining to the lease or sale of a HUD -code manufactured home or premises on which such sign is located. (Ordinance 22851, 02/18/97) -375- T -1 MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday July 09, 2008 5:30 P.M. COMMISSIONERS: Rudy Garza, Vice - Chairman John C. Tamez Atilano J. Huerta Johnny R. Martinez James Skrobarczyk Evon J. Kelly David Loeb Govind Nadkarni ABSENCES: R. Bryan Stone, Chairman I. CALL TO ORDER STAFF: Bob Nix, AICP Assistant City Manager of Development Services Johnny Perales, PE, Deputy Director of Development Services/ Special Services Faryce Goode - Macon, Assistant Director of Development Services/Planning Miguel Saldafia, Special Services Chip Baish, P.E., Special Services Bob Payne, AICP, Sr. City Planner Mic Raasch, AICP, City Planner Jay Reining, First Assistant City Attorney Yvette Aguilar, Assistant City Attorney Beverly Lang - Priestley, Recording Secretary In the absence of Chairman Stone, Vice - Chairman Garza declared a quorum was present and called the meeting to order at 5:33 p.m. B. ZONING 1. New Zoning c. Case No. 0708 -05 Anchor Harbor Mobile Home Community, L.L.C.: A change of zoning from a "B -4" General Business District to a "T -1A" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 1 resulting in a change of land use from commercial to travel trailer park and from a "B -4" General Business District to a "T- I B" Manufactured Home Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 2 resulting in a change of land use from commercial to manufactured home park Being 3.167 acres out of Anchor Harbor Tract No. 1, located on the north side of South Padre Island Drive and approximately 500 feet west of Paul Jones Avenue Mr. Mic Raasch presented the above case via Point Power stating the applicant is Anchor Harbor Mobile Home Community located at 8100 South Padre Island Drive, which is located on the north side of South Padre Island Drive, approximately 500 feet to the west of Paul Jones Avenue. The request is for a change of zoning from a "B -4" General Business District to a "T- 1A" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 1 and from a "B -4" General Business District to a "T-1B" Manufactured Home Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 2. The site plan illustrates the southern portion of the existing mobile home park and the proposed mobile home park expansion on Tract 2. Mr. Raasch stated the current use is a grandfathered use from the 1970's. InaJJtepx, the applicant proposes a new travel trailer park to Planning Commission Minutes July 9, 2008 Page 2 be located on Tract 1 which includes approximately 1.895 acres of land and is located to the west of Tract 2. The Planned Unit Development -2 Overlay is proposed to be used on both Tract 1 and 2 to permit flexibility of site development needed to allow these proposed uses. Mr. Raasch stated the existing land use is such that Tract 1 is currently vacant and Tract 2 has two single - family residences, an office and a pool located on it and the balance of Tract 2 is vacant. The property north of the subject property is zoned `B -4" General Business District and "A -2" Apartment House District and is currently developed with mobile home uses. The property immediately to the east and fronting on South Padre Island Drive is zoned "B -4" General Business District and is vacant and the northern portion is developed with a mini - storage facility. The property immediately to the west and fronting on South Padre Island Drive is zoned "A -2" Apartment House District and is developed with medium density residential uses. The `B -4" District requires a twenty (20) foot front yard setback and ten (10) foot side and rear yard setbacks for buildings when adjacent to properties zoned residentially. This district does not require a minimum lot size and the height is unlimited. The "T -1A" Travel Trailer Park District allows for the development of a travel trailer park use on not less than three (3) acres with a minimum of 100 feet of public street frontage. Travel trailer spaces may be rented by the day or week and only the occupant of a trailer space shall remain in the same travel trailer park not more than 180 continuous days. A "T -1B" Manufactured Home Park District allows for development of a mobile home park with a minimum size of five (5) acres in area and a minimum frontage of 300 feet located on a public street. The subject property contains less acreage and frontage than required by the "T -1A" and "T -1B" Districts. A "PUD - 2" Planned Unit Development 2 overlay would allow for the development of such uses on lot areas and width less than required by the Districts. Staff recommends approval of the "T -1A" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 on Tract 1 and "T-1B" Manufactured Home Park District with a "PUD -2" Planned Unit Development -2 on Tract 2 and subject to a site plan and the following four (4) conditions: 1. Uses: The only uses permitted by the Special Permit are those uses included in the "T- 1A" Travel Trailer Park District on Tract 1 and uses included in the "T -1B" Manufactured Home Park District and the two existing single - family uses and the existing office on Tract 2 of the subject property. 2. Screening: A standard screening fence six feet in height is required adjacent to the medium density residential use located to the west. This screening fence shall be in place within one (1) year of the approval of this ordinance. 3. Lighting: All security lighting must be directional and shielded, be directed away from adjacent residential uses, and Tight poles must be no higher than 15 feet. Cutoff shields are required for all lighting. A maximum of one lumen of light is permitted to project beyond the property line near all adjacent residential development. 4. Time Limit: This Special Permit expires two (2) years from the date of this ordinance, unless the property is being used as outlined in Condition 111 and in compliance with all other conditions. Mr. Raasch stated that of the five public notices mailed to property owners within 200 feet of the subject property, zero were returned in favor and one was received in opposition. In response to Commissioner Skrobarczyk, Mr. Raasch stated that all mobile home parks are required to be screened from any public roadway and the existing fence will remain in place, with an additional fence required next to the adjacent apartments. -377- Planning Commission Minutes July 9, 2008 Page 3 In response to Commissioner Loeb, Mr. Raasch stated that any reference to a "special permit" is in error and that no special permit is required in establishing a PUD -2 Overlay. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Commissioner Skrobarczyk motioned for approval of staff recommendation and was seconded by Commissioner Tamez. Commissioner Loeb amended the motion to change any reference to "special permit" to "PUD" and to alter the "no lighting permitted" to "one foot candle ". Commissioner Skrobarczyk seconded the amendment. Motion passed unanimously with Commissioners Kelly and Nadkarni being absent. -378- Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ANCHOR HARBOR MOBILE HOME COMMUNITY, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO 3.167 ACRES OUT OF ANCHOR HARBOR TRACT NO. 1, FROM `B4" GENERAL BUSINESS DISTRICT TO "T -1A" TRAVEL TRAILER PARK DISTRICT WITH A "PUD -2" PLANNED UNIT DEVELOPMENT -2 OVERLAY ON TRACT 1, RESULTING IN A CHANGE OF LAND USE FROM COMMERCIAL TO TRAVEL TRAILER PARK, AND FROM "B-4" GENERAL BUSINESS DISTRICT TO "T -1B" MANUFACTURED HOME PARK DISTRICT WITH A "PUD -2" PLANNED UNIT DEVELOPMENT -2 OVERLAY ON TRACT 2 RESULTING IN A CHANGE OF LAND USE FROM COMMERCIAL TO MANUFACTURED HOME PARK; SUBJEC_L TO A SITE PLAN AND FOUR (4) CONDITIONS; 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 Anchor Harbor Mobile Home Community, LLC, 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, July 23, 2008, during a meeting of the Planning Commission, and on Tuesday, September 9, 2008, 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 3.167 acres out of Anchor Harbor Tract No. 1, located on the north side of South Padre Island Drive and approximately 500 feet west of Paul Jones Avenue, from "B-4" General Business District to a "T -1A" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 1, resulting in a change of land use from commercial to travel trailer park, and from "B-4" General Business District to "T-1B" Manufactured Home Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 2, resulting in a change of land use from H:\ LEG- DIR \Shared\JayW.genda\ 2008\ 9- 9\ ORD- zoning070.837@horHarborMobileH0me PUD -2.doc Page 2 of 4 commercial to manufactured home park, subject to the attached site plan and four (4) following conditions: (Zoning Map 038033, 038034) 1. Uses: The only uses permitted by the Planned Unit Development -2 Overlay are those uses included in the "T-1A" Travel Trailer Park District on Tract 1 and uses included in the "T-1B" Manufactured Home Park district and the two existing single - family residential uses and on office use on Tract 2 of the subject property. 2. Screening: A standard screening fence six feet in height is required adjacent to the medium density residential use located to the west. This screening fence shall be in place within one (1) year of the approval of this ordinance. 3. Lighting: All security lighting must be directional and shielded, be directed away from adjacent residential uses, and light poles must be no higher than 15 feet. Cutoff shields are required for all lighting. A maximum of one foot candle light is permitted to project beyond the property line near all adjacent residential development. 4. Time Limit: This Planned Unit Development -2 Overlay expires two (2) years from the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. 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. 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 35 -3 of the Zoning Ordinance of the City of Corpus Christi. 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 finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs H:\ LEG -DIR \Shared \ayWgenda\ 2008\ 9- 9 \ORD- zoning07 )ageachorHarborMobileHome PUD -2.doc Page 3 of 4 and 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 9th day of September, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett Mayor, City of Corpus Christi City Secretary APPROVED: September 1, 2008 R. J fRe g First Assistant Clrfy Attorney For City Attorney H:\ LEG- DIR\Shared\Jay\ Agenda\ 2008\ 9- 9\ ORD- zoning070 B- 3.94SiorHarborMobileHome PUD -2.doc Page 4 of 4 Corpus Christi, Texas day of , 2008 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. 1 /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 Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon ' H:\ LEG- DIR\ SharedUayl Agenda12008\ 9- 9\ ORD- zoning0Welf2 ,ochorHarborMobileHome PUD -2.doc CASE # 0708 -05 REQUESTED COUNCIL ACTION EXHIBIT A From: B -4 To: T -1A /PUD -2 (TRACT 1) T -1B /PUD -2 (TRACT 2) -OCJ- by LI 1 li IT 11 _L1 0 L1 —L vim t84 Cal 1C) III UUU 1 1 TNl _ 1 1 E L} - c k_1 ,� �� LL �� -1 LI1 L, '= - Ill - 11 a, -1 „1� _L1 �� 1 a1 i _, , ▪ L.L P L.1 i `� L �� - ,L • ,L, \ lls l,l ,L1 -- Th s_� - 1 L._ l a-, l� ) `�� t� L[1 1 5fl LTh `, 11 L_ 1 L. 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The ordinance prescribes the taxes to be levied, assessed, and collected by the City of Corpus Christi, Texas for tax year 2008 and for each succeeding year thereafter until otherwise provided and ordained and such other years as the same may be applicable, and declaring an emergency. ISSUE: The Texas Property Tax Code states that the governing body of the taxing unit should adopt a tax rate before the later of September 30th or the 60th day after the taxing unit receives the appraisal roll. The rate will be comprised of two components: the rate needed to support the city's debt service ($0.199175) and the rate needed to support the city's maintenance and operations expenditures ($0.364671) for FY 2008 -2009. The proposed tax rate exceeds the effective tax rate of $0.548464 per $100 valuation. Section 26.05(b) of the Code provides that a motion to adopt an ordinance setting a tax rate that exceeds the effective tax rate must be made in the following form, "I move that property taxes be increased by the adoption of a tax rate of $0.563846 per $100 valuation." Additionally, Section 26.09(e) of the Code requires the assessor to submit the unit's tax levy to the governing body for formal approval. The Nueces County Tax Assessor should have the certified levy calculation completed by the end of the month, at which time it will be presented for City Council approval. REQUIRED COUNCIL ACTION: Adoption of ad valorem tax rate by ordinance as submitted. PREVIOUS COUNCIL ACTION: • Tuesday, July 22, 2008 — City Council adopted the City budget for FY 2008 -2009 based on the proposed tax rate of $0.563846 per $100 valuation. • Tuesday, July 22, 2008 — City Council voted to schedule September 9, 2008 for adoption of the ad valorem tax rate of $0.563846, and scheduled two public hearings on the proposed ad valorem tax revenue increase. • Tuesday, August 19, 2008 - City Council conducted a public hearing on the proposed ad valorem tax revenue increase. • Tuesday, August 26, 2008 — City Council conducted a second public hearing on the proposed ad valorem tax revenue increase. —387— FUTURE COUNCIL ACTION: • Tuesday, October 14, 2008 — City Council to approve the 2008 Tax Levy based on the adopted tax rate of $0.563846 per $100 valuation. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council adopt the ad valorem tax rate of $0.563846 per $100 valuation for tax year 2008 to support maintenance and operations and debt service by making a motion that property taxes be increased by the adoption of a tax rate of $0.563846 per $100 valuation. O Cindy O'Bri e7 Director of Financial Services Attachments: Background information 2008 Property Tax Rates publication printed in the Caller -Times on Sunday, August 3, 2008 —388— BACKGROUND INFORMATION The FY2008 -2009 budget approved by City Council on July 22, 2008 included a proposed tax rate of $0.563846 per $100 valuation, allocated between the General Fund (M &O) and the Debt Service Fund (I &S) at $0.364671 and $0.199175 per $100 valuation, respectively. Although the rate of $0.563846 per $100 valuation does not exceed the rollback rate of $0.578152, it does exceed the effective tax rate of $0.548464 which triggered the required two public hearings. In compliance with the financial policies adopted by the City Council on April 29, 2008, the FY 2008 -2009 budget was prepared with the assumption that the City will adopt a tax rate necessary to provide that the General Fund operating revenues equal or exceed the current budgeted expenditures. In November 2004, voters approved a 2%2 cent increase in the debt service rate in order to finance the following propositions: Street Improvements $68,350,000 Public Health & Safety Projects $ 1,900,000 Public Facilities Improvements $ 5,660,000 Park and Recreation Improvements $ 7,406,000 Bayfront Master Plan Project $11,684.000 Total of all approved bond propositions $95,100,000 The I &S rate was increased in FY2005 -06 in order to fund the voter approved debt for these Bond 2004 projects. Additionally, in FY2007 -08 the City Council approved the issuance of $22,260,000 of tax notes — of which the first payment of $16,000,000 in principal and $537,603.73 in interest will be due in FY2008 -09. These factors were considered in determining the required I &S rate of $0.199175 per $100 valuation needed to cover the City's debt obligations for FY2008 -09. The sum of the M &O rate of $0.364671 per $100 valuation and the I &S rate of $0.199175 per $100 valuation makes up the proposed FY2008 -09 property tax rate of $0.563846 per $100 valuation. —389— Tax Rate Information Published in the Corpus Christi Caller -Times on Sunday, August 3, 2008 2008 Property Tax Rates In City of Corpus Christi This notice concerns 2008 property tax rates for City of Corpus Christi. It presents information about three tax rates. Last yats tax rate is the actual rate the taxing unit used to determine property taxes last year. This year's effective fax rate would impose the same total taxes as last yar if you compare properties taxed he both years. This yeas rollback tax rate is the highest tax rate the taxing wit can set before taxpayers can start tax rollback procedures. In each case these rams are found by dividing the total amoum of taxes by the tax base (the total value of taxable property) with adjustments as required by state law. The rata are given per $100 of property value. Last year's tax rata Last yeas operating taxes 544,014.168 Last year's debt taxes 824,039,537 Last year's total taxes 561,053,705 Last year's fax base 512,069,555,340 Last year's total tax rate 0.563846 4100 This year's effective fax rate: Last year's adjusted taxes 566,474,577 (after subtracting taxes on lost property) + This yeas adjusted ax bus 512,120,125,139 (after subtracting value of new property) = This year's effective fax rate 0.548464 4100 (Maximwt rate unless wilt publishes notices and holds hearings) This year's roubaelc tax rate: Last year's adjusted operating axes (after 842,530,107 subtracting axes on lost properly and adjusting for any transferred function, tax increment financing, state criminal justice mandate, and/or enhanced indigent health are expenditures) + This years adjusted ax base 512,120.125,139 = This year's effective operating rate 0.350905 /$100 x 1.08= this year's maximum operating rate 0.378977 4100 +This years debt rate 0.199175 /5100 =This year's total rollback rate 0.578152 /$100 Statement of Increase/Decrease If City of Corpus Christi adopts a 2008 lax rate equal to the effective tax rate of 50.548464 per 5100 of value, taxes would increase compared to 2007 taxes by 1461,928. Schedule A - Unencumbered Fund Balances The following estimated balances will be left in the units property tax accounts at the end of the fiscal year. These balances are not encumbered by a corresponding debt obligation. Type of Property Tax Fund Balance General Fund 525,976,513 Debt Service Fund 815,577,965 -390- Schedule B -2008 Debt Service The unit plans to pay the following amounts for long -tens debts that are swung' by property taxes. These amounts will be paid from property tax revenues (or additional sales tax revenues, if applicable). hielpal or Iataat to be C.aaaet Payment Paid ha Oder Daaipdm la be Paid Mee Property Aseuab Teal .1 Debt Property Tara Tun to be Paid Payaat 1996 Certificates of 5150,369 515,338 S0 5165,707 Obligation 2000 Cadfieata of 5390,960 558165 SO 5419,425 2001AGa 5243,598 5666,349 SO 5909,947 20011 Omani 2 o0113 572,177 515,037 SO 587214 o1R G aaal Obligation 2002 Certificates of 5745,831 5751,001 SO 51,496,832 Obligation 2002 Sate 51202,953 $87,966 50 51,290,919 In5rttueue Now 2003 Oxcart 51,669,097 5153,151 SO 51,822.248 Obligation 2001 Certificates of 5159,391 5158,419 50 5317,840 20040an 5905,222 5147211 50 31,052,433 2004 Oprael Obligation 2005 Oarual $1,999,909 52,450,911 50 54,450,820 Obligation 2005 Certificates of 5156281 5385,917 S0 5545,301 Obligation 2006 Certificates of SO 5514,246 50 3514,246 Obligation 2007 Certificates of 50 5175,436 S0 5175,436 Obligation 2007 General 50 596,199 50 596,199 Obligation 2007A General 50 5813,504 50 5813.504 Obliption 2008 Tex Notes 516,000,000 5537,604 50 516,537,604 Total Required for 2008 Debt Smite 530,725,675 - Amoum (if any) paid from funds listed in Schedule A 56,590.630 - Amami (if any) paid from o0ta resources SO - Excess collections last year 50 Total to be paid from taxes in 2008 524,135,045 + Amount added in anticipation that the unit will 5746,445 collect only 97.00% of its taxes in 2008 = Total Debt Levy 524,881,490 This notice contains a summary of actual effective and mllback tax rotes' calculations. You can inspect a copy of the full calculations at 901 Leopard, Suite 301, Corpus Christi, Texas 78401. Name of person preparing this notice: Ramiro R. Canales Title: Tax Assessor - Collector for Nueces County Date Prepared. July 29, 2008 -391- AN ORDINANCE SETTING A TAX RATE OF $0.563846 PER $100 VALUATION; PRESCRIBING THE TAXES TO BE LEVIED, ASSESSED AND COLLECTED BY THE CITY OF CORPUS CHRISTI, TEXAS, FOR TAX YEAR 2008 AND FOR EACH SUCCEEDING YEAR THEREAFTER UNTIL OTHERWISE PROVIDED AND ORDAINED AND SUCH OTHER YEAR AS THE SAME MAY BE APPLICABLE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: The City Council of the City of Corpus Christi does hereby levy and adopt the tax rate on $100 valuation for this city for tax year 2008 as follows: $0.364671 for the purpose of maintenance and operation 0.199175 for payment of principal and interest on debt $0.563846 Total Tax Rate THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $13.77. SECTION 2: That there is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas, for the year 2008 and for each succeeding year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $0.364671 on each One Hundred Dollar value thereof, on all property, real, personal, and mixed, located within the said City of Corpus Christi, upon which a tax is authorized to be levied by law, and upon all franchises of all individuals, partners and corporations holding franchises in the City for defrayment of current expenses of the government, including but not limited to street improvement of said City. Said tax shall be assessed upon 100 percent of the market value of property subject thereto. SECTION 3: That there is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas for the year 2008 and for each succeeding year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $0.199175 on each One Hundred Dollar value on all property, real, personal, and mixed, and franchises described in Section 2 of this fi. \LEG- DIR \Lisa12008 ORDINANCES\Ord -Ad Valorem Tax Rate 2008.doc —392— ordinance and assessed upon 100 percent of the market value of property subject thereto, said taxes to be appropriated for the purpose of creating a sinking fund to pay the interest and principal maturities on all outstanding City of Corpus Christi bonds not otherwise provided for, and including the interest, agent fees, and maturities of the following City of Corpus Christi bonds: ANNUAL DEBT SERVICE DUE FY 2008 -2009 H: \LEG- DIR \Lisa\2008 ORDINANCES \Ord -Ad Valorem Tax Rate 2008.doc -393- Principal Interest & Fees Total 1996 Certificates of Obligation $250,000 $25,500 $275,500 2000 Certificates of Obligation $650,000 $97,203 $747,203 2001 General Obligation $405,000 $1,107,856 $1,512,856 2001A General Obligation $120,000 $25,000 $145,000 2002 Certificates of Obligation $1,240,000 $1,248,596 $2,488,596 2002 State Infrastructure Notes $2,000,000 $146,250 $2,146,250 2003 General Obligation $2,775,000 $254,625 $3,029,625 2004 Certificates of Obligation $265,000 $263,434 $528,434 2004 General Obligation $1,505,000 $244,750 $1,749,750 2005 General Obligation $3,325,000 $4,074,825 $7,399,825 2005 Certificates of Obligation $260,000 $646,604 $906,604 2006 Certificates of Obligation $350,000 $854,974 $1,204,974 2007 Certificates of Obligation - $100,873 $100,873 2007 General Obligation - $159,938 $159,938 2007A General Obligation $1,100,000 $1,352,513 $2,452,513 H: \LEG- DIR \Lisa\2008 ORDINANCES \Ord -Ad Valorem Tax Rate 2008.doc -393- 2008 Tax Notes $16,000,000 $537,604 $16,537,604 $30,245,000 $11 140,54. $41,385 545 In addition to the ad valorem tax levy totaling $71,526,682, the balance of this debt, if any, incurred by the City of Corpus Christi shall be funded from sources other than ad valorem taxes. SECTION 4: That all taxes for the year 2008 hereby levied shall be due on receipt of the tax bill and shall be delinquent if not paid before February 1, 2009, except as otherwise provided in the Texas Property Tax Code; and penalty and interest shall be due on any delinquent taxes as provided by Chapter 33 of said Property Tax Code. No discount shall be allowed for early payment of taxes. The Texas Constitution, Property Tax Code and other applicable laws shall govern all matters related to the taxes levied herein, and the City shall have all authority thereunder. SECTION 5: If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, 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 6: 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 9th day of September 2008. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: August 25, 2008 Lisa Aguilar Assistant City Attorney for City Attorney Henry Garrett Mayor H:\ LEG- DIR\Lisa\2008 ORDINANCES \Ord -Ad Valorem Tax Rate 2008.doc —394— Corpus Christi, Texas Day of , 2008 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 Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon -395- 26 CITY COUNCIL AGENDA MEMORANDUM September, 9, 2008 AGENDA ITEM: Ordinance by the City Council of the City of Corpus Christi, Texas, providing for the issuance of City of Corpus Christi, Texas, Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 2008 in the aggregate principal amount of $12,000,000, and ordaining other matters relating to the subject. ISSUE: The City plans to issue up to $12,000,000 in Combination Tax and Revenue Certificates of Obligation, (Landfill Project). The Landfill Project certificates will be used for the purpose of paying contractual obligations relating to the construction of improvements to the City's solid waste facilities, as well as the payment of fiscal, engineering and legal fees incurred in connection with the certificates. REQUIRED COUNCIL ACTION: Approval of the Ordinance as presented. PREVIOUS COUNCIL ACTION: July 22, 2008 — City Council approved Resolution No. 027775 directing publication of notice of intention to issue Combination Tax and Revenue Certificates of Obligation, Series 2008 (Landfill Project). RECOMMENDATION: City Staff recommends approval of the ordinance providing for the issuance of City of Corpus Christi, Texas, Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 2008, in an amount not in excess of $12,000,000, and ordaining other matters relating to the subject. Cindy O'BrieiV Director of Financial Services Attachments: Copy of Draft Ordinance Preliminary Official Statement Dated August 20, 2008 —399— BACKGROUND INFORMATION The City plans to issue up to $12,000,000 in Combination Tax and Solid Waste Revenue Certificates of Obligation during the first quarter of fiscal year 2008 -2009. The landfill projects expected to be funded by the certificates will include the paying of contractual obligations to be incurred by the City with respect to the City's solid waste facilities, including, without limitation, paying contractual obligations to be incurred with respect to the development of the Cefe Valenzuela landfill in the vicinity of County Road 20 and Farm Road 2444, for the construction of municipal landfill waste disposal cells, internal roadways and pavement, cover systems, gas collection systems, equipment, drainage facilities, maintenance facilities, extension of the leachate collection and management system, liners, environmental monitoring equipment, and other improvements necessary to operate the landfill, and improvements to the J. C. Elliott landfill in the vicinity of State Highway 286 (Chapman Ranch Road) and State Highway 357 (Saratoga Boulevard) including construction of final cover systems, gas management system, ground water monitoring, transfer station improvements and equipment, scalehouse building improvements, internal roadways and pavement, and other improvements necessary to operate said facility, and the payment of fiscal, engineering and legal fees incurred in connection therewith. The City has included funding for these certificates in the fiscal year 2008 -2009 operating budget. The solid waste fees included in the fiscal year 2008 -2009 operating budget are anticipated to generate sufficient revenues to fund these certificates. —400— ORDINANCE NO. ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, PROVIDING FOR THE ISSUANCE OF CITY OF CORPUS CHRISTI, TEXAS, COMBINATION TAX AND SOLID WASTE REVENUE CERTIFICATES OF OBLIGA- TION, SERIES 2008, IN THE AGGREGATE PRINCIPAL AMOUNT OF $12,000,000, AND ORDAINING OTHER MATTERS RELATING TO THE SUBJECT WHEREAS, on the 22nd day of July, 2008, the City Council of the City of Corpus Christi, Texas (the "City" or the "Issuer ") passed a resolution authorizing and directing notice of its intention to issue the Certificates of Obligation herein authorized to be issued in an aggregate principal amount not to exceed $12,000,000, to be published in a newspaper as required by Section 271.049 of the Texas Local Government Code; and WHEREAS, said notice was published on August 8, 2008 and August 15, 2008 in the Corpus Christi Caller- Times, a "newspaper" as described in Section 2051.044, Texas Government Code, in accordance with the provisions of Section 271.049 of the Texas Local Government Code ( "Section 271.049 "); and WHEREAS, no petition, signed by 5% of the qualified electors of said City as permitted by Section 271.049 protesting the issuance of such Certificates of Obligation, has been fled with the City; and WHEREAS, the Certificates of Obligation hereinafter authorized are to be issued and delivered pursuant to Subchapter C of Chapter 271 of the Texas Local Government Code; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. AUTHORIZATION OF CERTIFICATES OF OBLIGATION. That the Certificates of Obligation to be issued by the City, designated the "City of Corpus Christi, Texas -401- Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 2008 ", are hereby authorized to be issued and delivered in the principal amount of $12,000,000, for the purpose of providing part of the funds for paying contractual obligations to be incurred by the City, to -wit: the construction of improvements to the City's solid waste facilities, including, without limitation, paying contractual obligations to be incurred with respect to the development of the Cefe Valenzuela landfill in the vicinity of County Road 20 and Farm Road 2444, for the construction of municipal landfill waste disposal cells, internal roadways and pavement, cover systems, gas collection systems, equipment, drainage facilities, maintenance facilities, extension of the leachate collection and management system, liners, environmental monitoring equipment, and other improvements necessary to operate the landfill, and improvements to the J. C. Elliott landfill in the vicinity of State Highway 286 (Chapman Ranch Road) and State Highway 357 (Saratoga Boulevard) including construction of final cover systems, gas management system, ground water monitoring, transfer station improvements and equipment, scalehouse building improvements, internal roadways and pavement, and other improvements necessary to operate said facility, and the payment of fiscal, engineering and legal fees incurred in connection therewith. The term "Certificates" as used in this Ordinance shall mean and include collectively the Certificates of Obligation initially issued and delivered pursuant to this Ordinance and all substitute Certificates of Obligation exchanged therefor, as well as all other substitute Certificates of Obligation and replacement Certificates of Obligation issued pursuant hereto, and the term "Certificate" shall mean any of the Certificates. Section 2. DATE, DENOMINATIONS, NUMBERS AND MATURITIES. That the Certificates shall initially be issued, sold and delivered hereunder as fully registered certificates, without interest coupons, dated September 1, 2008, in the respective principal amounts set forth in -402-- Schedule I to this Ordinance. The Certificates shall be in denominations of $5,000 or any integral multiple thereof(an "Authorized Denomination "), numbered consecutively from R-1 upward, payable to the respective initial registered owners thereof (as designated in Section 18 hereof) upon the initial delivery of the Certificates, and thereafter to the registered assignee or assignees of the Certificates or any portion or portions thereof (in each case, the "Registered Owner "), and the Certificates shall mature on the maturity date, in each of the years and in the amounts as set forth in Schedule I to this Ordinance. For purposes of this Ordinance, the Certificates maturing on March 1, 20_ are hereby designated as "Term Certificates ". Section 3. REDEMPTION. (a) Optional Redemption. That the City reserves the right to redeem the Certificates maturing on or after March 1, 2019, in whole or in part, in the principal amount of $5,000 or any integral multiple thereof, on March 1, 2018, and on any date thereafter, at the par value thereof plus accrued interest to the redemption date. The years of maturity of the Certificates called for redemption at the option of the City prior to stated maturity shall be selected by the City. The Certificates or portions thereof redeemed within a maturity shall be selected at random and by lot by the Paying Agent/Registrar. (b) Mandatory Redemption. The Term Certificates are subject to mandatory sinking fund redemption prior to their scheduled maturities as provided in the FORM OF CERTIFICATES. (c) Notice. At least 30 days prior to the date fixed for any such redemption, (i) a written notice of such redemption shall be given to the registered owner of each Certificate or a portion thereof being called for redemption by depositing such notice in the United States mail, first -class postage prepaid, in the name of the City and at the City's expense addressed to each such registered owner at its address shown on the registration books of the Paying Agent /Registrar and (ii) notice -403- of such redemption shall be published one (1) time in a financial journal or publication of general circulation in the United States of America or the State of Texas carrying as a regular feature notices of municipal bonds called for redemption; provided, however, that the failure to send, mail, or receive such notice described in (i) above, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Certificate, and it is hereby specifically provided that the publication of notice described in (ii) above shall be the only notice actually required in connection with or as a prerequisite to the redemption of any Certificate. By the date fixed for any such redemption due provision shall be made by the City with the Paying Agent/Registrar for the payment of the required redemption price for the Certificates or the portions thereof which are to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such notice of redemption is given, and if due provision for such payment is made, all as provided above, the Certificates, or the portions thereof, which are to be so redeemed, thereby automatically shall be redeemed prior to their scheduled maturities, and shall not bear interest after the date fixed for their redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price plus accrued interest to the date fixed for redemption from the Paying Agent/Registrar out of the funds provided for such payment The Paying Agent /Registrar shall record in the registration books all such redemptions of principal of the Certificates or any portion thereof. If a portion of any Certificate shall be redeemed a substitute Certificate or Certificates having the same maturity date, bearing interest at the same rate, in any Authorized Denomination, at the written request of the registered owner, equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the City, all as provided in this Ordinance. -4- —404— Section 4. INTEREST. That interest on the Certificates shall be payable on March 1, 2009, and semiannually thereafter on September 1 and March 1 of each year, until maturity or redemption prior to maturity, to the registered owner of any such Certificate as of the Record Date (as defined in the FORM OF CERTIFICATE) next preceding such interest payment date, in the manner provided in the FORM OF CERTIFICATE, at the rates per annum as set forth in Schedule I to this Ordinance. Interest on the Certificates shall be calculated on the basis of a 360 -day year consisting of twelve 30- day months. Section 5. CHARACTERISTICS OF THE CERTIFICATES. (a) The City shall keep or cause to be kept at the corporate trust office in Dallas, Texas (the "Designated Trust Office ") of The Bank of New York Mellon Trust Company, N.A. (the "Paying Agent/Registrar "), or such other bank, trust company, financial institution, or other agency named in accordance with the provisions of subsection (g) of this Section hereof, books or records of the registration and transfer of the Certificates (the "Registration Books "), and the City hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such transfers and registra- tions under such reasonable regulations as the City and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such transfers and registrations as herein provided. The City Manager or the designee thereof is hereby authorized to execute a "Paying Agent /Registrar Agreement" in substantially the form attached hereto, and as approved by the City Attorney. It shall be the duty of the Paying Agent /Registrar to obtain from the registered owner and record in the Registration Books the address of such registered owner of each certificate to which payments with respect to the Certificates shall be mailed, as herein provided. The City or its designee shall have the right to inspect the Registration Books during regular business hours of the Paying Agent /Registrar, -405- but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. Registration of each Certificate may be transferred in the Registration Books only upon presentation and surrender of such certificate to the Paying Agent/Registrar at the Designated Trust Office for transfer of registration and cancellation, together with proper written instruments of assignment, in form and with guarantee ofsignatures satisfactory to the Paying Agent/Registrar, evidencing the assignment of such certificate, or any portion thereof in any Authorized Denomination to the assignee or assignees thereof, and the right of such assignee or assignees to have such certificate or any such portion thereof registered in the name of such assignee or assignees. Upon the assignment and transfer of any Certificate or any portion thereof, a new substitute Certificate or Certificates shall be issued in exchange therefor in the manner herein provided. (b) The entity in whose name any Certificate shall be registered in the Registration Books at any time shall be treated as the absolute owner thereof for all purposes of this Ordinance, whether such Certificate shall be overdue, and the City and the Paying Agent/Registrar shall not be affected by any notice to the contrary; and payment of, or on account of, the principal of premium, if any, and interest on any such Certificate shall be made only to such registered owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such certificate to the extent of the sum or sums so paid. (c) The City hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Certificates, and to act as its agent to exchange or replace Certificates, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the City and the Paying Agent /Registrar with respect to the -406- Certificates, and of all exchanges of such certificates, and all replacements of such Certificates, as provided in this Ordinance. (d) Each Certificate may be exchanged for fully registered certificates in the manner set forth herein. Each Certificate issued and delivered pursuant to this Ordinance, to the extent of the unre- deemed principal amount thereof, may, upon surrender of such Certificate at the Designated Trust Office of the Paying Agent/Registrar, together with a written request therefor duly executed by the registered owner or the assignee or assignees thereof, or its or their duly authorized attorneys or representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, at the option of the registered owner or such assignee or assignees, as appropriate, be exchanged for fully regis- tered Certificates, without interest coupons, in the form prescribed in the FORM OF CERTIFICATE, in any Authorized Denomination (subject to the requirement hereinafter stated that each substitute certificate shall have a single stated maturity date), as requested in writing by such registered owner or such assignee or assignees, in an aggregate principal amount equal to the unredeemed principal amount of any Certificate or Certificates so surrendered, and payable to the appropriate registered owner, assignee, or assignees, as the case may be. If a portion of any Certificate shall be redeemed prior to its scheduled maturity as provided herein, a substitute Certificate or Certificates having the same maturity date, bearing interest at the same rate, in any Authorized Denomination at the request of the registered owner, and in an aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon surrender thereof for cancellation. If any Certificate or portion thereof is assigned and transferred, each Certificate issued in exchange therefor shall have the same maturity date and bear interest at the same rate as the Certificate for which it is being exchanged. Each substitute Certificate shall bear a letter and/or number to distinguish it from —407— each other Certificate. The Paying Agent/Registrar shall exchange or replace Certificates as provided herein, and each fully registered certificate or certificates delivered in exchange for or replacement of any Certificate or portion thereof as permitted or required by any provision of this Ordinance shall constitute one of the Certificates for all purposes of this Ordinance, and may again be exchanged or replaced. It is specifically provided, however, that any Certificate delivered in exchange for or replacement of another Certificate prior to the first scheduled interest payment date on the Certificates (as stated on the face thereof) shall be dated the same date as such Certificate, but each substitute Certificate so delivered on or after such first scheduled interest payment date shall be dated as of the interest payment date preceding the date on which such substitute Certificate is delivered, unless such substitute Certificate is delivered on an interest payment date, in which case it shall be dated as of such date of delivery; provided, however, that if at the time of delivery of any substitute Certificate the interest on the Certificate for which it is being exchanged has not been paid, then such substitute Certificate shall be dated as of the date to which such interest has been paid in full. On each substitute Certificate issued in exchange for or replacement of any Certificate or Certificates issued under this Ordinance there shall be printed thereon a Paying Agent/Registrar's Authentication Certificate (the "Authentication Certificate "), in the form hereinafter set forth in the FORM OF CERTIFICATE. An authorized representative of the Paying Agent /Registrar shall, before the delivery of any such substitute Certificate, date such substitute Certificate in the manner set forth above, and manually sign and date the Authentication Certificate, and no such substitute Certificate shall be deemed to be issued or outstanding unless the Authentication Certificate is so executed. The Paying Agent /Registrar promptly shall cancel all Certificates surrendered for exchange or replace- ment. No additional ordinances, orders, or resolutions need be passed or adopted by the City Council -408- or any other body or person so as to accomplish the foregoing exchange or replacement of any Certificate or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execu- tion, and delivery ofthe substitute Certificates in the manner prescribed herein. Pursuant to Chapter 1206, Texas Government Code, the duty of exchange or replacement of any Certificates as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of the Authentication Certificate, the exchanged or replaced certificate shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Certificates which originally were delivered pursuant to this Ordinance, approved by the Attorney General of the State of Texas (the "Attorney General "), and registered by the Comptroller of Public Accounts of the State of Texas (the "Comptroller "). Neither the City nor the Paying Agent/Registrar shall be required (1) to issue, transfer, or exchange any Certificate during a period beginning at the opening of business 30 days before the day ofthe first mailing of a notice of redemption of Certificates and ending at the close of business on the day of such mailing, or (2) to transfer or exchange any Certificate so selected for redemption in whole when such redemption is scheduled to occur within 30 calendar days. (e) All Certificates issued in exchange or replacement of any other Certificate or portion thereof (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Certificates to be payable only to the registered owners thereof, (ii) may be redeemed prior to their scheduled maturities, (iii) may be transferred and assigned, (iv) may be exchanged for other Certificates, (v) shall have the characteristics, (vi) shall be signed and sealed, and (vii) the principal of and interest on the Certificates shall be payable, all as provided, and in the manner re- quired or indicated, in the FORM OF CERTIFICATE. -409- (0 The City shall pay all of the Paying Agent/Registrar's reasonable and customary fees and charges for making transfers and exchanges of Certificates, but the registered owner of any Certificate requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. In addition, the City hereby covenants with the registered owners of the Certificates that it will (i) pay the reasonable and standard or customary fees and charges of the Paying Agent/Registrar for its services with respect to the payment of the principal of and interest on the Certificates, when due, and (ii) pay the fees and charges of the Paying Agent/Registrar for services with respect to the transfer or registration of Certificates solely to the extent above provided, and with respect to the exchange of Certificates solely to the extent above provided. (g) The City covenants with the registered owners of the Certificates that at all times while the Certificates are outstanding the City will provide a competent and legally qualified bank, trust company, financial institution, or other agency to act as and perform the services of Paying Agent/Registrar for the Certificates under this Ordinance, and that the Paying Agent/Registrar will be one entity. The City reserves the right to, and may, at its option, change the Paying Agent/Regis- trar upon not less than 60 days written notice to the Paying Agent/Registrar. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the City covenants that promptly it will appoint a competent and legally qualified national or state banking institution which shall be a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers, subject to supervision or examination by federal or state authority, and whose qualifications substantially are similar to the previous Paying Agent /Registrar to act as Paying Agent/Registrar under this Ordinance. Upon any change in the -10- -410- Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the registration books (or a copy thereof), along with all other pertinent books and records relating to the Certificates, to the new Paying Agent/Registrar designated and appointed by the City. Upon any change in the Paying Agent /Registrar, the City promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Certificates, by United States mail, first -class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. Section 6. FORM OF CERTIFICATES. That the form of the Certificates, including the form of the Authentication Certificate, the form of Assignment and the form of Registration Certificate of the Comptroller (the "Comptroller's Certificate ") to be attached to the Certificates initially issued and delivered pursuant to this Ordinance, shall be in substantially the form as set forth in Exhibit A to this Ordinance, with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance. The printer of the Certificates is hereby authorized to print on the Certificates (i) the form of bond counsel's opinion relating to the Certificates, and (ii) an appropriate statement of insurance furnished by a municipal bond insurance company providing municipal bond insurance, if any, covering all or any part of the Certificates. Section 7. DEFINITIONS. That the term "Series 2000 Certificates of Obligation" shall mean the City of Corpus Christi, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2000, dated September 1, 2000, and currently outstanding in the aggregate principal amount of $2,045,000; the term "Series 2004 Certificates of Obligation" shall mean the City of Corpus -411- Christi, Texas, Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 2004, dated July 1, 2004, and currently outstanding in the aggregate principal amount of $5,895,000; the term "Series 2005 Certificates of Obligation" shall mean the City of Corpus Christi, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2005 (Landfill Project), dated June 1, 2005, and currently outstanding in the aggregate principal amount of $14,010,000; the term "Series 2006 Certificates of Obligation" shall mean the City of Corpus Christi, Texas, Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 2006, dated May 1, 2006, and currently outstanding in the aggregate principal amount of $18,605,000; and the term "Code" shall mean the Internal Revenue Code of 1986, and any amendment thereto. Section 8. INTEREST AND SINKING FUND. That a special fund or account, to be designated the "City of Corpus Christi, Texas Series 2008 Combination Tax and Solid Waste Revenue Certificate of Obligation Interest and Sinking Fund" (the "Interest and Sinking Fund ") is hereby created and shall be established and maintained by the City at its official depository. The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the City, and shall be used only for paying the interest on and principal of the Certificates. Any accrued interest derived from the sale of the Certificates shall be deposited to the credit of the Interest and Sinking Fund. All ad valorem taxes levied and collected for and on account of the Certificates shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while any of the Certificates are outstanding and unpaid, the governing body of the City shall compute and as- certain the rate and amount of ad valorem tax, based on the latest approved tax rolls of the City, with full allowances being made for tax delinquencies and the cost of tax collections, which will be suffi- cient to raise and produce the money required to pay the interest on the Certificates as such interest -12- —412— comes due, and to provide a sinking fund to pay the principal ofthe Certificates as such principal ma- tures, but never less than 2% of the original amount of the Certificates as a sinking fund each year. Such rate and amount of ad valorem tax is hereby ordered to be levied against all taxable property in the City for each year while any ofthe Certificates are outstanding and unpaid, and said ad valorem tax shall be assessed and collected each such year and deposited to the credit of the Interest and Sinking Fund. The ad valorem taxes necessary to pay the interest on and principal ofthe Certificates, as such interest comes due and such principal matures or comes due through operation of the mandatory sinking fund redemption to the extent provided in the FORM OF CERTIFICATE, are hereby levied and ordered to be levied and pledged for such payment, within the limit prescribed by law. There shall be appropriated from the General Fund to deposit into the Interest and Sinking Fund moneys as may be necessary to pay the first scheduled interest payment on the Certificates. Section 9. REVENUES. That the Certificates are additionally secured by and shall be payable from and secured by the revenues from the Issuer's Solid Waste System remaining after payment of all maintenance and operation expenses thereof, and all other obligations now or hereafter payable therefrom(including, without limitation, the Series 2000 Certificates ofObligation, the Series 2004 Certificates of Obligation, the Series 2005 Certificates of Obligation and the Series 2006 Certificates of Obligation), constituting "Surplus Revenues ". The Surplus Revenues are pledged by the City pursuant to authority of Chapter 363, Texas Health and Safety Code, particularly Subchapter G thereof. The Issuer shall deposit such Surplus Revenues to the credit of the Interest and Sinking Fund created pursuant to Section 8, to the extent necessary to pay the principal and interest on the Certificates. Notwithstanding the requirements of Section 8, if Surplus Revenues are actually on deposit or budgeted for deposit in the Interest and Sinking Fund in advance of the time when ad -13- —413— valorem taxes are scheduled to be levied for any year, then the amount of taxes which otherwise would have been required to be levied pursuant to Section 8 maybe reduced to the extent and by the amount of the Surplus Revenues then on deposit in the Interest and Sinking Fund or budgeted for de- posit herein. The City anticipates that the Surplus Revenues shall be sufficient to meet the annual debt service requirements of the Certificates and intends to use Surplus Revenues to pay such debt service. Section 10. TRANSFER. That the City shall do any and all things necessary to accomplish the transfer of monies to the Interest and Sinking Fund of this issue in ample time to pay such items of principal and interest. Section 11. SECURITY FOR FUNDS. That the Interest and Sinking Fund created by this Ordinance shall be secured in the manner and to the fullest extent permitted or required by law for the security of public funds, and the Interest and Sinking Fund shall be used only for the purposes and in the manner permitted or required by this Ordinance. Chapter 1208, Texas Government Code, applies to the issuance of the Certificates and the pledge of ad valorem taxes and the Surplus Revenues granted by the City under Sections 8 and 9, and such pledge is therefore valid, effective, and perfected. If Texas law is amended at any time while the Certificates are outstanding and unpaid such that the pledge of the ad valorem taxes and Surplus Revenues granted by the City is to be subject to the filing requirements of Chapter 9, Texas Business & Commerce Code, then in order to preserve to the registered owners of the Certificates the perfection of the security interest in said pledge, the City agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9, Texas Business & Commerce Code and enable a filing to perfect the security interest in said pledge to occur. -14- —414— Section 12. DEFEASANCE OF CERTIFICATES. (a) Defeased Certificates. That any Certificate and the interest thereon shall be deemed to be paid, retired and no longer outstanding (a "Defeased Certificate ") within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section, when payment ofthe principal of such Certificate, plus interest thereon to the due date (whether such due date be by reason of maturity or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar in accordance with an escrow agreement or other instrument (the "Future Escrow Agreement ") for such payment (1) lawful money ofthe United States of America sufficient to make such payment or (2) Defeasance Securities that mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until all Defeased Certificates shall have become due and payable. At such time as a Certificate shall be deemed to be a Defeased Certificate hereunder, as aforesaid, such Certificate and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes or revenues herein levied and pledged as provided in this Ordinance, and suchprincipal and interest shall be payable solely from such money or Defeasance Securities. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem Defeased Certificates that is made in conjunction with the payment arrangements specified in subsection 12(a)(i) or (ii) shall not be irrevocable, provided that in the proceedings providing for such payment arrangements, the Issuer expressly (1) reserves the right to call the Defeased Certificates for redemption; (2) gives notice of the reservation of that -15- -415- right to the owners of the Defeased Certificates immediately following the making of the payment arrangements; and (3) directs that notice of the reservation be included in any redemption notices that it authorizes. (b) Investment in Defeasance Securities. Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the Issuer be invested in Defeasance Securities, maturing in the amounts and times as hereinbefore set forth, and all income from such Defeasance Securities received by the Paying Agent/Registrar that is not required for the payment of the Certificates and interest thereon, with respect to which such money has been so deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. Any Future Escrow Agreement pursuant to which the money and/or Defeasance Securities are held for the payment of Defeased Certificates may contain provisions permitting the investment or reinvestment of such moneys in Defeasance Securities or the substitution of other Defeasance Securities upon the satisfaction of the requirements specified in subsection 12(a)(i) or (ii). All income from such Defeasance Securities received by the Paying Agent /Registrar which is not required for the payment of the Defeased Certificates, with respect to which such money has been so deposited, shall be remitted to the Issuer or deposited as directed in writing by the Issuer. (c) Defeasance Securities Defined. The term "Defeasance Securities" means (i) direct, noncallable obligations ofthe United States ofAmerica, including obligations that are unconditionally guaranteed by the United States of America, (ii) noncallable obligations of an agency or instrumentality of the United States of America, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date of the purchase thereof are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, and (iii) noncallable obligations of a state or an agency or a county, municipality, -16- -416- or other political subdivision of a state that have been refunded and that, on the date on the date the governing body of the Issuer adopts or approves the proceedings authorizing the financial arrangements are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. (d) Paying Agent/Registrar Services. Until all Defeased Certificates shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Certificates the same as if they had not been defeased, and the Issuer shall make proper arrangements to provide and pay for such services as required by this Ordinance. Section 13. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED CERTIFICATES. (a) Replacement Certificates. That in the event any outstanding Certificate is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new certificate of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Certificate, in replacement for such Certificate in the manner hereinafter provided. (b) Application for Replacement Certificates. That application for replacement of damaged, mutilated, lost, stolen, or destroyed Certificates shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case of loss, theft, or destruction of a Certificate, the registered owner applying for a replacement certificate shall furnish to the City and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Certificate, the registered owner shall furnish to the City and to the Paying Agent /Registrar evidence to their satisfaction of the loss, theft, or destruction of such Certificate, as the case may be. In every -17- —417— case of damage or mutilation of a Certificate, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Certificate so damaged or mutilated. (c) No Default Occurred. That notwithstanding the foregoing provisions of this Section, in the event any such Certificate shall have matured, and no default has occurred which is then continuing in the payment of the principal of or interest on this Certificate, the City may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Certificate) instead of issuing a replacement certificate, provided security or indemnity is furnished as above provided in this Section. (d) Charge for Issuing Replacement Certificates. That prior to the issuance of any replacement certificate, the Paying Agent/Registrar shall charge the registered owner of such Certificate with all legal, printing, and other expenses in connection therewith. Every replacement Certificate issued pursuant to the provisions of this Section by virtue of the fact that any Certificate is lost, stolen, or destroyed shall constitute a contractual obligation of the City whether or not the lost, stolen, or destroyed Certificate shall be found at anytime, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Certificates duly issued under this Ordinance. (e) Authority for Issuing Replacement Certificates. That in accordance with Chapter 1206, Texas Government Code, this Section of this Ordinance shall constitute authority for the issuance of any such replacement Certificate without necessity of further action by the City or any other body or person, and the duty of the replacement of such Certificates is hereby authorized and imposed upon the Paying Agent /Registrar, and the Paying Agent /Registrar shall authenticate and deliver such Certificates in the form and manner and with the effect, as provided in Section 5(a) of this Ordinance for Certificates issued in conversion and exchange of other Certificates. _18- —418— Section 14. COVENANTS REGARDING TAX EXEMPTION. That the City covenants to refrain from any action which would adversely affect, or to take such action as to ensure, the treatment of the Certificates as obligations described in Section 103 of the Code, the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the City covenants as follows: (a) to take any action to assure that no more than 10 percent of the proceeds of the Certificates (less amounts deposited to a reserve fund, if any) are used for any "private business use," as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds are so used, that amounts, whether or not received by the City, with respect to such private business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Certificates, in contravention of Section 141(b)(2) of the Code; (b) to take any action to assure that in the event that the "private business use" described in subsection (a) hereof exceeds 5 percent of the proceeds of the Certificates (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" which is "related" and not "disproportionate ", within the meaning of Section 141(b)(3) of the Code, to the governmental use; (c) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or five percent of the proceeds of the Certificates (less amounts deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of Section 141(c) of the Code; -19- —419— (d) to refrain from taking any action which would otherwise result in the Certificates being treated as "specified private activity bonds" within the meaning of Section 141(6) of the Code; (e) to refrain from taking any action that would result in the Certificates being "federally guaranteed" within the meaning of section 149(b) of the Code; (0 to refrain from using any portion of the proceeds of the Certificates, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in Section 148(b)(2) of the Code) which produces a materially higher yield over the term of the Certificates, other than investment property acquired with -- (1) proceeds of the Certificates invested for a reasonable temporary period of three years or less until such proceeds are needed for the purpose for which the Certificates are issued, (2) amounts invested in a bona fide debt service fund, within the meaning of Section 1.148 -1(b) of the Treasury Regulations, and (3) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Certificates; (g) to otherwise restrict the use of the proceeds of the Certificates or amounts treated as proceeds of the Certificates, as may be necessary, so that the Certificates 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 -20- -420- (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 Certificates) an amount that is at least equal to 90 percent ofthe "Excess Earnings," within the meaning of Section 148(0 ofthe Code and to pay to the United States of America, not later than 60 days after the Certificates have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under Section 148(0 of the Code. For purposes of the foregoing (a) and (b), the Issuer understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding bonds, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of issuance of the Certificates. It is the understanding of the City that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or ruling are hereafter promulgated which modify or expand provisions of the Code, as applicable to the Certificates, the City will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nationally - recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Certificates under Section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Certificates, the City agrees to comply with the additional requirements to the extent necessary, in the opinion ofnationally - recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Certificates under Section 103 of the Code. In furtherance of such intention, the City hereby authorizes and directs the Mayor, the City Manager and the Director of Financial Services to execute any documents, certificates or -21- —421— reports required by the Code, and to make such elections on behalf of the City which may be permitted by the Code as are consistent with the purpose for the issuance of the Certificates. In order to facilitate compliance with clause (h) above, a "Rebate Fund" is hereby established by the City for the sole benefit of the United States of America, and the Rebate Fund shall not be subject to the claim of any other person, including without limitation the holders of the Certificates. The Rebate Fund is established for the additional purpose of compliance with Section 148 of the Code. Section 15. ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR THE PROJECT. That the Issuer covenants to account for the expenditure of proceeds from the sale of the Certificates and any investment earnings thereon to be used for the purposes described in Section 1 of this Ordinance (such purpose referred to herein and Section 16 hereof as a "Project") on its books and records 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) such Project is completed. The foregoing notwithstanding, the Issuer shall not expend such proceeds or investment earnings more than 60 days after the earlier of (a) the fifth anniversary of the date of delivery of the Certificates or (b) the date the Certificates are retired, unless the Issuer 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 Certificates. For purposes hereof the Issuer shall not be obligated to comply with this covenant if it obtains an opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. Section 16. DISPOSITION OF PROJECT. That the Issuer covenants that the property constituting a Project will not be sold or otherwise disposed in a transaction resulting in the receipt -22- -422- by the Issuer of cash or other compensation, unless the Issuer obtains an opinion of nationally - recognized bond counsel substantially to the effect that such sale or other disposition will not adversely affect the tax - exempt status of the Certificates. For purposes of the foregoing, the portion ofthe property comprising personal property and disposed in the ordinary course shall not be treated as a transaction resulting in the receipt of cash or other compensation. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains an opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. Section 17. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES. That the Mayor of the City is hereby authorized to have control ofthe Certificates initially issued and delivered hereunder and all necessary records and proceedings pertaining to the Certificates pending their delivery and their investigation, examination, and approval by the Attorney General, and their registration by the Comptroller. Upon registration of the Certificates the Comptroller (or a deputy designated in writing to act for the Comptroller) shall manually sign the Comptroller's Certificate attached to such Certificates, and the seal of the Comptroller shall be impressed, or placed in facsimile, on the Comptroller's Certificate. The City Council hereby authorizes the payment of the fee of the Office of the Attorney General for the examination of the proceedings relating to the issuance of the Certificates, in the amount determined in accordance with the provisions of Section 1202.004, Texas Government Code. Section 18. SALE OF CERTIFICATES. (a) Sale to Underwriters. That the sale of the Certificates to Morgan Keegan & Co., Inc., as representative for the underwriters named in the Purchase Contract (the "Purchase Contract ") between the City and the underwriters named therein -23- -423- (the "Underwriters "), at the purchase price described in the Purchase Contract, is hereby authorized, ratified and confirmed. One Certificate in the principal amount maturing on each maturity date as set forth in Schedule I attached to this Ordinance shall be delivered to the Underwriters, and the Underwriters shall have the right to exchange such Certificates as provided in Section 5 hereof without cost. (b) Execution of Purchase Contract. That the Purchase Contract setting forth the terms of the sale of the Certificates to the Underwriters, in substantially the form attached to this Ordinance, is hereby accepted, approved and authorized to be delivered in executed form to the Underwriters. (c) Bond Insurance. The Mayor, City Manager and the Director of Fiscal Services each is authorized, in connection with effecting the sale of the Certificates, to obtain from (the "Insurer ") a municipal bond insurance policy in support of the Certificates. To that end, for so long as such policy is in effect, the requirements of the Insurer relating to the issuance of said policy is incorporated by reference into this Ordinance and made a part hereof for all purposes, notwithstanding any other provision of this Ordinance to the contrary. Section 19. APPROVAL OF OFFICIAL STATEMENT. That the "Official Statement" prepared in connection with the sale of the Certificates, in substantially the form attached to this Ordinance, is hereby accepted, approved and authorized to be delivered in executed form to the Underwriters. The use of the "Preliminary Official Statement" prepared in connection with the sale of the Certificates is hereby ratified. Section 20. CONTINUING DISCLOSURE OBLIGATION. (a) Definitions. That as used in this Section, the following terms have the meanings ascribed to such terms below: "MAC" means the Muncipal Advisory Council of Texas. -24- -424- "MSRB" means the Municipal Securities Rulemaking Board. "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule 15c2 -12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. "SID" means any person designated by the State of Texas or an authorized department, 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. (b) Annual Reports. (i) The City shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year ending in or after 2008, financial information and operating data with respect to the City of the general type included in the final Official Statement authorized by Section 19 of this Ordinance, being the information described in Exhibit B hereto. Any financial 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 City may be required to employ from time to time pursuant to state law or regulation, and (2) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the City shall provide unaudited financial statements by the required time, and shall provide audited financial statements for the applicable fiscal year to each NRMSIR and any SID, when and if the audit report on such statements become available. -25- -425- (ii) If the City changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. (c) Material Event Notices. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Certificates of Obligation, if such event is material within the meaning of the federal securities laws: 1. Principal and interest payment delinquencies; 2. Non - payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax- exempt status of the Certificates; 7. Modifications to rights of holders of the Certificates; 8. Certificate calls; 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the Certificates; and 11. Rating changes. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with subsection (b) of this Section by the time required by such subsection. Any filing under this Section may be made solely by transmitting such filing to the MAC as provided at http:% ww; w.disclossureusi_org, -26- -426- unless the SEC has withdrawn the interpretive advice stated in its letter to the MAC dated September 7, 2004. (d) Limitations, Disclaimers, and Amendments. (0 The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an "obligated person" with respect to the Certificates within the meaning of the Rule, except that the City in any event will give notice of any deposit made in accordance with this Ordinance or applicable law that causes Certificates no longer to be outstanding. (ii) The provisions of this Section are for the sole benefit of the registered owners and beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that maybe relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any future date. (iii) UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF _27_ —427— ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. (iv) No default by the City in observing or performing its obligations under this Section shall comprise a breach of or default under the Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. (v) The provisions of this Section maybe amended by the City from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Certificates in the primary offering ofthe Certificates in compliance with the Rule, taking into account any amendments or interpretations ofthe Rule since such offering as well as such changed circumstances and (2) either (a) the registered owners of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the outstanding Certificates consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determined that such amendment will not materially impair the interest of the registered owners and beneficial owners of the Certificates. If the City so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (b) of this Section an explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type of financial information or operating data so provided. The City may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of fmal jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the _28- -428- extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling Certificates in the primary offering of the Certificates. Section 21. DEFAULT AND REMEDIES. (a) Events of Default. Each of the following occurrences or events for the purpose of this Ordinance is hereby declared to be an "Event of Default ": (i) the failure to make payment of the principal of or interest on any of the Certificates when the same becomes due and payable; or (ii) default in the performance or observance of any other covenant, agreement or obligation of the City, the failure to perform which materially, adversely affects the rights of the registered owners ofthe Certificates, including, but not limited to, their prospect or ability to be repaid in accordance with this Ordinance, and the continuation thereof for a period of 60 days after notice of such default is given by any registered owner to the City. (b) Remedies for Default. (i) Upon the happening of any Event of Default, then and in every case, any registered owner or an authorized representative thereof, including, but not limited to, a trustee or trustees therefor, may proceed against the City, or any official, officer or employee ofthe City in their official capacity, for the purpose of protecting and enforcing the rights of the registered owners under this Ordinance, by mandamus or other suit, action or special proceeding in equity or at law, in any court of competent jurisdiction, for any relief permitted by law, including the specific performance of any covenant or agreement contained herein, or thereby to enjoin any act or thing that may be unlawful or in violation of any right of the registered owners hereunder or any combination of such remedies. _29- -429- (ii) It is provided that all such proceedings shall be instituted and maintained for the equal benefit of all registered owners of Certificates then outstanding. (c) Remedies Not Exclusive. (i) No remedy herein conferred or reserved is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or under the Certificates or now or hereafter existing at law or in equity; provided, however, that notwithstanding any other provision of this Ordinance, the right to accelerate the debt evidenced by the Certificates shall not be available as a remedy under this Ordinance. (ii) The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of any other available remedy. (iii) By accepting the delivery of a Certificate authorized under this Ordinance, such registered owner agrees that the certifications required to effectuate any covenants or representations contained in this Ordinance do not and shall never constitute or give rise to a personal or pecuniary liability or charge against the officers, employees or trustees of the City or the City Council. (iv) None of the members of the City Council, nor any other official or officer, agent, or employee of the City, shall be charged personally by the registered owners with any liability, or be held personally liable to the registered owners under any term or provision of this Ordinance, or because of any Event of Default or alleged Event of Default under this Ordinance. -30- -430- Section 22. DTC REGISTRATION. That the Certificates initially shall be issued and delivered in such manner that no physical distribution of the Certificates will be made to the public, and The Depository Trust Company ( "DTC "), New York, New York, initially will act as depository for the Certificates. DTC has represented that it is a limited purpose trust company incorporated under the laws of the State of New York, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered under Section 17A of the Securities Exchange Act of 1934, as amended, and the City accepts, but in no way verifies, such representations. The Certificates initially authorized by this Ordinance shall be delivered to and registered in the name of CEDE & CO., the nominee of DTC. It is expected that DTC will hold the Certificates on behalf of the Underwriters and their respective participants. So long as each Certificate is registered in the name of CEDE & CO., the Paying Agent /Registrar shall treat and deal with DTC the same in all respects as if it were the actual and beneficial owner thereof. It is expected that DTC will maintain a book -entry system which will identify ownership ofthe Certificates in Authorized Denominations, with transfers of ownership being effected on the records of DTC and its participants pursuant to rules and regulations established by them, and that the Certificates initially deposited with DTC shall be immobilized and not be further exchanged for substitute Certificates except as hereinafter provided. The City is not responsible or liable for any functions of DTC, will not be responsible for paying any fees or charges with respect to its services, will not be responsible or liable for maintaining, supervising, or reviewing the records of DTC or its participants, or protecting any interests or rights of the beneficial owners of the Certificates. It shall be the duty of the DTC Participants, as defined in the Official Statement herein approved, to make all arrangements with DTC to establish this book -entry system, the beneficial ownership of the Certificates, and the method of paying the fees and charges of DTC. The City does -31- —431— not represent, nor does it in any way covenant that the initial book -entry system established with DTC will be maintained in the future. Notwithstanding the initial establishment ofthe foregoing book -entry system with DTC, if for any reason any of the originally delivered Certificates is duly filed with the Paying Agent/Registrar with proper request for transfer and substitution, as provided for in this Ordinance, substitute Certificates will be duly delivered as provided in this Ordinance, and there will be no assurance or representation that any book -entry system will be maintained for such Certificates. In connection with the initial establishment of the foregoing book -entry system with DTC, the City heretofore has executed a 'Blanket Letter of Representations" prepared by DTC in order to implement the book -entry system described above. Section 23. INTEREST EARNINGS; PREMIUM. That interest earnings derived from the investment of proceeds from the sale of the Certificates shall be used along with other proceeds for the construction of the permanent improvements set forth in Section 1 hereof for which the Certificates are issued; provided that after completion of such permanent improvements, if any of such interest earnings remain on hand, such interest earnings shall be deposited in the Interest and Sinking Fund. It is further provided, however, that any interest earnings on proceeds which are required to be rebated to the United States of America pursuant to this Ordinance hereof in order to prevent the Certificates from being arbitrage bonds shall be so rebated and not considered as interest earnings for the purposes of this Section. All premium received in connection with the sale of the Certificates shall be used in a manner consistent with the provisions of Section 1201.042, Texas Government Code. The City Council hereby finds that the sum of the aggregate principal amount of the Certificates and premium, if any, received as part of the purchase price for the Certificates to be expended for the construction of the permanent improvements set forth in Section 1 hereof will not -32- —432— exceed the maximum amount of Certificates authorized to be sold in the notice of intention published in connection with the sale of the Certificates. Section 24. CONFLICTING PROCEEDINGS. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. Section 25. OFFICIALS AUTHORIZED TO ACT ON BEHALF OF THE CITY. That the Mayor, the City Secretary, the City Manager, any Assistant City Manager or the Director of Financial Services of the City, and all other officers, employees, and agents of the City, and each of them, shall be and they are hereby expressly authorized, empowered, and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge, and deliver in the name and under the seal and on behalf of the City all such instruments, whether herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the Certificates, the offering documents prepared in connection with the sale of the Certificates, or the Paying Agent/Registrar Agreement. In case any officer whose signature appears on any Certificate shall cease to be such officer before the delivery of such Certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery. Section 26. RULES OF CONSTRUCTION. That for all purposes of this Ordinance, unless the context requires otherwise, all references to designated Sections and subsections are to the Sections and subsections of this Ordinance. The words "herein ", "hereof' and "hereunder" and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. Except where the context otherwise requires, terms defined in this Ordinance to impart the singular number shall be considered to include the plural number and vice versa. References to any named person means that party and its successors and assigns. References to any constitutional, -33- -433- statutory or regulatory provision means such provision as it exists on the date this Ordinance is adopted by the City and any future amendments thereto or successor provisions thereof. Any reference to the payment of principal in this Ordinance shall be deemed to include the payment of any mandatory sinking fund redemption payments as described herein. Any reference to "FORM OF CERTIFICATE" shall refer to the form of the Certificates set forth in Exhibit A to this Ordinance. The titles and headings of the Sections and subsections of this Ordinance have been inserted for convenience of reference only and are not to be considered a part hereof and shall not in any way modify or restrict any of the terms or provisions hereof. The findings set forth in the preamble to this Ordinance are hereby incorporated into the body of this Ordinance and made a part hereof for all purposes. Section 27. IMMEDIATE EFFECT. That in accordance with the provisions of V.T.C.A., Government Code, Section 1201.028, this Ordinance shall be effective immediately upon its adoption by the City Council. [Execution page follows] -34- -434- ADOPTED this 9th day of September, 2008. Mayor, City of Corpus Christi, Texas ATTEST: City Secretary, City of Corpus Christi, Texas (SEAL) APPROVED THIS 9TH DAY OF SEPTEMBER, 2008: MARY KAY FISCHER, CITY ATTORNEY -35- -435- SCHEDULE I The Certificates shall mature on March 1 in each of the years, in the amounts, and bear interest at the interest rates per annum, as set forth in the following schedule: YEARS AMOUNTS ($) 2010 190,000 2011 200,000 2012 210,000 2013 220,000 2014 230,000 2015 245,000 2016 255,000 2017 270,000 2018 280,000 2019 295,000 2020 310,000 2021 330,000 2022 345,000 2023 360,000 2024 380,000 2025 400,000 2026 420,000 2027 440,000 2028 465,000 2029 485,000 2030 510,000 2031 540,000 2032 565,000 2033 595,000 2034 625,000 2035 655,000 2036 690,000 2037 725,000 2038 765,000 -36- -436- INTEREST RATES (%) FORM OF CERTIFICATE NO. R- $ UNITED STATES OF AMERICA STATE OF TEXAS COUNTIES OF NUECES AND SAN PATRICIO CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND SOLID WASTE REVENUE CERTIFICATE OF OBLIGATION SERIES 2008 MATURITY DATE INTEREST RATE ORIGINAL ISSUE DATE CUSIP September 1, 2008 ON THE MATURITY DATE specified above, THE CITY OF CORPUS CHRISTI, TEXAS (the "City" or the "Issuer "), being a political subdivision of the State of Texas, hereby promises to pay to (hereinafter called the "registered owner ") the principal amount of DOLLARS and to pay interest thereon from the Original Issue Date specified above, on March 1, 2009, and semiannually on each September 1 and March 1 thereafter to the maturity date specified above or the date of its redemption prior to scheduled maturity, at the interest rate per annum specified above; except that if this Certificate is required to be authenticated and the date of its authentication is later than March 1, 2009, such interest is payable semiannually on. each September 1 and March 1 following such date. THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Certificate shall be paid to the registered owner hereof upon presentation and surrender of this Certificate at maturity, or upon the date fixed for its redemption prior to maturity, at the corporate trust office in Dallas, Texas (the "Designated Trust Office ") of The Bank of New York Mellon Trust Company, N.A. (the "Paying Agent/Registrar "). The payment of interest on this Certificate shall be made by the Paying Agent/Registrar to the registered owner hereof as shown by the Registration Books kept by the Paying Agent/Registrar at the close of business on the 15th day of the month next preceding such interest payment date by check drawn by the Paying Agent /Registrar on, and payable solely from, funds of the Issuer required to be on deposit with the Paying Agent /Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, first -class postage prepaid, on each such in- terest payment date, to the registered owner hereof at its address as it appears on the Registration -.437- Books kept by the Paying Agent/Registrar, as hereinafter described, or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. The Issuer covenants with the registered owner of this Certificate that no later than each principal payment and/or interest payment date for this Certificate it will make available to the Paying Agent/Registrar from the Interest and Sinking Fund as defined by the ordinance authorizing the Certificates (the "Certificate Ordinance ") the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Certificates, when due. IF THE DATE for the payment of the principal of or interest on this Certificate shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the Designated Trust Office of the Paying Agent/Registrar is located are authorized by law or ex- ecutive order to close, or the United States Postal Service is not open for business, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close, or the United States Postal Service is not open for business; and payment on such date shall have the same force and effect as if made on the original date payment was due. Notwithstanding the foregoing, during any period in which ownership of the Certificates is determined only by a book entry at a securities depository for the Certificates, any payment to the securities depository, or its nominee or registered assigns, shall be made in accordance with existing arrangements between the Issuer and the securities depository. THIS CERTIFICATE is one of a Series of Certificates (the "Certificates ") dated the Original Issue Date specified above, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $12,000,000 FOR THE PURPOSE OF PROVIDING PART OF THE FUNDS FOR PAYING CONTRACTUAL OBLIGATIONS TO BE INCURRED FOR THE CITY, TO -WIT: the construction of improvements to the City's solid waste facilities, including, without limitation, paying contractual obligations to be incurred with respect to the development of the Cefe Valenzuela landfill in the vicinity of County Road 20 and Farm Road 2444, for the construction of municipal landfill waste disposal cells, internal roadways and pavement, cover systems, gas collection systems, equipment, drainage facilities, maintenance facilities, extension of the leachate collection and management system, liners, environmental monitoring equipment, and other improvements necessary to operate the landfill, and improvements to the J. C. Elliott landfill in the vicinity of State Highway 286 (Chapman Ranch Road) and State Highway 357 (Saratoga Boulevard) including construction of final cover systems, gas management system, ground water monitoring, transfer station improvements and equipment, scalehouse building improvements, internal roadways and pavement, and other improvements necessary to operate said facility, and the payment of fiscal, engineering and legal fees incurred in connection therewith. ON MARCH 1, 2018, or on any date thereafter, the Certificates of this Series maturing on March 1, 2019 and thereafter may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in part (provided that a portion of a Certificate may be redeemed only in an integral multiple of $5,000), at par and accrued interest to the date fixed for redemption. The years of maturity of the Certificates called for redemption at the option of the Issuer prior to stated maturity shall be -438- selected by the Issuer. The Certificates or portions thereof redeemed within a maturity shall be selected at random and by lot by the Paying Agent/Registrar; provided, that during any period in which ownership of the Certificates is determined only by a book entry at a securities depository for the Certificates, if fewer than all of the Certificates of the same maturity and bearing the same interest rate are to be redeemed, the particular Certificates of such maturity and bearing such interest rate shall be selected in accordance with the arrangements between the Issuer and the securities depository. THE CERTIFICATES are also subject to mandatory redemption in part by lot pursuant to the terms of the Certificate Ordinance, on March 1 in each of the years 20_ through 20_, with respect to Certificates maturing March 1, 20_, in the following years and in the following amounts, at a price equal to the principal amount thereof and accrued and unpaid interest to the date of redemption, without premium: Year Principal Amount ($) *Final Maturity To the extent, however, that Certificates subject to sinking fund redemption have been previously purchased or called for redemption in part and otherwise than from a sinking fund redemption payment, each annual sinking fund payment for such Certificate shall be reduced by the amount obtained by multiplying the principal amount of Certificates so purchased or redeemed by the ratio which each remaining sinking fund redemption payment for such Certificates bears to the total remaining sinking fund payments, and by rounding each such payment to the nearest $5,000 integral; provided, that during any period in which ownership of the Certificates is determined only by a book entry at a securities depository for the Certificates, the particular Certificates to be called for mandatory redemption shall be selected in accordance with the arrangements between the Issuer and the securities depository. AT LEAST 30 days prior to the date fixed for any such redemption, (a) a written notice of such redemption shall be given to the registered owner of each Certificate or a portion thereof being called for redemption by depositing such notice in the United States mail, first -class postage prepaid, addressed to each such registered owner at his address shown on the Registration Books of the Paying Agent /Registrar and (b) notice of such redemption shall be published one (1) time in a financial journal or publication of general circulation in the United States of America or the State of Texas carrying as a regular feature notices of municipal bonds called for redemption, provided, however, that the failure to send, mail, or receive such notice described in (a) above, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Certificate, and the Certificate Ordinance provides that the publication of notice as described in (b) above shall be the only notice actually required in connection with or as a prerequisite to the redemption of any Certificates. By the date fixed for any such redemption due provision shall be made by the Issuer with the Paying Agent/Registrar for the payment of the required redemption price for this Certificate or the portion hereof which is to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such notice of redemption is given, and if due provision for such payment is made, all as provided above, this -439- Certificate, or the portion hereof which is to be so redeemed, thereby automatically shall be redeemed prior to its scheduled maturity, and shall not bear interest after the date fixed for its redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price plus accrued interest to the date fixed for redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall record in the Registration Books all such redemptions of principal of this Certificate or any portion hereof. If a portion of any Certificate shall be redeemed a substitute Certificate or Certificates having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Certificate Ordinance. ALL CERTIFICATES OF THIS SERIES are issuable solely as fully registered certificates, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Certificate Ordinance, this Certificate, or any unredeemed portion hereof, may, at the request of the registered owner or the assignee or assignees hereof, be assigned, transferred, and exchanged for a like aggregate principal amount of fully registered certificates, without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may be, having the same maturity date, and bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee, or assignees, as the case may be, upon surrender of this Certificate to the Paying Agent/Registrar at its Designated Trust Office for cancellation, all in accordance with the form and procedures set forth in the Certificate Ordinance. Among other requirements for such assignment and transfer, this Certificate must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Certificate or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Certificate or any such portion or portions hereof is or are to be transferred and registered. The form of Assignment printed or endorsed on this Certificate may be executed by the registered owner to evidence the assignment hereof, but such method is not exclusive, and other instruments of assignment satisfactory to the Paying Agent /Registrar may be used to evidence the assignment of this Certificate or any portion or portions hereof from time to time by the registered owner. The Issuer shall pay the Paying Agent /Registrar's reasonable standard or customary fees and charges for transferring and exchanging any Certificate or portion thereof. In any circumstance, any taxes or governmental charges required to be paid with respect thereto shall be paid by the one requesting such assignment, transfer, or exchange as a condition precedent to the exercise of such privilege. In any circumstance, neither the Issuer nor the Paying Agent /Registrar shall be required (1) to make any transfer or exchange during a period beginning at the opening of business 30 days before the day of the first mailing of a notice of redemption of certificates and ending at the close of business on the day of such mailing, or (2) to transfer or exchange any certificates so selected for redemption when such redemption is scheduled to occur within 30 calendar days. -440- WHENEVER the beneficial ownership of this Bond is determined by a book entry at a securities depository for the Certificates, the foregoing requirements of holding, delivering or transferring this Certificate shall be modified to require the appropriate person or entity to meet the requirements of the securities depository as to registering or transferring the book entry to produce the same effect. IN THE EVENT any Paying Agent/Registrar for the Certificates is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and cause written notice thereof to be mailed to the registered owners of the Certificates. BY BECOMING the registered owner of this Certificate, the registered owner thereby acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and available for inspection in the official minutes and records of the Issuer, and agrees that the terms and provisions of this Certificate and the Certificate Ordinance constitute a contract between each registered owner hereof and the Issuer. IT IS HEREBY certified, recited and covenanted that this Certificate has been duly and validly authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Certificate have been performed, existed, and been done in accordance with law; that this Certificate is a direct obligation of the City, issued on the full faith and credit thereof; that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the City, and have been pledged for such payment, within the limit prescribed by law; and that the "Surplus Revenues" (as defined in the Certificate Ordinance) of the City's Solid Waste System remaining after payment of all maintenance and operation expenses thereof, and all other obligations now or hereafter payable therefrom, as . provided in the Certificate Ordinance, have been pledged as additional security for the Certificates. IN WITNESS WHEREOF, this Certificate has been signed with the manual or facsimile signature of the Mayor of the City, attested by the manual or facsimile signature of the City Secretary of the City, and the official seal of the City has been duly affixed to, impressed, or placed in facsimile, on this Certificate. xxxxx xxxXX City Secretary, City of Mayor, City of Corpus Christi, Texas Corpus Christi, Texas (SEAL) —441— FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE PAYING AGENT /REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Certificate of Obligation has been issued under the provisions of the Certificate Ordinance described on the face of this Certificate of Obligation; and that this Certificate of Obligation has been issued in exchange for or replacement of a certificate of obligation, certificates of obligation, or a portion of a certificate of obligation or certificates of obligation of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. Dated THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. By Authorized Representative -442- FORM OF ASSIGNMENT ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto (Please insert Social Security or Taxpayer Identification Number of Transferee) / / (Please print or typewrite name and address, including zip code of Transferee) the within Certificate of Obligation and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to register the transfer of the within Certificate of Obligation on books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. NOTICE: The signature above must correspond with the name of the Registered Owner as it appears upon the front of this Certificate of Obligation in every particular, without alteration or or enlargement or any change whatsoever. -443- *FORM OF COMPTROLLER'S CERTIFICATE ATTACHED TO THE CERTIFICATES UPON INITIAL DELIVERY THEREOF OFFICE OF COMPTROLLER REGISTER NO. STATE OF TEXAS I hereby certify that this Bond has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas. WITNESS MY HAND and seal of office at Austin, Texas this Comptroller of Public Accounts of (SEAL) the State of Texas NOTE TO PRINTER: *¶ not to be on certificate —444— Exhibit B to Ordinance DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 20 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: 1. Appendix A, under the headings: "Debt Payable from Taxes ", "General Revenues ", "General Expenses ", "Ad Valorem Taxes ", "Five Year Operating Statement for Solid Waste ", "Municipal Hotel Occupancy Taxes ", and "The Tax Increment Financing Act"; and 2. Appendix C, "Combined Financial Statements of the City of Corpus Christi, Texas for the Fiscal Year ended July 31, 2007. Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to in paragraph 2 above. -445- THE STATE OF TEXAS COUNTIES OF NUECES AND SAN PATRICIO CITY OF CORPUS CHRISTI I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of' Corpus Christi, Texas (and of the minutes pertaining thereto) on the 9th day of September, 2008, authorizing the issuance of' $12,000,000 Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 2008, which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 9th day of September, 2008. (SEAL) City Secretary, City of Corpus Christi, Texas —446— • o ,V: O � a C O,� m E s .=v • 0 N m • o o •0 c 9 `3 E O 0 c .. Y 9 C � v $ 3 o .= c e .- a O 3 E3 .. e ✓ T 8 a e e E c 'o5 d _ 0. u U • O o y y T 2? W 3 a n v y c « 5— o F To 0 2 o H 8 ' v c c Ts 0 • o E o .0 Pit ov o " c � • ,V _,_s N 'a 9 v e m ✓ 0 0 — 'a y U 0' o a s 0 vo y C m P. 3 PRELIMINARY OFFICIAL STATEMENT DATED SEPTEMBER _, 2008 In the opinion of McCall, Parkhurst & Horton L.L.P., Bond Counsel, interest on the Certificates will be excludable from gross income for federal income tax purposes under statutes, regulations, published rulings and court decisions existing on the date thereof except as to matters described under "TAX MATTERS" herein, including the alternative minimum tax on corporations. NEW ISSUE - BOOK - ENTRY -ONLY $12,000,000* City of Corpus Christi, Texas Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 2008 Moody's: "Applied For" S &P: "Applied For" Fitch: "Applied For" (See "BOND INSURANCE" and "RATINGS" herein) Dated: September 1, 2008 Due: March 1, as shown on following page The City of Corpus Christi, Texas Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 2008 (the "Certificates ") will be issued by the City of Corpus Christi, Texas (the "City" or the "Issuer "). The Certificates are being issued pursuant to the Constitution and general laws of the State of Texas, particularly the Certificate of Obligation Act of 1971, as amended, Subchapter C, Chapter 271, Texas Local Government Code, and an ordinance (the "Ordinance ") adopted by the City Council of the City (the "Council "). The Certificates are being issued to provide funds: (1) to make improvements to the City's Solid Waste System, including landfill site development and drainage improvements and (2) to pay the costs of issuance of the Certificates. The Certificates are general obligations of the City and ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Certificates, as such interest and principal become due, have been levied and ordered to be levied against all taxable property in the City, and have been pledged for such payment within the limits prescribed by law, and the Certificates are additionally secured by and payable from a lien on and pledge of the Surplus Net Revenues derived from the operation of the City's Solid Waste System after payment of all operation and maintenance expenses thereof, and other obligations now or hereafter payable therefrom. (See "THE CERTIFICATES - Security for the Certificates" and "EFFECT OF THE TAX RATE LIMITATION" herein.) Interest on the Certificates will accrue from the dated date of the Certificates and will be payable on March 1, 2009, and on each September 1 and March 1 thereafter until maturity or prior redemption. The City intends to utilize the Book - Entry-Only System of The Depository Trust Company ( "DTC "), but reserves the right on its behalf or on behalf of DTC to discontinue such system. Principal of the Certificates will be payable by the paying agent/registrar (the "Paying Agent/Registrar "), initially The Bank of New York Mellon Trust Company, N.A., Dallas, Texas. The definitive Certificates will be registered in the name of Cede & Co., as nominee of DTC. Such Book - Entry-Only System will affect the method and timing of payment and the method of transfer relating to the Certificates. DTC will be responsible for distributing the principal and interest payments to the participating members of DTC and the participating members will be responsible for distributing the payment to the owners of beneficial interest in the Certificates. See "BOOK- ENTRY -ONLY SYSTEM" herein. So long as the Certificates are in Book- Entry-Only form, DTC is the securities depository therefor, Cede & Co., as nominee for DTC, will be the registered owner of the Certificates and references herein to registered owners shall mean Cede & Co. and not the beneficial owners of the Certificates. The City has made application to municipal bond insurance companies to have the payment of the principal of and interest on the Certificates insured by a municipal bond insurance policy. The City shall notify potential purchasers should the City obtain a commitment from a bond insurance company conceming this matter. The Final Official Statement shall disclose, to the extent necessary, any relevant information relating to this municipal bond insurance policy. The Certificates are subject to optional redemption prior to stated maturity. See "THE CERTIFICATES - Optional Redemption herein. Conditions To Delivery ... The Certificates are offered for delivery. when issued, to the initial purchasers thereof (the "Underwriters"), subject to the opinions of the Attorney General of the State of Texas and McCall, Parkhurst & Horton L.L.P., Bond Counsel for the City (see "LEGAL MATTERS" and "TAX MATTERS "). Certain legal matters will be passed upon for the City by the City Attorney and for the Underwriters by Fulbright & Jaworski L.L.P., San Antonio, Texas. It is anticipated that the definitive Certificates will be tendered for delivery through the services of DTC on or about October 2, 2008. MORGAN KEEGAN & CO, INC. FROST NATIONAL BANK Preliminary, subject to change. 80250741.5 —447— $12,000,000* CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND SOLID WASTE REVENUE CERTIFICATES OF OBLIGATION, SERIES 2008 STATED MATURITY SCHEDULE (Due March 1) CUSIP No. Prefix 220112 Principal Amount Stated Maturity Rate% Yield % CUSIP No. Suffixt1l 2010 $190,000 2011 200,000 2012 210,000 2013 220,000 2014 230,000 2015 245,000 2016 255,000 2017 270,000 2018 280,000 2019 295,000 2020 310,000 2021 330,000 2022 345,000 2023 360,000 2024 380,000 2025 400,000 2026 420,000 2027 440,000 2028 465,000 2029 485,000 2030 510,000 2031 540,000 2032 565,000 2033 595,000 2034 625,000 2035 655,000 2036 690,000 2037 725,000 2038 765,000 (Accrued Interest From September 1, 2008 To Be Added) t "CUSIP numbers have been assigned to the Certificates by Standard & Poor's CUSIP Service Bureau, a Division of The McGraw Hill Companies, Inc., and are included solely for the convenience of owners of the Certificates. Neither the City, the Financial Advisor, nor the Underwriters shall be responsible for the selection or correctness of the CUSIP numbers set forth herein. Preliminary, subject to change. 80250741.5 _ii_ -448- USE OF INFORMATION IN OFFICIAL STATEMENT For purposes of compliance with Rule 15c2 -12 of the United States Securities and Exchange Commission, as amended, and in effect on the date of this Preliminary Official Statement, this document constitutes a Preliminary Official Statement of the City with respect to the Certificates that has been deemed "final" by the City as of its date except for the omission of no more than the information permitted by Rule 15c2 -12. This Official Statement, which includes the cover page and the Appendices hereto, does not constitute an offer to sell or the solicitation of an offer to buy in any jurisdiction to any person to whom it is unlawful to make such offer, solicitation or sale. No dealer, broker, salesman or other person has been authorized to give any information, or to make any representations other than those contained in this Official Statement, and, if given or made, such other information or representations must not be relied upon as having been authorized by the City, the Financial Advisor, or the Underwriters. This Official Statement is not to be used in connection with an offer to sell or the solicitation of an offer to buy in any state in which such offer or solicitation is not authorized or in which the person making such offer or solicitation is not qualified to do so or to any person to whom it is unlawful to make such offer or solicitation. Any information and expressions of opinion herein contained are subject to change without notice, and neither the delivery of this Official Statement nor any sale made hereunder shall, under any circumstances, create any implication that there has been no change in the affairs of the City or other matters described herein since the date hereof. THE UNDERWRITERS HAVE PROVIDED THE FOLLOWING SENTENCE FOR INCLUSION IN THIS OFFICIAL STATEMENT. THE UNDERWRITERS HAVE REVIEWED THE INFORMATION IN THIS OFFICIAL STATEMENT IN ACCORDANCE WITH THEIR RESPONSIBILITIES TO INVESTORS UNDER THE FEDERAL SECURITIES LAWS AS APPLIED TO THE FACTS AND CIRCUMSTANCES OF THIS TRANSACTION, BUT THE UNDERWRITERS DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. THE CERTIFICATES ARE EXEMPT FROM REGISTRATION WITH THE SEC AND CONSEQUENTLY HAVE NOT BEEN REGISTERED THEREWITH. THE REGISTRATION, QUALIFICATION, OR EXEMPTION OF THE CERTIFICATES IN ACCORDANCE WITH APPLICABLE SECURITIES LAW PROVISIONS OF THE JURISDICTIONS IN WHICH THESE CERTIFICATES HAVE BEEN REGISTERED, QUALIFIED, OR EXEMPTED SHOULD NOT BE REGARDED AS A RECOMMENDATION THEREOF. IN CONNECTION WITH THE OFFERING OF THE CERTIFICATES, THE UNDERWRITERS MAY OVER ALLOT OR EFFECT TRANSACTIONS THAT STABILIZE OR MAINTAIN THE MARKET PRICE OF THE CERTIFICATES AT A LEVEL ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME. Neither the City, the Financial Advisor, nor the Underwriters make any representation as to the accuracy, completeness, or adequacy of the information supplied by The Depository Trust Company for use in this Official Statement. CUSIP numbers have been assigned to this issue by the CUSIP Service Bureau and are included solely for the convenience of the owners of the Certificates. Neither the City, the Financial Advisor, nor the Underwriters shall be responsible for the selection or the correctness of CUSIP numbers. 80250741.5 -449- TABLE OF CONTENTS STATED MATURITY SCHEDULE ii USE OF INFORMATION IN OFFICIAL STATEMENT iii CITY ADMINISTRATION SUMMARY STATEMENT vi SELECTED FINANCIAL AND TAX DATA viii INTRODUCTION 1 THE CERTIFICATES 1 SOURCES AND USES OF FUNDS 5 REMEDIES 6 BOND INSURANCE 6 REGISTRATION 6 BOOK - ENTRY -ONLY SYSTEM 7 AUTHORIZED BUT UNISSUED AD VALOREM TAX SUPPORTED BONDS 10 EFFECT OF THE TAX RATE LIMITATION 10 DEBT INFORMATION 11 INVESTMENT POLICY 11 PAYROLL STATISTICS 14 ANNEXATION PROGRAM 15 LITIGATION 16 GASB 34 STATEMENT 16 LEGAL MATTERS 16 TAX MATTERS 17 LEGAL INVESTMENTS AND ELIGIBILITY TO SECURE PUBLIC FUNDS IN TEXAS 20 RATINGS 20 CONTINUING DISCLOSURE OF INFORMATION 21 REGISTRATION AND QUALIFICATION OF CERTIFICATES FOR SALE 23 UNDERWRITING 23 FINANCIAL ADVISOR 23 INDEPENDENT ACCOUNTANTS 24 MISCELLANEOUS 24 FORWARD LOOKING STATEMENTS 24 AUTHORIZATION OF THE OFFICIAL STATEMENT 25 FINANCIAL INFORMATION A -1 CERTAIN INFORMATION RELATING TO THE CITY OF CORPUS CHRISTI B -1 FINANCIAL STATEMENTS OF THE CITY OF CORPUS CHRISTI, TEXAS C -1 OPINION OF BOND COUNSEL D -1 80250741.5 - iv - -450- City of Corpus Christi, Texas 1201 Leopard Corpus Christi, Texas 78401 (361) 880 -3105 CITY ADMINISTRATION ELECTED OFFICIALS Mayor Henry Garrett Council Members Bill Kelly, District 1 John Marez, District 2 Priscilla Leal, District 3 Michael McCutchon, District 4 Larry Elizondo, Sr., District 5 Nelda Martinez, At Large Melody Cooper, At Large Mike Hummell, At Large CERTAIN APPOINTED OFFICIALS Name Position George K. Noe(» Angel Escobar Oscar Martinez Margie C. Rose Robert J. Nix, Jr. Cindy O'Brien Mary Kay Fischer Armando Chapa City Manager Interim Assistant City Manager Assistant City Manager Assistant City Manager Assistant City Manager Director of Financial Services City Attorney City Secretary nl Mr. Noe will step down on September I, 2008. Angel Escobar will serve as Interim City Manager until a replacement is hired. The City Council is working with a consultant on a nationwide search for its next city manager and expects to hire a new city manager within the next 90 days. CONSULTANTS AND ADVISORS McCall, Parkhurst & Horton L.L.P., Dallas, Texas The Bank of New York Mellon Trust Company, N.A., Dallas, Texas Bond Counsel Paying Agent Independent Certified Public Accountants Collier, Johnson & Woods, P.C., Corpus Christi, Texas Financial Advisors M. E. Allison & Co., Inc., San Antonio, Texas For additional information regarding the City, please contact: Ms. Cindy O'Brien City of Corpus Christi, Texas 1201 Leopard Corpus Christi, Texas 78401 (361) 880-3604 Fax (361) 880 -3601 cindvra,cctexas.com 80250741.5 Mr. Mark A. Seal M.E. Allison & Co., Inc. 950 East Basse Road, Second Floor or San Antonio, Texas 78209 (210) 930 -4000 Fax (210) 930 -4001 mseal(2ilmeall i son.com -v- -451- SUMMARY STATEMENT The Summary Statement is subject to the more complete information and to the definitions contained or incorporated in this Official Statement. The offering of the Certificates to potential investors is made only by means of this entire Official Statement. No person is authorized to detach this Summary Statement from this Official Statement or to otherwise use it without the entire Official Statement. The City The City of Corpus Christi, Texas (the "City" or the "Issuer "). Issue and Date Use of Proceeds $12,000,000. City of Corpus Christi, Texas Combination Tax and Solid Waste Revenue Certificates of Obligation, Series2008 (the "Certificates "). The Certificates are dated September 1, 2008. The proceeds of the Certificates will be utilized to (i) make improvements to the City's Solid Waste System, including landfill site development and related drainage improvements, and (ii) pay the costs of issuing the Certificates. Amounts and Maturities The Certificates are stated to mature on March 1 in varying amounts, as shown on the inside cover page of this Official Statement. Interest Payment Dates March 1, 2009 and on each September 1 and March I thereafter until maturity or prior redemption. Authority for Issuance The Certificates are being issued pursuant to the general laws of the State of Texas, the Certificate of Obligation Act of 1971, as amended, Subchapter C, Chapter 271, Texas Local Government Code, and an ordinance passed by the City Council of the City. (See "THE CERTIFICATES - Authority for Issuance" herein.) Optional Redemption The Certificates stated to mature on and after March 1, 2019, are subject to redemption, at the option of the City, in whole or in part, on March 1, 2018 and any date thereafter, at par plus accrued interest to the date fixed for redemption. The years of maturity of the Certificates called for redemption shall be selected by the City. If less than all of the Certificates are redeemed within a stated maturity at any time, the Certificates to be redeemed shall be selected by the Paying Agent/Registrar for the Certificates, at random and by lot within any stated maturity. Paying Agent/Registrar The initial paying agent/registrar for the Certificates is The Bank of New York Mellon Trust Company, N.A., Dallas, Texas. The City intends to use the Book -Entry-Only System of the Depository Trust Company. Security for Payment Principal of and interest on the Certificates will be payable from and secured by the receipts from an annual ad valorem tax levied on all taxable property within the City, within the limits prescribed by law. The Certificates are additionally secured by and payable from a pledge of the Surplus Net Revenues derived from the operation of the City's Solid Waste System. (See "THE CERTIFICATES - Security for the Certificates" and "EFFECT OF THE TAX RATE LIMITATION" herein.) * Preliminary, subject to change. 80250741.5 - vi - -452- Bond Insurance Ratings Future Debt Issues Payment Record Delivery 80250741.5 The City has made application to municipal bond insurance companies to have the payment of the principal of and interest on the Certificates insured by a municipal bond insurance policy. The City shall notify potential purchasers should the City obtain a commitment from a bond insurance company concerning this matter. The Final Official Statement shall disclose, to the extent necessary, any relevant information relating to this municipal bond insurance policy. Rating applications have been submitted to Moody's investors Service, Inc. ( "Moody's "), Standard & Poor's Rating Services, a Division of The McGraw -Hill Companies, Inc. ( "S &P "), and Fitch Ratings ( "Fitch ") to obtain a rating on the Certificates. The results of this process will be communicated by the City when available. See "RATINGS" and "BOND INSURANCE" herein. The City's non - credit enhanced general obligation debt is rated "A2 ", "A + ", and "AA -" by Moody's, S &P, and Fitch, respectively. An explanation of the significance of such ratings may be obtained from the company famishing the rating. The ratings reflect only the respective views of such organizations and the City makes no representation as to the appropriateness of the ratings. There is no assurance that such ratings will continue for any given period of time or that they will not be revised downward or withdrawn entirely if in the judgment of these companies, circumstances so warrant. Any such downward revision or withdrawal of such ratings, or either of them, may have an adverse effect on the market price of the Certificates. The City does not anticipate the issuance of any additional general obligation indebtedness for the next twelve months, although the City may issue general obligation refunding bonds. The City has not defaulted on the payment of its bonded indebtedness in over 70 years. When issued, anticipated on or about October 2, 2008. - vii - -453- SELECTED FINANCIAL AND TAX DATA 2008 Net Taxable Assessed Valuation (As of August 1, 2008) (100% of Market Value) $13,813,355,014 Total Tax Supported Debt Outstandingt" 267,950,000 Less: Self Supporting Debt $106,884,957 Applicable Interest and Sinking Fund 10,061710 116.948.667 NET DEBT 151.491,3x} Ratio Net Debt to 2008 Net Taxable Assessed Valuation 1.94% Net Debt Per Capita (2008 Population Estimate — 295,594) $511 Average Current Tax Collections Past Five Years 96.18% Average Total Tax Collections Past Five Years 98.88% I' Adjusted to include the Certificates. Preliminary, subject to change. See Page A -I for more information. [The remainder of this page intentionally left blank.] 80250741.5 - viii - -454- S12,000,000' CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND SOLID WASTE REVENUE CERTIFICATES OF OBLIGATION, SERIES 2008 INTRODUCTION This Official Statement of the City of Corpus Christi, Texas (the "City", the "Issuer ", or "Corpus Christi ") is provided to furnish information in connection with the sale of the City of Corpus Christi, Texas Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 2008, in the aggregate principal amount of $12,000,000* (the "Certificates "). Corpus Christi is a political subdivision of the State of Texas, and a municipal corporation organized and existing under the laws of the State of Texas, including its duly adopted Home Rule Charter (the "Charter "). The Certificates will be sold in accordance with the provisions of an ordinance (the "Ordinance ") adopted by the City Council of the City on September 9, 2008. Capitalized terms used in this Official Statement have the same meanings assigned to such term in the Ordinance to be adopted on the date of sale of the Certificates, except as otherwise indicated herein. This Official Statement contains a description of the Certificates, and certain other information about the City and its finances. All descriptions of documents contained herein are only summaries and are qualified in their entirety by reference to each such document. Copies of such documents may be obtained from the City at 1201 Leopard, Corpus Christi, Texas 78401 and, during the offering period, from the City's Financial Advisor, Mark Seal, M.E. Allison & Co., Inc. 950 East Basse Road, Second Floor, San Antonio, Texas 78209, Telephone (210) 930 -4000, or from Cindy O'Brien, Director of Financial Services, City of Corpus Christi, 1201 Leopard, Corpus Christi, Texas 78401, telephone (361) 880 -3610, by electronic mail or upon payment of reasonable copying, mailing, and handling charges. This Official Statement speaks only as to its date, and the information contained herein is subject to change. Copies of the Final Official Statement pertaining to the Certificates will be deposited with the Municipal Securities Rulemaking Board, 1900 Duke Street, Suite 600, Alexandria, Virginia 22314. See 'CONTINUING DISCLOSURE OF INFORMATION" for a description of the City's undertaking to provide certain information on a continuing basis. THE CERTIFICATES Purposes of the Certificates The Certificates are being issued to provide funds: (1) to make improvements to the City's Solid Waste System, including landfill site development and related drainage improvements and (2) to pay the costs of issuance of the Certificates. The Certificates are issued pursuant to the Charter and the general laws of the State of Texas, particularly pursuant to the Ordinance adopted by the City Council and the Certificate of Obligation Act of 1971, as amended, Subchapter C, Chapter 271, Texas Local Govemment Code (the "Certificate of Obligation Act "). The Certificates are general obligations of the City and ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Certificates, as such interest and principal become due, have been levied and ordered to be levied against all taxable property in the City, and have been pledged for such payment, within the limits prescribed by law and that the Certificates are additionally secured by and payable from a lien on and pledge of the Surplus Net Revenues of the City's Solid Waste System. (See "EFFECT OF THE TAX RATE LIMITATION" herein.) Preliminary, subject to change. 80250741.5 - 1 - -455- General The Certificates will be dated September 1, 2008 and will be issued in principal denominations of $5,000 or any integral multiple thereof. The Certificates bear interest from such date at the stated interest rates indicated on the inside cover page hereof. Interest on the Certificates will be calculated on the basis of a 360 -day year of twelve 30 -day months, and will be payable on March 1, 2009 and each September 1 and March 1 thereafter, until the earlier of maturity or redemption. Interest on the Certificates will be calculated on the basis of a 360 -day year consisting of twelve 30 -day months. The City intends to utilize the Book -Entry-Only System of The Depository Trust Company ( "DTC "), but reserves the right on its behalf or behalf of DTC to discontinue such system. Principal of the Certificates will be payable by the paying agent/registrar, initially The Bank of New York Mellon Trust Company, N.A. (the "Paying Agent/Registrar"), through its offices located in Dallas, Texas (the "Designated Trust Office "), to Cede & Co., as nominee of DTC. Such Book -Entry-Only System will affect the method and timing of payment and the method of transfer. DTC will be responsible for distributing the principal and interest payments to the participating members of DTC and the participating members will be responsible for distributing the payment of the owners of beneficial interest in the Certificates. See "BOOK- ENTRY- ONLY SYSTEM" herein. So long as the Certificates are in Book - Entry-Only form, and DTC is the securities depository therefore, Cede & Co., as nominee of DTC, will be the registered owner of the Certificates and references herein to the Certificateholders or registered owners shall mean Cede & Co. and not the beneficial owners of the Certificates. Interest on the Certificates will be payable by check, dated as of the interest payment date and mailed by the Paying Agent/Registrar to registered owners as shown on the records of the Paying Agent/Registrar on the Record Date (see "REGISTRATION - Record Date for Interest Payment" herein), or, by such other customary banking arrangements, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, a registered owner. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the city where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. Optional Redemption The Certificates maturing on and after March I, 2019 are subject to redemption, at the option of the City, at the par value thereof plus accrued interest, in whole or in part, in the principal amount of S5,000 or any integral multiple thereof, on March 1, 2018, and on any date thereafter. The years of maturity of the Certificates called for redemption shall be selected by the City. If less than all of the Certificates are redeemed within a stated maturity at any time, the Certificates to be redeemed shall be selected by the Paying Agent/Registrar at random and by lot or other customary method in multiples of S5,000 within any stated maturity. Notice of Redemption At least 30 days prior to the date fixed for any such redemption, (a) a written notice of such redemption shall be given to the registered owner of each Certificate or a portion thereof being called for redemption by depositing such notice in the United States mail, first -class postage prepaid, addressed to each such registered owner at his address shown on the registration books maintained by the Paying Agent/Registrar and (b) notice of such redemption shall be published one (1) time in a financial journal or publication of general circulation in the United States of America or the State of Texas carrying as a regular feature 802507415 - 2 - -456- notices of municipal bonds called for redemption, provided, however, that the failure to send, mail, or receive such notice described in (a) above, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Certificate, and the Ordinance provides that the publication of notice as described in (b) above shall be the only notice actually required in connection with or as a prerequisite to the redemption of any Certificates. All notices of redemption shall (i) specify the date of redemption for the Certificates, (ii) identify the Certificates to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state the Certificates, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Certificates, or the principal amount thereof to be redeemed, shall be made at the designated corporate trust office of the Paying Agent /Registrar only upon presentation and surrender thereof by the registered owner. If a Certificate is subject by its terms to redemption and has been called for redemption and notice of redemption thereof has been duly given or waived as provided in the Ordinance such Certificate (or the principal amount thereof to be redeemed) so called for redemption shall become due and payable, and on the redemption date designated in such notice, interest on said Certificate (or the principal amount thereof to be redeemed) called for redemption shall cease to accrue and such Certificate shall not be deemed to be Outstanding. The Paying Agent/Registrar and the City, so long as a Book- Entry-Only System is used for the Certificates, will mail any notice of redemption, notice of proposed amendment to the Ordinance or other notices with respect to the Certificates only to DTC. Any failure by DTC to advise any DTC participant, or of any DTC participant or indirect participant to notify the beneficial owner, shall not affect the validity of the redemption of the Certificates called for redemption or any other action premised on any such notice. Redemption of portions of the Certificates held by the City will reduce the outstanding principal amount of such Certificates held by DTC. In such event, DTC may implement, through its Book -Entry -Only System, a redemption of such Certificates held for the account of DTC participants in accordance with its rules or other agreements with DTC participants and then DTC participants and indirect participants may implement a redemption of such Certificates from the beneficial owners. Any such selection of Certificates to be redeemed will not be govemed by the Ordinance and will not be conducted by the City or the Paying Agent/Registrar. Neither the City nor the Paying Agent/Registrar will have any responsibility to DTC participants, indirect participants or the persons for whom DTC participants act as nominees, with respect to the payments on the Certificates or the providing of notice to DTC participants, indirect participants, or beneficial owners of the selection of portions of the Certificates for redemption. See "BOOK- ENTRY -ONLY SYSTEM" herein. Defeasance The Ordinance provides for the defeasance of the Certificates when payment of the principal of and premium, if any, on the Certificates, plus interest thereon to the due date thereof (whether such due date be by reason of maturity, redemption, or otherwise) is provided by irrevocably depositing with a paying agent in trust (1) money in an amount sufficient to make such payment and/or (2) Defeasance Securities certified by an independent public accounting firm of national reputation to mature as to principal and interest in such amounts and at such times to insure the availability, without reinvestment, of sufficient money to make such payment, and all necessary and proper fees, compensation and expenses of the paying agent for the respective series of Certificates. The Ordinance provides that "Defeasance Securities" means (1) direct, noncallable obligations of the United States of America, including obligations that are unconditionally guaranteed by the United States of America, (2) noncallable obligations of an agency or instrumentality of the United States of America, including obligations that are 80250741.5 - 3 - -457- unconditionally guaranteed or insured by the agency or instrumentality and that are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, and (3) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. Upon such deposit as described above, such Certificates shall no longer be regarded to be outstanding or unpaid; provided, however, the City has reserved the option, to be exercised at the time of the defeasance of the Certificates, to call for redemption at an earlier date those Certificates which have been defeased to their maturity date, if the City in the proceedings providing for the firm banking and financial arrangements, expressly (i) reserves the right to call the Certificates for redemption, (ii) gives notice of the reservation of that right to the owners of the Certificates immediately following the making of the firm banking and financial arrangements, and (iii) directs that notice of the reservation be included in any redemption notices that it authorizes. Paying Agent/Registrar The principal of the Certificates will be paid to the registered owner at maturity or prior redemption upon presentation to the Paying Agent/Registrar, which initially is The Bank of New York Mellon Trust Company, N.A., at its Designated Trust Office. Interest on the Certificates will be paid to registered owners shown on the records of the Paying Agent/Registrar on the Record Date (see "REGISTRATION - Record Date for Interest Payment" herein), and such interest will be paid by check sent by mail to the address of such registered owner appearing on the registration books of the Paying Agent/Registrar (the "Security Register ") or by such other customary banking arrangements acceptable to the Paying Agent/Registrar requested by, and at the risk and expense of, the registered owner. At the time of delivery of the Certificates, the Dallas, Texas office of the Paying Agent/Registrar is the Designated Trust Office. Successor Paying Agent/Registrar The City reserves the right to replace the Paying Agent/Registrar. If the Paying Agent/Registrar is replaced by the City, the new Paying Agent/Registrar shall accept the previous Paying Agent/Registrar's records and act in the same capacity as the previous Paying Agent/Registrar. Any successor Paying Agent/Registrar selected by the City shall be a bank, a trust company, financial institution, or other entity duly qualified and legally authorized to serve and perform the duties of Paying Agent/Registrar for the Certificates. Upon a change in the Paying Agent /Registrar for the Certificates, the City shall promptly cause a written notice thereof to be sent to each registered owner of the Certificates by United States mail, first -class postage prepaid, which notice shall give the address of the new Paying Agent/Registrar. Transfers and Exchanges So long as any Certificates remain outstanding, the Paying Agent /Registrar shall keep the registration books at the Designated Trust Office in which, subject to such reasonable regulations as it may prescribe, the Paying Agent/Registrar shall provide for the registration and transfer of the Certificates in accordance with the terms of the Ordinance. Each Certificate shall be transferable only upon the presentation and sun-ender thereof at the Designated Trust Office of the Paying Agent/Registrar, duly endorsed for transfer, or accompanied by an assignment duly executed by the owner or his authorized representative in a form satisfactory to the Paying Agent/Registrar. Upon due presentation and surrender of a Certificate for transfer, the Paying Agent/Registrar is required to authenticate and deliver in exchange therefor, under such reasonable regulations as the Paying Agent/Registrar may prescribe, a new Certificate or Certificates, registered in 80250741.5 - 4 - -458- the name of the transferee or transferees, in authorized denominations and of the same maturity, in the principal amount of $5,000 or any integral multiple thereof, and bearing interest at the same rate as the Certificate or Certificates so presented and surrendered. All Certificates shall be exchangeable upon the presentation and surrender thereof at the Designated Trust Office of the Paying Agent/Registrar for a Certificate or Certificates of the same maturity and interest rate and in any authorized denomination, in such aggregate principal amount as discussed above equal to the unpaid principal amount of the Certificate delivered in accordance with the Ordinance and shall be entitled to the benefits and security of the Ordinance to the same extent as the Certificate or Certificates in lieu of which such Certificate is delivered. The Paying Agent/Registrar may require the owner of any Certificate 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 Certificate. Any reasonable standard or customary fee or charge of the Paying Agent/Registrar for a conversion or exchange shall be paid by the one requesting such conversion or exchange, except that the City shall pay such fee or charge in the case of the conversion or exchange of an assigned and transferred Certificate. Security for the Certificates The Certificates are issued pursuant to the Charter and the general laws of the State of Texas, particularly pursuant to the Ordinance adopted by the City Council and the Certificate of Obligation Act. The Certificates are general obligations of the City and ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Certificates, as such interest and principal become due, have been levied and ordered to be levied against all taxable property in the City, and have been pledged for such payment, within the limit prescribed by law. In addition, the Certificates are also secured by and payable from a lien on and pledge of the Surplus Net Revenues of the City's Solid Waste System. The City has outstanding four issues of certificates of obligation (Series 2000, Series 2004, Series 2005, and Series 2006) payable from the same pledge as the Certificates, that are currently outstanding in the aggregate principal amount of $40,555,000. Proceeds from the sale of the Certificates will be used for constructing improvements to the City's landfill, including site development and drainage improvements, and the payment for professional services. See "EFFECT OF THE TAX RATE LIMITATION" and "Appendix A - Ad Valorem Taxes" for further discussion and information relating to ad valorem tax pledges in support of the Certificates. It is anticipated that the Surplus Net Revenues securing the payment of the Certificates will be sufficient to pay the debt service requirements on the Certificates. SOURCES AND USES OF FUNDS The proceeds from the sale of the Certificates will be applied as follows: Sources of Funds Principal Amount of Certificates $ Net Reoffering Premium/Discount Accrued Interest Total Sources of Funds $ Uses of Funds Deposit to the Construction Fund $ Issuance Expenses, Bond Insurance Premium, and Contingency Amount Underwriters' Discount Accrued Interest Total Uses of Funds $ 80250741.5 - 5 - -459- REMEDIES If the City defaults in the payment of principal, interest, or redemption price on the Certificates when due, or the City defaults in the observation or performance of any other covenants, conditions, or obligations set forth in the Ordinance, the registered owners may seek a writ of mandamus to compel the City or City officials to carry out the legally imposed duties with respect to the Certificates if there is no other available remedy at law to compel performance of the Certificates or the Ordinance, and the City's obligations are not uncertain or disputed. The issuance of a writ of mandamus is controlled by equitable principles, so rests with the discretion of the court, but may not be arbitrarily refused. There is no acceleration of maturity of the Certificates in the event of default and, consequently, the remedy of mandamus may have to be relied upon from year to year. The Ordinance does not provide for the appointment of a trustee to represent the interest of the holders of the Certificates upon any failure of the City to perform in accordance with the terms of the Ordinance, or upon any other condition and accordingly all legal actions to enforce such remedies would have to be undertaken at the initiative of, and be financed by, the registered owners. On June 30, 2006, the Texas Supreme Court ruled in Tooke v. City of Mexia, 197 S.W.3rd 325 (Tex. 2006) that a waiver of sovereign immunity in a contractual dispute must be provided for by statute in "clear and unambiguous" language. Because it is unclear whether the Texas legislature has effectively waived the City's sovereign immunity from a suit for money damages, holders of the Certificates may not be able to bring such a suit against the City for breach of the Certificates or covenants contained in the Ordinances. Even if a judgment against the City could be obtained, it could not be enforced by direct levy and execution against the City's property. The City is eligible to seek relief from its creditors under Chapter 9 of the U.S. Bankruptcy Code ( "Chapter 9 "). Although Chapter 9 provides for the recognition of a security interest represented by a specifically pledged source of revenues, such provision is subject to judicial construction. Chapter 9 also includes an automatic stay provision that would prohibit, without Bankruptcy Court approval, the prosecution of any other legal action by creditors or holders of the Certificates of an entity which has sought protection under Chapter 9. Therefore, should the City avail itself of Chapter 9 protection from creditors, the ability to enforce would be subject to the approval of the Bankruptcy Court (which could require that the action be heard in Bankruptcy Court instead of other federal or state court); and the Bankruptcy Code provides for broad discretionary powers of a Bankruptcy Court in administering any proceeding brought before it. The opinion of Bond Counsel will note that all opinions relative to the enforceability of the Certificates are qualified with respect to the customary rights of debtors relative to their creditors. BOND INSURANCE The City has made application to municipal bond insurance companies to have the payment of the principal of and interest on the Certificates insured by a municipal bond insurance policy. The City shall notify potential purchasers should the City obtain a commitment from a bond insurance company concerning this matter. The Final Official Statement shall disclose, to the extent necessary, any relevant information relating to this municipal bond insurance policy.. REGISTRATION Future Registration In the event the Book - Entry-Only System should be discontinued, the Certificates may be transferred, exchanged and assigned on the registration books of the Paying Agent/Registrar, only upon presentation and surrender thereof the Paying Agent/Registrar and such transfer or exchange of the Certificates shall be without expense or service charge to the owner, except for any tax or other governmental charges 80250741.5 - 6 - -460- required to be paid with respect to such registration and transfer. A Certificate may be assigned by the execution of an assignment form on the Certificate or by other instrument of' transfer and assignment acceptable to the Paying Agent/Registrar. A new Certificate or Certificates will be delivered by the Paying Agent/Registrar in lieu of the Certificates being transferred or exchanged at the corporate trust office of the Paying Agent/Registrar, or sent by United States mail, first -class postage prepaid, to the new registered owner or his assignee. To the extent possible, new Certificates issued in an exchange or transfer of Certificates will be delivered to the contracting party or assignee of the owner in not more than three (3) business days after the receipt of the Certificates to be canceled in the exchange or transfer and the written instrument of transfer or request for exchange duly executed by the owner or his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. New Certificates registered and delivered in an exchange or transfer shall be in denominations of $5,000 for any one maturity or any integral multiple thereof and for a like aggregate principal amount of the Certificate or Certificates surrendered for exchange or transfer. See "BOOK- ENTRY -ONLY SYSTEM" herein for a description of the system to be utilized initially in regard to ownership and transferability of the Certificates. Record Date for Interest Payment The record date ( "Record Date ") for interest payable to the registered owner of a Certificate on any interest payment date is the fifteenth calendar day of the preceding month, as specified in the Ordinance. In the event of a nonpayment of interest on a scheduled payment date, and for thirty days thereafter, a new record date for such interest payment (a "Special Record Date ") will be established by the Paying Agent /Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be fifteen days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first -class postage prepaid, to the address of each holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. Limitation on Transfer of Certificates Neither the City nor the Paying Agent/Registrar shall be required (I) to make any transfer or exchange during a period beginning at the opening of business 30 days before the day of the first mailing of a notice of redemption of Certificates and ending at the close of business on the day of such mailing, or (2) to transfer or exchange any Certificates so selected for redemption when such redemption is scheduled to occur within 30 calendar days. Replacement Certificates The City has agreed to replace mutilated, destroyed, lost, or stolen Certificates upon surrender of the mutilated Certificates to the Paying Agent/Registrar, or receipt of satisfactory evidence of such destruction, loss, or theft, and receipt by the City and Paying Agent/Registrar of security or indemnity as may be required by either of them to hold them harmless. The City may require payment of taxes, governmental charges, and other expenses in connection with any such replacement. BOOK- ENTRY -ONLY SYSTEM This section describes how ownership of the Certificates is to be transferred and how the principal of, premium, if any, and interest on the Certificates are to be paid to and credited by The Depository Trust Company ( "DTC "), New York, New York, while the Certificates are registered in its nominee name. The information in this section concerning DTC and the Book Entry Only System has been provided by DTC 80250741.5 - 7 - -461- for use in disclosure documents such as this Official Statement. The City believes the source of such information to be reliable, but takes no responsibility for the accuracy or completeness thereof. The City cannot and does not give any assurance that (1) DTC will distribute payments of debt service on the Certificates, or redemption or other notices, to DTC Participants, (2) DTC Participants or others will distribute debt service payments paid to DTC or its nominee (as the registered owner of the Certificates), or redemption or other notices, to the Beneficial Owners, or that they will do so on a timely basis, or (3) DTC will serve and act in the manner described in this Official Statement. The current rules applicable to DTC are on file with the Securities and Exchange Commission, and the current procedures of DTC to be followed in dealing with DTC Participants are on file with DTC. DTC will act as securities depository for the Certificates. The Certificates will be issued as fully registered securities registered in the name of Cede & Co. (DTC's partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully registered security certificate will be issued for each maturity of the Certificates, in the aggregate principal amount or Maturity Value, as applicable, of each maturity of such issue, and will be deposited with DTC. General DTC, the world's largest securities depository, is a limited - purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 3.5 million issues of U.S. and non -U.S. equity issues, corporate and municipal debt issues, and money market instruments from over 100 countries that DTC's participants ( "Direct Participants ") deposit with DTC. DTC also facilitates the post -trade settlement among Direct Participants of sales and other securities transactions in deposited securities, through electronic computerized book -entry transfers and pledges between Direct Participants' accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non -U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly -owned subsidiary of The Depository Trust & Clearing Corporation ( "DTCC "). DTCC is the holding company for DTC, National Securities Clearing Corporation and Fixed Income Clearing Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such as both U.S. and non -U.S. securities brokers and dealers, banks, trust companies, and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ( "Indirect Participants "). DTC has Standard & Poor's highest rating: AAA. The DTC Rules applicable to its Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com and www.dtc.org. To facilitate subsequent transfers, all Certificates deposited by Direct Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of Certificates with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Certificates; DTC's records reflect only the identity of the Direct Participants to whose accounts such Certificates are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers. Purchases of Certificates under the DTC system must be made by or through Direct Participants, which will receive a credit for the Certificates on DTC's records. The ownership interest of each actual 8025074 .5 - 8 - -462- purchaser of each Certificate ("Beneficial Owner ") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Certificates are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in Certificates, except in the event that use of the book -entry system for the Certificates is discontinued. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Redemption notices will be sent to DTC. If less than all of the Certificates within a maturity are being redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in such maturity to be redeemed. Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to Certificates unless authorized by a Direct Participant in accordance with DTC's procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the City as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts Certificates are credited on the record date (identified in a listing attached to the Omnibus Proxy). Redemption proceeds, principal, and interest payments on the Certificates will be made to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC. DTC's practice is to credit Direct Participants' accounts upon DTC's receipt of funds and corresponding detail information from the City or the Paying Agent/Registrar, on payment date in accordance with their respective holdings shown on DTC's records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name ", and will be the responsibility of such Participant and not of DTC, the Paying Agent/Registrar, or the City, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of redemption proceeds, principal, and interest payments to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the City or the Paying Agent/Registrar, disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants. DTC may discontinue providing its services as depository with respect to the Certificates at any time by giving reasonable notice to the City or the Paying Agent/Registrar. Under such circumstances, in the event that a successor depository is not obtained, security certificates are required to be printed and delivered. The City may decide to discontinue use of the system of book -entry transfers through DTC (or a successor securities depository). In that event, security certificates will be printed and delivered. The information in this section concerning DTC and DTC's book -entry system has been obtained from DTC, but the City takes no responsibility for the accuracy thereof. Use of Certain Terms in Other Sections of this Official Statement In reading this Official Statement it should be understood that while the Certificates are in the Book - Entry -Only System, references in other sections of this Official Statement to registered owners should be 80250741.5 - 9 - -463- read to include the person for which the Direct or Indirect Participant acquires an interest in the Certificates, but (i) all rights of ownership must be exercised through DTC and the Book -Entry-Only System, and (ii) except as described above, payment or notices that are to be given to registered owners under the Ordinance will be given only to DTC. AUTHORIZED BUT UNISSUED AD VALOREM TAX SUPPORTED BONDS The City voters, at an election held on November 2, 2004, authorized an aggregate amount of $95,000,000 to finance various permanent improvements throughout the City. Date Authorized Authorization Amount Previously Issued Amount Unissued November 2, 2004 $95,000,000 $95,000,000 $0 The City plans to call a bond election for November 4, 2008 in the principal amount of $153,000,000. EFFECT OF THE TAX RATE LIMITATION As discussed more specifically elsewhere in this Official Statement, two amendments to the Charter affect management of the City's financial affairs. In 1984, an election was held at which an amendment to the Charter established a 68 cent per $100 tax rate for all purposes (the City would otherwise be permitted by State law to have a tax rate of up to $2.50 per $100 of assessed valuation). In 1993, an election was held at which the citizens of Corpus Christi voted to amend the Charter to provide for the tax rate to increase up to the State limit for voter approved debt authorized after April 4, 1993. In 2001 the City issued $30,800,000 of general obligation bonds to finance various projects that were approved by the citizens of Corpus Christi at an election held on November 7, 2000 and are not subject to the 68 cent tax rate limit. A portion of those bonds were refunded with proceeds of the City's General Improvement and Refunding Bonds, Series 2005, and such Bonds attributable to such refunding are not subject to the 68 cent tax rate limit. The general obligation bonds described under "AUTHORIZED BUT UNISSUED AD VALOREM TAX SUPPORTED BONDS" are not subject to the 68 cent tax rate limit. The remaining outstanding tax supported debt, and any currently outstanding certificates of obligation (including the Certificates) are subject to the 68 cent tax rate limit, which is also applicable to the City's operation and maintenance expenditures. The Certificates are subject to the 68 cent tax rate limit. See "THE CERTIFICATES - Security for the Certificates" herein. The City has adopted by election under the Texas Tax Code a $50,000 homestead exemption for disabled taxpayers and for taxpayers over the age of 65. Further, on November 2, 2004, voters of the City, in addition to approving the issuance of $95,000,000 in general obligation debt, secured by the ad valorem taxes of the City, approved freezing the ad valorem taxes for citizens 65 or older, or disabled, and their spouses on homesteads owned thereby. The City has not determined the effect the imposition of the tax freeze may have on the ability of the City to maintain the current level of operations at the City or the ability of the City to finance future capital improvements through the issuance of debt secured in whole or in part by a pledge of ad valorem taxes. The bonds issued or to be issued under authority of the 2004 election are not subject to the 68 cent tax rate limit. These provisions affect the City's budgeting and capital improvement program planning functions. In part, as a response to the tax rate limit, the City has maintained its tax rate within a range of 59¢ to 64.4¢ over the last ten fiscal years. The current tax rate is 56.4¢. The ability to continue to issue the debt necessary to add additional City improvements and to provide other current services within the tax rate limit will depend in part on the growth in the City's ad valorem and sales tax bases over the coming years as well as the ability of City management to continue to provide efficient City services. 80250741.5 - 10- -464- DEBT INFORMATION Payment Record The City has not defaulted in the payment of the principal of, or interest on, its tax debt obligations within the last sixty-five years nor has the City issued any refunding securities for the purpose of preventing a default in the payment of the principal of, or interest on, its tax debt obligations within this period. Authority for Issuance of Debt; Limitations The City is authorized to issue ad valorem tax supported general improvement bonds. A majority vote of the qualified voters is ordinarily required to authorize the issuance of ad valorem tax supported bonds for general improvements. Notes, including bond anticipation notes and commercial paper notes, also may be authorized by a majority vote of the qualified voters in connection with the approval of ad valorem tax supported general improvement bonds. The City is also empowered to issue ad valorem tax supported certificates of obligation, including the Certificates, for a variety of purposes including purchasing an existing utility and for paying any contractual obligation incurred in the construction of public works or the purchase of land, materials and other supplies or services for the City's needs. Such certificates of obligation may be refunded by tax supported bonds. In addition, the City may issue certificates of obligation with a pledge of both taxes and revenues provided the City otherwise has the right to pledge the revenues involved. The issuance of certificates of obligation does not require voter approval except under certain circumstances. The City may also issue ad valorem tax supported contractual obligations without right of referendum for the purpose of acquiring personal property. The City is also authorized to issue revenue bonds for certain purposes. The authorized purposes include the financing of the water system, wastewater disposal system, gas system, solid waste system, transportation system, civic center, airport and parks. Revenue bond indebtedness is not considered in determining the legal debt margin for ad valorem tax supported bonds. INVESTMENT POLICY Available City funds are invested as authorized by Texas law and in accordance with investment policies approved by the City Council. Both State law and the City's investment policies are subject to change. Legal Investments. Under Texas law, the City is authorized to invest in (1) obligations, including letters of credit, of the United States or its agencies and instrumentalities, (2) direct obligations of the State of Texas or its agencies and instrumentalities, (3) collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States, the underlying security for which is guaranteed by an agency or instrumentality of the United States, (4) other obligations, the principal of and interest on which are unconditionally guaranteed or insured by, or backed by the full faith and credit of the State of Texas or the United States or their respective agencies and instrumentalities, (5) obligations of states, agencies, counties, cities, and other political subdivisions or any state rated as to investment quality by a nationally recognized investment rating firm not Tess than A or its equivalent, (6) certificates of deposit meeting the requirements of Chapter 2256, Texas Government Code (the "Public Funds Investment Act ") that are issued by an institution that has its main office or a branch office in the State of Texas and are guaranteed or insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, or are secured as to principal by obligations described in clauses (1) through (5) and clause (13) or in any other manner and amount provided by law for City deposits, (7) fully collateralized repurchase agreements that have a defined termination date, are fully secured by obligations described in clause (1) and deposited at the time the investment is made with the City or with a third party selected and 80250741.5 -465- approved by the City, and are placed through a primary government securities dealer or a financial institution doing business in the State of Texas, (8) bankers' acceptances with the remaining term of 270 days or less, if the short-term obligations of the accepting bank or its parent are rated at least A -1 or P -1 or the equivalent by at least one nationally recognized credit rating agency, (9) commercial paper that is rated at least A -1 or P -1 or the equivalent by either (a) two nationally recognized credit rating agencies or (b) one nationally recognized credit rating agency if the paper is fully secured by an irrevocable letter of credit issued by a U.S. or state bank, (10) no -load money market mutual funds registered with and regulated by the Securities and Exchange Commission that have a dollar weighted average portfolio maturity of 90 days or less and include in their investment objectives the maintenance of a stable net asset value of $1 for each share, (11) no-load mutual fund registered with the Securities and Exchange Commission that: have an average weighted maturity of less than two years; invest exclusively in obligations described in the preceding clauses and clause (13), and are continuously rated as to investment quality by at least one nationally recognized investment rating firm of not less than AAA or its equivalent, (12) public funds investment pools that have an advisory board which includes participants in the pool and are continuously rated as to investment quality by at least one nationally recognized investment rating firm of not less than AAA or its equivalent or no lower than investment grade with a weighted average maturity no greater than 90 days, and (13) bonds issued, assumed or guaranteed by the State of Israel. Texas law also permits the City to invest bond proceeds in a guaranteed investment contract subject to the limitations set forth in the Public Funds Investment Act. Entities such as the City may enter into securities lending programs if (i) the securities loaned under the program are 100% collateralized, a loan made under the program allows for termination at any time and a loan made under the program is either secured by (a) obligations that are described in clauses (1) through (5) and clause (13) above, (b) irrevocable letters of credit issued by a state or national bank that is continuously rated by a nationally recognized investment rating firm at not less than A or its equivalent or (c) cash invested in obligations described in clauses (I) through (5) and clause (13) above, clauses (9) through (11) above, or an authorized investment pool; (ii) securities held as collateral under a loan are pledged to such investing entity or a third party designated such investing entity; (iii) a loan made under the program is placed through either a primary government securities dealer or a financial institution doing business in the State of Texas; and (iv) the agreement to lend securities has a term of one year or less. The City may invest in such obligations directly or through government investment pools that invest solely in such obligations provided that the pools are rated no lower than AAA or AAAm or an equivalent by at least one nationally recognized rating service. The City is specifically prohibited from investing in: (1) obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage- backed security collateral and pays no principal; (2) obligations whose payment represents the principal stream of cash flow from the underlying mortgage- backed security and bears no interest; (3) collateralized mortgage obligations that have a stated final maturity of greater than 10 years; and (4) collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. Investment Policies. Under Texas law, the City is required to invest its funds in accordance under written investment policies that primarily emphasize safety of principal and liquidity; that address investment diversification, yield, maturity, and the quality and capability of investment management; and that includes a list of authorized investments for City funds, maximum allowable stated maturity of any individual investment and the maximum average dollar - weighted maturity allowed for pool fund groups. All City funds must be invested consistent with a formally adopted "Investment Strategy Statement" that specifically addresses each funds' investment. Each Investment Strategy Statement will describe its objectives concerning: (1) suitability of investment type, (2) preservation and safety of principal, (3) liquidity, (4) marketability of each investment, (5) diversification of the portfolio, and (6) yield. 80250741.5 - 12 - -466- Under Texas law, City investments must be made "with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived." At least quarterly the investment officers of the City must submit to the City Council an investment report detailing (1) the investment position of the City, (2) that all investment officers jointly prepared and signed the report, (3) the beginning market value, any additions and changes to market value and the ending value of each pooled fund group, (4) the book value and market value of each separately listed asset at the beginning and end of the reporting period, (5) the maturity date of each separately invested asset, (6) the account or fund or pooled fund group for which each individual investment was acquired, and (7) the compliance of the investment portfolio as it relates to (a) adopted investment strategy statements and (b) state law. No person may invest City funds without express written authority from the City Council. Additional Provisions. Under Texas law the City is additionally required to (I) annually review its adopted policies and strategies, (2) require any investment officers' with personal business relationships or relative with firms seeking to sell securities to the entity to disclose the relationship and file a statement with the Texas Ethics Commission and the City Council, (3) require the registered principal of firms seeking to sell securities to the City to (a) receive and review the City's investment policy, (b) acknowledge that reasonable controls and procedures have been implemented to preclude imprudent investment activities, and (c) deliver a written statement attesting to these requirements, (4) perform an annual audit of the management controls on investments and adherence to the City's investment policy, (5) provide specific investment training for the Treasurer, Chief Financial Officer and investment officers, (6) restrict reverse repurchase agreements to not more than 90 days and restrict the investments of reverse repurchase agreement funds to no greater than the term of the reverse repurchase agreement, (7) restrict the investment in non -money market mutual funds of any portion of bond proceeds, reserves and funds held for debt service and to no more than 15% of the entity's monthly average fund balance, excluding bond proceeds and reserves and other funds held for debt service, and (8) require local government investment pools to conform to the new disclosure, rating, net asset value, yield calculation, and advisory board requirements. City policies require investments in accordance with applicable state law. All investments which are authorized by State statute, with the exception of bankers' acceptances, commercial paper, collateralized mortgage obligations, reverse repurchase agreements, no -load money market mutual funds, no -load mutual funds, and bonds issued, assumed or guaranteed by the State of Israel, are acceptable for investment purposes under the City's Statement of Investment Policy. The City generally invests in obligations of the United States or its agencies and instrumentalities. Under Texas law, the City may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b -1 et seq.) or with the State Securities Board to provide for the investment and management of its public funds or other funds under its control for a term up to two years, but the City retains ultimate responsibility as fiduciary of its assets. In order to renew or extend such a contract, the City must do so by order, ordinance or resolution. The City has not contracted with, and has no present intention of contracting with, any such investment management firm or the State Securities Board to provide such services. 80250741 5 - 13 - -467- Current investments. As of July 31, 2008, the following percentages by investment type applied to the City's investable funds, which had an aggregate par value of $282,556,882.65, a market value of $282,283,158.56 and a book value of $282,561,452.09. Par Value: Money Market Local Govt. Inv. Pool Bank Certificate of Deposit U. S. Agencies Total Market Value Book Value Market to Book Ratio Weighted Average Maturity Portfolio by Account Type (Par Value) Money Market Local Govt. Inv. Pool Bank Certificate of Deposit U.S. Agencies Total City Portfolio $8,588,317.47 53,111,485.64 20,457,079.54 200.400.000.00 5 282 556_882 65 $ 282,283,158.56 282,561,452.09 99.90% 264 days 3.04% 18.80% 7.24% 70.92% 100% As of such date, the market value of such investments (as determined by the City by reference to published quotations, dealer bids, and comparable information) was approximately 100% of book value. No funds of the City are invested in derivative securities, i.e., securities whose rate of return is determined by reference to some other instrument, index, or commodity. PAYROLL STATISTICS Fiscal Year Salaries 1997 -98 $96,621,593 1998 -99 101,889,392 1999 -00 102,242,291 2000 -01 100,927,146 2001 -02 105,312,317 2002 -03 112,071,665 2003 -04 121,245,107 2004 -05 120,616,280 2005 -06 124,601,361 2006 -07 127,318,989 (2)2007 -08 133,145,260 Social Security and Medicare $5,990,993 6,149,968 6,241,322 6,064,690 6,418,618 6,818,824 7,370,874 7,350,960 5,903,267 7,603,602 7,991,390 (I) This includes full time and summer employees. (2) Unaudited. 802507413 Texas Fireman's Municipal Relief and Ret. System Retirement $8,805,861 $1,942,873 9,019,103 2,248,927 9,026,902 2,171,942 8,686,111 2,223,410 9,826,228 2,300,476 10,241,750 2,423,671 11,386,987 2,673,855 12,827,988 2,482,092 13,853,273 2,795,774 14,372,192 3,040,260 15,603,377 3,575,262 - 14 - -468- Total Paid by City as Employer 5113,361,320 119,307,390 119,682,457 117,901,357 123,857,639 131,555,910 143,176,822 143,277,320 147,153,675 152,335,043 160,315,289 Number of Employees Last Payday of Fiscal Year(1) 3,584 3,276 3,277 3,278 3,264 3,264 3,317 3,126 3,183 3,217 3,309 Retirement Systems The City participates in funding two retirement plans: (1) all City employees, except firefighters, are provided benefits through a non - institutional, joint contributory, defined benefit plan in the state -wide Texas Municipal Retirement System (TMRS), one of 821 administered by TMRS, an agent multiple - employer public employee retirement system and (2) all firefighters are covered by the Fire Fighters Retirement System of Corpus Christi, a single - employer defined benefit pension plan, both of which are described in Note 9 (Notes to Financial Statements) and Employment Retirement Benefits - Analysis of Funding Progress (Required Supplementary Information) set forth in Appendix C. Other Post - Employment Benefits [UPDATE] The City currently provides certain post - employment benefits to its employees, as described in Notes 9 and 10 (Notes to the Financial Statements) set forth in Appendix C. The City intends to comply with the requirements of GASB No. 43 and 45, with respect to the reporting of post - employment benefits, in accordance with the timelines set forth in GASB No. 43 and 45. As of the date of this Official Statement, the City has retained the services of Mercer, Oliver, Wyman Actuarial Consulting Inc., an actuarial firm to prepare the calculations required under GASB No. 43 and 45. Collective Bargaining Agreements Under State law, municipal firefighters and police officers may form collective bargaining groups which may negotiate employment contracts on behalf of members of such groups. However, State law forbids such groups from participating in strikes or other work stoppages. The City's firemen and police are organized in collective bargaining groups and currently are working under a negotiated employment agreement with the City. No other City employees are similarly organized for employment term negotiations. ANNEXATION PROGRAM Background The City has continued to expand its jurisdiction, and thus increase its obligation to provide services and, correspondingly its tax base, by annexing selected adjacent areas. The City may annex additional territory adjoining or lying adjacent to the City by ordinance. The total area of the City is approximately 498 square miles, of which approximately 161 square miles is land area and 337 square miles water area. The areas covered by water require no normal City Services, but do produce considerable revenues from oil and gas properties located therein and allow the City to enforce ordinances regarding uses in the areas. The City has had numerous annexations since its beginning. Significant annexations occurred in 1950 when 92 square miles of water area in Corpus Christi and Nueces Bay were annexed, in 1962 when 48 square miles of land west and south of the City were annexed, in 1966 when 31 square miles of water area in Corpus Christi Bay were annexed and in 1970 when 63 square miles of water area in Corpus Christi Bay and Laguna Madre were annexed. However, four oil companies which owned leases included in the 1970 annexation of bay water areas contended the annexation was not legal. The matter ended up in court and was settled in favor of the City. In December, 1972 an election to re -affirm the annexation of November, 1970 was held and carried. On November 18, 1981, the City annexed approximately 3,171 acres (4.95 square miles) of land in addition to fringe area development made up of commercial, industrial and residential subdivisions. On August 9, 1986 an election was defeated to annex more than 60 square miles of Padre and Mustang Islands. The City has already annexed the developed areas of Padre Island bounded by Laguna Madre, Packery Channel, the Gulf of Mexico and the Southern boundary of Nueces County. Through a 80250741.5 - 15 - -469- referendum on April 11, 1989, the City annexed approximately 2,527 acres (3.95 square miles) of land. Changes in the City's Charter have simplified the method by which a municipality may annex land. Under the Charter revisions: "The City shall have the power by ordinance to fix the boundary limits of the city and to provide for the alteration and extension of the boundary limits." From 1990 thru 1995, the City annexed 9,988 acres (approximately 4.95 square miles) of land primarily located south of SPID and east of Staples Street. From 1996 thru 1998, the amount of land annexed by the City was minimal as only 32 acres or .05 square miles of land area was annexed. In 1999, the City initiated annexations for lands adjacent to the northwest portion of the City, and on Mustang and Padre Islands located along the eastern edge of the City. On December 21, 1999, 4,852 acres or 7.58 square miles was annexed into the City. As part of a major annexation program in 2001, the City annexed a total of 15,786 acres (24.7 square miles) effective December 31, 2001. On April 17, 2002 the City annexed 678.39 acres (1.06 square miles) of land. Several existing major resorts and condominiums on Mustang/North Padre Islands were included as part of the areas annexed, resulting in a significant increase in hotel tax revenue collected by the City. Source: City Geographic Information System. Any differences in acreage between the historically adopting annexation ordinance and the annexation figures provided are attributed to the modern methods used by the City's Geographic Information System. These methods include gps (global satellite positioning system), aerial photography, property records, etc. LITIGATION The City is a defendant in various tort claims and lawsuits involving general liability, automobile liability, civil rights actions, and various contractual matters. In the opinion of the City's management and the City Attorney's office, the outcome of the pending litigation will not have a material adverse effect on the City's financial position or operations. Upon the delivery of the Certificates, the City will certify that no litigation of any nature has been filed or is then pending to restrain the issuance and delivery of the Certificates or which would affect the provisions made for their payment or security or in any manner question the validity thereof. GASB 34 STATEMENT In June 1999, the Governmental Accounting Standards Board ( "GASB ") issued Statement No. 34, "Basic . Financial Statements - and Management's Discussion and Analysis - for State and Local Govemments" ( "GASB 34 "). The objective of GASB 34 is to enhance the clarity and usefulness of the general - purpose external financial reports of state and local govemments to its citizenry, legislature and oversight bodies, and investors and creditors. The City implemented GASB 34 beginning with its fiscal year ending July 31, 2002. While adoption of GASB 34 altered the presentation of the City's financial information, City management believes that the adoption of GASB 34 did not have any material adverse impact on the City's financial position, results of operation, or cash flows. LEGAL MATTERS The City will furnish the Underwriters with a complete transcript of proceedings incident to the authorization and issuance of the Certificates, including the unqualified approving legal opinion of the Attorney General of the State of Texas to the effect that the Certificates are valid and legally binding obligations of the City, and based upon examination of such transcript of proceedings, the approval of certain legal matters by Bond Counsel, to the effect that the Certificates, issued in compliance with the provisions of the Ordinance, are valid and legally binding obligations of the City and, subject to the qualifications set forth herein under "TAX MATTERS ", the interest on the Certificates is exempt from federal income taxation under existing statutes, published rulings, regulations, and court decisions. In its 80250741.5 -16- -470- capacity as Bond Counsel, McCall, Parkhurst & Horton L.L.P., Dallas, Texas has reviewed the information under the captions "THE CERTIFICATES ", "TAX MATTERS ", "LEGAL INVESTMENTS AND ELIGIBILITY TO SECURE PUBLIC FUNDS IN TEXAS ", "CONTINUING DISCLOSURE OF INFORMATION" (except under the subheading "Compliance with Prior Undertakings" as to which no opinion is expressed), and "REGISTRATION AND QUALIFICATION OF CERTIFICATES FOR SALE" in the Official Statement and such firm is of the opinion that the information relating to the Certificates and the Ordinance contained under such captions is a fair and accurate summary of the information purported to be shown and that the information and descriptions contained under such captions relating to the provisions of applicable state and federal laws are correct as to matters of law. The customary closing papers, including a certificate to the effect that no litigation of any nature has been filed or is then pending to restrain the issuance and delivery of the Certificates or which would affect the provisions made for their payment or security, or in any manner questioning the validity of the Certificates will also be furnished. The legal fees to be paid Bond Counsel for services rendered in connection with the issuance of Certificates are contingent on the sale and delivery of the Certificates. In connection with the transactions described in the Official Statement, Bond Counsel has been engaged by and represents only the City. The legal opinion of Bond Counsel will accompany the obligations deposited with DTC or will be printed on the definitive obligations in the event of the discontinuance of the Book - Entry -Only System. Certain legal matters will be passed upon for the City by the City Attorney and for the Underwriters by Fulbright & Jaworski L.L.P., San Antonio, Texas. The various legal opinions to be delivered concurrently with the delivery of the Certificates express the professional judgment of the attorneys rendering the opinions as to the legal issues explicitly addressed therein. In rendering a legal opinion, the attorney does not become an insurer or guarantor of the expression of professional judgment, of the transaction opined upon, or of the future performance of the parties to the transaction, nor does the rendering of an opinion guarantee the outcome of any legal dispute that may arise out of the transaction. TAX MATTERS Opinion On the date of initial .delivery of the Certificates, McCall, Parkhurst & Horton L.L.P., Dallas, Texas, Bond Counsel, will render its opinion that, in accordance with statutes, regulations, published rulings and court decisions existing on the date thereof ( "Existing Law "), (1) interest on the Certificates for federal income tax purposes will be excludable from the "gross income" of the holders thereof and (2) the Certificates will not be treated as "specified private activity bonds ", the interest on which would be included as an alternative minimum tax preference item under section 57(a)(5) of the Internal Revenue Code of 1986 (the "Code "). Except as stated above, Bond Counsel will express no opinion as to any other federal, state or local tax consequences of the purchase, ownership or disposition of the Certificates. See Appendix D -- Form of Opinion of Bond Counsel. In rendering its opinion, Bond Counsel will rely upon (a) certain information and representations of the City, including information and representations contained in the City's federal tax certificate and (b) covenants of the City contained in the Certificate documents relating to certain matters, including arbitrage and the use of the proceeds of the Certificates and the property financed or refinanced therewith. Although it is expected that the Certificates will qualify as tax - exempt obligations for federal income tax purposes as of the date of issuance, the tax - exempt status of the Certificates could be affected by future events. However, future events beyond the control of the City, as well as the failure to observe the aforementioned representations or covenants, could cause the interest on the Certificates to become taxable retroactively to the date of issuance. 80250741.5 - 17 - -471- The Code and the regulations promulgated thereunder contain a number of requirements that must be satisfied subsequent to the issuance of the Certificates in order for the interest on the Certificates to be, and to remain, excludable from gross income for federal income tax purposes. Failure to comply with such requirements may cause interest on the Certificates to be included in gross income retroactively to the date of issuance of the Certificates. The opinion of Bond Counsel is conditioned on compliance by the City with such requirements, and Bond Counsel has not been retained to monitor compliance with these requirements subsequent to the issuance of the Certificates. Bond Counsel's opinion represents its legal judgment based upon its review of Existing Law and the reliance on the aforementioned information, representations and covenants. Bond Counsel's opinion is not a guarantee of a result. Existing Law is subject to change by the Congress and to subsequent judicial and administrative interpretation by the courts and the Department of the Treasury. There can be no assurance that Existing Law or the interpretation thereof will not be changed in a manner which would adversely affect the tax treatment of the purchase, ownership or disposition of the Certificates. A ruling was not sought from the Internal Revenue Service by the City with respect to the Certificates or the property financed or refinanced with the proceeds of the Certificates. No assurances can be given as to whether or not the Internal Revenue Service will commence an audit of the Certificates, or as to whether the Internal Revenue Service would agree with the opinion of Bond Counsel. If an audit is commenced, under current procedures the Internal Revenue Service is likely to treat the City as the taxpayer and the Certificateholders may have no right to participate in such procedure. No additional interest will be paid upon any determination of taxability. Federal Income Tax Accounting Treatment of Original Issue Discount The initial public offering price to be paid for one or more maturities of the Certificates may be less than the principal amount thereof or one or more periods for the payment of interest on the bonds may not be equal to the accrual period or be in excess of one year (the "Original Issue Discount Certificates "). In such event, the difference between (i) the "stated redemption price at maturity" of each Original Issue Discount Certificate, and (ii) the initial offering price to the public of such Original Issue Discount Certificate would constitute original issue discount. The "stated redemption price at maturity" means the sum of all payments to be made on the Certificates less the amount of all periodic interest payments. Periodic interest payments are payments which are made during equal accrual periods (or during any unequal period if it is the initial or final period) and which are made during accrual periods which do not exceed one year. Under Existing Law, any owner who has purchased such Original Issue Discount Certificate in the initial public offering is entitled to exclude from gross income (as defined in section 61 of the Code) an amount of income with respect to such Original Issue Discount Certificate equal to that portion of the amount of such original issue discount allocable to the accrual period. For a discussion of certain collateral federal tax consequences, see discussion set forth below. In the event of the redemption, sale or other taxable disposition of such Original Issue Discount Certificate prior to stated maturity, however, the amount realized by such owner in excess of the basis of such Original Issue Discount Certificate in the hands of such owner (adjusted upward by the portion of the original issue discount allocable to the period for which such Original Issue Discount Certificate was held by such initial owner) is includable in gross income. Under Existing Law, the original issue discount on each Original Issue Discount Certificate is accrued daily to the stated maturity thereof (in amounts calculated as described below for each six -month period ending on the date before the semiannual anniversary dates of the date of the Certificates and ratably within each such six -month period) and the accrued amount is added to an initial owner's basis for such Original Issue Discount Certificate for purposes of determining the amount of gain or loss recognized by 80250741.5 - 1 8 - -472- such owner upon the redemption, sale or other disposition thereof. The amount to be added to basis for each accrual period is equal to (a) the sum of the issue price and the amount of original issue discount accrued in prior periods multiplied by the yield to stated maturity (determined on the basis of compounding at the close of each accrual period and properly adjusted for the length of the accrual period) less (b) the amounts payable as current interest during such accrual period on such Original Issue Discount Certificate. The federal income tax consequences of the purchase, ownership, redemption, sale or other disposition of Original Issue Discount Certificates which are not purchased in the initial offering at the initial offering price may be determined according to rules which differ from those described above. All owners of Original Issue Discount Certificates should consult their own tax advisors with respect to the determination for federal, state and local income tax purposes of the treatment of interest accrued upon redemption, sale or other disposition of such Original Issue Discount Certificates and with respect to the federal, state, local and foreign tax consequences of the purchase, ownership, redemption, sale or other disposition of such Original Issue Discount Certificates. Collateral Federal Income Tax Consequences The following discussion is a summary of certain collateral federal income tax consequences resulting from the purchase, ownership or disposition of the Certificates. This discussion is based on Existing Law, which is subject to change or modification, retroactively. The following discussion is applicable to investors, other than those who are subject to special provisions of the Code, such as financial institutions, property and casualty insurance companies, life insurance companies, individual recipients of Social Security or Railroad Retirement benefits, individuals allowed an earned income credit, certain S corporations with accumulated earnings and profits and excess passive investment income, foreign corporations subject to the branch profits tax and taxpayers who may be deemed to have incurred or continued indebtedness to purchase tax- exempt obligations. THE DISCUSSION CONTAINED HEREIN MAY NOT BE EXHAUSTIVE. INVESTORS, INCLUDING THOSE WHO ARE SUBJECT TO SPECIAL PROVISIONS OF THE CODE, SHOULD CONSULT THEIR OWN TAX ADVISORS AS TO THE TAX TREATMENT WHICH MAY BE ANTICIPATED TO RESULT FROM THE PURCHASE, OWNERSHIP AND DISPOSITION OF TAX - EXEMPT OBLIGATIONS BEFORE DETERMINING WHETHER TO PURCHASE THE CERTIFICATES. Interest on the Certificates will be includable as an adjustment for "adjusted current earnings" to calculate the alternative minimum tax imposed on corporations by section 55 of the Code. Section 55 of the Code imposes a tax equal to 20 percent for corporations, or 26 percent for noncorporate taxpayers (28 percent for taxable income exceeding $175,000), of the taxpayer's "alternative minimum taxable income," if the amount of such alternative minimum tax is greater than the taxpayer's regular income tax for the taxable year. Under section 6012 of the Code, holders of tax- exempt obligations, such as the Certificates, may be required to disclose interest received or accrued during each taxable year on their returns of federal income taxation. Section 1276 of the Code provides for ordinary income tax treatment of gain recognized upon the disposition of a tax - exempt obligation, such as the Certificates, if such obligation was acquired at a "market discount" and if the fixed maturity of such obligation is equal to, or exceeds, one year from the date of issue. Such treatment applies to "market discount bonds" to the extent such gain does not exceed the accrued market discount of such bonds; although for this purpose, a de minimis amount of market discount is ignored. A "market discount bond" is one which is acquired by the holder at a purchase price 80250741.5 - 19 - -473- which is less than the stated redemption price at maturity or, in the case of a bond issued at an original issue discount, the "revised issue price" (i.e., the issue price plus accrued original issue discount). The "accrued market discount" is the amount which bears the same ratio to the market discount as the number of days during which the holder holds the obligation bears to the number of days between the acquisition date and the final maturity date. State, Local and Foreign Taxes Investors should consult their own tax advisors concerning the tax implications of the purchase, ownership or disposition of the Certificates under applicable state or local laws. Foreign investors should also consult their own tax advisors regarding the tax consequences unique to investors who are not United States persons. LEGAL INVESTMENTS AND ELIGIBILITY TO SECURE PUBLIC FUNDS IN TEXAS Section 271.051, as amended, of the Certificate of Obligation Act provides that the Certificates are legal and authorized investments for banks, savings banks, trust companies, savings and loan associations, insurance companies, fiduciaries, and trustees, and for the sinking funds of cities, school districts, and other political subdivisions or public agencies of the State of Texas. Texas law further provides that obligations, such as the Certificates are eligible to secure deposits of the state, its agencies, and political subdivisions, and are legal security for those deposits to the extent of their face value. For political subdivisions in Texas which have adopted investment policies and guidelines in accordance with the Public Funds Investment Act (Chapter 2256, Texas Government Code), the Certificates may have to be assigned a rating of "A" or its equivalent as to investment quality by a national rating agency before such obligations are eligible investments for sinking funds and other public funds. See "RATINGS" herein. Section 1201.041 of the Public Securities Procedures Act (Chapter 1201, Texas Government Code) provides that the Certificates are negotiable instruments governed by Chapter 8, Texas Business and Commerce Code, and are legal and authorized investments for insurance companies, fiduciaries, and trustees, and for the sinking funds of municipalities or other political subdivisions or public agencies of the State of Texas. With respect to investment in the Certificates by municipalities or other political subdivisions or public agencies of the State of Texas, the Public Funds Investment Act requires that the Certificates be assigned a rating of "A" or its equivalent as to investment quality by a national rating agency. See "RATINGS" herein. In addition, various provisions of the Texas Finance Code provide that, subject to a prudent investor standard, the Certificates are legal investments for state banks, savings banks, trust companies with at least $1 million of capital, and savings and loan associations. The Certificates are eligible to sure deposits of any public funds of the State, its agencies, and its political subdivisions, and are legal security for those deposits to the extent of their market value. The City has made no investigation of other laws, rules, regulations or investment criteria which might apply to such institutions or entities or which might limit the suitability of the Certificates for any of the foregoing purposes or limit the authority of such institutions or entities to purchase or invest in the Certificates for such purposes. The City has made no review of laws in other states to determine whether the Certificates are legal investments for various institutions in those states. RATINGS Ratings applications have been submitted to Moody's Investors Service, Inc. ( "Moody's "), Standard & Poor's Rating Services, a Division of The McGraw -Hill Companies, Inc. ( "S &P "), and Fitch Ratings ( "Fitch ") to obtain a rating on the Certificates. The results of this process will be communicated by the City when available. See "BOND INSURANCE" herein. The City's non - credit enhanced ad valorem tax- supported debt is rated "Al ", "A+ ", and "AA -" by Moody's, S &P and Fitch, respectively. An 80250741 5 - 20 - -474- explanation of the significance of such ratings may be obtained from the company furnishing the rating. The City furnished the rating agencies certain information which is not included in this Official Statement. The rating reflects only the view of such organization at the time such rating was given, and the City makes no representation as to the appropriateness of the rating. There is no assurance that such rating will continue for any given period of time or that it will not be revised downward or withdrawn entirely by such rating company, if in the sole judgment of such rating company, circumstances so warrant. Any such downward revision or withdrawal of rating may have an adverse effect on the market price of the Certificates. CONTINUING DISCLOSURE OF INFORMATION In the Ordinance, the City has made the following agreements for the benefit of the holders and beneficial owners of the Certificates. The City is required to observe the agreement for so long as it remains obligated to advance funds to pay the Certificates. Under the agreement, the City will be obligated to provide certain updated financial information and operating data annually, and timely notice of specified material events, to certain information vendors. This information will be available to securities brokers and others who subscribe to receive the information from the vendors. Annual Reports The City will provide certain updated financial information and operating data to certain information vendors annually. The information to be updated includes all quantitative financial information and operating data with respect to the City of the general type included in Appendix A to this Official Statement ( "Financial Information ") under the headings "DEBT PAYABLE FROM TAXES ", "GENERAL REVENUES ", "GENERAL EXPENSES ", "AD VALOREM TAXES ", "FIVE YEAR OPERATING STATEMENT FOR SOLID WASTE ", "MUNICIPAL HOTEL OCCUPANCY TAXES ", and "THE TAX INCREMENT FINANCING ACT ", and in Appendix C. The City will update and provide this information within six months after the end of each fiscal year ending in or after 2008. The City will provide the updated information to each nationally recognized municipal securities information repository ( "NRMSIR ") and to any state information depository ( "SID ") that is designated by the State of Texas and approved by the staff of the United States Securities and Exchange Commission (the "SEC "). The City may provide updated information in full text or may incorporate by reference certain other publicly available documents, as permitted by SEC Rule 15c2 -12. The updated information will include audited financial statements, if the City commissions an audit and it is completed by the required time. If audited financial statements are not available by the required time, the City will provide unaudited financial statements by the required time, and will provide audited financial statements when and if the audit report becomes available. Any such financial statements will be prepared in accordance with the accounting principles described in Appendix C, the Ordinance or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation. The City's current fiscal year end is July 31. Accordingly, it must provide updated information by January 31 of the following year, unless the City changes its fiscal year. If the City changes its fiscal year, it will notify each NRMSIR and any SID of the change. Material Event Notices The City will also provide timely notices of certain events to certain information vendors. The City will provide notice of any of the following events with respect to the Certificates, if such event is material to a decision to purchase or sell Certificates: (I) principal and interest payment delinquencies; (2) non- payment related defaults; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or 80250741.5 - 21 - -475- liquidity providers, or their failure to perform; (6) adverse tax opinions or events affecting the tax- exempt status of the Certificates; (7) modifications to rights of holders of the Certificates; (8) Certificate calls; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Certificates; and (11) rating changes. Neither the Certificates nor the Ordinance make any provision for debt service reserves, credit enhancement, or liquidity enhancement. In addition, the City will provide timely notice of any failure by the City to provide information, data, or financial statements in accordance with its agreement described above under "Annual Reports ". The City will provide each notice described in this paragraph to any SID and to either each NRMSIR or the Municipal Securities Rulemaking Board ( "MSRB "). Any such filing may be made by the City solely by transmitting such filing to the Municipal Advisory Council of Texas (the "MAC ") as provided at http: / /www.DisclosureUSA.org, unless the SEC has withdrawn the interpretive advice stated in its letter to the MAC dated September 7, 2004. Availability of Information from NRMS1Rs and SID The City has agreed to provide the foregoing information only to NRMSIRs and any SID. The information will be available to holders of Certificates only if the holders comply with the procedures and pay the charges established by such information vendors or obtain the information through securities brokers who do so. The MAC has been designated by the State of Texas and approved by the SEC staff as a qualified SID. The address of the MAC is 600 West 8th Street, Post Office Box 2177, Austin, Texas 78768 -2177, and its telephone number is 512/476 -6947. The MAC has also received SEC approval to operate, and has begun to operate, a "central post office" for information filings made by municipal issuers, such as the Authority. A municipal issuer may submit its information filings with the central post office, which then transmits such information to the NRMSIRs and the appropriate SID for filing. This central post office can be accessed and utilized at www.DisclosureUSA.org ( "DisclosureUSA "). The City may utilize DisclosureUSA for the filing of information relating to the Certificates. Limitations and Amendments The City has agreed to update information and to provide notices of material events only as described above. The City has not agreed to provide other information that may be relevant or material to a complete presentation of its financial results of operations, condition, or prospects or agreed to update any information that is provided, except as described above. The City makes no representation or warranty concerning such information or concerning its usefulness to a decision to invest in or sell Certificates at any future date. The City disclaims any contractual or tort liability for damages resulting in whole or in part from any breach of its continuing disclosure agreement or from any statement made pursuant to its agreement, although holders or registered owners of Certificates may seek a writ of mandamus to compel the City to comply with its agreement. The City may amend its continuing disclosure agreement to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, if the agreement, as amended, would have permitted an underwriter to purchase or sell Certificates in the offering described herein in compliance with SEC Rule 15c2 -12 and either the holders of a majority in aggregate principal amount of the outstanding Certificates consent or any person unaffiliated with the City (such as nationally recognized bond counsel) determines that the amendment will not materially impair the interests of the holders or beneficial owners of the Certificates. If the City amends its agreement, it must include with the next financial information and operating data provided in accordance with its agreement described above under "Annual Reports" an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of information and data 802507415 - 22 - -476- provided. The City may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of SEC Rule 15c2 -12 or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling Certificates, respectively, in the primary offering of the Certificates. Compliance with Prior Undertakings During the past five years, the City has complied in all material respects with continuing disclosure agreements made by it in accordance with SEC Rule I5c2 -12. REGISTRATION AND QUALIFICATION OF CERTIFICATES FOR SALE The sale of the Certificates has not been registered under the Federal Securities Act of 1933, as amended, in reliance upon the exemption provided thereunder by Section 3(a)(2); and the Certificates have not been qualified under the Securities Act of Texas in reliance upon various exemptions contained therein; nor have the Certificates been qualified under the securities acts of any jurisdiction. The City assumes no responsibility for qualification of the Certificates under the securities laws of any jurisdiction in which the Certificates may be sold, assigned, pledged, hypothecated or otherwise transferred. This disclaimer of responsibility for qualification for sale or other disposition of the Certificates shall not be construed as an interpretation of any kind with regard to the availability of any exemption from securities registration provisions. UNDERWRITING M.E. Allison & Co., Inc., as the authorized representative of a group of underwriters, has agreed, subject to certain conditions, to purchase the Certificates from the City at an underwriting discount of $ The Underwriters' obligation is subject to certain conditions precedent. The Underwriters will be obligated to purchase all of the Certificates if any Certificates are purchased. The Certificates may be offered and sold to certain dealers and others at prices lower than such public offering price, and such public prices may be changed from time to time, by the Underwriters. The Underwriters have provided the following sentence for inclusion in this Official Statement. The Underwriters have reviewed the information in this Official Statement in accordance with their responsibilities to investors under the federal securities laws as applied to the facts and circumstances of this transaction, but the Underwriters do not guarantee the accuracy or completeness of such information. FINANCIAL ADVISOR M.E. Allison & Co., Inc. (the "Financial Advisor ") is employed by the City in connection with the issuance of the Certificates and in such capacity, has assisted the City in compiling documents related thereto. Although the Financial Advisor assisted in drafting this Official Statement, the Financial Advisor has not independently verified all of the data contained in it or conducted a detailed investigation of the affairs of the City to determine the accuracy or completeness of this Official Statement. No person should presume that the limited participation of the Financial Advisor means that the Financial Advisor assumes any responsibility for the accuracy or completeness of any of the information contained in the Official Statement. The fee of the Financial Advisor for services rendered is contingent upon the issuance and sale of the Certificates. The Financial Advisor has reviewed the information in this Official Statement in accordance with its responsibilities to the City and, as applicable, to investors under the federal securities laws as applied to the facts and circumstances of this transaction, but the Financial Advisor does not guarantee the accuracy or completeness of such information. 8025074/5 - 23 - -477- INDEPENDENT ACCOUNTANTS This Official Statement includes the combined financial statements of the City for the fiscal year ended July 31, 2007. These combined financial statements have been examined by Collier, Johnson & Woods, P.C., Independent Certified Public Accountants, as stated in their report set forth in Exhibit C to this Official Statement. The City has not requested Collier, Johnson & Woods to reissue its audited financial statements and Collier, Johnson & Woods has not performed any procedures in connection with this Official Statement. MISCELLANEOUS All information contained in this Official Statement is subject, in all respects, to the complete body of information contained in the original sources thereof and no guaranty, warranty or other representation is made concerning the accuracy or completeness of the information herein. In particular, no opinion or representation is rendered as to whether any projection will approximate actual results, and all opinions, estimates and assumptions, whether or not expressly identified as such, should not be considered statements of fact. No person has been authorized to give any information or to make any representations other than those contained in this Official Statement, and if given or made, such other information or representations must not be relied upon as having been authorized by the City. This Official Statement does not constitute an offer to sell or solicitation of an offer to buy in any state in which such offer or solicitation is not authorized or in which the person making such offer or solicitation is not qualified to do so or to any person to whom it is unlawful to make such offer of solicitation. FORWARD LOOKING STATEMENTS The statements contained in this Official Statement, and in any other information provided by the City, that are not purely historical, are forward- looking statements, including statements regarding the City's expectations, hopes, intentions, or strategies regarding the future. Readers should not place undue reliance on forward- looking statements. All forward- looking statements included in this Official Statement are based on information available to the City on the date hereof, and the City assumes no obligation to update any such forward - looking statements. It is important to note that the City's actual results could differ materially from those in such forward- looking statements. The forward- looking statements herein are necessarily based on various assumptions and estimates and are inherently subject to various risks and uncertainties, including risks and uncertainties relating to the possible invalidity of the underlying assumptions and estimates and possible changes or developments in social, economic, business, industry, market, legal and regulatory circumstances and conditions and actions taken or omitted to be taken by third parties, including customers, suppliers, business partners and competitors, and legislative, judicial and other govemmental authorities and officials. Assumptions related to the foregoing involve judgments with respect to, among other things, future economic, competitive, and market conditions and future business decisions, all of which are difficult or impossible to predict accurately and many of which are beyond the control of the City. Any of such assumptions could be inaccurate and, therefore, there can be no assurance that the forward - looking statements included in this Official Statement would prove to be accurate. AUTHORIZATION OF THE OFFICIAL STATEMENT The Official Statement will be approved as to form and content and the use thereof in the offering of the Certificates will be authorized, ratified and approved by the City Council on the date of sale, and the 80250741.5 - 24 - -478- Underwriters will be furnished, upon request, at the time of payment for and the delivery of the Certificates, a certified copy of such approval, duly executed by the proper officials of the City. The Ordinance will also approve the form and content of this Official Statement, and any addenda, supplement or amendment thereto issued on behalf of the City, and authorize its further use in the reoffering of the Certificates by the Underwriters. This Official Statement has been approved by the City Council of the City for distribution in accordance with the provisions of the Securities and Exchange Commission's rule codified at 17 C.F.R. Section 240.15c2 -12. ATTEST: City Secretary 80250741.5 By: Mayor - 25 - -479- [This page intentionally left blank.] 80250741.5 - 26- —480— APPENDIX A FINANCIAL INFORMATION DEBT PAYABLE FROM TAXES Bonded Debt The table below shows the amount of direct tax supported debt of the City as of August 1, 2008 and adjusted to include the Certificates. 2008 Assessed Valuation (100 %u of Market Value) Less: Exemptions Net Taxable Assessed Valuation') $ 16,220,116,351 2,406,781.337 General Improvement Bonds Outstandingt01 $ 152,030,000 Combination Tax and Revenue Certificates of Obligations Outstanding(2) 78,410,000 Tax Notes 22,260,000 State Infrastructure Bank-Notes 3,250,000 The Certificates(*) 12,000.000 Total Indebtedness Payable from Taxes $ 267,950,000 Less: Self - Supporting Debt(3) $ 106,884,957 Applicable Interest & Sinking Funds(4) 10,063,710 116,948,667 Net Indebtedness Payable from Taxes $ 151.001.333 Ratio Total Debt to 2008 Net Taxable Assessed Valuation 1.94% Ratio Net Debt to 2008 Net Taxable Assessed Valuation 1.09% 2008 Estimated City Population 295,594 Total Debt Per Capita $ 906 Net Debt Per Capita $511 m Pursuant to authority permitted by Section 1 -b, Article VIII of the State Constitution, the City has granted an exemption of $50,000 of market valuation to the residence homestead of property owners over 65 years of age and an exemption of $50,000 of market valuation for disabled property owners. Also, the legislature, pursuant to a constitutional amendment and Section 11.22 of the Property Tax Code, mandated an additional property tax exemption for disabled veterans or the surviving spouse or children of a deceased veteran who died while on active duty in the armed forces. The exemption from taxation applies to either real or personal property with the amount of assessed valuation exempted ranging from $1,500 to $3,000, depending on the amount of disability or whether the exemption is applicable to surviving spouse or children. Starting in tax year 1996, the exemption increased in range from $5,000 to $12,000 of assessed.value. Additionally, State law provides that an eligible owner of agricultural land or timberland may apply to have such property appraised on the basis of productivity value or on the basis of market value, whichever is less. A 1981 constitutional amendment provides local governments the option of granting homestead exemptions of up to 30% of market value for the 1985 through 1987 tax years, and up to 20% of market value thereafter. Minimum exemption is $5,000. Since tax year 1982, the City has granted a homestead exemption of 10% of market value or $5,000, whichever is greater. The constitutional amendment further provides that taxes may continue to be levied against the value of the homestead exemption where ad valorem taxes have been previously pledged for the payment of debt, if cessation of the levy would impair the obligation of the contract by which the debt was created. The appraisal of property within the City is the responsibility of the Nueces County Appraisal District (the "Appraisal District "). The Appraisal District is required under the Property Tax Code to assess all property within the Appraisal District on the basis of 100% of its value and is prohibited from applying any assessment ratios. The value placed upon property within the Appraisal District is subject to review by the Appraisal Review board, consisting of seven members appointed by the Board of Directors of the Appraisal District. However. the Nueces County Appraisal District reappraises the value of property every year. The City is entitled to challenge the determination of appraised value of property by category within the City by petition filed with the Appraisal Review Board. Discount Bonds are shown at original issue amount. To continue to maintain this debt as self - supporting, transfers have been made from the Tourist and Convention revenues and Airport Parking and Texas State Aquarium revenues, Lexington Museum, Airport Lease revenues and parking, Reinvestment Zone 42. Municipal Hotel Occupancy Taxes, Marina, Golf Centers, Storm Water, and Solid Waste in amounts sufficient to pay both principal and interest on the self - supporting debt. See "THE CERTIFICATES - Security for the Certificates" in the body of the Official Statement. The Total Interest and Sinking Fund balance as of August 1, 2008 is $16,702,102. After deducting 39.63% or $6,619,032 which applies to self - supporting debt, the balance of the Interest & Sinking Fund applicable to tax supported debt of 10,063,710. Preliminary, subject to change. 80250741.5 A -1 -481- Estimated Overlapping Debt Expenditures of the various taxing bodies, such as school and special districts, within the territory of the City of Corpus Christi are paid out of ad valorem taxes levied by these taxing bodies on properties within the City. These political taxing bodies are independent of the City and may incur borrowings to finance their expenditures. Except for the amount relating to the City, the City has not independently verified the accuracy or completeness of such information as being accurate or complete. Furthermore, certain entities listed may have issued additional bonds since the date stated in the table, and such entities may have programs requiring the issuance of a substantial amount of additional bonds, the amounts of which cannot be determined. The following table reflects the estimated share of overlapping net debt of these various taxing bodies. Percent Overlapping Taxing Body Net Debt(1) As Of Overlaopina(2) Gross Debt Calallen I.S.D. $ 47,527,439 8 -1 -08 39.77% $ 18,901,663 Corpus Christi I.S.D. 59,630,000 8 -1 -08 94.22% 56,183,386 Corpus Christi Junior College District 103,305,000 8 -1 -08 92.14% 95,185,227 Flour Bluff I.S.D. 6,430,000 8 -1 -08 85.45% 5,494,435 London I.S.D. 10,684,616 8 -1 -08 3.85% 411,358 Nueces County (excluding special districts) 129,700,000 8-1-08 37.05% 48,053,850 Nueces County Hospital District 11,395,000 8 -1 -08 37.05% 4,221,848 Nueces County (Port of Corpus Christi) -- 8 -1 -08 37.05% -- F-M Roads and Flood Control 8-1-08 37.05% -- Nueces County Road District No. 4 8-1-08 0.00% — Nueces County WC &ID No. 4 8.1 -08 0.47% -- Port Aransas I.S.D. 9,228,002 8-1-08 70.08% 6,466,984 Robstownl.S.D. 26,252,707 8 -1 -08 0.13% 34,129 Tuloso-Midway 1.S.D. 49,164,995 8 -1 -08 50.16% 24,661,161 West Osol.S.D. 21,809,994 8-1-08 32.16% 7,014,094 Total Net Overlapping Debt $266,628,135 (1) Discount bonds are shown at original issue amount excluding subsequent compounding. (2) Overlapping percentage represents the percentage of the estimated land area of the particular entity covered by the City. Source: Municipal Advisory Council of Texas, Texas Municipal Reports and the City. 80250741.5 A -2 -482- Debt Ratios The following table shows a comparison of the ratios of net tax supported debt, estimated net overlapping debt and combined net debt to assessed value of taxable property and estimated population in the City for the past five fiscal years. For the purpose of this table, net direct debt consists of the City's tax supported debt less the amounts considered for self - supporting debt and applicable interest and sinking funds. Fiscal Year Ended 7 -31 Net Taxable Assessed Valuation Estimated Population Net Direct Debt - Tax Supported Ratio to Assessed Value Per Capita Net Overlapping Debt Ratio to Assessed Value Per Capita Net Direct and Net Overlapping Overlapping Debt Ratio to Assessed Value Per Capita 200919 $13,813,355,014 295,594 5151,001,333 1.09% 5511 $266,628,135 1.93% 5902 5417,629,468 3.02% 51,413 2008 513,107,205,639 295,594 5148,043,286 1.13% 5501 5214,864,031 1.87% 5828 $392,907,317 3.00% $1,329 2007 $11,421,305,918 295,594 $154,533,327 1.35% $523 $301,068,635 2.64% 51,019 5455,601,962 3.99% $1,541 2006 2005 $10,478,530,288 59,639,561,772 293,122 293,122 $121,723,287 5127,808,249 1.16% 5415 5263,160,961 2.51% $880 5384,884,248 0) As of August 1, 2008 and adjusted to include the Certificates. Preliminary, subject to change. 80250741.5 A -3 -483- 3.67% $1,313 1.33% $436 5213,945,142 2.22% 5730 $341,753,391 3.55% $1,166 Debt Service Requirements - Tax Supported Obligations The following table sets forth the principal and interest requirements on the City's outstanding tax supported debt. STANDING TAX SUPPORTED DEBT O 1 N N 0 CO n O °o, N O 00 Q M ^ N O W yV CO N V N N N N H 00 P C.454 r Oro' W N 0. N p0 - 0 rip P M - 0 N 0 0 0 S 0 O O N 0 N a P. w a P.. N 0, i � .Mn 0 0 0 0 0 O S en. r 0 p N N N 0 t0 00 0 0 00 H 0 0 0 O 00 8 o M 74 V 0 '0 0 in 4, w O O O O o 008$ 00 S 0 N U N N N Ma N 0 ° ' ern: 0 r .N. d O r. O '0 O N F en 94 N N N N r 00 ° 00 r N '0 N '0 VM O r G [ O 6 cc co' Nf 0 0 0 0 0 —O O O O O C d M '0 N 0^ L 00 M N } 4 H N O — N 0 N N N 0 N 0. m - 0' r C Q O O - GOi M 0i .-r CO N N •0■■ •0•• — t0 00 V 0 V w oo g o N 0 0 M N - 00 00 r '0 0 S S 0 o0 0 O O pO O O irr r v a 0 M. di ^ a 00 V WI WI VI a al. 00 S O S o q CO CO CO 00 00 N 40 O 00 V P O. rW V el N WI h h r 0 0 0 0 0 0 8° 0 8 N N ■N N 00 M 00 O 0 V b N 0 co P oo M ON 00 r 0 r r1 N Cl 00 07 O M N 0 Q V m 00 00 co r O N en 0 - un N O 4 W N r .o 0o N e0 0 0 0 0 0 O O O O O in O in O O O. — N M < N N a °-° '0 n n W O n1 n M 0 r N Qi n o .-. GI m a a 0o `00 0 M ` 00 0 • 0 0o en vii Q • O V d M N 0 0 0 0 0 O O 8 O N O 0 S n v .94 Go rn v d k N N N O pp�. a. O N pggb. r W W O in N in 0 O O N 0' o O N O d oo d N 0: 0 00 N v e 0 0 0 0 0 0 0 0 0 0 0 n O O N O f M a '0 [V M M M en M 04 d 00 r r M d O - N E en et n Vim. 0 m r 00 00 N ' M < 00 „ N M en P P M O 0 C Q .o O N 0' N Ln el i —n .0 .0 N o e 0 m 0 0 0 r 00 00 ON V Q C d r 0 0 - N N e0 on N a P 4 00 0 \ O. N P O\ P CO Cl (4 N N N lV N N- 0 S 0 0 O S O S O 0 OO O O O S O S O S e O O r. O O O P V M O O M O O O N V 00 N N M 00 V M M'0 N 04 01 CO 00 e 0. .o a 0? - N 0 0 yVy V r O� " byp N (V M W r— W 01 Q g N 0 S 0. 00 n .ni Q t0 N O. M N O O O S 00 S 0 0 O O 0 „ '0 0 N .c r o Q O < 00 00 00 000 r00 N 4 N M V_ O .0 O N 00 00 0 0 00 0 0 00 0 0 N 00 V O b N 6 0 r O 00 b V a M M 1n 0 0 0 0 00 8 8 0 $ O 0 N < 4 00 M O V V 00 0 000 '0 '0 — O r N M M G O. ti N 0 N - O N P r r r M 1/4.0 0 d r O O Ntr; O a r vi y 0, M N 0 0 0 0 0 O O O O O N. N CT 0 — 44 O V N C V M Ci - O O r 00 N 0 N 0 N g N N N N N N N N N -484- O 0 0 O r N 0041 0 V OP C o 00 re 0 0 0 0 0 0.0000 N N C N .00 00 't v 0 T < C — N un N N N N N N N N N r M V `O r" r.1 N N N (9 - Q 00 '0 000 Q 0. 0 0 0 r r 00 Co CO 0 0 0 p 0 4 .fir (-4 0 .Mi 00 .0 '^ 0 M N N N N 8 8 8 8 8 0 0 0 o O 00 0 0 N N 0 M el un in 00 r O m V r < ti o N N N N N en r r O '0 N v M .o r r a r 00 '0 01 - M 0 0 0 0 0 0 0 0 O O N O Or - N - < '0 0 r N M N N -4 N M M N 0 N 0 o v0 v°O 00 0 O P 0 0 0 00 r 00 00 00 0 Vt O 0 N '0 r 00 0� O ti417 Irt G — r m 0 0 0 0 O 8 8 S S 8 '0094 0 Ma o N — r CV 0 00 O -4 0 N N N O N r N o 00 N 00 N O N — N 0 0 0 0 O 0 0 0 O O O 00 CO 00 00 0 00 O 00 M $ 124,316,180 O eit N H d V v. .O r M V en M M M M r NNNN N O 00 Interest and Sinking Fund Management A ten year record of the City's policy of maintaining substantial reserves for the next year's debt service requirement on the City's Tax Supported Debt is set out below: Principal and Interest Year Ended Requirements 7 -31 -1998 $19,479,132 7 -31 -1999 20,205,909 7 -31 -2000 20,408,071 7 -31 -2001 20,439,775 7 -31 -2002 23,613,985 7 -31 -2003 24,221,824 7 -31 -2004 26,360,208 7 -31 -2005 27,769,909 7 -31 -2006 27,987,764 7 -31 -2007 30,622,578 7 -31 -2008 29,126,509 (5) (6) (2) (3) (4) (6) Tax Collections & Other RevenueO) $19,429,559 20,592,558 19,276,889 20,771,761 22,817,235 24,846,218 25,704,993 26,846,675 27,915,111 31,988,938 34,206,340 I &SF Balance End ofYear(5) $12,481,417 12,878,565 11,747,384 12,079,370 11,282,621 11,907,015 11,251,800 10,328,564 10,255,911 11,622,271 16,702,102 Percent of Next Year's Requirements 61.8% 63.1% 57.5% 51.2% 48.1% 46.2% 42.2% 36.0% 33.5% 39.9% 40.4% Other revenue includes transfers from Enterprise funds for self - supporting debt, interest on reserve and construction funds and other sources. On December 1, 2001, a partial refunding of the City's General Improvement Bonds was effected to take advantage of lower interest rates. Principal and interest in the amount of $11,340,000 includes $197,291 in bond issuance expenses paid on this refunding issue. On April 1, 2003, a partial refunding of the City's General Improvement Bonds was effected to take advantage of lower interest rates. Principal and interest in the amount of $22,575,000 includes $338,430 in bond issuance expenses paid on this refunding issue. On September 1, 2004, a partial refunding of the City's General Improvement Bonds was effected to take advantage of lower interest rates. Principal and interest in the amount of $27,769,909 includes $365,529 in bond issuance expenses paid on this refunding issue. On June I, 2005, a partial refunding of the City's General Improvement Bonds was effected to take advantage of lower interest rates. Principal and interest in the amount of $27,769,909 includes $1,129,938 in bond issuance expenses paid on this refunding issue. Since 1988 the principal and interest requirements and Interest and Sinking Fund balance have included the Tax Increment Financing Zone debt, which is funded by taxes from the City, Nueces County, Corpus Christi Independent School District, and the Corpus Christ Junior College District. In 2004, the bonds associated with the Tax Increment Financing Zone #1 matured. The following table removes the Tax Increment Financing Zone debt and reflects only the City's debt from 1998 to 2007. Unaudited. Year Ended Principal and Interest Requirements 7 -31 -1998 $18,282,950 7 -31 -1999 19,009,051 7 -31 -2000 19,204,629 7 -31 -2001 19,248,172 7 -31 -2002 22,417,562 7 -31 -2003 23,019,971 7 -31 -2004 25,162,216 7 -31 -2005 27,769,909 7 -31 -2006 27,769,909 7 -31 -2007 27,769,909 80250741.5 Tax Collections & Other Revenue(1) $18,235,174 19,395,405 18,079,695 19,517,141 21,620,376 23,644,365 24,510,221 26,846,675 26,846,675 26,846,675 A -5 -485- I &SF Balance End of Year $12,481,294 12,867,642 11,747,619 12,076,587 11,279,401 11,903,795 11,251,800 10,328,564 10,328,564 10,328,564 Percent of Next Year's Requirements(4) 65.7% 67.0% 60.8% 54.4% 50.7% 48.5% 42.2% 36.0% 36.0% 36.0% Detailed Interest and Sinking Fund Management Index Budget Act a of Lad Actual Actual 2008 -2009 2007 -2008 2006 -2007 2005 -2006 2004 -2005 Balance on Hand Previous $16,702,102 $11,622,271 $10,255,911 $10,328,564 $11,251,800 Year Revenues: Ad Valorem Taxes 25,903,038 24,884,901 22,036,645 20,455,666 16,655,492 Payment from Texas State 518,318 508,685. 518,117 500,427 512,182 Aquarium Payment from Lexington 285,022 248,869 347,173 352,849 283,800 Museum Associates Payment from Corpus Christi 272,234 252,841 Conv. & Visitors Art Museum Bureau to TESS - - 7,425 Fund Contributions: Transfer from Airport Fund 198,181 423,206 510,582 533,518 716,862 Transfer from Golf Centers 11,030 64,763 -- - - -- 12,723 Fund Transfer from Hotel 2,489,296 1,886,648 2,492,279 2,557,083 2,680,966 Occupancy Tax Fund Transfer from Visitors 15,026 15,169 15,294 15,222 Facility Fund Transfer from General Fund 4,165,235 4,185,390 3,830,940 1,270,270 2,305,369 Transfer from Maintenance -- 147,051 148,448 149,673 148,966 Services Fund Transfer from Municipal 196,869 200,194 200,378 199,432 Information Services Fund Transfer from Marina 19,023 76,910 123,779 90,018 39,590 Revenue Fund Transfer from Utility System 176,951 998,214 1,193,334 1,169,187 1,268,760 Fund Transfer from Stores Fund 14,523 14,661 14,782 14,712 Transfer from Employee 15,522 15,669 15,799 15,724 Benefits Fund Interest on Investments: 230,936 539,763 541,948 310,508 Total Revenues 33,997,030 34,206,340 31,988,938 27,915,111 26,557,604 Expenditures: Principal retired 30,245,000 18,007,816 20,065,000 18,340,000 18,960,000 Interest 11,140,513 11,107,836 10,545,155 9,656,942 7,013,139 Paying agent fees 12,000 10,857 12,423 10,774 12,234 Refund of Bond Issuance -- -- -- (19,952) 1,495,467 Cost Total expenditures 41,397,513 29,126,509 30,622,578 27,987,764 27.480,840 Closing Balance $ 9,301,619 $16,702,102 511,622,271 $10,255,911 510.328,564 m Unaudited. 80250741.5 A -6 -486- GENERAL REVENUES Major Sources of Revenue 0 R U 8 N N 0 'C A N b N N U 0 °1 d C o 0. U g O 5 b° w- tss d N N N N N � CJ w4 O N 0 N ... '‘`i) qOq 0 0 fO U 9 O . J 0..0 O by J o W v b N d N J o .1") 0 O O CJ 7 O 0 00 a t0 L 0) d CS O O O L b 0. E 0 U 4 8 0 0 0 N .V1. „ b N b N .-t „ 00 0 NCI R 0 r1 M '0 P Vs 00 O' N 00 m > < N n vs ON CO .. r N an •• O M an h ,O 0 oe .i a ^ b „ b N 00 V b n N •+ en r N MM p en r m .. a 0 ppO�r, r p Tp o N O ter r- a co err o6 0 00i b r N rr1 0 0' b m n C 0 a. .: rn ^o ' en c v V N 04 r 00 'O h 0 N Os 0, 00 b O 0.1 O CO a 00 00 a Oe ., 00 00 O co. Vl N h 6" 1O e a^ h e v 0 0) CO 4. N Q M b r 00 g N N- 00 r i'1 n d N 0 e7 b in h M d N 'O V r' o o N 00 o a 0 oo h O' N m N b N^ 'n 0 0 0 nt (V O O M b r'1 nek 0 V 00 .0 r 1+1 o in F< CO" rp h 00 N 0 0 CO N 0 0 O' n 'bn v' Vo .. e 0 00 vi v„ '? o en-i o-0 m en rn v) CO n N to .n .. 0 P n r 0n 0 00^ N y N b 00 0 ON N 0 0 b a N CO en N 00 an N V 00 C b 0 'V o-j N 0 0„ 40 'V 0' a r a fV 00 00 'D 0 to g 00 �' 00 O. C ON' N rt V O r'0 -7 01 r'f 0 .4 01 N b en b N 0 VI 0 ' 0 ry 0 r 0 at an N,.,,,,��I� r 0 0 0 r'1 (V O� b 00 o , T� b N esi N 0 0 00 '0 - V- N 0I y a N 00 b ra. to en. N M N 'n O 0 O 0 Q 00 ON 00 > P CO V v1 d h r'vn CO V ON 00 0' O' > N rn r N r en 00 r 04 C 0 00 N o an b 'O een r n 'S i r 'f N 'D 00 O. .. 0 0 Oa act 0 0 b 'O 0 0 WI 04 O' vb' vbi .hi N M r O r 0 C an '0 7> 00 O V V cr, o r ti b 00' r0n N r P b v: 0' r" ..` 'D 00 '0 0 0 M F W y O O O N V en, O en 040'0 o _> N 0 o v0'. '0'o r e 0-) e o N V01 h— � .. N N b $219,682,233 $241,449,511 $165,377,146 $186,398,619 w u y Y n 'o U w 0 T 6 k w w p i0 oy ° o 2 m u ` r m ° u $ e n xro'8.15iv La —487— an r r 00 General Fund Balances Revenues: Taxes & business fees Licenses and permits Intergovernmental Charges for services Fines and forfeitures Interest on investments Miscellaneous Total Revenues Expenditures: General government Public safety Streets Solid Waste Health Community enrichment Miscellaneous Debt service: Principal Retired Interest Total Expenditures Excess (deficiency) of revenues over expenditures Other financing sources (uses): Capital leases Notes payable Operating Transfers in Operating Transfers out Total other financing sources (uses) Excess (deficiency) of revenues and other sources over expenditures and other uses ** Reclassifofbalance previously accounted in Prop fd Residual equity transfer in (out) Fund balance at beginning of year Fund balance at end of year ** Operating deficits were planned draws. (3) 2008t3j $115,135,286 631,439 276,088 47,384,793 6,915,124 1,425,051 899,537 $ 172,667,318 Fiscal Year Ending July 31 2007 2006 $ 111,500,632 3,399,993 497,520 44,505,375 6,907,942 1,500,447 1,064,729 $ 169,376,638 $ 107,938,813 3,493,616 2,462,754 40,709,838 6,118,520 1,004,660 837,913 $ 162,566,114 2005 $ 104,338,441 3,321,875 320,715 33,612,804 5,658,571 556,088 1,566,094 $ 149,374,588 2004 $ 99,022,494 2,396,870 573,810 31,324,167 5,189,598 248,091 882,187 $ 139,637,217 14,786,052 $14,298,422 $14,457,192 14,428,290 12,990,324 102,590,234 98,665,201 95,426,920 81,095,158 76,432,539 13,272,703 13,183,111 12,917,944 10,496,626 11,020,465 17,420,365 15,168,861 13,556,875 13,767,222 14,774,569 4,366,588 4,154,426 4,237,565 3,918,970 3,839,648 20,322,138 17,885,895 17,727,971 17,162,371 15,811,535 O0 (1) (3) 529,809 977,279 3,011,583 3,073,876 2,701,135 3,326,548 2,442,688 236,516 198,600 199,392 221,280 252,417 $176,006,179 $166,628,392 $161,244,994 $ 144,946,274 $ 138,541,464 (3,338,861) 2,748,246 1,341,120 4,428,314 1,095,753 2,279,932 3,447,512 2,917,492 2,032,704 3,083,773 5,226,267 4,623,722 5,087,192 5,726,103 5,573,152 (7,576,078) (5,405,534) (3,239,242) (7,467,950) (6,966,180) (69,879) 2,665,880 4,765,442 290,857 1,690,745 (3,408,740) 5,414,126 6,106,562 4,719,171 2,786,498 32,426,604 $ 29,017,864 (2) 27,012,478 $ 32,426,604 464,802 20,441,114 $ 27,012,478 15,721,943 $ 20,441,114 12,935,445 $ 15,721,943 Beginning 2005, Miscellaneous expenditures were reclassified to General Government. On July 10, 2007, the City Council appropriated $2,902,327 of General Fund fund balance from FY 06 -07 estimated excess revenues over expenditures. A majority of these funds were encumbered in FY 06 -07 and then expended in 07 -08; thus intentionally drawing down the fund balance in FY 07 -08. An additional $500,588 was appropriated by the City Council from FY 07 -08 excess revenues over expenditures for repairs to the City's Water Garden and $306,017 was appropriated by the City Council FY 07 -08 excess revenues over expenditures for "one- time" expenditures for the buy -down of lease purchases. Unaudited. 80250741.5 A -8 -488- Industrial Districts During 1980, the City designated two areas of land within its extraterritorial jurisdiction as industrial district areas for the purpose of establishing industrial district contracts. An annual in lieu of tax payment is collected from industries located thereon in return for continuation of their extraterritorial status. Both areas combined comprise approximately 14,020 acres. The improvements located thereon are primarily commercial or industrial in nature. The area designated as Industrial District Number One is located on the City's northeast side contiguous to Nueces Bay and the harbor area. Industrial District Number Two is located on the City's northwest side and is bound primarily by the east City limit line, F.M. Road 1694 and State Highway 44. The City's authority to designate industrial districts is provided under Section 42.044, Local Government Code of the Revised Civil Statutes of Texas and extends to the entire extraterritorial jurisdiction of the City. Subsequent to designation of the above mentioned area, all owners or lessees of property used for industrial purposes in either area were provided an opportunity to execute one or two industrial district agreements approved by the City. The agreement would provide an industry immunity from annexation for the term of the contract (presently ten years), and allow an extension of the agreement beyond that period by mutual agreement. The agreement also provides for an annual in lieu of tax payment based on the market value of property within each company's designated industrial district. The payment is computed by applying the tax rate to 100 percent of the market value of the industrial district's land and to 60 percent of the market value of improvements located on such land. New improvements completed since January 1974, are considered at a reduced percentage of market value (i.e., on a sliding scale up to 60 percent). An additional 15 percent of market value of an industry's improvement property is considered in calculating the payment if an industry is not a member of the Refinery Terminal Fire Company and depends on the City Fire Department for fire protection. All in lieu of tax payments are recorded as revenue to the City's General Fund. The agreement first became effective January 1, 1981, and the City Council has authorized three extensions of all contracts, the last being effective January 1, 2004. Sixty companies are now operating under industrial district agreements. 80250741.5 [The remainder of this page intentionally left blank.] A -9 -489- The total assessed value of land and improvements comprising all the existing industrial districts approximated $2,051,073,400 as of January 1, 2007. The City received industrial district payments as follows: m Fiscal Year Amount 1997 -98 5,223,486 1998 -99 5,174,725 1999 -00 5,120,527 2000 -01 5,249,555 2001 -02 5,631,939 2002 -03 5,797,095 2003 -04 5,917,118 2004.05 5,754,083 2005 -06 5,865,286 2006 -07 5,892,23311 2007 -08 5,676,86817 The City Council adopted a financial policy to adopt the effective tax rate which lowered the actual property tax rate. Since the assessed values for the industrial district properties die not materially increase, the amount of cash decreased. Sales and Use Tax The City imposes a I% sales and use tax which is now one of the major sources of income for the General Fund. Revenues from Sales Tax for the past ten fiscal years have been as follows: % of ad Equivalent of Sales Tax Per Total Valorem Ad Valorem Capita Last Fiscal Year Collected Tax Levy Tax Rate Census 1997 -1998 28,732,516 66.10% 0.41 111.60 1998 -1999 29,641,048 65.80% 0.41 115.13 1999 -2000 30,590,459 65.72% 0.41 110.25 2000 -2001 32,051,919 67.16% 0.42 115.52 2001 -2002 32,674,742 63.17% 0.41 117.77 2002 -2003 32,351,154 59.60% 0.38 116.60 2003 -2004 34,120,633 59.20% 0.38 122.98 2004 -2005 36,367,571 63.09% 0.41 128.95 2005 -2006 39,442,670 60.46% 0.38 131.65 2006 -2007 42,082,398 61.68% 0.37 142.37 2007 -2008 44,253,526 60.80% 0.34 148.78 *Collections through August 1, 2008 [The remainder of this page intentionally left blank.] 80250741.5 A -10 -490- GENERAL EXPENSES') Comparison of General Expenditures by Functions Om'0 OON 8INN .m n O 8 O a a m N04.“. m I1 N N ∎N'; - 0'0 0' 'o *C"'" 64^ bnl 888x8° 0'Q W N - Po gl0mama- N ∎Wom'o0 w N N a,o 0 0 m -Norma no 0000 M in2o1io g1Om g�vIm n r-NN O'Nm Mm -vi P Of• 88mvlvmin0N oeu N V N b m N •�rtr. ve ? PP N W On t- 0.1n\, 8:51:7,1!: n (-001- y el mo co • M0 m N A coul O p N m Vy N H g. 8 • 0-0 o m - Q co Pb 0 ,17. v tn. be y N N oo e m m a • q' .• '6b NNaNNN • NM O . a 0 rypbbmm m ri N -NV ^•$P^V em° aq o m o N S 00 PIW PPN N or a- p O b b b 0 0 qwB^1aP.°� M N a O N a V N war = 8(4 N ■ 2'8 N 0 0 w O g N 00 P b N e e O. rat cE E.- 5 ^ 41 §5 c0.° s °V.So A. a oc -L° u v o $_ 9 E 0 v o °n 0 3 m v 5 0 a Ep o.h s c o 0 ii0.NN TiV UU]V C)��2 Y E. E y N Ij: E 68 Se —491— N AD VALOREM TAXES Subject to certain exemptions, the property tax is imposed on real and personal property situated in the City. In addition to exemptions discussed below, principal categories of exempt property include property owned by the State of Texas or its political subdivisions if the property issued for public purposes; property exempt from ad valorem taxation by federal law; certain household goods, family supplies, and personal effects; farm products owned by producers; certain property associated with charitable organizations, use and development associations, religious organizations, and qualified schools; designated historic sites; solar and wind powered energy devices; and most individually owned automobiles. In addition, owners of agricultural and open space land, under certain circumstances, may request valuation of such land on the basis of productive capacity rather than market value. Exemptions - Over 65 and Disabled Pursuant to provisions of the Texas Constitution, the City may exempt an amount from the assessed valuation on the homesteads of persons 65 years of age or older and certain disabled persons to the extent approved by the City Council (and must grant an exemption to the extent voted by the majority of the City's voters at an election called upon a petition of 20% of the number of voters voting in the City's most recent election). Disabled Veterans Exemptions Beginning with the tax year 1976, under provision of the Texas Constitution, the City must grant an exemption ranging from $1,500 to $3,000 of assessed value of residential homesteads or personal property of disabled veterans who file for the exemption based on a formula of the percent of disability claimed. Starting in tax year 1996, the exemption increased in range from $5,000 to $12,000 of assessed value. Exemption - Local Option Under provisions of a Constitutional Amendment, the City has the option of granting a homestead exemption of up to 20% of market value. Minimum exemption is $5,000. For the years beginning with 1982, the City has granted 10% of market value or $5,000 exemptions, whichever is greater. In a statewide election held on September 13, 2003, Texas voters approved an amendment to Section 1 -b, Article VIII of the Texas Constitution, that would authorize a county, city, town or junior college district to establish an ad valorem tax freeze on residence homesteads of the disabled and of the elderly and their spouses. On November 2, 2004, citizens approved the establishment of the tax limitations described above. See "THE CERTIFICATES - Security for the Certificates" and "EFFECT ON THE TAX RATE LIMITATION" in the body of the Official Statement. Once the tax limitation is established, the total amount of ad valorem taxes imposed by the City on a homestead that receives the exemption may not be increased while it remains the residence homestead of that person or that person's spouse who is disabled or sixty-five years of age or older, except to the extent the value of the homestead is increased by improvements other than repairs. If a disabled or elderly person dies in a year in which the person received a residence homestead exemption, the total amount of ad valorem taxes imposed on the homestead by the taxing unit may not be increased while it remains the residence homestead of that person's surviving spouse if the spouse was fifty -five years of age or older at the time of the person's death. In addition, the Texas Legislature by general law may provide for the transfer of all or a proportionate amount of the tax limitation applicable to a person's homestead to be transferred to the new homestead of such person if the person moves to a different 8025074L5 A -12 -492- residence within the taxing unit. Once established, the governing body of the taxing unit may not repeal or rescind the tax limitation. 80250741.5 [The remainder of this page intentionally left blank.] A -13 -493- Assessed Valuations A N y 0 no W ry • O 00 0 xT w g C >. 0 0 0 T �'ar07 N 0. N a) U -, 0 N 0 x.. b N •> W O 0 0. v U •C a 0 Ll a a d� O 0 0 ten 0 U 0 z� F U a O y co El A 0 O ° 2 U c a O O O D O O ofq O O 7 N O O M M O l-- 00 u'1 • M u1 u1 10 00 N 00 V V N ON 01 0 V1 tt 00 M 00 N 00 CO 10 N e N v1 oo N V4 rn r),, 000 N N 7 ul N M et 0▪ 0• 0 Inn N in to N ey, M 0 d' H VNj 1�0 0 N 1�0 tin 0i N • ON l 0 ON 10 O, M 7 to N 0o D• \ CN T O n•. N M ul 1/46 et M In N 00 N 00 00 O1 0 0 u1 N O1 N 00 H. M N et O N. N O. 10 V1 N • u1 1O 01 h to V7 co to N in ON 10 N O 0 M u l O M 10 00 ul Inn M N N N 04 '0 N 01 00 H. N 0y 10 ul N N 7 M 0 N ▪ 10 O V ON. 10 et 7 •--� 00 N p 00 00 00 0 0 • — .M...^ en ss M v'1 V M O 10 0 7^ 0 N 0 00 10 M 01 M N 7 `0 00 in 0n v▪ , v) 10 00 M N CO' v1 01 M 10 00 o0 O O .-• l0 01. N r1 00 01 et M Vl 10 10 N 0 M N 01 D\ 0 et N • o0 01 O\ O O O H N N 7 e 0 10 of 01 N M 0 41 O 10 0 M M N 0 et 0 0 0 O1 V .+ 1� N. H. M 7 00 O D\ H et et 00 N 0 V et 00 .-+ 00 in 00 et 10 N 1p 10 O 1D O 00 N 1D N 00 O 00 N 7 N O• N; 01 •-+ M M ep 9 • .r N O O N- OC Oo en c E O a °o ' k a.0 If) m y0 bo 0 - d 1 0 0 F. O o O yo • 0 in c.20o E 2 S a 07 ❑ C 0 g 0 0 00- C v y q O 000 0 0 Sao W O > 1 y 0 r. yvy2 3 r 0 O O C O 0. 0a m G ° 0 m > A U ? g C b • 00 0 m El 0 0 0 a. .0 03 ✓ ° = a = 0 0. C 0 m p 0 m 00'° IT g a 3 .2 O m O 0 HH01 °� • y Ts • 10 O • 0, x •� m w. W x O U e N yo 0 04S o EA O 0 • O C a> X N O l, ca 5 ; o o0 O 00`.- igO C a e49 o PA r. 0 0 o 00 0 0 cl 07 l� pp U pp W e0 w .- 4 KZI 0 t0 0 �.N 8 N Y to ON 7 on O N O N 17 00 O ii (n tNtl v'1 et 0 0 0 0 01 N N ... 0 H >' 0 C N 00 N O 00 M M 10 N 0 0 1-. A U 0.0 N C\ 7 0 01 M • et Oi V• i in .0 0 0 :� 0 .3. M N M 0 10 M M M 10 .n a Epnn h F .° ..� 10 N e N O o N 00 et v) E g= 3 ❑ 0 o\ l-- u1 N tr N • .. Cr 0• 1 00 X N .S N 0 N 0 M N N 0 N 10 0 M O U Q .00 co O 7 01 v9 N .-. O 0 of N "M • Do W 00 01 O .-. N 7 • et b 0 'd 0 93 N IS 0'O 0 a1 ^ C 01 v, 0L(nS O H b y L 0 0 'Ill g 'C O O ,-. 0 T en U v to G IS �F.0 oCA c 0 0 0 • ` w ,o co a� C 0 0 ti •-. .n O '° a 0 a.'y-' y t. 00 .-0^. 0 vb x 90 0 0 {7a 'g N i.. C. ~ 0 0 �ww 05 dv° oo �o .. 00 01 on n . l 01 00 et N O 0 i0 0 N in 10 N et 00 O 10 N 10 o M X> 0 0 7 0" oo 0 ten e 1• '0 7 O+ N • 00 N v1 O 10 C- 7 7 O n 00 `0 v1 t- 0 7 a1 t N N '00 to zN 0 8°0000°000o ° c e c 0 e 0 0 0 e d�E 0 o 0 0 0 0 0 0 0 0 0 X �. 01 O N M et in 10 h 0o g A 01 0 0 0 0 0 0 0 0 0 001000000000 F >4 H N N N N N N N N N -494- O 0 0 oo b0 W 0 409 i O u, 0 ▪ • d 0 o 00 Exemptions - Over 65 and Disabled Over 65 Exemptions Tax Assessed Value Number of Assessed Value Average Year Exemption(1) Exemptions of Exemptions Value 1999 $50,000 16,004 $636,786,100 $39,789 2000 50,000 16,255 668,199,827 41,107 2001 50,000 16,458 684,880,475 41,614 2002 50,000 16,602 713,508,103 42,977 2003 50,000 16,670 729,550,443 43,764 2004 50,000 16,770 747,885,037 44,597 2005 50,000 16,795 756,289,977 45,031 2006 50,000 16,963 774,757,868 45,673 2007 50,000 17,169 802,710,170 46,753 2008 50,000 17,255 805,583,221 46,687 Disabled Taxpayers Exemptions Tax Assessed Value Number of Assessed Value Average Year Exemption11 Exemptions of Exemptions Value 1999 $50,000 2,535 $93,292,702 $36,802 2000 50,000 2,652 101,418,975 38,242 2001 50,000 2,765 108,303,281 39,169 2002 50,000 2,880 115,715,191 40,179 2003 50,000 3,038 124,941,699 41,126 2004 50,000 3,270 136,391,738 41,710 2005 50,000 3,543 153,034,972 43,194 2006 50,000 3,859 169,483,323 43,907 2007 50,000 4,076 185,024,920 45,394 2008 50,000 4,292 194,747,769 45,375 Disabled Veterans Exemptions Tax Year 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 80250741.5 Assessed Value Exemption") (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) Number of Assessed Value Average Exemptions of Exemptions Value 2,061 $19,024,837 $9,231 2,092 19,290,426 9,221 2,143 19,814,977 9,246 2.241 20,755,630 9,262 2.404 22,271,738 9,264 2,562 23,814,922 9,295 2,675 24,676,048 9,225 2.824 26,184,760 9,272 2,997 27,828,172 9,285 3,121 30,523,222 9,780 A -15 -495- Exemption -Local Option Tax Year 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 Assessed Value Exemptio& (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) 20 (2) (3) (4) Number of Exemptions 52,513 54,333 55,189 56,051 56,560 57,473 57,748 58,332 58,802 59,672 Assessed Value Average of Exemptions Value $366,149,406 $6,973 392,740,809 7,228 414,770,371 7,515 434,924,406 7,759 467,542,416 8,266 503,873,807 8,767 540,248,333 9,355 584,117,044 10,014 669,143,866 11,380 704,460,740 11,806 This exemption was granted pursuant to an election held on April 6, 1987, called upon petition of the voters of the City. Beginning with tax year 1976, under provision of the Texas Constitution, the City must grant an exemption ranging from $1,500 to $3,000 of assessed value of residential homesteads or personal property of disabled veterans who file for the exemption based on a formula of the percent of disability claimed. Starting in tax year 1996, the exemption increased in range. The new range is from 55.000 to $12.000 of assessed value. Under provisions of a Constitutional Amendment, the City has the option of granting homestead exemption of up to 20% of market value. Minimum exemption is $5,000. The City has granted 10% of market value or $5,000 exemptions, whichever is greater. Tax Abatement State law authorizes subdivisions of the State of Texas to grant tax abatements to any person, organization or corporation in order to stimulate economic development within the State. Consequently, the City Council has adopted a resolution establishing criteria whereby the City will, on a case -by -case basis, give consideration to providing tax abatement to any qualifying applicant. Generally, the period of abatement is for up to two years during the period of construction and for five years thereafter with a maximum period not to exceed seven years. The percentage of tax abated shall be determined based upon permanent jobs provided by the project as follows: 0% on 49 or less; 50% on 50 to 99; 75% on 100 to 199; 100% on over 200. Notwithstanding the resolution adopted by the City Council, or the criteria attendant thereto, it is not implied or suggested that the City is under any obligation to provide tax abatement to any applicant. As of January 1, 2008 the estimated value of property in the City that was subject to tax abatement is $16,087,786. Tax Rates and Limitations The maximum tax rate valuation. On April 3, 1993, contained a tax limitation of $0. The amended Charter provides authorized after April 4, 1993. The ad valorem tax rate ordinance. Effective January September 30 or the 60th day indicates the tax rate distribution permitted by the Constitution of Texas is $2.50 per $100 of assessed the citizens of Corpus Christi voted to amend the City Charter which 68 per $100 of assessed valuation for all purposes including debt service. for the tax rate to increase up to the State limit for voter approved debt is levied each year by the City Council through the adoption of a tax rate 1, 2000, all taxing units must adopt their tax rates before the later of after the taxing unit receives the appraisal roll. The following table for the past nine tax years and current tax year. 80250741.5 A -16 -496- Tax Rate Distribution (per $100) Tax Year General Fund Interest & Sinking Funds Total 1999 $0.468133 $0.155593 $0.623726 2000 0.463133 0.160593 0.623726 2001 0.457523 0.186652 0.644175 2002 0.460031 0.184144 0.644175 2003 0.466554 0.177621 0.644175 2004 0.460000 0.174175 0.634175 2005 0.426624 0.199175 0.625799 2006 0.403197 0.199175 0.602372 2007 0.364671 0.199175 0.563846 2008 0.364671 0.199175 0.563846 Truth -in- Taxation Limitation Under Title 1 of the Texas Tax Code (known as the "Property Tax Code "), the City must annually calculate and publicize its "effective tax rate" and "rollback tax rate ". A tax rate cannot be adopted by the City Council that exceeds the lower of the rollback tax rate or the effective tax rate until two public hearings are held on the proposed tax rate following a notice of such public hearings (including the requirement that notice be posted on the City's website if the City owns, operates or controls an internet website and public be given by television if the City has free access to a television channel) and the City Council has otherwise complied with the legal requirements for the adoption of such tax rate. If the adopted tax rate exceeds the rollback tax rate the qualified voters of the City by petition may require than an election be held to determine whether to reduce the tax rate adopted for the current year to the rollback tax rate. "Effective tax rate" means the rate that will produce last year's total tax levy (adjusted) from this year's total taxable values (adjusted). "Adjusted" means lost values are not included in the calculation of last year's taxes and new values are not included in this year's taxable values. "Rollback tax rate" means the rate that will produce last year's maintenance and operation tax levy (adjusted) from this year's values (adjusted) multiplied by 1.08 plus a rate that will produce this year's debt service from this year's values (unadjusted) divided by the anticipated tax collection rate. Levy and Collection of Taxes The City has contracted for the collection of its property taxes with the Nueces County Tax Assessor /Collector. In July or August of each year, the rate of taxation is set by the City Council based upon the valuation of property within the City as of January 1. Ad valorem taxes are due on receipt of a tax bill and payable from October 1 of the year in which levied until January 31 of the following year without interest or penalty. Split payments are not allowed. On February 1, the unpaid taxes become delinquent and have a penalty and interest charge of seven (7 %) percent. Taxes delinquent from March 1 through June 30 have an additional penalty and interest charge of two (2 %) percent per month for a total penalty and interest charge of fifteen (15 %) percent. Taxes delinquent on July 1 have a total penalty and interest charge of eighteen (18 %) percent. Taxes delinquent on July 1 accrue an additional fifteen (15 %) percent for collection cost of taxes. Unpaid taxes after July 31 accrue an additional interest charge of one (1 %) percent per month until paid. The Property Tax Code makes provision for discounts for early payment and the postponement of the delinquency date under certain circumstances. Fiscal year 1991 -92 80250741.5 A -17 -497-- was the last year the City granted a discount for early payment. The discounts were three (3 %) percent in October, two (2 %) percent in November, and one (1 %) percent in December. For fiscal years after 1991- 92, the City did not offer discounts. 80250741.5 [The remainder of this page intentionally left blank.] A -18 -498- Levy and Collection of Taxes - The following Table I sets forth a comparison of the net taxable assessed valuation, tax rate levy and percentage of taxes collected for the past nine fiscal years. Table II sets forth a comparison of the tax levies and also indicates the amount of uncollected delinquent taxes. Table 1 Tax Net Taxable Tax Year Year Assessed Valuation Rate % Current % of Total Ending 1999 $7,462,585,204 $0.623726 96.3% 99.0% 7 -31 -00 2000 7,652,057,403 0.623726 96.2% 98.7% 7-31-01 2001 8,029,325,055 0.644175 96.1% 99.0% 7-31-02 2002 8,426,656,727 0.644175 96.1% 99.1% 7-31-03 2003 8,947,896,398 0.644175 96.1% 98.9% 7-31-04 2004 9,639,561,772 0.634175 96.3% 99.3% 7 -31 -05 2005 10,478,529,288 0.625799 96.0% 98.6% 7 -31 -06 2006 11,421,305,918 0.602372 95.2% 97.7% 7 -31 -07 2007 13,107,205,639 0.563846 94.4% 96.8% 7 -31 -08 Table 11 Outstanding Delinquent Delinquent Outstanding Tax as Fiscal Tax Net Current Current Tax Tax Total Tax Delinquent Percent of Year Year Tax Levy Collections Collections Collections Tax Current Levy Ending 1999 $46,546,084 $44,836,825 $1,256,701 $46,093,526 $4,855,538 10.4% 7-31-00 2000 47,727,871 45,900,923 1,200,467 47,101,390 4,973,081 10.4% 7 -31 -01 2001 51,772,865 49,683,646 1,509,804 51,193,450 5,036,692 9.7 %. 7 -31 -02 2002 54,282,374 52,161,807 1,631,724 53,793,530 4,985,476 9.2% 7-31-03 2003 57,640,112 55,417,905 1,575,879 56,993,784 6,332,114 11.0% 7-31-04 2004 61,131,691 58,864,317 1,829,112 60,693,430 4,794,920 7.8% . 7 -31 -05 2005 65,237,253 62,656,806 1,684,900 64,341,706 4,961,481 7.6% 7 -31 -06 2006 68,230,749 64,961,636 1,704,973 66,666,609 5,038,461 7.4% 7 -31 -07 2007 72,790,742 68,696,896 1.738,155 70,435,051 5,241,882 7.2% 7 -31 -08 8025074 1.5 A -19 -499- Principal Ad Valorem Taxpayers The following table identifies the taxpayers in the City with the twenty largest assessed 2008 and their comparable 2007 assessed valuations where available. 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 20 Name of Taxpayer American Electric Power Texas Central Co. Markwest Javelina Pipeline Co Padre Staples Mall, LP 14. E. Butt Grocery Company SABCO Operating Company AT &T Bay Area Health Care Wal -Mart Auto Center Zohouri Developments Mustang island LLC TRT Development Company Flint Hills Resources, LP HD Development Properties LP Sterling Energy Inc. Camden Property Trust Orion Drilling LP Facey Enterprises NV, LTD One Shoreline Properties LTD Weingarten Realty Investors Case Walnut Ridge Apartments LP Coastal Drilling Co. Type of Business 2008 Assessed Value Electric Utility Energy and Natural Gas Commercial Properties Retail Stores Petroleum Company Telephone Services Hospital/Healthcare Retail Stores Commercial Properties Commercial Properties Petroleum Company Commercial Properties Power Plant Industry Commercial Properties Petroleum Company Developer Commercial Properties Retail Stores Commercial Properties Petroleum Company Percentage of Total to Tax Year 2008 Net Taxable Assessed Value Source: Nueces County Appraisal District. 80250741.5 $ 121,280,080 70,753,370 64,972,156 58,878,328 57,921,940 53,981,010 50,004,843 45,695,687 36,481,984 36,453,760 30,588,371 29,332,327 24,728,100 24,114,102 23,184,000 23,068,444 22,400,007 22,006,156 21,027,219 20,778,400 $ 837,650,284 [The remainder of this page intentionally left blank.] A -20 -500- 6.06% valuations in 2007 Assessed Value $ 123,714,620 71,164,230 63,438,255 72,941,878 37,396,790 61,429,560 49,982,018 45,152,572 36,481,984 36,452,971 25,931,263 29,541,409 18,425,438 24,114,102 17,395,815 22,606,572 22,400,007 24,185,657 21,027,219 6.318 400 $ 810,100,760 FIVE YEAR OPERATING STATEMENT FOR SOLID WASTE Revenues: Solid Waste Services Refuse Collection Fees: Residential Commercial and Industrial Municipal solid waste system service charge Refuse Disposal Charges Disposal Charges - Landfill Project Refuse Collection Permits Special Debris Pickup Recycling Recycling containers TNRCC -COG Recovery of Charged Off Accounts Miscellaneous Total Solid Waste Revenues Expenditures: Solid Waste Office J.C. Elliot Transfer Station Refuse Collection Refuse Disposal Brush Collection Recycling Collection Cefe Valenzuela landfill operation Cash for Trash Landfill Regulation Compliance Landfill Closure Costs Total Solid Waste Expenditures Excess of Revenues over Expenditures (1) 2003 -04 $ 10,174,714 1,156,987 1,653,689 8,185,917 21,545 210,527 3,529 1,041 28,079 $ 21,436,028 1,194,920 6,149,445 4,985,777 1,973,950 1,033,260 26,851 2004 -05 $ 11,268,019 1,217,445 1,705,416 8,499,872 8,654 22,358 206,218 1,512 79,075 58,283 $ 23,066,852 1,291,851 6,133,245 5,577,891 1,957,596 1,043,811 62,021 2005 -06 $ 12,379,693 1,508,399 1,986,343 7,942,373 21,169 290,443 22,123 36,940 46 $ 24,187,529 1,199,292 6,246,501 5,307,198 2,043,769 1,000,110 600 $ 15,364,203 $ 16,066,415 $ 15,797,470 $ 6,071,825 $ 7,000,437 $ 8,390,059 Since Solid Waste is a General Fund department, this transfer is not reflected as Comprehensive Annual Finance Report due to Generally Accepted Accounting Princi (2) Unaudited 2006 -07 $ 12,882,495 1,598,798 2,532,257 9,211,095 3,685 21,508 277,535 49,923 52,135 13,089 $ 26,641,520 1,070,526 5,113 6,010,021 8,242,844 2,195,561 1,036,377 142,070 1,860 2007 -08(2) $ 13,470,958 1,626,584 3,363,150 10,880,292 21,018 259,188 60,465 45,599 10 $ 29,727,264 1,044,068 1,101,656 8,735,599 8,122,709 2,470,849 1,042,570 786,722 $ 18,704,372 $ 23,304,173 $ 7,937,148 $ 6,423,091 a departmental expenditure in the pies (GAAP). NOTE: "Refuse Disposal" expenditures include an annual transfer to debt service for landfill improvements. 80250741.5 A -21 -501- THE TAX INCREMENT FINANCING ACT General Information On November 3, 1981, the voters of the State of Texas approved a constitutional amendment empowering the legislature to authorize by general law the issuance of bonds or notes by incorporated cities or towns to finance the development or redevelopment of an unproductive, underdeveloped, or blighted area within the city or town and to pledge for repayment of those bonds or notes increases in ad valorem tax revenue imposed on property in the area of the city or town and other political subdivisions. In anticipation of the adoption of the constitutional amendment, the Legislature, in 1981, adopted the Texas Tax Increment Financing Act of 1981 which is currently codified in Chapter 311 of the Texas Tax Code (the "Act "). The Act has been upheld through court challenge. The assessed value of property in a reinvestment zone at the time of the creation of the zone constitutes the base value as to all political subdivisions exercising taxing power within the reinvestment zone. Tax receipts from all such political subdivisions received as a result of increased assessed values over the base value (the tax increment) are placed in the tax increment fund and may be used to pay for capital improvements or to pay tax increment bonds or notes. Corpus Christi Reinvestment Zones On December 29, 1982, the City Council of the City designated a portion of the City as a reinvestment zone pursuant to the Act. This area, officially designated as Corpus Christi Reinvestment Zone No. 1 ( "Zone No. 1") generally includes the Bayfront area in and along the central business district south to approximately Ayers Street. This area has been the subject of an intensive study by City staff leading to the preparation of the "Bayfront Plan." After a staged review and adoption process by the Corpus Christi Planning Commission and City Council, the Bayfront Plan was officially adopted on December 29, 1982. The Act provides that the City and each other taxing unit may share in the tax increment allocation so long as the sharing basis is established by contract prior to the designation of the area as a reinvestment zone. The City, acting on behalf of Zone No. 1, entered into contracts with the City of Corpus Christi, the Corpus Christi Junior College District, Nueces County, Nueces County Hospital District, and the Corpus Christi Independent School District prior to passage of the reinvestment zone ordinance on December 29, 1982. These contracts established the basis for the participation of each taxing unit in the tax increment allocation. Zone No. 1 was divided into subzones A and B with a tax increment sharing plan established for each subzone. In subzone A, Zone No. 1 receives only the tax increment resulting from increases in assessed value due to new construction (any construction which increases values by twenty -five (25 %) percent) from the tax rates of the City and County, excluding the Hospital District, the Junior College District, and the School District. Subzone B is divided into areas 81 and B2. In area 131, Zone No. 1 receives only the tax increment resulting from increases in assessed value due to new construction on unimproved properties from all participating governmental entities. In area B2, Zone No. 1 receives the tax increment resulting from appreciation on improved properties (those properties for which improvements were in place as of January 1, 1982) and all tax increment resulting from increases in assessed value due to new construction from all participating governmental entities. All participating govemmental entities receive taxes on the base values (assessed values as of January I, 1982), the appreciation on unimproved properties, and the value of the appreciation on new construction. In accordance with the terms of the ordinance approved by the City when Zone No. 1 was created, Zone No. 1 was terminated on March 1, 2004. 80250741.5 A -22 -502- On November 14, 2000, the City Council passed an ordinance creating the Corpus Christi Reinvestment Zone No. 2 ( "Zone No. 2 ") encompassing approximately 1,934 acres on North Padre Island. The preliminary plan calls for funding the local share of the reopening of a channel to the Gulf of Mexico, Packery Channel, along with beach restoration in front of the Padre Island seawall and related improvements. Nueces County, the Nueces County Hospital District, and Del Mar College (formerly Corpus Christi Junior College) have agreed to participate in Zone No. 2. Pursuant to rights reserved to and exercised by the citizens of the City in its Charter, a referendum petition was filed to require an election on whether to repeal the City's ordinance adopted on November 14, 2000. In response to the petition, the City Council called an election on repeal of this ordinance for April 7, 2001. At this election the citizens voted not to repeal the November 14, 2000 ordinance. In 2003, $5,000,000 in bonds were issued, in 2004 $4,100,000 in bonds and in 2006 $2,900,000 in bonds were issued and in 2006 $2,900,000 in bonds were issued by the North Padre Island Development Corporation, a non - profit corporation created by the City for the purpose of issuing bonds in furtherance of the development of Zone No. 2. In March 2008, the Corporation issued $13,445,000 in refunding bonds, refinancing all of the previously issued bonds, to generate a debt service savings. 80250741.5 [The remainder of this page intentionally left blank.] A -23 -503- Reinvestment Zone Ad Valorem Taxes The following table sets forth the net taxable assessed values (assessed value net of exemptions) in Zone No. 2 for Fiscal Year 2007 -2008 and the related levy. The Corporation issued an additional $2,900,000 in 2006 to complete the $12,000,000 authorized amount. In 2008 the Corporation issued refunding bonds for the full amount of the bonds. Reinvestment Zone No. 2 Entity Nueces County Fann to Market Hospital District City of Corpus Christi College (1) Gross Current Appraised Taxable Value Value $360,853,525 $343,088,485 360,853,525 342,830,485 360,853,525 343,088,485 360,853,525 345,798,617 360,853,525 347,016,857 Jurisdiction Taxable Value $ 81,842,393 81,691,196 81,842,393 82,623,919 82,818,649 Jurisdiction Levy $ 287,580 3,509 118,493 465,872 457,096 $ 1,332,549 TIF Taxable Value $262,544,228 262,425,763 262,544,228 264,035,347 264,986,011 TIF Levy $ 922,535 11,270 380,117 1,488,753 384,901 $ 3,187,576 (I) Starting in Tax Year 2007, College District contributes a reduced percentage (60 %) to Reinvestment Zone No. 2. The Texas State Aquarium In 1996, the City issued $4,400,000 in Combination Tax and Texas State Aquarium Revenue Certificates of Obligation, the proceeds of which were used to purchase land, improvements, and capital equipment owned by the Aquarium and to build exhibits at the Aquarium which are deemed essential to continue to attract visitors. The debt service on these obligations are payable from revenues pursuant to the Contract between the City and the Association. The revenues identified under the heading "Operating Revenues - Admissions" in the following table are being made available to the City under a Contract with the Association, dated February 27, 1996, on a "gross revenue" basis. The contribution of such revenues may have an affect on the ability of the City or the Association to pay operating costs of the Aquarium exclusively from revenues generated from the use of the Aquarium. To the extent such revenues are not sufficient to pay debt service due and owing on these obligations, these obligations additionally are payable from a pledge of ad valorem taxes to be levied by the City. [The remainder of this page intentionally left blank.] 80250741.5 A -24 -504- 80250741.5 APPENDIX B CERTAIN INFORMATION RELATING TO THE CITY OF CORPUS CHRISTI B -1 -505- [This page intentionally left blank.] 80250741.5 B-2 -506- The following information has been provided by the City from sources it believes to be reliable. Information contained herein regarding industries and other private institutions in the Corpus Christi area are for general background purposes only. INFORMATION CONCERNING THE CITY OF CORPUS CHRISTI Population and Location Corpus Christi is now the eighth largest city in the State of Texas with a population of 295,594 based on the City's revised 2008 estimate. The geographic location of the City on the Gulf of Mexico and the Intercoastal Waterway gives it one of the most strategic locations in the Southwest and has been important to its economic development. Additional general information concerning the City's population and economy can be found under the caption "Economic and Demographic Characteristics" in the City's financial information contained in Appendix C. Area The area of the City has increased through annexation as the City's population and industry grew. The City has had numerous annexations and now contains approximately 504 square miles, which is broken down to approximately 150 square miles of land and 354 square miles of water. While the area covered by water contains no population and does not require normal city services, it does produce considerable revenues from oil and gas properties located therein. Form of Government and Administration The City was incorporated in 1852. In 1909, the City was organized under a City Charter and operated as a general law city until 1926 when a Home Rule Charter with a commission form of government was adopted. The Charter was amended in 1945 and the present Council - Manager form of government was adopted. The City Council consists of the Mayor and eight Council Members elected for two year terms. The Mayor and three Council Members are elected at large and five Council Members from single member districts. These nine officials are listed elsewhere in this document. The City Manager is appointed by the City Council and is the Chief Administrative and Executive Officer of the City. The Director of Financial Services is appointed by the City Manager and is charged with the administration of fiscal affairs of the City. By an initiative submitted in accordance with provisions of the City Charter, on November 5, 2002, the voters in the City considered a proposition that would have amended the City Charter to make the Mayor of the City the chief administrative and executive officer of the City. The citizens of the City voted to reject this proposed amendment to the City Charter. The City Council fixes the annual tax rate based on a budget prepared under the direction of the City Manager. The names, years of services, experience, and background of certain appointed officials are as follows: 80250741.5 B -3 -507- Management George K. Noe, City Manager George K. Noe was appointed City Manager in April 2003 and previously served as the Deputy City Manager since October 1999. In that role, he was responsible for day -to -day operations of the City including the direct supervision of the Human Resources Department, E Government Services Department, Municipal Information Systems Department, Office of Management and Budget, and Convention Facilities Department as well as the supervision of the three Assistant City Managers. He was also responsible for management of major projects and oversees the City's team in collective bargaining with the police and fire employee groups. Prior to his appointment, Mr. Noe served as the City Manager of College Station, Texas for over four years. Mr. Noe's 24 year city management career also includes fourteen years service with the City of San Antonio, Texas, three years as City Manager in Kingsville, Texas, and three years as Deputy City Manager in Fort Collins, Colorado. Mr. Noe has a Bachelor of Arts degree from St. Mary's University in San Antonio, Texas. He also participated in the public sector labor relations training program sponsored by the U.S. Conference of Mayor's Labor Management Relations Service. Mr. Noe will step down on September 1, 2008. Angel Escobar will serve as Interim City Manager until a replacement is hired. The City Council is working a consultant on a nationwide search for its next city manager and expects to hire a new city manager within the next 90 days. Oscar Martinez, Assistant City Manager Oscar Martinez was appointed Assistant City Manager for Administrative Services in October 2004. As Assistant City Manager he is responsible for overseeing the Finance, Budget, Information Systems, Human Resources General Services, E- Government and Economic Development Departments. Mr. Martinez previously served as Assistant Budget Director for the City in the mid 1980's. Prior to his recent employment with the City, he served over 14 years in workforce development as President/CEO of Work -Force 1, President/CEO of Workforce Network, Inc., Director at the Greater Corpus Christi Business Alliance, and Vice President of Workforce Development Corporation. Mr. Martinez has also been a teacher for the Corpus Christi ISD as well as the Dallas ISD. Mr. Martinez has a Master of Arts in Public Administration from St. Mary's University in San Antonio, Texas and a Bachelor of Arts. in Political Science /Business Administration from Texas A &I University in Kingsville, Texas. He has served on several Boards including the United Way, Committee on Educational Excellence, Corpus Christi Chamber of Commerce Education and Workforce Committee, Coastal Bend American Red Cross, Equality in Education Council, Corpus Christi, Technical Education Advisory Council, and the Human Investment System Council. Margie C. Rose, Assistant City Manager Margie C. Rose was appointed Assistant City Manager for Development Services in April 2002, having previously worked in local government for more than 20 years. Ms. Rose is responsible for the departments of Development Services, Convention Facilities, Health, Human Relations, Neighborhood Services and Park and Recreation, Libraries and Museum. In her prior positions, Ms. Rose served as Purchasing Director, Director of Administrative Services, Director of Department of Public Services, Assistant City Manager and City Manager for the City of Inkster, Michigan. She also served as Deputy Director of Parks for the County of Wayne, Michigan. Ms. Rose served on various professional committees including the Michigan Municipal League Finance and Taxation Committee, International City /County Management Planning Committee and the Michigan City 80250741.5 B -4 -508- Management Workplace Diversity Committee. Ms. Rose received her BBA (Accounting) degree in 1984 and her MPA in 1991, both from Eastern Michigan University. Robert J. Nix, Jr., Assistant City Manager Robert J. Nix, Jr., was appointed Assistant City Manager for Development Services on September 6, 2007, having previously worked in local government for more than 30 years. Mr. Nix is responsible for the department of Development Services. In this position, he oversees all planning, development, and permitting activities for the City of Corpus Christi. In his previous positions, Mr. Nix served in a variety of governmental organizations including St. Lucie County, Florida, City of Deltona, Florida, and Jackson County, Florida. Mr. Nix received his Master of Science degree from Florida State University. Cindy O'Brien, Director of Financial Services Cindy O'Brien was appointed as Director of Financial Services in December 2003, after serving in the Office of Management and Budget for two years. There, she served, first as Assistant Director, then Acting Director before her current appointment. As Director of Financial Services, she is responsible for all areas of financial management, including financial reporting, accounting, treasury, revenue and collections, purchasing, and the utility business office which includes billing, field services, and customer services. Prior to her position in Management and Budget, Ms. O'Brien served for over seventeen years in the Finance Department, holding various positions, including Chief Accountant. Ms. O'Brien is a Certified Public Accountant and holds a B.B.A. degree from Sam Houston State University, where she majored in Accounting. She is a member of the Government Finance Officers Association, national and state organizations, as well as the Government Treasurers Organization of Texas. Certain Governmental Services Provided by the City Public Safety ... The City provides police protection, fire protection, building inspection, street lighting and traffic signals, and civil defense. Law enforcement and civil defense is provided through the Police Department. The City's Fire Department operates 16 fire stations throughout the City and the Emergency Medical Service. Public Services ... In addition to operating its water, wastewater disposal, and gas systems, the City also provides garbage collection and disposal and maintenance of streets and storm drainage areas. Community Enrichment ... The City has a main library and four branches which are equipped with over 413,308 volumes. The City owns and maintains approximately 190 parks containing over 1,581 acres. The City also owns extensive recreational facilities including 139 playgrounds, a marina with 580 yacht basin slips, 4 municipal beaches, 2 public golf courses, 10 swimming pools, 49 tennis courts, a number of baseball and softball diamonds, 5 recreational centers, and 8 senior citizen centers. In addition, the City owns an auditorium, a coliseum, Harbor Playhouse, the Corpus Christi Museum, the Multicultural Center, the Water Garden, and a Community Convention facility. Airport and Transit System ... The City owns the Corpus Christi International Airport situated on 2,428 acres. The Regional Transportation Authority operates the regional transportation system which provides passenger bus and paratransit service within the area and seasonal services including a passenger ferry connecting several tourist attractions. Health ... The City maintains preventive health services through health facilities within the community. 80250741.5 B -5 -509- The City does not have the responsibility of maintaining hospitals, a school system, or a higher education system, and does not expend any funds in providing welfare. THE CITY'S FINANCIAL PROCEDURES Audit and Financial Reporting The City Charter requires an annual audit to be made of the books of accounts, records, and transactions of the City by a Certified Public Accountant. The fiscal year of the City begins the first day of August of each year and ends with the thirty -first day of July of the following year. The Government Finance Officers Association of the United States (the "GFOA ") first awarded the City its Certificate of Conformance, later termed the Certificate of Achievement for Excellence in Financial Reporting, for its annual financial report for 1957. The City was awarded the same recognition for its 1970, 1975, 1978, 1979, 1983, and 1984 through 2007 financial reports. Budget Procedures State laws and the City Charter require the preparation and filing of an annual budget. The City Manager submits a proposed budget to the City Council at least sixty days prior to the beginning of the fiscal year which estimates revenues and expenses for the next year. The proposed expenditures will not exceed estimated revenues. The City Council shall adopt a balanced budget prior to the beginning of the fiscal year. If the City Council fails to adopt a budget by the beginning of the fiscal year, the amounts appropriated for current operations for the current fiscal year are deemed the adopted budget for the ensuing fiscal year on a month -to -month basis until such time as the City Council adopts a budget for the ensuing year. Significant Accounting Policies The City prepares its financial statements in accordance with the generally accepted accounting principles for local governmental units as prescribed by the Governmental Accounting Standards Board and the American Institute of Certified Public Accountants. A summary of significant accounting policies of the City are set out in the Notes to Financial Statements for the fiscal year ended July 31, 2007 located referenced elsewhere in the financial section of the Official Statement. Population The revised 2000 United States Census population for Corpus Christi is 277,454, which is approximately eight percent greater than the population reported in 1990. The table shows the history of population from 1920 to 2000: 80250741.5 B -6 -510- Population Percent of Increase Over United States Census Figures for 1920 - 1990 Preceding Census 1920 10,522 27% 1930 27,541 162% 1940 57,301 108% 1950 108,053 89% 1960 167,690 55% 1970 204,525 22% 1980 232,134 13% 1990 257,543 11% 2000 277,454 8% Corpus Christi Standard Metropolitan Statistical Area (SMSA) consists of Nueces and San Patricio Counties, and, according to the 2000 United States Census, had a population of 380,783. It is estimated that the population in the SMSA will exceed 403,000 in the next ten years. Trade Area and Location Corpus Christi's trade area consists of five counties, Nueces, San Patricio, Aransas, Jim Wells, and Kleberg. Each of the counties maintains a solid and diversified economic base which contributes material support to Corpus Christi due to its location as a trade center and shipping point. The land is generally flat with strong mineral deposits, rich soil, excellent climate, and a growing season of approximately 300 days. Grain sorghum and cotton are the principal agricultural crops. The region also has a strong supply of livestock including beef, dairy cattle, hogs, and poultry. The oil and gas industry is a major factor in the growth and economic stability within the trade area. Mineral values vary depending on world market and demand. This industry also provides a secondary market for petro by- products and chemicals. The trade area's principal outlet for agricultural and petroleum products is the Port of Corpus Christi, which has served the area for over seventy years. The rebuilt grain elevator, completed in 1983, has added to the Port's capacity to handle various agricultural products. In 2004, the Port handled a volume of 86.4 million tons of cargo, including 74.2 million tons of petroleum products. Corpus Christi has one of the most strategically located waterways in the Southwest, with deep water transportation to the Gulf of Mexico and barge traffic all along the Texas Coast via the Intracoastal waterway. The nearest other port is in Brownsville, 160 miles to the south; nearest retail and wholesale outlet is San Antonio, 145 miles to the northwest; and the nearest heavy industry competition is Houston, 210 miles to the northeast. Business Corpus Christi continues to grow as a regional center for a 12- county area. Several new businesses were attracted to the City in the past year, including Graduate Loan Services, a financial call center, Gateway Shipping, a stevedore company, and Combex Westhem LLC, a modular home manufacturer. The Padre Island Drive shopping corridor also added a number of new restaurants and other retail businesses. Retail sales grew by 9.8% as measured by sales subject to sales tax. 80250741.5 B -7 -511- Recent capital investments underway by the public and not - for - profit sectors is estimated at $488 million, while private investments topped $1 billion. Most recently, Toyota has announced its intention to construct a major international auto manufacturing center in south San Antonio, Texas, a short distance away from Corpus Christi. This facility may have use for the Port of Corpus Christi facilities, thus having the effect, if so used, of contributing to the local economy. Several major construction and transportation projects are in various stages of planning or construction. A $46 million airport renovation project has been completed. The Texas Department of Transportation has two projects under construction. The $45 million elevation of the JFK Causeway, of which the City is funding $4 million, will provide a safe evacuation route from Padre and Mustang Islands and provide environmental benefits. The $36 million current phase of the extension of the Crosstown Expressway will connect Downtown and the Southside of town with a continuous freeway. A $30 million project on Padre Island will re -open Packery Channel, creating a route for pleasure and fishing boats between the Laguna Madre and the Gulf of Mexico. A large tourist development of condos, restaurants, and retail establishments is in the planning phase. The City's portion of the cost of dredging Packery Channel is funded through Tax Increment Financing. The Texas State Aquarium has recently concluded a $14 million expansion which allows exhibition of dolphins that cannot be returned to their natural habitat. A $30 million multipurpose arena to be constructed by the City in the downtown area opened in November 2004. Whataburger Field, a newly opened baseball stadium, that houses a AA major league affiliate baseball team was opened on April 17, 2005. Industry Corpus Christi industry provides a diversified product market including metal fabrication, chemical processing, farm and ranch equipment, oil field equipment, cement, food processing, electronic, petrochemical products, fishing and seafood products and more. The diversification is primarily due to the commitment of City leadership. The Port of Corpus Christi Authority opened the area to world markets in 1926. Today, it is the seventh largest port in the United States. The Port's channel stretches over 30 miles and links the City of Corpus Christi with the Gulf of Mexico. Deeper channels have for decades allowed Corpus Christi to be a competitive port for bulk commodities requiring large, deep draft vessels. It is the terminus of network of oil and gas pipelines throughout Southwest Texas and extending into West Texas. The Authority has two major projects, the Joe Fulton International Trade Corridor and the Channel Improvement Project, that will require significant funding in the future. These projects will be funded from federal and state assistance. revenue bonds and the Authority's unrestricted net assets. Joe Fulton International Trade Corridor This corridor encompasses an 11.5 -mile road and rail project that will significantly improve access to more than 2,000 acres of land along the North side of the channel for existing and future development. The corridor will connect two major highway components- US Highway 181 and Interstate Highway 37 - thus, establishing efficient intermodal links between highway, marine, and rail transportation systems. Most important, it is anticipated that the corridor will generate future economic development opportunities for South Texas. Construction began in 2004 and is scheduled for completion in 2008. At the end of 2005 this project was over 50% complete. Total project costs are estimated at $55.8 million. 80250741.5 B -8 -512- Channel Improvement Proiect In 2003, the Authority completed the feasibility phase of the Channel Improvement Project and is currently awaiting authorization through the Water Resources Development Act (WRDA) to begin the project. The project will include deepening the Corpus Christi Ship Channel from 45 to 52 foot, adding barge shelves on both sides of the ship channel and extending the La Quinta Channel to serve the proposed La Quinta Trade Gateway project. Although the project is still pending WRDA authorization, the engineering and design phase is underway and costs are shared 25% from the Authority and 75% from federal funds. Upon authorization of the project, the improvements will be constructed in seven contracts beginning in 2007 and ending in 2013. Total improvements will cost approximately $150 million. The Port is constantly upgrading and expanding facilities to better serve south Texas industry and shippers. In 2005, major capital expenditures include Gulf Compress Cotton Warehouses, Joe Fulton International Trade Corridor, security enhancements, vessel traffic information system, waterfront site development, water taxi and southside military Rail Yard for a total of $37,898,615. Tourism and Convention Business Corpus Christi continues to be a favorite vacation spot for visitors, as reflected by the ranking of the sixth most popular tourist destination in Texas. Nearly seven million visitors visited Corpus Christi during the two year period 2003 -2004 spending on the average, approximately $97 per person per day. Visitors stayed longer in Corpus Christi than in other areas of the State - an average of 2.3 days in Corpus Christi compared to 2.1 days in all of Texas. The number one reason visitors flock to the area has always been to enjoy miles of blazing white beaches along Mustang and Padre Islands, the longest barrier island in nature fronting on the Gulf of Mexico. The opposite side of the barrier provides a shoreline for Corpus Christi Bay, Laguna Madre, and the various bays and bayous north of the Coastal Bend which is ideal for outdoor recreation. Tourist facilities located within the City include: a multi - purpose arena at the American Bank Center, Whataburger Field which houses a AA major league affiliate baseball team, the Texas State Aquarium, the USS Lexington Museum, the Museum of Science and History, the South Texas Art Museum, the Asian Cultures Museum, the Multicultural Center/Heritage Park complex, and the Concrete Street Amphitheater. The Corpus Christi area is also a renowned location for water sports, including windsurfing and kiteboarding, and serves as a host to the annual U.S. Open Windsurfing Regatta and international power and sail boat races. International Flavor The City of Corpus Christi is a member of Sister Cities International. Through Sister Cities International, Corpus Christi has established affiliations with Keelung, Taiwan; Veracruz, Mexico; Yokosuka, Japan; Agen, France; and Toledo, Spain. The City and nearby neighbor, Monterrey, Mexico, have established a Partner in Trade affiliation that emphasizes business and cultural opportunities for cooperative ventures. Yokosuka, Japan sends up and coming city employees to Corpus Christi for overseas' training in public service and an exchange that teaches the different facets of' volunteerism in Japan. In addition to establishing a "Partner in Trade" with Monterrey, the City has established closer ties with cousins in 23 countries including Austria, Belgium France, Spain, Italy, and others. 80250741.5 B -9 -513- Proximity to San Antonio Corpus Christi continues to benefit from tourist attractions in San Antonio. San Antonio is located 2.5 hours by automobile north of Corpus Christi with easy access by Interstate 37, and Corpus Christi is favorably viewed as an attractive one -day trip by San Antonio visitors. With Corpus Christi's growing list of attractions, which include the Texas State Aquarium, the U.S.S. Lexington Museum on the Bay, and the Las Carabelas Columbus ship exhibit, visitors may be tempted to stay a little longer. Foreign Trade Zone The Port of Corpus Christi Authority operates one of the largest Foreign -Trade Zones (FTZ) in the United States. The Zone includes an Industrial Park near the Airport, two full service public warehouses near the Airport, all Port properties (7,000) acres that are available for storage and /or industrial activity, three bulk fuel terminals, six refinery subzones, two metal fabrication (offshore oil platforms and towers) subzones, and two minerals processing subzones. The Port's FTZ department is a full service Grantee assisting clients with applications, FTZ training, interpretation of Customs regulations, and interface with Customs officials. Corpus Christi Enterprise Zone The City of Corpus Christi has a State of Texas approved Enterprise Zone to assist in economic development activities. The Enterprise Zone contains approximately 14 square miles. In the 8 -year existence of the Enterprise Zone, over $2.5 billion of State of Texas approved Enterprise Zones projects have begun within the Enterprise Zone. While numerous State benefits for companies locating in the Enterprise Zone are available, the City also provides incentives for companies locating within the Enterprise Zone. Private Utilities Telecommunications and electrical service are available from several providers. 80250741.5 [The remainder of this page intentionally left blank.] B -10 -514- Construction The Table below indicates the amount of new construction activity in Corpus Christi and the number of permits issued for all purposes. Year 1998 -1999 1999 -2000 2000 -2001 2001 -2002 2002 -2003 2003 -2004 2004 -2005 2005 -2006 2006 -2007 2007 -2008 Building Permits Number of Permits 5,984 5,845 4,761 5,207 4,565 4,012 5,781 5,989 5,693 5,118 01 Based upon the construction of several large commercial projects, including shopping malls. Value 142,154,244 152,987,779 149,264,763 154,763,863 333,016,517°1 295,084,882 387,122,147 450,750,242 503,027,247 343,865,608 Employment The following table indicates the total civilian employment in the Corpus Christi MSA for the period January 2006 as compared to the prior periods of December 2005 and January 2005: January 2008* December 2007 January 2007 Civilian Labor Force Unemployment Percent Unemployment Total Employment 197,303 9,374 4.8% 187,929 197,300 8,667 4.4% 186,633 197,499 9,698 4.9% 187,801 The following table shows certain nonagricultural wage and salary employment in the Corpus Christi MSA for the period January 2006 as compared to the prior periods of December 2005 and January 2005: Natural Resource & Mining Manufacturing Wholesale Trade Retail Trade Transportation, Warehouse & Public Utilities Information Financial Activities Professional & Business Services Education & Health Services Leisure & Hospitality Other Services Govemment Total *Estimates for the current month are preliminary January 2008* 20,700 10,900 5,700 20,700 5,300 2,500 8,100 15,800 26,700 20,400 6,200 32,100 175,100 December 2007 20,900 11,000 5,700 21,600 5.300 2,400 8,300 16,000 26,900 20,600 6,300 32,500 177,500 Source: Texas Workforce Commission, Labor Market Review, February 2006. 90250741.5 B -11 -515- January 2007 19,000 10,900 5,400 20,100 5,500 2,500 8,000 16,300 26,100 19,400 6,200 32,900 172,300 80250741.5 APPENDIX C The information contained in this appendix consists of certain audited FINANCIAL STATEMENTS OF THE CITY OF CORPUS CHRISTI, TEXAS FOR THE FISCAL YEAR ENDED JULY 31, 2007. C -1 -516- 80250741.5 [This page intentionally left blank.] C -2 -517- APPENDIX D OPINION OF BOND COUNSEL Proposed Form of Opinion of Bond Counsel An opinion in substantially the following form will be delivered by McCall, Parkhurst & Horton L.L.P., Bond Counsel, upon the delivery of the Certificates of Obligation, assuming no material changes in facts or law. CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND SOLID WASTE REVENUE CERTIFICATES OF OBLIGATION, SERIES 2008, IN THE PRINCIPAL AMOUNT OF $12,000,000 AS BOND COUNSEL for the City of Corpus Christi, Texas (the "City "), the issuer of the certificates of obligation described above (the "Certificates "), we have examined into the legality and validity of the Certificates, which Certificates are issued in the aggregate principal amount of $12,000,000. The Certificates bear interest from the date and mature on the dates specified on the face of the Certificates, and are subject to redemption prior to maturity on the dates and in the manner specified on the face of the Certificates, all in accordance with the ordinance of the City authorizing the issuance of the Certificates (the "Ordinance "). Terms used herein and not otherwise defined shall have the meaning given in the Ordinance. WE HAVE EXAMINED the applicable and pertinent provisions of the Constitution and laws of the State of Texas, and a transcript of certified proceedings of the City, and other pertinent instruments authorizing and relating to the issuance of the Certificates of Obligation, including one of the executed Certificates of Obligation (Certificate of Obligation No. R -1); however, we express no opinion with respect to any statement of insurance printed on the Certificates of Obligation. BASED ON SAID EXAMINATION, IT IS OUR OPINION that the Certificates of Obligation have been authorized, issued and delivered in accordance with law, and constitute valid and legally binding obligations of the City; that the interest on and principal of the Certificates of Obligation shall be payable from the proceeds of an ad valorem tax levied and pledged for such purpose, within the limit prescribed by law; and that the principal of and interest on the Certificates of Obligation are additionally secured by and payable from a pledge of the surplus revenues from the operation of the City's solid waste system remaining after payment of all operation and maintenance expenses thereof and any other obligations heretofore or hereafter incurred to which such revenues have been or shall be encumbered by a lien on and pledge of such revenues superior to the lien on and pledge of such revenues to the Certificates of Obligation. The opinion hereinbefore expressed is qualified to the extent that the obligations of the City, and the enforceability thereof, are subject to applicable bankruptcy, reorganization or similar laws relating to or affecting creditors' rights generally, and the exercise of judicial discretion in accordance with general principles of equity. IT IS FURTHER OUR OPINION, except as discussed below, that the interest on the Certificates is excludable from the gross income of the owners for federal income tax purposes under the statutes, regulations, published rulings, and court decisions existing on the date of this opinion. We are further of the opinion that the Certificates are not "specified private activity bonds" and that, accordingly, interest on the Certificates will not be included as an individual or corporate alternative minimum tax preference 80250741.5 E -3 -518- item under section 57(a)(5) of the Internal Revenue Code of 1986 (the "Code "). In expressing the aforementioned opinions, we have relied on, certain representations, the accuracy of which we have not independently verified, and assume compliance with certain covenants, regarding the use and investment of the proceeds of the Certificates and the use of the property financed therewith. We call your attention to the fact that if such representations are determined to be inaccurate or upon a failure by the City to comply with such covenants, interest on the Certificates may become includable in gross income retroactively to the date of issuance of the Certificates. EXCEPT AS STATED ABOVE, we express no opinion as to any other federal, state, or local tax consequences of acquiring, carrying, owning, or disposing of the Certificates. WE CALL YOUR A I tENTION TO THE FACT that the interest on tax - exempt obligations, such as the Certificates, is included in a corporation's alternative minimum taxable income for purposes of determining the alternative minimum tax imposed on corporations by section 55 of the Code. WE EXPRESS NO OPINION as to any insurance policies issued with respect to the payments due for the principal of and interest on the Certificates, nor as to any such insurance policies issued in the future. OUR SOLE ENGAGEMENT in connection with the issuance of the Certificates is as Bond Counsel for the City, and, in that capacity, we have been engaged by the City for the sole purpose of rendering an opinion with respect to the legality and validity of the Certificates under the Constitution and laws of the State of Texas, and with respect to the exclusion from gross income of the interest on the Certificates for federal income tax purposes, and for no other reason or purpose. The foregoing opinions represent our legal judgment based upon a review of existing legal authorities that we deem relevant to render such opinions and are not a guarantee of a result. We have not been requested to investigate or verify, and have not independently investigated or verified any records, data, or other material relating to the financial condition or capabilities of the City, or the disclosure thereof in connection with the sale of the Certificates, and have not assumed any responsibility with respect thereto. We express no opinion and make no comment with respect to the marketability of the Certificates and have relied solely on certificates executed by officials of the City as to the current outstanding indebtedness of the City, the assessed valuation of taxable property within the City, and the revenues of the City additionally pledged to the payment of the Certificates. Our role in connection with the City's Official Statement prepared for use in connection with the sale of the Certificates has been limited as described therein. OUR OPINIONS ARE BASED ON EXISTING LAW, which is subject to change. Such opinions are further based on our knowledge of facts as of the date hereof. We assume no duty to update or supplement our opinions to reflect any facts or circumstances that may thereafter come to our attention or to reflect any changes in any law that may thereafter occur or become effective. Moreover, our opinions are not a guarantee of result and are not binding on the Internal Revenue Service (the "Service "); rather, such opinions represent our legal judgment based upon our review of existing law and in reliance upon the representations and covenants referenced above that we deem relevant to such opinions. The Service has an ongoing audit program to determine compliance with rules that relate to whether interest on state or local obligations is includable in gross income for federal income tax purposes. No assurance can be given whether the Service will commence an audit of the Certificates. If an audit is commenced, in accordance with its current published procedures the Service is likely to treat the City as the taxpayer. We observe that the City has covenanted not to take any action, or omit to take any action within its control, that if taken or omitted, respectively, may result in the treatment of interest on the Certificates as includable in gross income for federal income tax purposes. 80250741.5 E -4 -519- Respectfully, 802507415 M. E. ALLISON & CO., INC. 950 East Basse Road, Second Floor San Antonio, Texas 78209 Financial Advisor -520- 27 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 9, 2008 AGENDA ITEM: A) Motion authorizing the City Manager, or designee to accept and execute all related documents for a Museums for America Grant from the Institute of Museum and Library Services in the amount of $150,000 for the exhibit, "Voyage: A Journey Through Our Solar System" to be installed along Shoreline Blvd. B) Ordinance appropriating $179,600 into the Museum Grants Fund No. 1069 for the purchase of the exhibit, "Voyage: A Joumey Through Our Solar System" from the following sources: Museums for America Grant in the amount of $150,000 from the Institute of Museum and Library Services, $15,000 cash donation from the Corpus Christi Independent School District Foundation, $11,000 cash donation from American Bank, and $3,600 cash donation from the Friends of the Corpus Christi Museum of Science and History; and declaring an emergency. C) Motion authorizing the City Manager, or designee, to execute an agreement with Exhibitology, LLC in the amount of $179,600 for the fabrication of the exhibit "Voyage: A Journey Through Our Solar System." ISSUE: The grant must be accepted and appropriated along with the promise of matching funds through the Corpus Christi Independent School District Foundation and the exhibit agreement must be approved. The contract with Exhibitology must be fully executed by October 1 to avoid the $35,000+ exhibit price increase which will go into effect on October 1, 2008. REQUIRED COUNCIL ACTION: Approve passage of the three proposed motions. PREVIOUS COUNCIL ACTION: On September 11, 2007 City Council passed a resolution approving the submission of a grant application to the Institute of Museum and Library Services to fund the placement of the Voyage exhibit on Shoreline Boulevard, approving the solicitation of matching funds on behalf of the City to acquire and place the Voyage exhibit; approving placement of the Voyage Exhibit on Shoreline Boulevard; and agreeing to manage the installation and undertake the maintenance of the exhibit. CONCLUSION AND RECOMMENDATION: Council approval of these actions is recommended. Rick Stryker t, Saail _y Gavlik v Museum of Science and History Parks and Recreation Attachments -523- BACKGROUND INFORMATION This action initiates a two year project. During the first year IMLS funds will be used to purchase and install the exhibit. It will take approximately 21 weeks to fabricate. During the second year the additional programming provided by Journey through the Universe will be acquired with funding from private donations and in -kind costs associated with the participation of local schools. This exhibit and programming will address the common goal of science enrichment and understanding. Journey involves national experts, professional development workshops, family science programs and Earth and Space Science K -12 curriculum content. The total project expenditure over the two years is expected to be approximately $405,969 including $150,000 from IMLS, $120,858 in private cash contributions, and $135,111 in kind contributions. This exceeds the IMLS 1:1 grant match requirements. The Corpus Christi Museum of Science and History is partnering with local public school districts including Corpus Christi, Flour Bluff, London, Tuloso- Midway, and West Oso, the Region 2 Education Service Center, Seashore Middle Academy, and Seashore Leaning Center to purchase and install the exhibit Voyage: A Journey through our Solar System. Voyage: A Journey through our Solar System is a one to 10- billion scale model of the Solar System that was developed by the National Center for Earth and Space Science Education in close partnership with the Smithsonian Institution. The exhibit permanent installation on the National Mali in Washington, DC consists of 13 stanchions of aluminum, porcelain enamel and crystal, spanning a distance of 600 meters (2,000 ft). Voyage is a precedent- setting exhibit reflecting a seamless fusion of sculpture and science education that was designed for replication and permanent installation in communities across the nation and around the world. The vision is to change how millions of people view the nature of their existence on this tiny planet in a vast space. The National Center for Earth and Space Science Education is making replicas of Voyage available on a strictly full cost - recovery basis, for $179,600. Voyage is designed to serve as the focal point for diverse community programming using the power of models to understand Earth's place in the Solar System and the Sun's place among the stars. The exhibit includes materials for schools: a comprehensive suite of grade K -12 lessons, capable of being adapted by school districts in their space science curriculum and pre -and post- exhibition visit activities for classroom use. Visitor information provided in a tour brochure will enable self - guided tours. Educational content and programming will be incorporated such as docent guided tours, programs for families and the public offered at the Museum and other educational science centers, and classroom visits by planetary scientists to talk about exploration on the frontier. In the context of this programming and educational content, the Voyage exhibit will become the centerpiece of a 'Learning Community Model' for community-wide science education. Purchase of the exhibition includes electronic copies of all lessons, and other educational resources, a kick -off professional development workshop, and a family /public program as part of the opening ceremonies. Journey through the Universe is a national science education initiative that uses the earth and space sciences, and aeronautics and astronautics to captivate entire communities, taking students, families, educators, and the public to the frontiers of exploration. This important addition to the Voyage exhibit will provide national teams of educators, scientists, and engineers who can customize programming and lessons for grades K -12, comprehensive enough to be adapted to a school district's earth and space science curriculum. Journey also provides ongoing access to educational resources and opportunities. The Voyage exhibit will be installed along Shoreline Blvd. on the Corpus Christi bayfront for public access and will address the need to understand how science impacts our lives. Supported by Museum programs and integrated into school district science curriculums, the importance of Voyage and the associated programming offered through Journey will have a lifelong effect on the citizens, visitors, students and educators of today and tomorrow. -524- Page 1 of 1 ORDINANCE APPROPRIATING $179,600 INTO THE MUSEUM GRANTS FUND NO. 1069 FOR THE PURCHASE OF THE EXHIBIT, "VOYAGE: A JOURNEY THROUGH OUR SOLAR SYSTEM" FROM THE FOLLOWING SOURCES: MUSEUMS FOR AMERICA GRANT IN AMOUNT OF $150,000 FROM THE INSTITUTE OF MUSEUM AND LIBRARY SERVICES, $15,000 CASH DONATION FROM THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOUNDATION, $11,000 CASH DONATION FROM AMERICAN BANK, AND $3,600 CASH DONATION FROM THE FRIENDS OF THE CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $179,600 is appropriated into the Museum Grants Fund No. 1069 for the purchase of the exhibit, "Voyage: A Journey Through Our Solar System" from the following sources: Museums for America Grant in the amount of $150,000 from the Institute of Museum and Library Services, $15,000 cash donation from the Corpus Christi Independent School District Foundation, $11,000 cash donation from American Bank, and $3,600 cash donation from the Friends of the Corpus Christi Museum of Science and History. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 9th of September, 2008. CITY OF CORPUS CHRISTI ATTEST: Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: September 2, 2008 By: vett ssistan City Attorney For City Attorney -525- Corpus Christi, Texas day of , 2008 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, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon -526- 4gOLOGY BO George Street Paterson, NJ 07503 (973) 523 -0033, FAX (973) 523.3331 VQYAGE SOLAR SYSTEM AGREEMENT This Voyage Solar System Agreement (this "Agreement ") is made this 7 ? day of °P i ' 2008, (the "Effective Date") by and between Exhibitology, LLC, (EXHIBITOLOGY) and the City of Corpus Christi. a Teaas_hnme -nde municipal corporation (the "Client") (each a "Patty" and collectively the "Parties "). WHEREAS Voyage was introduced to the nation on October 17, 2001, in the form of a permanent scale model of the Solar System installed un the National Mall, in Washington, DC, in partnership with the Smithsonian Institution and NASA. WHEREAS the Voyage Program is intended to make replicas of the National Mall exhibition available for permanent installation at sites world -wide, together with educational materials and programming in support of and in order to enhance the exhibition experience, and with the goal of establishing a network of Voyage communities conducting sustainable programming. WHEREAS EXUIBITOLOGY currently has the authority to work directly with a community interested in becoming a Voyage Community to: help develop a coalition of interested stakeholders, support proposal writing and other fundraising activities, help identify an appropriate site for the exhibition, identify locations and installation requirements for the stanchions, fully define all custom information for the exhibition, shepherd exhibition fabrication through multiple review and signoff phases, and assist with the planning and delivery of educational programming. WHEREAS EXHIBITOLOGY is also currently responsible for the development and distribution of all Voyage educational and other materials, including grade K-12 lessons, tour brochures, marketing packages, web sites, and community support documentation. WHEREAS Client wishes to participate in the Voyage Program and become a Voyage Community. NOW THEREFORE, the parties intending to be legally bound hereby agree to the terms and conditions set forth herein 1. PURCHASE OF VOYAG4 SOLAR SYSTEM EXHIBIT. Client agrees to purchase and EXHIBITOLOGY agrees to sell a Voyage Solar System exhibit (hereafter referred to as the "Voyage Solar System Exhibit ") for permanent installation by the Client. Elements that are included in this Agreement for the purchase of a Voyage Solar System Exhibit, optional oientonta ptnehasable separately lsy tl... Cli■.t, and Whet eapcctatl sod potential expenses not 1 —527— covered in the Agreement and borne by the Client, are described in the attached hereto and incorporated herein as Exhibit A. 2. CLIENT SIT .. The Client shall designate a site at which the Voyage Solar System Exhibit will be permanently placed. Client shall be responsible for securing all permissions, permits, licenses and authorizations for placement of the Voyage Solar System Exhibit at the community site and shall provide EXHIBITOLOGY with copies of all required approval documents for placement of the Voyage Solar System Exhibit at the site. EXIfDITOLOGY will not be required to perform under this Agreement until all required approval documents are provided by the Client. 3. TIME OF PERFORII1t1ANCE. EXHIBITOLOGY will provide the Voyage Solar System Exhibit in accordance with the Schedule of Performance agreed to by both Parties and attached hereto and incorporated herein as part of Exhibit B. The Start Date for Design and Production (T=0 weeks on the Schedule of Performance) shall be November 5.2008. The expected date for the exhibition to be ready for shipment to the Client is 19 weeks later on March 18. 2Q09. The date of arrival at the Client's ship - to site is dependent on arrangements made by the Client for payment of shipping costs, which are not covered by this Agreement. EXHTRTTOT.OGY agrees to use its best efforts to adhere to the timefran c cstabUshed by the Schedule of Performance. Client acknowledges that EXHIBITOLOGY may encounter delays due to causes beyond its control, including without limitation, acts of God, and difficulties in obtaining subcontracted material (porcelain enamel storyboards, laser - sculpted crystal art, and laminated tempered glass.) In the event of such delay, EXHIBTI'OLOGY shall promptly notify Client in writing of the delay and EXHIBITOLOGY's obligation under the Schedule of Performance shall be extended for a reasonable period as agreed upon by the Parties or, if measurable, a period equal to the time lost by such delay. In no event shall EXHIBITOLOGY be penalized or be in default for delay in performance for the foregoing reasons. 4. MICE, PAYMENT. METHOD OF PA3CMENjIAND TAXES. The total cost for the Voyage Solar System Exhibit is One Hundred Seventy Nine Thousand and Six Hundred Dollars $179,600.00 ( "Total Cost "). Client shall make payments as follows: a. 40% ($71,840) is due by September 30, 2008; b. 25% ($44,900) is due on reaching the 50% exhibit completion milestone; c. 25% ($44,900) is due on reaching the 95% exhibit completion milestone; and d. 10% ($17,960) is due on delivery of the exhibit. All payments are due thirty (30) days after receipt of invoice. All amounts payable under this Agreement are exclusive of any sales, use, excise. property or any other taxes arising hereunder. Late payments will accrue interest at a rate equivalent to one and one half (1.5 %) per month or the highest rate permitted by Iaw, whichever is less. All fees due hereunder shall be paid in United States dollars, by check drawn on. a United States bank or by wire transfer to an account designated by EXHIBITOLOGY. The Total Cost does not assume other expenses that Client will or may have to separately incur, including without limitation, cost of freight from. EXHIBITOLOGY in Paterson, NJ, to the community ship -to site, costs associated with site preparation, installation, regular cleaning and maintenance of the Voyage Solar System Exhibit, insurance against vandalism, copying of various material associated with the Voyage Solar Exhibit (e.g. tour brochures, activity guides, grade K -13 lessons. etc.), and other 2 —528— maintenance and associated costs. Expected and other potential expenses to the Client are provided in Exhibit A. 5 , warrants to the other that: S. EXHIBITOLOGY and Client each represents and a. It will comply with all federal, state, local and municipal laws, rules and regulations that are now or may in the future become applicable to the Party's responsibilities covered by this -- Agreement; and b. It has the full right, power, and authority to enter into this Agreement and each agreement, document, and instrument to be executed pursuant to this Agreement and to carry out the transactions contemplated hereby. 6. VOYAGE SOLAR SYS'T'EM EXHIBIT WARRANTY The Voyage Solar System Exhibit warranties are described in the attached hereto and incorporated herein as Exhibit C. 7, DISCLAIMER OTHER THAN AS SPECIFICALLY SET FORTH HEREIN, EXHIBITOLOGY MAKES NO WARRANTIES, OR TERMS OR CONDITIONS (EXPRESS, IMPLIED OR STATUTORY), AS TO THE VOYAGE SOLAR SYSTEM EXHIBIT OR ANY OTHER MATTER UNDER THIS AGREEMENT AND EXHIBITOLOGY DISCLAIMS ANY AND ALL OTHER WARRANTRIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY. 8. LIbIITATION OF LIABILITY. EXHIBITOLOGY SHALL NOT BE LIABILE FOR LOST PROFITS, REVENUES, OR ANY SPECIAL OR CONSEQUENT JAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT FOR ANY DAMAGES, NOR SHALL EXHIBITOLOGY'S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY CLIENT TO EXHIBITOLOGY HEREUNDER. 9. MM1. This Agreement will commence on the Effective Date and continue until the completion of the last undertaking provided for in the Schedule of Performance or another date as determined in writing by the Parties. 10. TERMINATION. Either Party may terminate this Agreement by giving thirty (30) days written notice in the event that the other Party commits a material breach or substantial default of obligations under this Agreement that is not cured after thirty (30) days from the receipt of written notification of such breach. Upon the effective date of termination of this Agreement all obligations under this Agreement expire, except those set forth in Paragraph 5, 6, 7, 8, 9, and 12 —18, which shall survive the termination or expiration of this Agreement. 11. RELATIONSHIP OF PARTIES. EXHIBITOLOGY and Client are and at all times shall be and remain independent contractors as to each other, and at no time shall either be deemed to be the agent of the other, and no joint venture, partnership, agency or other relationship shall be created or itnplied hereby or herefiom. Except as is expressly set forth herein, each Party shall bear full and sole responsibility for its own expenses, liabilities, costs of operation and the like. 3 —529— 12. RROPRIETARY MATERIALS. Client shall have the full use of the replica Voyu8e Solar System exhibit and a nonexclusive license to use any Voyage Solar System exhibit educational and programming materials. EXHImITOLOGY retains all proprietary rights to such materials and Client acquires no ownership or proprietary rights in the Voyage Solar System exhibit materials. 13. SRVERA,I33Li y. If any provision of this Agreement or its application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of the Agreement, or the application of such provision in other circumstances, shall not be affected thereby, and each provision shall be valid and enforced to the fullest extent permitted by law. 14. WAIN/SR. No requirement of the Agreement shall be deemed waived or varied, nor shall. either Party's failure or delay to take advantage of any default of the other Party constitute a waiver of a Party's rights hereunder, or a waiver of a Party's right to take advantage of any subsequent or continued breach by the other Party of any covenant, term or condition contained in this Agreement. 15. NOTICES. Any notice, payment, request, instruction, or other document to be delivered hereunder shall be deemed sufficiently given, if in writing and given by personal delivery, by certified mail, return receipt requested, postage prepaid, or by facsimile transmission to: Client Name: _ Title: Address: Phone: Rick Stryker Museum Director 1900 N. Chaparral St Corpus Christi. TX 7840 361- 826 -4660 4 —530— Exhibitology Name: Title: Address: Phone: Richard Rew President 80 George St Paterson. NJ 07503 973 -523 -0033 16. ENTIRE AGREEMENT. This Agreement supercedes all prior agreements and constitutes the entire understanding between the parties hereto and no modification or amendment thereof will bind either party unless it shall be in writing and signed by persons authorized to bind both parties to the Agreement. IN WITNESS WHEREOF, each Party has caused this Agreement to be executed on its behalf by a duly authorized o ' cer as of the Effective Date. Exhibitolo By: Name: Tide: cr{ +" rs'iii President Date: April 1, 2008 Client By: Name: 'Title: Date; —531— 5 Exhibit A: the Voyage Solar System Exhibit I Z he Agreement for the mtrchase of a Vovgpe Snlar mstem Exhibit provides the fallowing: a. The complete exhibition, consisting of 13 stanchions: • one 8.5 -foot tall stanchion for the Sun, with the Sun represented at the one to 10- billion scale as a gold anodized sphere, and the name `SUFI' in recessed block lettering for the vision impaired; • nine 8.5 -foot tall stanchions for the eight planets, and the dwarf planet Plutn; each containing a raised aluminum hemisphere as a tactile representation of the planet at the one to 10- billion scale, and the name of the planet in recessed block lettering for the vision impaired; ▪ three 3.67 -foot tall stanchions for comets/asteroids, a description of the Solar System, and a description of the Solar System as part of the Milky Way galaxy. The latter two include a customized acknowledgment of fimders; • all stanchions made from solid 6061 aluminum, with all exposed surfaces finished with clear anodize; • each of the nine stanchions for the eight planets and Pluto containing their respective model worlds, and moots witetc appropriate, laser - sculpted at the one to 10- billion scale in 3- dimensions inside solid crystal block, with a hardened (tempered) glass front face laminated to the crystal. • a porcelain enamel storyboard on each stanchion with high resolution, full color imagery and text. Each storyboard includes a customized site map providing the visitor's location relative to the other 12 stanchions and local landmarks. Each unique storyboard is comprised of a full bleed photographic image. Figure 1 provides the standard storyboard layout and embedded elements. As part of the 'Directional Signage' element, the average number of steps to adjacent stanchions is only included if stanchions are located along a reasonably straight pathway. h. Site determination, installation, and maintenance documentation, and ongoing support for these activities from EXHIBITOLOGY. c. Master electronic files for the Voyage K -13 Education Lessons and family/home activities, d. Master, electronic files for the Activity Guide and Tour Brochures. e. Two programs delivered by EXHIBITOLOGY, during a single visit to the community, as part of opening event activities: • A half- to full -day professional development workshop for up to 60 classroom educators, and informal educators from museums /science centers. on the use of the exhibition and the Voyage educational materials. • A family /public program for 200 -2,000 attendees as a community -wide awareness building activity. See: httoU/ iountevthrougbtbeuniverse .org/prol ram overview /po fan.html f. Ongoing access to resources at the program web site. g. Ongoing access to educators and planetary scientists as they are available, to assist the community's educators with questions in both science content and pedagogy. II. The following additional services are not covered by the Agreement for the purchase of a Voyage Sular Svstern Exhibit, but can purchased separately by the Client frgntEXHIBITQLOGY on a cost recovery basis: • A site survey by the Voyage Program Director, Dr. Jeff Cioldstein. • A site survey by the Voyage exhibition designer, Vincent Ciulla. 6 —532— • A presentation on site for potential stakeholders, to help create community `buy -in' for the program, by the Voyage Program Director, or an appropriate staff member. • Curriculum materials customized to local education standards in the Earth and Space Sciences. • Supplemental, community -wide programming through the Journey through the Universe program, which can include a Journey through the Universe Week as an opening event (visit http: //j ournevthroughtheuniverse. org.) Figure 1 III, Additional expenses, and potential expenses. to the Client not covered by the Agreement for the purchase of a Vovane Solar Svstem Exhibit • Cost of optional travel by a representative of Client to EXHIBITOLOGY in Paterson, NJ, for an inspection of the. exhibition on 50% completion. • Cost of optional travel by a representative of Client to EXHIBITOLOGY for an inspection of the 7 —533— exhibition on 95% completion. • Cost of required travel by a representative of Client to EXHIRTTOLOGY for final inspection and approval of exhibition on 100% completion, and prior to shipping to the Client's site. • Cost of shipping of the exhibition from EXHIBITOLOGY to the Client's site. • Site preparation and installation. at a minimum requiring construction of 1.3 small concrete footings. • Regular exhibition cleaning. • Insurance against vandalism. • Copying of tour brochures, activity guide, grade K-1 3 lessons, and family/home activities for dissemination to the general visitorship, educators, and families. • Note that costs associated with EXHIBITOLOGY staff time and travel to deliver the professional development workshop and family /public program are covered as part of the signed Agreement with EXHIBITOLOGY. Also note that EXHIBITOLOGY will make available PDF master copies of all printed matter needed for the programs (lessons packages and handouts for the workshop, flyer for family /public program, and assessment questionnaires). However, the Client is responsible for all costs associated with: copying, binding (if needed), and distributing the PDF masters to attendees at the programs; gathering and distributing all educational supplies needed for the inquiry-based activities to be conducted by the workshop attendees; venue rental; securing needed AV equipment; and advertising. 8 —534— Exhibit B: Voyage Exhibition General Timeline and Milestones from Signing of Agreement through Delivery This document provides the timeline and milestones to be expected once a Client commits to moving forward with the installation of a Voyage exhibition and signs an Agreement with EXHIBITOLOGY for the purchase of a Voyage Solar System Exhibit. 1. Pre - Agreement Phase For installation of a Voyage exhibition to be realized in a community, a local organization and/or individual has to take on responsibility as champion -- for the project (see htto: / /www.vovae solarsystem .orsdrallving/rallvinw default.html) and spearhead community-wide buy - in, project approval, and fundraising. - This pre-Agreement phase also includes identification of the general site for the exhibition, and approval to install the stanchions on the site by relevant land management agencies. To assist in site identification and approval the following documents are available: • Selecting a Site for Voyage and Deteernitting the Precise Location of the Stanchions • Installation Options for the Voyage Exhibition 2. Agreement and Schedule of Performance Once community approval is granted for the project, and funding is secured, an Agreement is signed between the Client and EXHIBITOLOGY. EXHIBITOLOGY will send two signed copies of the Agreement to the Client, once EX1:11131TOLOGY is in receipt of a formal letter of approval for placement of the Voyage Solar System Exhibit at the Client's site. To fully execute the Agreement, the Client must send a signed copy of the Agreement and payment for installment 1 1 to EXHIB!TULOUY so they are received by EXHIBITOLOGY by September 30, 2008. As part of the Agreement process, a Schedule of Performance is defmcd which identifies milestones from Agreement signing through exhibition and program delivery. The Schedule of Performance is attached. It takes typically 21 weeks from the time exhibition Design and Production begins until delivery of the exhibition on site. For Design and Production to begin the Agreement between the Client and EXIIIDITOLOGY must be fully executed. The start date for Design and Production (the start of the 21 -week clock) is set by EXHIBITOLOGY, and is dependent on what other jobs are already in the production queue. An earlier start date than would otherwise be possible can be accommodated if EXHIBITOLOGY hires temporary machinists under contract. However, this will likely increase production costs by a very substantial 5O %. 3. Client- Provided Site - Specific Information for the Exhibition Four weeks after Design and Production begins (see attached Schedule of Performance), all site-specific information is due to EXHIBITOLOGY. This information is required for the design of the porcelain enamel storyboards. This includes four elements, each requiring sign -off by the Client 9 —535— • The precise location of the exhibition's 13 stanchions relative to the model Sun. EXJIIBITOLOGy review of this information ensures an accurate scale model of the Solar System. See document: Client Signoffor Voyage Exhibition Stanchion Locations. • An accurate site map with the precise locations of all stanchions identified relative to local landmarks. A graphical representation of this map is included on all stoxyboards and in the customized tour brochure. See document: Client Signcff for Voyage Exhibition Customized Element #la: Site Map. • The orientation of each stanchion relative to the walking path (on the left or right of the path). See document: Client Signof° for Voyage Exhibition Customized Element #lb: Stanchion Orientation. • The customized acknowledgement of finders that can be included on two storyboards. See document: Client Signof for Voyage Exhibition Customized Element #2: Storyboard Acknowledgement This information is provided to EXHIBITOLOGY by the Client. Given that EX.HIBITOLOGY's review of the submitted information may reveal still -to-be resolved issues, we strongly advise that the Client provide this information to EXIIIRITOLOCY before Design and Production begins to ensure it is available 4 weeks later. If the information is not provided on time, then the Design and Production schedule is put on hold by and accordingly impacts the Schedule of Performance in this Agreement. 4. Design, Production, and Delivery The attached Schedule of Performance identifies a number of milestones for review, comment, and sign - off by both EXHIBITOLOGY and the Client regarding the storyboard layouts and the exhibit structures. The storyboard layouts are reviewed using both electronic and paper layouts that are sent to the reviewers. The exhibit structures are available for review at EXHIBITOLOGY's shop in Paterson, NJ, at the 50 %, 95 %, and 100% completion milestones. On -site review by representatives of the Client at 50% and 95% completion milestones are optional. On -site review by representatives of the Client are mandatory for the 100% completion milestone. A limited number of photographs of the exhibit structures will be made available electronically by EXHIBITOLOGY at the 50 %, 95 %, and 100% completion milestones. Travel costs for a representative of the Client for all on -site review are borne by the Client and are not included as part of the signed Agreement with EXHIBITOLOGY. Signed warranties are provided to the Client at the on -site review of the 100% exhibit structure, and signoff at this time authorizes the fabricator to ship the exhibit to the Client. All shipping charges are borne by the Client and are not included as part of the signed Agreement with EXHIBITOLOGY. Installment #2 (of 4) is to be paid to EXHIBITOLOGY on Client signoff of the 50% exhibit structure. Installment 113 (uf 4) is to be paid on Client signoff of the 95% exhibit structure. Installment #4 (of 4) is to be paid on. receipt of the exhibition at the Client's designated ship -to site, after inspection of the exhibition. 10 —536— 5. Installation The Client will need to construct concrete footings for all stanchions. The document Installation Options for the Voyage Exhibition provides the specifications for the footings, and the detail for attaching the stanchions to the footings. EXHIBITOLOGY will provide the Client a template identifying the location of the stanchion base plate holes so that the bolts projecting from the footing can be correctly positioned by the vendor pouring the footings. All costs associated with the construction of the concrete footings are borne by the Client and are not included as part of the signed Agreement with EXHIBITOLOGY. Installation of the exhibition can take place as soon as the exhibition arrives at the Client's ship to site. The Client should therefore coordinate as appropriate the construction of the footings with the projected atrivaI of the exhibition. 6. Educator Workshop and Public/Fondly Program A professional development workshop and family /public program are conducted in the community by F.XHIRTTOLOGY_ These programs are meant to be elements of the opening event. The date of these programs will be decided jointly by the Client and EXHIBITOLOGY based on the Client's desired program schedule. EXHIBITOLOGY conducts the two programs as part of a single trip to the community. Costs associated with EXHIBITOLOGY travel and staff time for these programs are covered as part of the signed Agreement with EXHIBITOLOGY. EXHIBITOLOGY will make available master copies of all materials needed for the program as PDFs (lessons packages and handouts for the workshop, flyer for family /public program, and assessment questionnaires). The Client is responsible for all costs associated with venue rental, securing the needed AV equipment (e.g., computer with LCD projector, screen, wireless leveller mic, CD player), advertising, copying of materials for attendees of the programs, and gathering of all educational supplies to be used by attendees at the workshop. 7. Cleaning Recommend frequency of, and directions for ongoing cleaning of the exhibition are detailed in the document: Voyage Exhibition Cleaning Protocols. 11. —537— Schedule of Performance PHASE Contracting Phase Agreement between Client and Exhibitolo receipt of installment #11 and site approval documentation from requires Exhihit�ingy to be in DELIVERY DATE Reflects review & eeement and Agreement and sub - contract A. Start of Design and Production Start date set by Exhibitology. T = 0 weeks D. Deadline for Submission to Exbibitology of Site,SpedficInformation This includes all site - specific information to be provided by Client. T+4 weeks C. Submission to Client of preliminary graphic layouts as PDFs Graphic layouts of the porcelain enamel storyboards. Layouts include all text and imagery to be contained on the storyboards. Graphic layouts are generated by Exhibitology and submitted for Exhibitology internal review, and to Client for review. Reviewers have one week to submit comments to Exhibitology. T + 6 weeks D. Submission to Client nt revised graphic layouts as PDFs and paper full scale proofs of storyboards Graphi4 layouts are generated by Rxhihitoingy and submitted for Exhibitology internal review, and to Client for review. Reviewers have one week to submit comments to Exhibitology. Reviewers sign -onto proceed to porcelain enamel production. T + 8 weeks E. Inspection of 50% exhibit structures at Exhibitology's facility Optional inspection by Client in Paterson, NT, and required sign-off by Client to proceed. Installment in (of 4) le paid by Client to Exhibitology. T + 13 weeks F. Seaena Delivery to Exhibitology of nine crystal elements Exhibitology inspection and acceptance at Exhibltolo4Y facility. T + 13 weeks G. Inspection of 95% exhibit completion at Exhibitology's facility Allows for identification of any punch -out items reganliug metalwork, porcelain enamel, and glass elements. Optional inspection by Client in Paterson, NJ, and required sign -off by Client to proceed. Installment #3 (of 4) is paid by Client to Exhibitology. T + 16 weeks II. Final Inspection (100 %) at Exhibitology's Facility Required inspection by Client in Paterson, NJ, and required sign -offhy Client for shipment. Client presented signed warranties. T + 18 weeks I. Shipment of completed exhibit to Client T + 19 weeks J. Client receives exhibition at their site Installment 44 (of 4) is paid by Client to Exhibitology. T + 21 weeks X. Opening Event Programs Exhibitology delivers professional development workshop and family /public program. Date to be determined 1.2 —538— Vovaae Exhibition Schedule of Performance: Projected Dates for Corpus Christi PHASE DELIVERY DATE Contracting Phase Agreement between Client and Exhibitology is fully executed: requires Exhibitology to be in receipt of installment #I and site approval documentation from Client. Reflects review & sign -off of Agreement and sub - contract A. Start of Design and Production Start date set by Exhibitology. T = 0 weeks ,,,k ets I?f,E 5 B. Deadline for Submission to Exhibitology of Site - Specific Information This includes all site - specific information to be provided by Client. T + 4 weeks ik'ki.'Mt = <'r ` C. Submission to Client of preliminary graphic layouts as PDFs Graphic layouts of the porcelain enamel storyboards. Layouts include all text and imagery to be contained on the storyboards. Graphic layouts are generated by Exhibitology and submitted for Exhibitology internal review, and to Client for review. Reviewers have one week to submit comments to Exhibitology. T + 6 weeks D. Submission to Client of: revised graphic layouts as PDFs and paper full scale proofs of storyboards Graphic layouts are generated by Exhibitology and submitted for Exhibitology internal review, and to Client for review. Reviewers have one week to submit comments to Exhibitology. Reviewers sign -off to proceed to porcelain enamel production. T + 8 weeks :?t,;}- ottity : E. Inspection of 50% exhibit structures at Exhibitology's facility Optional inspection by Client in Paterson, NJ, and required sign -off by Client to proceed. Installment #2 (of 4) is paid by Client to Exhibitology. T + 13 weeks F. Seaena Delivery to Exhibitology of nine crystal elements Exhibitology inspection and acceptance at Exhibitology facility. T + 13 weeks G. Inspection of 95% exhibit completion at Exhibitology's facility Allows for identification of any punch -out items regarding metalwork, porcelain enamel, and glass elements. Optional inspection by Client in Paterson, NJ, and required sign -off by Client to proceed. Installment #3 (of 4) is paid by Client to Exhibitology. T + 16 weeks H. Final Inspection (100 %) at Exhibitology's Facility Required inspection by Client in Paterson, NJ, and required sign -off by Client for shipment. Client presented signed warranties. T + 18 weeks 1. Shipment of completed exhibit to Client T + 19 weeks .1. Client receives exhibition at their site Installment #4 (of 4) is paid by Client to Exhibitology. T + 21 weeks K. Opening Event Programs Exhibitology delivers professional development workshop and family /public program. Date to be determined 1 —539— Exhibit C: Voyage Solar System Exhibit Warranties EXHIBITOLOGY, LLC, in Paterson, NJ, is the prune contractor for exhibition fabrication. EXHIBITOLOGY carries out all metal work, is responsible for component integration, and ships the exhibition to the Client. EXHIBITOLOGY subcontracts the fabrication of the porcelain enamel panels (storyboards) to Wilbur Fireform, LLC, fabrication of the 3 -1) laser- sculpted crystal elements to Seaena, and lamination of tempered glass faceplates. EXHIBITOLOGY and all three subcontractors deliver state -of- the -art product, and in materials that have been chosen for Will elegance and durability. The Voyage exhibition is covered by warranties from MCRIBITOLOGY and from Winsor Fireform, LLC. See attached tmexecuted sample warranty letters, which serve to define the conditions of warranty coverage. There is no warranty on the laser- sculpted glass elements. EXHIBITOLOGY will receive the porcelain enamel panels from Winsor Fireform. and after careful inspection fur any defects, will permanently attach these panels to the exhibition. Winsor Fireform provides a 5 -year warranty against manufacturer's defects in the porcelain enamel panels. If such defects are identified by the Client after delivery, and recognized as such by Winsor Fireformn as per their warranty, then EXHIBITOLOGY will remove the defective panel(s) and reinstall the replacement panel(s). For panels) damaged as a result of vandalism, it is the Client's responsibility to cover the cost of replacement panels, removal of the old panels, and reinstallation. See Winsor Fireform's warranty for coverage concerning damage due to vandalism. A signed EXHIBITOLOGY warranty will be provided to the Client once the Client signs off on final inspection of the exhibition at EXIHIBTTOLOGY's facility in Paterson, NJ. Winsor Fireform's warranty will be signed upon shipment of the porcelain enamel panels to EXHIBITOLOGY. EXHIBITOLOGY will provide the Client with Winsor Pirefotm's warranty on rued inspection. 13 —540— 00 George 91rrm4 Patelswh, NJ 07503(S/ 4) 524.0033. FAX 49731 523-3331 Exhibitology LLC Limited Warranty This Warranty Is Issued to: Manned Spaceflight Education Foundation, Inc. or Its assignee, (hereafter referred to as the "warrantee ") for the product produced by Exhibitoiogy LLC (hereafter referred to as "Exhibhology`) for the Voyage Snare Model of the Solar System. The Voyage Scale Model of the Solar System Is warranted by Exhibitology for one year from the date of acceptance and approval of the product by the warrantee at Exhibltologv's facility. The warranty covers repair or replacement at the warrantor's option. The warranty is transferable to one entity during the one year warranty period. The warranty covers defects In workmanship, Warranty carvIr* will be free of charge including such costs as travel, shipping, and replacement. This warranty does not cover any part or component of the Solar System Model that has been damaged due to accident, Improper Installation, failure to follow maintenance Instructions, misuse, vandalism, fire, flood, "Acts of God," and /or other contingencies beyond the control of Exhlbitologv. This warranty does not cover In any way, shape, or form the performance of the laser etched glass. This warranty does not cover damage to the porcelain enamel panels. All warrany repair must be performed by Exhibitology staff. If claimed defect cannot be identified during a service call or If the defect is found to be something not covered under the warranty, the warrantee will be held responsible for reasonable travel and labor costs incurred, Richer Rew Accepted by: Presld�nt Exhibi logy Norse: Title: -- - - -. Dater- 14 —541— I4 EF R Product Warranty This warning is tried to the Ewing Marion Neuman Pouodahnn or ifs nssignee(here after referred in as the "customer ") for the product produced by Wimor Phefarm, LLC thereafter referred mar "Winsor') fur the project dcacdbcd as follows: (10) 15 -lir x 29.27 and (3) 1725" x 29.25" flat oval pnnxlain enamel panels. ten (101 with n truncated top and a vertical notch in the canter. Minh unions panel is comprised of a full hived phomgiapIik image. The wan'unly is transferable to one entity. (Project Wx275) Winxerguarantees that pmdnet will be Ivc of *limit-mom sinfres at the time 61 shipment fans puragraph I helms). Should Winxoi r product dilation* or a result of m inareduring amts withal five years. Wieser will replace the affected productfacc paragraph 2 below). 1. It is W immix understanding that Exhibitelogy (.LC is responsible for fabrication of the exhibition. including receipt, axeplance, and matallmitm of the porcelain enamel panels. and tint the contract for the production of the panels will be jostled to Winner by Exhihitnlogy LLC. Ethihitelogy LI.0 will notify Winner of any signWsant deform within five business days afro amain ofproduct. A written exemption and photograph are to bc provided to Winsor. Winsor will determine if Fusels are to bc returned for repairs or if nobleman is roquimd. WO NOT RETURN TIIE PRODUCT WITHOUT PRIOR APPROVAL FROM WINSOR.) 2. Pack porcelain enamel product. that has scowling, pinholes. discoloration. training or glum reduction as n fault of a manufacturing error. as covered by this warranty will be repaired or replaced at no cost to the customer. ottc tiara doting dre five -year period commencing will the date us noted below in the oettiEcaton section of the d cwmcnt. Witmer recognizes that the porcelain enamel panels ore permanently installed in the wthibition, and that removal of the Noels without damage is not possible. Winsor will themfore matte a determinationof mannfitcturina mar kneed on phategraphn presided el'thc pn.ol(n). 3. Cnoamer will pay 5014 of the cost to repinee vandalized signs clueing the five-year period commencing with the date as noted below in the codification section of this document. See Ilan 5, 4. Our product has a 25 -year matronly against perceptible fading. 5. The film need in produce the product must be resolved at Wfrmofl plant before manulns.tmr' orit replacement product is scheduled. Customer wdd be responsible for providing all film (negatives. positives. and color separations) and any other materials needed le produce a replacement product The material will be provided to the Canine lo maintain in their tiles at completion of do original manufacture, If any materials are damaged or not usable, it will be theCY:stnmer's responsibility sod at the Customers expense to repair or replace them. S. WiNweWilt beree ponaiblc for /shipping charges for fPlas.uuaul pwmh it) u Cwvamar within the continental United States. 7, Exhlb(tolom' LLC is remonsible to ensureproper installation of the product and the customer is responsible to maintain the product. Whtsor's lability is limited solely to the parcel/tie enamel panels. No incidattal or conwquanial costs of any kind ore covered by this warranty. including. but not limitrd to. the costs of pantrenewal and reinstallation. 8. Wismar Fireetorni meets and mends porcelain enamel specifications for Architectural Porcelain Fadmei on Sad for Exterior Usc [PE 1:56100 (56)1 as tamed by the portclein mum/ Institute of Washington DC. ea Jinuash)pping lord) Data 3401 Wittman Road SW tel. 360386.8200 www.winaorflrcfnntl.Sgttt Tumwater. WA 98512 fax. 360.786.6631 igfo —ev49 gL[jpytilfJS) ewe 1.5 -542- c • V CU V c CU 0 M 0 0 ' 0.• 0 0 0 = — _ •.• • c E nIS O c Q CO 0 c6 A 0 0 0 (6 0 n 0 0 cm co >I% 0 A Journey through our Presented by a Consortium of: Corpus Christi Museum of Science and History Tuloso Midway Independent School District Corpus Christi Independent School District Flour Bluff Independent School District Education Service Center — Region 2 London Independent School District Calallen Independent School District st Oso Independent School District Diocese of Corpus Christi Schools St. James Episcopal School Island Foundation r'i Mi i _ *iii i�:TsT L E w O O (1) Q CD O 0) E U _0 O CO co O (U (ll U W _ m w c C > 0 0 > w - Q D (1) ca co Z W O -0 (/) w 4) W U (O % — c Z L w U c L 0 (1) x 0) — Q (ll as c X > V O 4) E co c W CD 0 -0 2 w Q 0 a) C ' V E co E 0 (0 U ( c c ) ) 'E- a) 4) U co iZ (n W O CD c co 0) co 4) D O L Q O 4) D O E O vi (1) 0) CD 0 E co a) U co COSZ c 0) CO 0) co w cts. 5N,z N O c - 0 O __ X Y J B O P 0 3 E F N vi ~ w t L- E U 0 E o t.S ov ° p O o m 0 6 E O O +' C o) — x r N b) 0 = fl-av2 RO N co ct T J -- v ° y U N Y a + 'c =y ,ao=oa -r> o m 0 J g 0 Z t a O E r„ _ a N _6 O a) O a) R • a 6 c c m a.) e O U U �� ° 6 a o N 7 m �, y ll 6> E 0 6 N 13 (6 .6 co cu CZ - c a ca a' o a, o u> .0 CO ° —' 6Q) 0 2cOd E • a) > 6 CO > • ( @ 0 Q N O) c_ 4) 0 a) CO a) L CO Q a) O c0 rcfl N Q a) '> • U) c0 w a) CO C L O O CO E s= O �. 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(a) O L 0 - D O >, ai 0 0- 0 n Q) CU" "t9 N O 0 l L CD CO (B 0 o c c ( Ct (0 •- S- 0 CU c O • D • O 0 O0 O N y 0 0 0) N 0 >, • a) a) E CO • c CO E CC) o O f O � c CCD) o c On-0 O >>,0_ • resourr ,.::. r .ii:jr - R t.": N c N 2 x w 0 J C 0 cn N C 2 C o o 0 0 0 0 0 0 O O O O (D O O (D Lri M o D N 0 N 0 r r M Museums for America American Bank Private Donation Friends of the Museum Lead Sponsor (not yet secured) Grant (not yet secured) Gross Revenue O u) 0 a) W CO 0) 0 CO C Q) N O O N r M a X W 0 J c 0 NN LL c Y c Purchase of Exhibit Exhibit Inspection Site Preparation and Installation Journey Family Science Nights Journey Week Programs N L1) O N D 0 I D O Teacher Workshops (304 teachers) Teacher Training Supplies (printing and packets) Exhibit Maintenance (city) C CO (O 1 a� o m °a c r r uj Classroom Instruction (304 classrooms) Printing (school districts) Field Trip Transportation (school districts) Science Night Facility (school districts) Total Project Expense November 5 A. Start of Design and Production December 3 B. Deadline for Submission to Exhibitology of Site - Specific Information December 17 C. Submission to Client of preliminary graphic layo E U d 0 0 O O L Q U w c_ coQ c LL 0 a N N Y O U_ Q R a W O Y c U 0 Y c O a (C N O 9 L O fn N • ■ 0 0 10 N L • L • L L L L .0 d d d LL LL LL E. Inspection of 50% exhibit structures at Exhibitology's facility F. Seaena Delivery to Exhibitology of nine crystal elements G. Inspection of 95% exhibit completion at Exhibitology's facility r CO r r U U r6 H. Final Inspection (100 %) at Exhibitology's Facility I. Shipment of completed exhibit to Client r J. Client receives exhibition at their site Q m F K. Opening Event Programs 28 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 9, 2008 AGENDA ITEM: Motion authorizing the City Manager to execute a Memorandum of Agreement between the Veterans' Land Board of the State of Texas and Nueces County and the City of Corpus Christi for the establishment of a State Veterans' Cemetery. ISSUE: The 77th Texas State Legislature (the "77th Legislature ") enacted legislation to authorize the Veterans' Land Board of the State of Texas (the "VLB ") to operate and maintain up to seven (7) veterans' cemeteries ( "State Veterans' Cemeteries ") throughout the. State of Texas. The citizens of the State of Texas passed a constitutional amendment on November 6, 2001, to authorize the funding for the planning, design, operation, maintenance, enlargement, or improvement of State Veterans' Cemeteries. The 77th Legislature established a Texas State Veterans' Cemeteries Committee (the "Committee ") that is required to establish the guidelines for the location and size of the State Veterans' Cemeteries, including the site selection and eligibility requirements for burial in such cemeteries. The Committee though a request for proposal (RFP) for donation of suitable land for one or more Texas State Veterans' Cemeteries issued March 10, 2004, sought proposals from interested communities and entities throughout the State for the location and establishment of one or more State Veterans' Cemeteries. On October 27, 2005, the Committee met and conditionally approved the site submitted by Nueces County in its response to the request for proposal for potential submission for the United States Department of Veterans Affairs' (USDVA) consideration for the location and establishment of a State Veterans' Cemetery during the State's 2009 Fiscal Year. Nueces County has entered into a Purchase (Donation) Agreement with Flint Hills Resources, L.P. to acquire the site submitted by Nueces County in its response to the RFP for purposes of transferring it to the State of Texas for construction and maintenance of a State Veterans' Cemetery. REQUIRED COUNCIL ACTION: The City Council's adoption of this motion authorizing the execution of the Memorandum of Agreement is necessary for the VLB to make application to the USDVA for grants under the State Cemetery Program to provide federal funds for the costs of building the infrastructure associated with the State Veterans' Cemeteries. CONCLUSION AND RECOMMENDATION: Adoption of the proposed motion is recommended. gel Escobar Interim City Manager —545— MEMORANDUM OF AGREEMENT BETWEEN THE VETERANS' LAND BOARD OF THE STATE OF TEXAS AND NUECFS COUNTY AND THE CITY OF CORPUS CHRISTI THIS MEMORANDUM OF AGREEMENT (the "Menwrandtnn ") is made and entered into by and between the Veteran's Land Board of the State of Texas (the "VLB "), Nueces County, Texas (the "County"), and the City of Corpus Christi (the "City'), Nueces County, Texas. WHEREAS, the 77th Texas State Legislature (the "77th Legislature") enacted legislation to authorize the VLB to operate and maintain up to seven (7) veterans' cemeteries ("State Veterans' Cemeteries ") throughout the State of Texas; WHEREAS, the citizens of the State of Texas passed a constitutional amendment on November 6, 2001, to authorize the funding for the planning, design, operation, maintenance, enlargement, or improvement of State Veterans' Cemeteries; WHEREAS, the 77th Legislature established the Texas State Veterans' Cemeteries Committee ( the " Committee ") that is required to establish the guidelines for the location and size of the State Veterans' Cemeteries, including site selection and eligibility requirements for burial in such cemeteries; WHEREAS, the VLB will apply to the United States Department of Veterans Affairs (the "USDVA ") for grants under the State Cemetery grants program to provide federal fiords for the cost of building the infrastructure of State Veterans' Cemeteries at locations selected by the Committee; WHEREAS, state law prohibits expenditure of public fiords for site acquisition for a State Veterans' Cemetery; WHEREAS, the Committee, through a request for proposal for donation of suitable land for one or more Texas State Veterans' Cemeteries issued March 10, 2004 (the "RFP "), which is incorporated herein by reference, sought proposals from interested communities and entities throughout the State for the location and establishment of one or more State Veterans' Cemeteries'; WHEREAS, on October 27, 2005, the committee met and conditionally appmved the site submitted by the County in its response to the RFP for potential submission for the USDVA's consideration for the location and establishment of a State Veterans' Cemetery during the State's 2009 Fiscal Year; and WHEREAS, the County will enter into a Purchase (Donation) Agreement with Flint Hills Resources, L.P. to acquire the site submitted by the County in its response to the RFP for purposes of transferring it to the State for construction and maintenance of a veterans' cemetery; Page 1 of 6 —546— NOW THEREFORE, in consideration of the benefits to the State of Texas and to the veterans therein, the VLB, the County, and the City enter into this Memorandum and agree to the following terms and conditions for the conveyance of the site submitted by the County in its response to the RFP for a State Veterans' Cemetery, and the acceptance of said donation by the VLB: 1. - Upon its acquisition by the County, the County agrees to convey to the State of Texas, by and through the VLB, all right, title, and interest in and to the Surface Estate of a tract of land containing approximately 54.837 acres of land situated in the County of Nueces, Texas (the "Proposed Cemetery Site "), being a plat showing the survey of 54.837 acre tract comprised of the following tracts of land being more or less out of a 2.158 acre tract recorded in Document No. 2004035681, Official Public Records of Nueces County, Texas, and out of a 34.19 acre tract recorded in Volume 2130, Page 84, Deed Records of Nueces County, Texas, and out of a 54.91 acre tract recorded in Volume 1713, Page 102, Deed Records of Nueces County, Texas, and also out of a 40 acre tract recorded in Volume 1810, page 224, Deed Records of Nueces County, Texas, and this tract being out of Desiderio Martinez Survey 420, A -857, and Pedro Hinojosa Survey, A -850, Nueces County, Texas, and better depicted on Exhibit A, the metes and bounds description and survey. Full legal title described above to the Proposed Cemetery Site shall be conveyed from the County upon acquisition from Flint Hills to the State of Texas, by and through the VLB, through a special warranty deed in a form agreed to by the parties to this Memorandum herein attached as Exhibit B, within 30 days of receipt of a written request for such conveyance from the VLB. Parties acknowledge that approximately 4.289 acres of the property to be conveyed will be designated in the proposed special warranty deed as a "no gravesite area„ 2. The County shall provide, through San Jacinto Title Services of Corpus Christi, L.L.C. (the "Title Company"), an owner's policy of title insurance covering the Proposed Cemetery site, in the amount equal to the value of the Cemetery Site, determined by an appraisal of the Proposed Cemetery site for use as a cemetery. The County shall pay the cost of the title policy and deliver the policy to the VLB on the date of conveyance of the Proposed Cemetery Site. In addition, the County has provided to the VLB a title commitment for the Proposed Cemetery Site, together with copies of any and all instruments referred to in Schedules B and C of the Title Commitment That Commitment excludes from coverage several items shown in Schedule B, consisting primarily of mineral leases and easements (mostly pipeline). 3. The County represents and warrants that the Proposed Cemetery Site is within the extra territorial jurisdiction of the City and shall provide to the VLB, within 30 days of the effective date of this memorandum, the GPS derived coordinates in state plane for the northwesterly surveyed property corner of the Proposed Cemetery Site. 4. VLB acknowledges that County will acquire and transfer the Surface Estate only to the Proposed Cemetery Site. 5. The City will provide a pumping system and pipeline to the Proposed Cemetery Site to provide Type II reclaimed water for irrigation purposes, at no cost to the VLB. City will not charge for the reclaimed water, but the quantity will be limited to an average of 50,000 gallons per day and a minimum of 70 gallons per minute and Page 2 of 6 -547- delivered to the boundary of the Proposed Cemetery Site. The Parties acknowledge that this volume of water is subject to seasonal use fluctuations. For example, during winter (usually a time of low demand) the volume of use will usually be reduced to substantially less than 50,000 gallons/day. In Summer (usually a time of peak demand) however, the volume will increase to around 100,000 gallons/day. VLB shall notify the City when VLB is starting construction of the proposed cemetery and the City will deliver the pipeline to the boundary of the Proposed Cemetery Site within 12 months of said notice. 6. The City will allow connection to an existing 16 inch water line adjacent to the Proposed Cemetery Site in Carbon Plant Road for domestic and fire water purposes. The City hereby confirms that there is adequate fire flow at the water line. The City agrees to install fire hydrants in the right -of -way areas adjacent to the property, if such hydrants are required by the City's Fire marshal. Fees for setting a meter and for water consumption will be standard City rates. If a fire line is required on -site, the line will be built by the VLB. 7. The County will allow an on -site treatment system built by the VLB, provided the system meets all provisions of Texas Health and Safety Code, Chapter 366, On- Site Sewage Disposal Systems. 8. The County provided to the State letters from American Electric Power (AEP) and AT &T regarding availability of electrical and communication services. 9. City represents that non -public infrastructure (e.g. VLB owned buildings, streets, drainage, and utilities that are built on -site) plan reviews and building permits will not be required. The City will not conduct any inspections of the non -public infrastructure improvements. 10. The Proposed Cemetery Site is within the extra territorial limits of the City. The City will use its best efforts to annex the Proposed Cemetery Site into the City of Corpus Christi pursuant. to section 43.028 of the Texas Local Government Code. Such annexation procedure will be commenced upon transfer of Proposed Cemetery Site to the State. Neither platting nor zoning will be required. 11. The City agrees to provide VLB notice and an opportunity to provide written comments regarding any proposed development, zoning, and/or platting for the adjacent City tract. 12. The County agrees to provide and install 6' high chain link fences on the north, north -east side of the Proposed Cemetery Site at no cost to the VLB. Fence will be installed prior to commencement of construction. VLB shall notify the County when VLB is starting construction of the proposed cemetery and County will provide the fence within five (5) months of receiving said notice. 13. The County agrees to fulfill and/or abide by all other representation, commitments and offers set forth in the County's Response to the RFP, which are incorporated herein by reference for all purposes. In addition, all exhibits to this Memorandum Page 3 of 6 -548- are incorporated herein for all purposes. 14. VLB will use its best efforts to begin construction of proposed veteran's cemetery within five (5) years from the date of conveyance and continue after such commencement with due diligence, until the completion of such facilities and improvements on or before two years after date of such commencement. Failure to commence and continue bona fide construction activities as described above on the Proposed Cemetery Site will subject property to automatically revert back to County without necessity of re -entry and the conveyance will be of no further force and effect. 15. The County agrees to pay all Closing costs and expenses. 16. The Parties acknowledge that if the property conveyed herein or any part thereof is not acceptable by or ceases in any particular or reason whatsoever to be acceptable to the Veterans' Land Board of the State of Texas in its sole discretion for the purposes indicated herein, the title to the property conveyed hereby shall upon notice of such unacceptable condition in duly recordable form to Grantor, automatically revert to its Grantor, the County. 17.ACKNOWLEDGE FURTHER, that the Grantor, the County hereby agrees to assign and transfer to the Veterans Land Board any covenant of Flint Hills Resources LP, a Delaware Limited Partnership to indemnify and hold harmless the County of Nueces, its successors or assigns, from any and all liabilities, claims, demands and expenses of any kind or nature not the obligation of the County arising or accruing prior to the date of closing and which are in any way related to the ownership, maintenance or operation of the subject property by Flint Hills or its affiliates, and all reasonable expenses related thereto; including, without limitation, litigation costs and attorney's fees, but not including any matter to the extent caused by the negligence or legal fault of the County or its employees or agents, or any matter relating to the pre - closing inspections for the Property by the County or its agents hereunder. County further agrees to assign any /all environmental remediation obligations provided by Flint Hills. The proposed environmental remediation obligations of Flint Hills are as follows: (i.) As used herein, the term "Pre- Closing Contamination" shall mean soil and/or water environmental contamination (if any) on or about the Property to the extent, and only to the extent, that (i.) such contamination existed as of Closing; (ii.) such contamination requires remediation under applicable law; and (iii.) such contamination was caused by or arose out of the activities of Flint Hills (or Flint Hilts' predecessors) on or in the vicinity of the Property and was not caused or materially aggravated by the County or County's successors /assigns. (ii.) From and after Closing, FHR shall retain responsibility (as between Flint Hills and Page 4 of 6 -549- the County) for remediating Pre- Closing Contamination in accordance with applicable law. The State agrees to environmental remediation should the Property be re- conveyed to County as detailed above: (i.) As used herein, the term "State's Contamination" shall mean soil and/or water environmental contamination (if any) on or about the Property to the extent, and only to the extent, that (i.) such contamination existed as of the effective date of such re- conveyance of the Property to County (the "Re- conveyance Closing Date "); (ii.) such contamination requires remediation under applicable law; and (iii.) such contamination was caused by or arose out of the activities of the State on or in the vicinity of the Property and was not caused or materially aggravated by Flint Hills or its predecessors, successors, or assigns. (ii.) From and after the Re- conveyance Closing Date, the State shall retain responsibility (as between the State and County) for remediating State's Contamination in accordance with applicable law. 18. County and State agree to enter into an Indemnification Agreement prior to Closing for purposes of setting out indemnification assignment and environmental remediation obligations of respective parties as described in paragraph 17 above. This Memorandum shall be effective upon the date it is executed by the last party to sign, and shall continue in effect until terminated by either party on 30 days written notice to the other party, with or without cause. In addition, the VLB may terminate this Memorandum immediately upon written notice to the County if: (i) the Proposed Cemetery Site is not approved by the USDVA for the location and establishment of a State Veterans' Cemetery; or (ii) if at any time prior to the commencement of operation of the Proposed Cemetery Site as a Texas State Veteran's Cemetery, it is discovered or determined, in the sole discretion of the VLB, that the site is not suitable for such a purpose. This Memorandum may be amended by written agreement of the parties. Effective the latest date signed by the VLB, the County or the City. Page 5 of 6 (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) —550— VETERANS' LAND BOARD COUNTY OF NUECES By: Jerry E. Patterson By. Samuel LoydNeal, Jr. Commissioner County Judge Texas General Land Office Date: and Chairman, Veterans' Land Board Date APPROVED: - APPROVED: By Diana Barrera Contents Legal Deputy Com Chief Clerk CITY OF CORPUS CHRISTI By George K. Noe City Manager ATTEST OR APPROVED: (If required) By Name: Title: Page 6 of 6 -551- Nueces County Clerk EXHIBIT "A" METES AND BOUNDS DESCRIPTION OFA 54.837 ACRE TRACT 45943 Being 54.837 acres of land, more or Tess out of a 2.158 acre tract recorded in Document No. 2004035681, Official Public Records of Nueces County, Texas, and out of a 34.19 acre tract recorded in Volume 2130, Page 84, Deed Records of Nueces County, Texas, and out of a 54.91 acre tract recorded in Volume 1713, Page 102, Deed Records of Nueces County, Texas, and also out of a 40 acre tract recorded in Volume 1810, Page 224, Deed Records of Nueces Comity, Texas, and this tract being out of Desiderio Martinez Survey 420, A -857, and Pedro Hinojosa Survey, A-850, and this 54.837 acre tract being more particularly described by metes and bounds as follows: Beginning at a found 5/8 -inch iron rod for the southeast corner of this tract and said 34.19 ace tact, said comer also being the southwest corner of a 1.17 acre tract recorded in Volume 1810, Page 224, Deed Records of Names County, Texas, and said corner being on the north right-of-way line of Interstate Highway 37; Thence N 59 -22 -23 W with the south boundary of this tract and said 34.19 acre tact, the same being the north right-of-way line of I.H. 37, 67.14 feet, to a found broken concrete monument for a corner of this tract; Thence N 57-04-52 W and continuing with the south boundary of this nett and said 34.19 acre tract, the same being the north right -of -way line of 1.H. 37, 1499.83 feet, to a found TxDot concrete monument with a brass disk for &comer of this tract; Thence N 53 -29 -10 W and continuing with the south boundary of this tract and said 34.19 acre toot, the same being the north right -of -way line of 1.11. 37, 400.92 feet, to a Sound TxDot concrete monwnent with a brass disk for a coma of this tact; Thence N 47-18-22 W and continuing with the south boundary of this tract and said 34.19 acre tact, the same being the north right -of -way line of I.H. 37, 256.03 feet, to the southwest corner of this snot, the same being the southeast corner of said 2.158 acre tract and said corner being the intersection of the north right -of -way Line of I.H. 37 with the proposed east right -of -way line of the Joe Fulton Trade Corridor, Thence N 15 -54-24 W with the west boundary of this tact and said 2.158 acre tract, the same being the proposed east right-of-way line of the Joe Pulton Trade Corridor, at 1.21 feet pass a found TxDot concrete monument with a brass disk, in all 138.00 feet to a found TxDot concrete monument with a ban disk for a comer of this trace, Thence N 08-52-34 E with the west boundary of this tract and said 2.158 acre tract, the sane being the proposed east right-of -way line of the Joe Fulton Trade Corridor, 120.00 feet, to a found TxDot concrete moment with a brass disk for a corner of this tract; Thence N 65 -11 -10 E with the went boundary of this tact and the proposed east right-of - way fine of the Joe Fulton Trade Corridor and entering said 2.158 ace tact, 72.11 feet, to a found TxDot concrete monument with a brass disk for an inside corner of this tract, said corner being on the east boundary of said 2.158 ace tract; Thence N 05 -25 -57 E with the west boundary of this tract and the proposed east right -of- way line of the Joe Fulton Trade Corridor, at 151.33 feet leave said 34.19 acre tract and enter said 40 acre tract, at 293.33 feet leave said 40 acre tact and enter said 54.91 acre tract, in all 317.17 feet, to a set 5/8 -]itch iron rod with cap for the northwest corner of this tract; Thence S 88J44-26 E with the north boundary of this tract, at 820.80 feet leave said 54.91 acre tact and enter said 40 acre tract, in all 1401.63 feet, to a set 5/8 -inch iron rod with cap for the north comer of this tract; Page 1 of 2 -552- EXHIBIT "A" 45943 Thence S 34-47 -58 E with the north boundary of this tract, 1186.18 feet, to a set 5/8 -inch iron rod with cap for the northeast corner of this tract; Thence 8 20-59-39 W with the east boundary of this tract, at 67.63 feet pass a found 5/8- inch iron rod being the northwest comer of said 1.17 acre tract the same being the northeast corner of said 34.19 acre tract, in all 914.43 feet to the point of beginning and containing 54.837 acres of land, more or less. Note: Bearings are State Plane Grid bearings. Page 2 of 2 -553- SEOIiGF. SUSALCASA EXHIBIT A .Pita Va"a "MUWM.0A43 o.m.ww 3H4m 137'2' w m 0 gR - 0 s 1{ t1 \,fl'• .$1L•+ • J Nrt I*U 1111011110 54.837 ACRE TIIACT AND SITE 'A »tom ROMANY SURVEY hat Olt. m .o nneaskra espserawassa Y Y Y11,M b ea< 1 a Soo ..0 ... -I B Y 01ea N ea —554— 29 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 9, 2008 AGENDA ITEM: Resolution authorizing the City Manager or designee to execute a Memorandum of Understanding with Nueces County to develop and present a plan for administrative changes within the City — County Health District. ISSUE: The City and County have jointly operated the Health District/Department for a many years. The Department has had to operate using two systems for most administrative processes including purchasing and personnel. In addition, grant employees work for the City or County depending on the grant. In the past, some employees within the Department have been State employees operating under a third system. This disjointed arrangement has led to inefficiencies and difficulties which need to be resolved. FINANCIAL IMPACT: When implemented, the City will assume full responsibility for all staff conducting restaurant inspections by assuming two positions which are currently funded by the County. The City will receive all revenues from this operation inside the City limits; restaurant inspection revenue from outside City limits will belong to the Health District. The cost of this adjustment in FY 09 will be less than $70,000 and will be funded from the operating reserve. RECOMMENDATION: The changes outlined in the Memorandum of Understanding will greatly improve the efficiency of the Health Department and remove inequities which have caused problems within the Department for some time. Staff recommends approval of this agreement. Attachment: Memorandum of Understanding BACKGROUND INFORMATION Over the past year, City and County staffs have been working on a plan to simplify administrative procedures in the City County Health Department. The current method of using both systems has become overly burdensome to the Department staff. Those negotiations have resulted in the attached Memorandum of Understanding. The MOU calls for the two staff groups to develop and implement a number of changes: 1. A single pay schedule for City and County Health Department staff. Currently, each employee is part of either the City's or the County's plan which are separate and have different pay rates. The plan will be developed jointly by the City and County Human Resources Departments. The plans are close enough that staff believes a single plan can be developed and implemented without significant cost to either entity. 2. Use of City plan for paid time off (vacation, sick, holiday, etc.). All employees of the Department would use the City system and amounts for paid leave. Again, the plans are close but different. The most administratively burdensome difference is the holiday schedule which requires the Department to operate at reduced staff when the County has holidays which are not observed by the City. 3. Use of City system for travel and mileage reimbursement. Employees use the policy from their funding agency which causes inequities. This will put all employees on the same policy for travel and mileage. 4. Employee Incentives and lnstabucks. Currently, incentive programs including lnstabucks are only available to City employees. This would open these up to all employees. The additional cost for County employees will be borne by the County. 5. Use of City purchasing system including P- Cards. Employees currently use two separate purchasing programs. This item would put all purchasing within the Department under the City's system providing a single system. All purchases made for the County will be billed to the County and reimbursed. 6. Restaurant Inspections. The City will assume responsibility for all positions conducting restaurant inspections by assuming two positions currently funded by the County. The City will receive the revenues from this operation inside city limits. OCL revenues will belong to the Health District. This will eliminate the problems associated with the mix of City and County employees in this unit. 7. The Director and Assistant Director Costs and Appointment. The City and the County will share the cost of both the Director and Assistant Director. The Director will be the appointment of the County Judge and City Manager. The Assistant Director will be the appointee of the Director with the concurrence of the County Judge and City Manager. Cost of these positions will be split 60/40 which is roughly the current split on the Director only. 8. Grants. Either the City or County may apply for and implement a Grant on behalf of the Health District These changes do not affect the other employee benefits including insurance and retirement. In addition, they do not apply to the animal and vector control employees of either the City or the County. MEMORANDUM OF UNDERSTANDING WHERERAS, the City of Corpus Christi (the "City") and Nueces County (the "County ") entered into a Cooperative Agreement To Operate A Public Health District, executed July 31, 1984, (the "Agreement ") which created the City of Corpus Christi - Nueces County Texas Public Health District (the "Health District "); and WHEREAS, the City of Corpus Christi and Nueces County are members of the Health District. Each provide resources to operate the Health District, such as staff, equipment, supplies, software, etc; and WHEREAS, city employees and county employees providing the governmental functions of the Health District under the Agreement are considered Health District Employees; and WHEREAS, the City and County have operated the Health District continuously since July 31, 1984; and WHEREAS, the Health District's mission statement is to prevent disease and disability, maintain a healthy environment, promote healthy lifestyle, thereby, increasing the quality and length of life, striving towards health and well -being of the community, achieving access to preventive health services for all Nueces County residents; and WHEREAS, it is envisioned that increased operational efficiencies may be attained through organizational and policy changes which would result in the Health District functioning under one unified Health District personnel policy, purchasing policy, and other operating procedures. NOW, THEREFORE, the City and the County agree to direct their respective staffs to work jointly to develop and present to the City and the County within 90 -days a detailed plan to accomplish the following: 1. Develop a single Pay Schedule for all Health District employees to be used by both the City payroll and County payroll in compensating their respective employees. 2. Place all Health District employees under the City's current policy for annual accrual and use of paid- time -off (vacation, sick days, holidays, funeral leave, personal days). 3. Place all Health District employees under the City's travel policy, including mileage reimbursement rate and per diem rates. 4. Develop a unified Health District employee incentive program to include - service awards and Insta Bucks awards for excellence in service. 5. Place the purchasing function for the entire Health District under the City's Purchasing Department. 6. Transfer one (1) County Sanitarian position and one (1) County Sanitarian Inspector position from the County's payroll and employment to the City's payroll and employment. The City shall retain all inspection fee revenues collected for inspections within the City and the Health District shall retain all inspection fee revenues for inspections in the unincorporated areas of the County. The Health District shall continue to provide inspection services to the unincorporated areas of the County. 7. The City and the County shall share in funding salary and benefits of the Director and Assistant Director of Public Health Administration positions at the percentage of 60% City and 40% County. The Director shall be hired by and report to the City Manager and the County Judge. The Assistant Director shall be hired by the Director with the concurrence of the City Manager and the County Judge. The Assistant Director shall report to the Director. 8. The City employee benefits and County employee benefits including Retirement, Health Insurance, Life Insurance, Flexible Benefit, Deferred Compensation and other Benefit Plans shall remain unchanged. 9. The City and County Animal Control and Vector Control operations and policies shall remain unchanged. 10. Either the City or the County may apply for and implement a Grant on behalf of the Health District. Executed this day of , 2008. ATTEST: NUECES COUNTY, TEXAS Diana T. Barrera, County Clerk Samuel L. Neal, Jr., County Judge APPROVED: Laura Garza Jimenez, County Attorney ATTEST: - CITY OF CORPUS CHRISTI, TEXAS Armando Chapa, City Secretary Angel Escobar, City Manager (Interim) APPROVED: Mary Kay Fischer, City Attorney A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH NUECES COUNTY TO DEVELOP AND PRESENT A PLAN FOR ADMINISTRATIVE CHANGES WITHIN THE CITY - COUNTY HEALTH DISTRICT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to execute a Memoran- dum of Understanding with Nueces County to develop and present a plan for admini- strative changes within the Corpus Christi - Nueces County Public Health District. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: September 5, 2008 " Eliz j-th R. Hundle Ass - ant City Attorney for the City Attorney EHres224 revd.doc Henry Garrett Mayor Corpus Christi, Texas day of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 30 CITY COUNCIL AGENDA MEMORANDUM Date: September 9, 2008 A. A motion authorizing the City Manager or designee to accept grants from the U. S. Department of Housing and Urban Development to implement the FY2008 Consolidated Annual Action Plan, including the Community Development Block Grant (CDBG), the Emergency Shelter Grant (ESG), and the HOME Investment Partnerships (HOME) Grant, and execute subrecipient agreements for community planning and development projects and activities. FY2008 CDBG FUNDING (1) Amistad Community Health Center - $100,000 (2) Corpus Christi Hope House - $50,000 (3) Del Mar College /Business Resource Center - $150,000 (4) Goodwill Industries of South Texas, Inc. - $100,000 (5) Gulf Coast Council of La Raza, Inc. - $50,000 (6) International Westside Pony League - $95,000 (7) Mental Health Mental Retardation Center of Nueces County (MHMR -NC) - $75,000 (8) Mother Theresa Shelter, Inc. - $100,000 (9) Nueces County Community Action/Weatherization /Minor Home Repair - $60,000 (10) Palmer Drug Abuse Program - $40,000 (11) Wesley Community Center - $50,000 (12) YMCA of the Coastal Bend - $78,066 FY2008 ESG FUNDING (13) Catholic Charities of Corpus Christi - $15,000 (14) Coastal Bend Alcohol & Drug Rehabilitation Centerd.b.a. Charlie's Place - $15,000 —561— (15) Corpus Christi Hope House, Inc. - $15,000 (16) Corpus Christi Metro Ministries, Inc. - $30,000 (17) Mary McLeod Bethune Day Nursery, Inc. - $15,000 (18) The Ark Assessment Center and Emergency Shelter for Youth - $15,000 (19) The Salvation Army - $20,000 (20) Timon's Ministries - $5,000 (21) Wesley Community Center - $12,469 FY2008 HOME FUNDING (CCCICI (22) Accessible Housing Resources, Inc. — $85,000 (23) Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place - $100,000 (24) Nueces County Community Action Interim Financing: Infill Revitalization Project (CHDO) - $189,000 (25) Nueces County Community Action Agency Acquisition /Rehab /Resale (CHDO) - $65,000 B. An ordinance appropriating $5,917,493 in the No. 1059 CDBG Grants Fund for the FY2008 Consolidated Annual Action Plan which includes: (1) $4,053,099 for the CDBG Program, consisting of $3,354,513 of entitlement funds, $470,000 of program income from housing loans, $128,586 of demolition lien program income, and $100,000 of reprogrammed funds; (2) $149,967 of entitlement funds for the ESG Program; and (3) $1,714,427 for the HOME Program, consisting of $1,604,096 of entitlement funds, $10,331 of the American Dream Downpayment Initiative Grant, $100,000 of program income from housing loans, for approved community planning and development projects and activities; and declaring an emergency. C. Motion authorizing the City Manager or designee to execute amendment to the FY2008 subrecipient agreement with Del Mar College for Business Resource Center to include an additional carry over amount of approximately $16,198 from the FY2007 Community development Block Grant to provide small business assistance and administration. ISSUE: (A) Subrecipient agreements with nonprofit organizations who were awarded FY2008 Community Development Block Grant Program Funds, Emergency Shelter Grant Funds and HOME Investment Partnerships (HOME) Funds need to be approved by the City Council, (B) Accepting and appropriating FY2008 CDBG, ESG and HOME funds received from the HUD, and (C) Authorization to execute an amendment with Del Mar College for Business Resource Center to include an additional carry over amount of $16,198. —562— PRIOR: On April 15, 2008, the City Council adopted its FY2008 Consolidated Annual Action Plan for Community Planning and Development Programs that includes $3,354,513 for the CDBG Program, $470,000 of program income from housing loans, $128,586 of demolition lien program income, $100,000 of reprogrammed funds, and $149,967 for the ESG Program and $1,604,096 for HOME Investment Partnerships (HOME) Program, $10,331 of the American Dream Downpayment Initiative, $100,000 of program income, totaling $5,917,493 (Resolution 027664). The projects /activities approved are listed as Exhibit A. REQUIRED COUNCIL ACTION: (A) Authorize the City Manager or designee to execute FY2008 CDBG agreements with Amistad Community Health Center, Corpus Christi Hope House, Del Mar College /Business Resource Center, Goodwill Industries of South Texas, Inc., International Westside Pony League, Mental Health Mental Retardation Center of Nueces County, Mother Theresa Shelter, Inc., Nueces County Community Action — Weatherization & Minor Home Repair, Palmer Drug Abuse Program, Wesley Community Center, YMCA of the Coastal Bend; 2008 ESG agreements with Catholic Charities of Corpus Christi, Coastal Bend Alcohol & Drug Rehabilitation Center dba Charlie's Place, Corpus Christi Hope House, Inc., Corpus Christi Metro Ministries, Inc., Mary McLeod Bethune Day Nursery Inc., The Ark Assessment Center and Emergency Shelter for Youth, The Salvation Army, Timon's Ministries and Wesley Community Center; FY2008 HOME agreements with Accessible Housing Resources, Inc., Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place, Nueces County Community Action Interim Financing — Infill Revitalization (CHDO), and Nueces County Community Action Agency — Acquisition/Rehab/Resale (CHDO), (B) Acceptance of the FY2008 Consolidated Annual Action Plan for CPD Programs and appropriating $5,917,493 for CDBG, ESG and HOME project/activities approved on April 15, 2008 (Resolution 027664),and (C) Authorization to execute an amendment with Del Mar College for Business Resource Center to include an additional carry over amount of $16,198. RECOMMENDATION: (A) That the City Manager or designee be authorized to execute Subrecipient agreements for funds provided from the FY2008 CDBG, ESG and HOME Programs, (B) Accept the FY2008 Consolidated Annual Action Plan for Community Development Programs and appropriating $5,917,493 for FY2008 projects /activities approved by City Council on April 15, 2008, and (C) Authorize to execute an amendment with Del Mar College for Business Resource Center to include an additional carry over amount of $16,198. ADDITIONAL SUPPORT MATERIAL Background Information f1 List of approved projects #1 Daniel Gallegos Sr., CD Administrator —563— BACKGROUND INFORMATION A. Staff released a Pre - Application form, a prerequisite for submitting a Request for Proposal (RFP) for the 2008 CDBG, ESG and HOME programs, on January 2, 2008 and was due on January 25, 2008. This allowed staff to preliminary review potential projects that were seeking federal funding. Subsequently, the Full Application /RFP was posted on the City's website for interested parties in submitting which was due on February 29, 2008. Staff forwarded the 2008 Consolidated Annual Action Plan (CRAP) books to City Council, which consisted of all eligible proposed projects, on March 28, 2008. City Council held a public hearing on April 8, 2008 concerning the 2008 CAAP that included CDBG, ESG and HOME project and activities, program income and reprogrammed funds totaling $5,917,493; thereafter, the 2008 CAAP was approved by City Council on April 15,2008. As a result, staff is recommending the authorization to execute 2008 agreements with non profits and other entities funded through the CDBG, ESG and HOME programs. The projects /activities approved are listed as Exhibit A. The effective date for the grant is August 1, 2008. B. The U.S. Department of Housing and Urban Development issued an approval of the FY2008 CAAP to the City of Corpus Christi on August 20, 2008. There was a delay of the FY2008 CAAP funding due to a congressional release of funds. Staff is recommending appropriating $5,917,493 in the No. 1059 CDBG Grants Fund for the FY2008 Consolidated Annual Action Plan which includes: (1) $4,053,099 for the CDBG Program, consisting of $3,354,513 of entitlement funds, $470,000 of program income from housing loans, $128,586 of demolition lien program income, and $100,000 of reprogrammed funds; (2) $149,967 of entitlement funds for the ESG Program; and (3) $1,714,427 for the HOME Program, consisting of $1,604,096 of entitlement funds, $10,331of the American Dream Downpayment Initiative Grant, $100,000 of program income from housing loans, for approved community planning and development projects and activities C. The execution of an Interlocal Cooperation agreement between the City of Corpus Christi and Del Mar provided for $175,000 of FY2007 CDBG funds, and left approximately $16,198 to be carried over to the FY2008 CDBG program. The Del Mar College, by and through the Small Business Development Center (SBDC), is providing the following services to businesses in the City of Corpus Christi who register with the SBDC including, but not limited to: • Free Counseling on all procurement matters • Assistance with bid documents • Assistance in obtaining contract financing • Networking opportunities with area procurement personnel • Help in developing and meeting subcontracting goals • Access to Federal Acquisition Regulations • Seminars and workshops on a wide variety of procurement topics • Assistance in developing and implementing quality controls —564— • Access to bid packages, plans, and specifications • Access to F.W. Dodge reports for the South Texas area • Access to PT @SSIST Bid matching system • Assistance with business plans • Assistance with loan package preparations • Seminars and workshops on a wide variety of business topics, including, but not limited to, legal and accounting issues • Assistance to women, low- income and minority entrepreneurs I including credit counseling, personal finance management counseling, small business management and loan packaging • Outreach activities to inform women, low- income and minority entrepreneurs of services available In addition, the Small Business Development Center (SBDC) program involves the execution of separate lease or use agreements whereas space is arranged by Del Mar College for Accion Texas, the Black Chamber of Commerce and the Westside Business Association. Staff recommends authorizing the City Manager or designee to execute an amendment to the FY2008 subrecipient agreement with Del Mar College for Business Resource Center to include an additional carry over amount of approximately $16,198 from the FY2007 Community development Block Grant to provide small business assistance and administration. —565— 4/16/2008 ATTACHMENT A CITY OF CORPUS CHRISTI FY2008 CONSOLIDATED ANNUAL ACTION PLAN ADOPTED FY2008 CDBG PROGRAM FY2008 CDBG Allocation 53,354,513 Reprogrammed Funds $100,000 Program Income from Demolition Liens /Clearance of Vacant Properties $128,586 Program Income from Rehabilitation Program $470,000 TOTAL FUNDS AVAILABLE FOR FY2008 CDBGy PROGRAM $4 053 099 4. ,T2" h' . � >?.. M L`n �+ zS".Lr 1 ,. �� ����� 1 •4i..� +t„ k n h}% `3'"�i� Broadmoor Senior Center Phase two expansion of facility and parking lot improvements and interior repairs to existing facility. The first phase will be used to design the extension of the building. The building is very small and the seniors do riot have room to hold all the different functions they have at their facility. This has been a huge problem and this money will be a very big help to make sure the seniors have a facility to hold all their events. 7 $150,000 CDBG Program Administration This project will fund staff salaries and administrative costs. Staff is responsible for administering the Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) Programs. Staff interprets CDBG, HOME and ESG federal regulations, conducts public hearings /meetings, reviews propose projects and activities to determine funding, eligibility, monitors subrecipients, provides technical assistance, conducts environmental assessments of funding projects /activities and enforces Davis -Bacon federal wage rate requirements. 8 $476,333 Clearance of Vacant Properties Program This program consist of clearance of vacant properties in regards to the removal of accumulation of litter and solid waste and the mowing of high weeds and dangerous weeds. The abatement is unsightly and unsanitary matter in 9 $200,000 CDBG eligible areas to include Neighborhood Initiative Program areas. The City may charge an abatement cost and place a lien against the properties to cover the cost incurred. Code Enforcement Program, Neighborhood Initiative & Model Block Programs The salaries of (4) Code Enforcement Property Advisors, (2) Project coordinators, (1/2) Management Assistant will be funded in the amount of $335,729. The Property Advisors /Project Coordinators are responsible for inspecting properties within CDBG Target Areas for violations of City Code and Health Ordinances. The Neighborhood Initiative Program has 22 neighborhoods within CDBG Target Areas that are in need of compliance assistance (including Model Block Program site). The substantiability efforts for these neighborhoods need continued monitoring and citizen compliance; inspections are conduced on particular code violations. The addition of a 11 $350,000 Project Coordinator is to assist with the City Council's objective of enhancing and expanding the revitalization and sustainability efforts for all NIP Sites. Cole's Gym 12 $75,000 This is Phase 2 of window replacement, interior repairs and connectivity. Comprehensive Planning Assistance The continuous support for Comprehensive Planning Activities including data collection, population projections, land use surveys, traffic projection, maintenance of development regulations, staff training /travel, and other activities designed to update comprehensive plan elements or implement adopted plans. 13 $50,000 Demolition Program This activity will facilitate the securing and /or removal of unsafe structures. The removal of unsafe structures is a priority for neighborhood revitalization within the community. The Code Enforcement Staff identifies structures that are unoccupied, unsecured, and dilapidated. The Building Standards Board (BSB) consists of City Council- appointed members that review sub - standard building cases, where owner compliance is not obtained, and orders the repair or demolition of the structures presented. The BSB processes have recently been revised and sub- standard case procedures have been enhanced to provide efficient and effective management. Air monitoring and asbestos removal may be necessary Liens may be placed against the properties to cover the cost incurred. 14 $200,000 Emergency Home Repair Grant Program Emergency repair grants up to $6,500, are provided to homeowners who are 65 years old or older or disabled and very low income. A majority of the repairs are for roofing, plumbing, electrical, heating and minor structural improvements. It is anticipated that the $468,000 will enable us to perform emergency repairs on 61 -72 units. ,t" 15 $225,000 k : p za 6E3¢OPTdN: CgtxCti ri- Mortgage Servicing The funds being requested are for the operations of our mortgage servicing section and include the salaries of one staff person that handles the servicing of all loans provided through the City's Single Family Rehabilitation Loan Program. Services include collection of loan payments; paying property taxes and annual insurance premiums; managing the individual homeowner's escrow accounts; providing homeowners with income tax form 1098; preparing end of year escrow analysis; processing of payment booklets; preparing monthly end of month reports; conduct daily posting of payments; and handle release of liens. Counseling is provided regarding payment alternatives and establishing payment plans. Mortgage Services is currently servicing 850 different types of loans. 23 $58,700 Neighborhood Revitalization Programs (Model Block & Neighborhood Initiative) This request would support the award given to Model Block Program Neighborhood (August 2007) and would be essential in supporting new program projects in the 22 Neighborhood Initiative Program sites that are in CDBG Target Areas. Special Projects such as neighborhood clean up campaigns, coordinating "do- it- yourself' repairs, and landlord workshops are conducted to provide continuous efforts to prevent neighborhood deterioration and sustainability efforts. Demolitions of substandard structures are also a priority in order to eliminate slum and blight in the NIP Sites. 26 $100,000 Rehabilitation Services The funds being requested are to pay the operating costs and salaries of staff that provide support services for the administration of the Single Family Rehabilitation Loan Program; Emergency Home Repair Grant Program; Homebuyer Programs; Loan Counseling, Homebuyer Classes; Support for the 4A Board, Model Block Program, NIP Program: Support for the CCCDC; and Rental Rehabilitation Loan Program. These programs are designed to assist low and very low income households. Services include loan processing; developing specifications and plans; monitoring of construction projects through inspections; processing of homebuyer applicants; conducting inspections; and conducting homebuyer classes. 29 $693,000 Renewal Community The City of Corpus Christi Economic Development Office is requesting $20,000 of CDBG funds to continue outreach and marketing activities in the original and expanded renewal Community (RC). These outreach services include contracting for professional services to assist new businesses in completing the Commercial Revitalization Deduction (CRD) applications, completing forms associated with tax credits and deductions, contracting for professional services to complete surveys of the RC, development and printing of marketing materials, distributions of marketing materials, workshops and seminars, professional or temporary services to assist businesses in identifying employees who live in the RC in order to claim credits, and staff training. 30 $20,000 Residential Traffic Management Program In April 1998, the City Council approved the Residential Traffic Management Program (RTMP) which provides for installation of speed humps to improve neighborhood traffic safety on local residential streets. This program includes the possibility for residents to share in the cost of the installation of speed humps under certain conditions. The purpose of this request to to allocate CDBG funds to bare the residents share of installation of costs in qualified CDBG eligible tracts. The City of Corpus Christi will still bear the expense of the City's share of the installation costs (which may range from 0% to 100 %). Thus far, since the inception of the RTMP, residential neighborhoods in CDBG areas have not elected or been able to particpate in the RTMP due to difficulty in obtaining the residents' share of the cost. 31 $12,000 Single Family Rehabilitation The Single Family Rehabilitation Loan Program provides zero percent and three percent interest loans to homeowners interested in rehabilitating their homes. It is estimated that 1 -3 units will be rehabilitated and 15 -18 units will be reconstructed. These funds will also be used to demolish and relocate homeowners being assisted with the reconstruction of their homes. The funds provided for demolition and relocation will be provided as a grant to the homeowner. Requesting $664,000 which represents $534,000 (Program Income) for loans, demolition ($60,000) and relocation ($70,000). 32 $445,000 Weed and Seed Program The Weed and Seed Program is a comprehensive multi- agency approach to combating violent crime, drug use and gang activity in high crime neighborhoods. The goals are to "weed" out crime from targeted neighborhoods, while at the same time "seed" the target areas with a wide range of crime prevention programs and Human Services to prevent crime from reoccurring within the target areas. The Weed and Seed program has continued to make significant improvements in the Graduated North Side Site I and West Side Site II target communities and is now working in the Southeast Site (Flour Bluff) Communities. 38 $50,000 -567- 2 E:lb' 4 ��`i �a. `y i s � "[ �. gg�'.. St _ J .0 .t •ii."vt� f v il{r�` Ni'K ;` S� L Amistad Community Health Center Amistad Community Health Center is requesting funding to renovate a portion of the first floor space of the building located at 1533 S. Brownlee to accommodate for pharmacy and dental spaces. The scope of work will be to develop the pharmacy and accommodate exam and treatment spaces for dental. 40 $100,000 Corpus Christi Hope House This project is for renovations and improvements for emergency shelter and transitional housing for up to 11 homeless women and their dependent children located at 630 & 658 Robinson. 120 $50,000 Del Mar College /Business Resource Center The purpose of this project is to retain, expand and create small and Section 3 businesses and retain, expand and create jobs for low to moderate income residents and Section 3 residents. Facility is located at 3209 S. Staples. 191 $150,000 Goodwill Industries of South Texas, Inc. Goodwill Industries of South Texas is requesting funding to assist us to construct a Work 2000 Resource Center to serve as a job training and placement facility for the homeless . This facility located at 2961 S. Port will compliment the existing Work 2000 HUD funded job training and placement program. 210 $100,000 Gulf Coast Council of La Raza, Inc. Rehabilitation of a school site located at 2903 Baldwin with five classrooms to serve 100 students. 238 $50,000 International Westside Pony League International Westside Pony League located at 4033 Greenwood is in need of field improvements such as bleachers, foundation and awning, batting cages to include fencing and foundation, playing field to includes lights, fencing and red dirt, redoing fencing on two playing fields, irrigation for both playing fields, and ice maker for concession stand, and ADA compliance to include easy accessibility to public restrooms, concession stand, and easy mobility from field to field. 259 $95,000 Mental Health Mental Retardation Center of Nueces County (MHMR -NC) MHMR -NC seeks funds to make capital improvements to our four building located at 1546/1626/1630/1642 S. Brownlee and one building at 212 S. Staples to insure the health and safety and comfort of our clients. Rehabilitation includes roofing, air conditioners, painting, a furnace and a condenser. 318 $75,000 Mother Theresa Shelter, Inc. For the construction of a multi purpose activity center located at 513 Sam Rankin that will provide therapeutic services to our clients such as: exercise and team sports, the use of arts as therapy, and social rehabilitation workshops. 343 $100,000 Nueces County Community Action/WeatherizationlMinor Home Repair Thirty two (32) homes will be targeted for minor home and weatherization making home more energy efficient; 32 families /80 individuals will benefit from the program; all families are low to very low income that reside in Corpus Christi. 405 $60,000 Palmer Drug Abuse Program Palmer Drug Abuse Program is in need of a total renovation of the air conditioning systems for their facility located at 3104 S. Alameda. 430 $40,000 Wesley Community Center Funds are being requested for the repair of the roof to the public facility at 4015 Mac Arthur Corpus Christi, TX 448 $50,000 YMCA of the Coastal Bend Complete rehabilitation of the YMCA facility located at 417 S. Upper Broadway to make it ADA accessible including ramps, corridors, elevator and pools. 465 $78,066 CDBG Total $4,053,099 -568 - ADOPTED FY2008 ESG PROGRAM FY2008 ESG Allocation $149.967 �F &13 SCRIPTION Pag &kdo Catholic Charities of Corpus Christi Provision of Homeless Prevention including short-term subsidies, security deposits or 1st month's rent, mediation programs, legal services and payments to prevent foreclosure on a home. 496 $15,000 City of Corpus Christi - ESG Administration Cost This will in essence offset the cost for participation in the Homeless Management Information System (HMIS) which is HUD mandated for those agencies receiving ESG and Continuum of Care Grant program funds. 512 $7,498 Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place Provision of Essential services including services concerned with employment, physical health and education for the homeless. Payment of maintenance, operations including rent, insurance, utilities and furnishings. 513 $15,000 Corpus Christi Hope House Provision of Essential services including services concerned with employment, physical health and education for the homeless. Payment of maintenance, operations including rent, insurance, utilities and furnishings. 531 $15,000 Corpus Christi Metro Ministries Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Provision of Homeless Prevention including short- term subsidies, security deposits or 1st month's rent, mediation programs, legal services and payments to prevent foreclosure on a home. Payment of maintenance, operations including rent, insurance, utilizes and furnishings. 566 $30,000 Mary McLeod Bethune Day Nursery, Inc. Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Payment of maintenance, operations including rent, insurance, utilities and furnishings. 593 $15,000 The ARK Assessment Center and Emergency Shelter for Youth Payment of Essential Services including services concerned with employment, physical health and education for the homeless. Payment of maintenance, operations including rent, insurance, utilities and furnishings. 614 $15,000 The Salvation Army Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Payment of maintenance, operations including rent, insurance, utilities and furnishings. 640 $20,000 Timon' s Ministries Payment of maintenance, operations including rent, insurance, utilities and furnishings. 665 $5,000 Wesley Community Center Payment of maintenance, operations including rent, insurance, utilities and furnishings. 677 $12,469 ESG Total $149,967 -569- 1 ADOPTED FY2008 HOME PROGRAM FY2008 HOME Allocation Reprogrammed Funds Program Income American Dream Downpayment Initiative (ADDI) TOTAL FUNDS AVAILABLE FOR FY2008 HOME PROGRAM $1,604,096 $0 $100,000 $10,331 $1,714,427 . a ° ^y. �+'m,S -Ua+i 3j,•k 3.r"�"i, t. R.�`�:i 4. ".. -c .�i.L e. .5'i i x . k' ? ��PR ;�v` `x`43'_ i�+ First Time Homebuyer Program - ADDI Provide deferred forgivable loans to first time homebuyers, who are low income, to assist them with down payment and closing costs for the purchase of a home. 689 $10,331 Home Administration/Technical Assistance Administrative funds for staffing, planning, oversight, coordination, staff supervision, monitoring and evaluation, contracting, recordkeeping /reporting and overall program management. Technical assistance will be provided to enhance the capacity of CHDO's, non - profits, owners /investors of rental property and other organizations that may participate in the program. May include administrative funds for direct operating support for the CHDO's. 690 $160,409 Homebuyer Assistance Program ($5,000) Provide deferred forgivable loans to low income homebuyers to assist them with down payment and closing costs for the purchase of a home. 691 $200,000 Major Rehabilitation Provide loans to low interest loans, through our Single Family Rehabilitation Loan Program, to income homeowners to assist them with major rehabilitation of their homes. Requesting $836,000 which represents $654,000 for loans $98,000 for relocation; and $84,000 for Demolition. 692 $704687 Accessible Housing Resources, Inc. HUD 811 new construction rental units project upgrade for five very extremely low income individuals with disabilities, and one managers unit: exterior wall, roof, insulation upgrades and higher efficiency fixtures to increase energy efficiency, windstorm protection and to provide long -term affordability. 694 $85,000 Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place Charlie's Place proposes to replace the leaking roof, bring electrical up to current standards, paint the inside and out, remove and replace the a/c duct work in our Coleman House which provides for transitional housing for 14 clients who are seeking substance abuse treatment services. 715 $100,000 Texas LULAC Oasis at the Park Housing, LP Adaptive reuse of a 68 -year old building for new construction of an 80 -unit Single Room Occupancy (SRO) Residence. There will be eight (8) HOME assisted units. 813 $200,000 Nueces County Community Action Interim Financing: Infill Revitalization Project Build eight (8) 2/2 or 3/2 new construction homes for families at 80% or below in an underserved area. An emphasis will be placed on assisting families at the lower end of AMI. Construction of all units to be HOME assisted. 894 $189,000 Nueces County Community Action Agency Acquisition /Rehab /Resale Acquire home in need of repair, rehab to meet or exceed residential building codes and incorporate LEED and ENERGY STAR standards. Completed home is to be sold to a family at 80% of below median income. 935 $65,000 HOME Total $1,714,427 -570- , ORDINANCE APPROPRIATING $5,917,493 IN THE NO. 1059 CDBG GRANTS FUND FOR THE FY 2008 CONSOLIDATED ANNUAL ACTION PLAN WHICH INCLUDES: (1) $4,053,099 FOR THE CDBG PROGRAM, CONSISTING OF $3,354,513 OF ENTITLEMENT FUNDS, $470,000 OF PROGRAM INCOME FROM HOUSING LOANS, $128,586 OF DEMOLITION LIEN PROGRAM INCOME, AND $100,000 OF REPROGRAMMED FUNDS; 2) $149,967 OF ENTITLEMENT FUNDS FOR THE EMERGENCY SHELTER GRANT PROGRAM; AND 3) $1,714,427 FOR THE HOME PROGRAM, CONSISTING OF $1,604,096 OF ENTITLEMENT FUNDS, $10,331 OF THE AMERICAN DREAM DOWNPAYMENT INITIATIVE GRANT, $100,000 OF PROGRAM INCOME FROM HOUSING LOANS, FOR APPROVED COMMUNITY PLANNING AND DEVELOPMENT PROJECTS AND ACTIVITIES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $5,917,493 is appropriated from the U.S. Department of Housing and Urban Development in the Community Development Block Grant Fund No. 1059 for the FY 2008 Consolidated Annual Action Plan which includes 1) $4,053,099 for CDBG Program, consisting of $3,354,513 of entitlement funds, $470,000 of program income from housing loans, $128,586 of demolition lien program income, and $100,000 of reprogrammed funds; 2) $149,967 of entitlement funds for the Emergency Shelter Grant program; and 3) $1,714,427 for the Home Program, consisting of $1,604,096 of entitlement funds, $10,331 of the American Dream Downpayment Initiative Grant, $100,000 of program income from housing loans, for approved community planning and development projects and activities. 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 , 2008. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: September 3, 2008 A Lisa Aguilar, Assistant City Attorney for City Attorney Henry Garrett Mayor —571— Corpus Christi, Texas Day of , 2008 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 Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon —572— 31 CITY COUNCIL AGENDA MEMORANDUM City Council Presentment Date: September 9, 2008 AGENDA ITEM: Presentation of Initiative Proceedings and consideration of an Ordinance pursuant to Article I, Section 4 of the City Charter to raze Memorial Coliseum, and erect an appropriate memorial in an appropriate location honoring: "the sons and daughters of Nueces County who made the supreme sacrifice in World War II" ISSUE AND BACKGROUND: The City Charter, through Initiative Proceedings, allows for the people of the City to propose ordinances to the City Council and, if the Council fails to adopt the ordinance in substantially the form in which it was presented, to adopt or reject the ordinance proposed at an election. Attached please find an ordinance being proposed, through the initiative process signed by fifty registered voters to raze Memorial Coliseum and erect an appropriate memorial in an appropriate location honoring: "the sons and daughters of Nueces County who made the supreme sacrifice in World War II". The Council has 45 days (until Friday, October 24, 2008) to consider adoption of the ordinance as presented. In the event the Council fails to take the proposed action within the time allotted, the City Secretary must furnish the proponents, petition pages for circulation among the registered voters of the City. The proponents will have 90 days to gather sufficient signatures (5% of the registered voters) to force an election on this matter. If a valid petition is submitted an election would be called to adopt or reject the proposed ordinance at the next City Council election. REQUIRED CITY COUNCIL ACTION: Action is not mandatory today. The council has three options: 1) vote in support of the ordinance, 2) vote against the ordinance, or 3) postpone action on this item. If action is not taken today, the mayor or five council members may place the proposed ordinance on a future agenda within the next 45 days for consideration. If the ordinance is rejected or action is not taken by October 24, 2008, the City Secretary will furnish petition pages to the proponents for circulation. Attachments: Initiative Request Letter Prnnncerl Clrrlinanre Armando Chapa City Secretary -575- Trusted Source Since 1940 PO. Box 1678 Corpus Christi,TX 78403-1678 September 2, 2008 Honorable Armando Chaps City Secretary City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 RE: Citizens petition to Raze Memorial Coliseum Dear Mr. Chaps, Date Filed: ! /a /pal Armando Cha City Secretary Please find enclosed 146 pages of petition sheets containing approximately 747 signatures of citizens of Corpus Christi, Texas requesting that the Corpus Christi City Council consider: "AN ORDINANCE AUTHORIZING THE CITY COUNCIL TO UNDERTAKE EVERTHING NECESSARY AND PROPER TO ACCOMPLISH THE GOAL OF RAZING MEMORIAL COLISEUM, AND ERECTING AN APPROPRIATE MEMORIAL IN AN APPROPRIATE LOCATION HONORING: "THE SONS AND DAUGHTERS OF NUECES COUNTY WHO MADE THE SUPREME SACRIFICE IN WORLD WAR II ". Also enclosed is a copy of the "full text" of the proposed ordinance. I trust you will find the above mentioned submission to be in compliance with the provisions set forth in: ARTICLE L HOME RULE GOVERNMENT — Sec 4. Initiative and Referendum. Thank you for your prompt attention to this petition request by the citizens of Corpus Christi. Sin erely, a N'1 A. McComb Encl: (a) Full text ordinance (b) 146 pages of signed petition sheets Petition submafaLdoc Office and Warehouse: 3117 Cabaa576arkway Corpus Christi, Texas 78415 Phone: 361/888-5907 Fax: 361/888 -4975 Email: joe@mccombrelocation.com ORDINANCE AN ORDINANCE AUTHORIZING THE CITY COUNCIL TO UNDERTAKE EVERYTHING NECESSARY AND PROPER TO ACCOMPLISH THE GOAL OF RAZING MEMORIAL COLISEUM AND ERECTING AN APPROPRIATE MEMORIAL IN AN APPROPRIATE LOCATION HONORING: "THE SONS AND DAUGHTERS OF NUECES COUNTY WHO MADE THE SUPREME SACRIFICE IN WORLD WAR II" WHEREAS, the American Bank Center has replaced the Memorial Coliseum as a venue for public events, leaving the Coliseum without a function or purpose other than serving as a memorial honoring "the sons and daughters of Nueces County who made the supreme sacrifice in World War II "; and WHEREAS, due to its non -use, the Coliseum has fallen into disrepair, is an eyesore on the City's Bayfront, and no longer serves as a fitting memorial; and WHEREAS, the City may erect an appropriate memorial in an appropriate location such as Sherrill Park honoring "the sons and daughters of Nueces County who made the supreme sacrifice in World War II "; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council is hereby authorized to undertake everything necessary and proper to accomplish the goal of razing Memorial Coliseum and erecting an appropriate memorial in an appropriate location honoring: "the sons and daughters of Nueces County who made the supreme sacrifice in World War /1." SECTION 2. The City Manager, or his designee, is hereby authorized and directed to develop plans and options for the implementation of this Ordinance. SECTION 3. Nothing in this Ordinance shall be construed as appropriating any funds from any operating or capital budget of the City. The issues of the award of any contracts providing for the demolition of such structure and the erection of an appropriate memorial, and the appropriation of funds for such purposes, specifically are reserved for future action by the City Council. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of -- this ordinance be given full force and effect for its purpose. SECTION 5. This ordinance shall take effect upon and after adoption. —577-. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the _ day of , 2008, by the following vote: Henry Garrett Priscilla Leal Melody Cooper Michael McCutchon Larry Elizondo John Marez Mike Hummel) Nelda Martinez Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008 by the following vote: Henry Garrett Priscilla Leal Melody Cooper Michael McCutchon Larry Elizondo John Marez Mike Hummell Nelda Martinez Bill Kelly PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa Henry Garrett City Secretary Mayor APPROVED: 2008. Mary Kay Fischer City Attorney —578— 2 32 RESOLUTION ESTABLISHING THE CITY COUNCIL'S GUIDANCE ON THE INSTALLATION OF BOLLARDS SEAWARD OF THE PADRE ISLAND SEAWALL TO ADDRESS SAFETY ISSUES RELATED TO THE ERODING BEACH BETWEEN RENOURISHMENT EFFORTS WHEREAS, erosion has made vehicle passage dangerous in front of the concrete seawall on Padre Island; WHEREAS, the GLO and City are committed to renourishing the beach in front of the concrete seawall; WHEREAS, until the renourishment takes place, especially if further erosion occurs, the safety situation needs to be addressed; WHEREAS, a public vote over a complete vehicle ban on the beach seaward of the concrete seawall would be too divisive, and not in the best interest of the City; WHEREAS, parties on both sides of the issue of closing portions of the Gulf of Mexico beach to vehicles, including Padre Island Business Association, Beach Access Coalition, and Surfrider Foundation have expressed a desire to compromise on the issue of vehicles on the beach seaward of the concrete seawall; WHEREAS, the City Council has expressed desire to implement a compromise solution to address the safety issues and conflicts between pedestrians and vehicles on this stretch of beach; WHEREAS, on August 19, 2008, a compromise was presented to the City Council, and received the Council's full support; WHEREAS, the City Council voted to put a measure on the November 2008 ballot that allows the voters to authorize restrictions on vehicular access to and on the Gulf beach seaward of portions of the concrete Padre Island Seawall where the width of the beach between the toe of the seawall and mean high tide is less than 150 feet. WHEREAS, the ballot measure, if adopted, and is approved by the General Land Office, would authorize the City Council to adopt an ordinance that designates the portion of the City's Gulf of Mexico beach seaward of the concrete Padre Island seawall as a pedestrian safe area and closes the beach seaward of the concrete seawall to all vehicular traffic by prohibiting driving on the portion of the beach with a width of less than 150 feet between the toe of the seawall and mean high tide; WHEREAS, the ordinance will provide an exception that allows emergency vehicles, vehicles used to maintain the beach, and vehicles used to provide beach related services under a permit issued by the City to drive on the portions of the beach otherwise closed to vehicles; and Seawall Bollard Resolution -- 08262008.DOC -581- 2 WHEREAS, members of the public have sought greater specificity on the nature of measures that will be adopted by the City Council if the ballot measure is adopted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. If ballot measure No 8, as authorized by Ordinance No. 027813, is adopted by the voters on November 4, 2008, the City Council will consider an ordinance that: a. Restricts vehicles in front of the concrete Padre Island seawall when and where width less than 150 feet. b. Directs the installation of rows of bollards parallel to the seawall, which will be installed to maintain vehicle lanes. (1) One row of bollards will preserve a 25' wide pedestrian safe space adjoining the seawall. (2) A second row of bollards to allow two -way vehicle passage if there is no through- access, and one -way traffic if there is through- access. (3) Areas for head -in parking, seaward of and parallel to the first row will be provided. (4) The bollards will be placed so as to maximize the area of pedestrian - safe beaches near the shore in front of the seawall, while still maintaining vehicle - lanes. (5) The bollards will extend northward towards the south jetty. (6) The orientation of the bollards will to allow close water access near jetty. SECTION 2. The exact orientation of bollards will be discussed at Water /Shore Advisory Committee meeting in September, 2008, and a recommendation brought to council at first opportunity after Committee adopts a recommended ordinance. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Seawall Bollard Resolution -- 08262008.DOC Henry Garrett Mayor -582- APPROVED: 26th day of August, 2008. R. Jay Reining First Assistant City Attorney For City Attorney Seawall Bollard Resolution -- 06262008.DCC -583- 3 Corpus Christi, Texas of 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Seawall Bollard Resolution -- 08262008fOC -584- 4 33 AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION REGULAR MEETING DATE: Tuesday, September 9, 2008. TIME: During the meeting of the City Council beginning at 10:00 a.m. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. President John E. Marez calls the meeting to order 2. Secretary Armando Chapa calls roll. Board of Directors John E. Marez, President Melody Cooper, Vice President Larry Elizondo, Sr. Henry Garrett Mike Hummel) Bill Kelly Priscilla Leal Michael McCutchon Nelda Martinez Officers Vacant, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treasurer 3. Approval of the minutes of July 8, 2008 & July 15, 2008 4. Approval of the financial report 5. Motion to designate 'Angel R. Escobar as General Manager of the Corporation. 6. Motion authorizing the General Manager or designee to execute FY2008 Subrecipient funding agreements from the HOME Investment Partnerships (HOME) Program and to execute all related and necessary documents. FY2008 HOME FUNDING — FOR AFFORDABLE HOUSING PROGRAMS a. Accessible Housing Resources, Inc. — $85,000 for a HUD 811 new construction rental project for five very extremely low income individuals with disabilities and one managers unit: exterior wall, roof, insulation upgrades and higher efficiency fixtures to increase energy efficiency, windstorm protection and to provide long -term affordability. —587— b. Nueces County Community Action Interim Financing: Infill Revitalization Project (CHDO) - $189,000 to build eight (8) 2/2 or 3/2 new construction homes for families at 80% or below in an underserved area. An emphasis will be placed on assisting families at the lower end of Area Median Income. Construction of all units to be HOME assisted. c. Nueces County Community Action Agency Acquisition /Rehab /Resale - $65,000 to acquire a home in need of repair, rehab to meet or exceed residential building codes and incorporate LEED and ENERGY STAR standards. Completed home is to be sold to a family at 80% or below median income. 7. Motion authorizing the General Manager or designee to execute a FY2008 HOME agreement with the Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place with the revised the scope of work from rehabilitation to acquisition. 8. Consideration and possible action on a resolution declaring 2918 Blake Street, formally known as Lot 8, Block B, Reynolds Addition of the City of Corpus Christi, Nueces County, Texas, as surplus property; authorizing publication of notice and sale of the property by sealed bids; authorizing the General Manager or the General Manager's designee to accept the highest amount bid in exchange for the property; and authorizing the General Manager or the General Manager's designee to execute any and all necessary documents related to this transaction. 9. Public Comment 10. Adjournment —588— MINUTES CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION July 8, 2008 2:22 P.M. PRESENT Board of Directors John Marez, President Melody Cooper, Vice - President Larry Elizondo, Sr. Henry Garrett Bill Kelly Priscilla Leal Nelda Martinez ABSENT Mike Hummell Michael McCutchon Officers George K. Noe, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance Sanchez, Asst. Treasurer President Marez called the meeting to order in the Council Chambers of City Hall. Secretary Chapa verified that a quorum was present to conduct the meeting and notice of the meeting had been posted. President Marez called for the approval of the minutes from the May 27, 2008 meeting. Mr. Garrett made a motion to approve the minutes as presented, seconded by Mr. Elizondo, and passed. President Marez called for the financial report for ten months ended May 31, 2008. Treasurer Cindy O'Brien stated the fund balance was $19,969,255. Motion was made to approve the financial report as presented and passed. President Marez introduced Item No. 5, motion to reinstate the FY05 and FY06 HOME funding agreements with Corpus Christi Metro Ministries and to authorize the CCCIC General Manager or designee to execute an amendment to extend the term of the agreements through January 31, 2009. There were no questions. Secretary Chapa polled the Corporation for their votes on Item 5: 5. MOTION TO REINSTATE THE FY05 AND FY06 HOME FUNDING AGREEMENTS WITH CORPUS CHRISTI METRO MINISTRIES AND TO AUTHORIZE THE CCCIC GENERAL MANAGER OR DESIGNEE TO EXECUTE AN AMENDMENT TO EXTEND THE TERM OF THE AGREEMENTS THROUGH JANUARY 31, 2009. The foregoing motion was passed and approved as follows: Marez, Cooper, Elizondo, Garrett, Kelly, Leal, and Martinez voting "Aye "; McCutchon and Hummell absent. President Marez introduced Item No. 6, motion authorizing the CCCIC General Manager or designee to extend the HOME loan terms from 30 months' to 30 years' with interest compounded annually at the higher of 4.00% or AFR upon loan closing, with interest and principal payments payable only from annual surplus cash flow. There were no questions. Secretary Chapa polled the Corporation for their votes on Item 6: —589— Minutes — CCCIC meeting July 8, 2008 — page 2 6. MOTION AUTHORIZING THE CCCIC GENERAL MANAGER OR DESIGNEE TO EXTEND THE HOME LOAN TERMS FROM 30 MONTHS' TO 30 YEARS' WITH INTEREST COMPOUNDED ANNUALLY AT THE HIGHER OF 5.00% OR AFR UPON LOAN CLOSING, WITH INTEREST AND PRINCIPAL PAYMENTS PAYABLE ONLY FROM ANNUAL SURPLUS CASH FLOW. The foregoing motion was passed and approved as follows: Marez, Cooper, Elizondo, Garrett, Kelly, Leal, and Martinez voting "Aye "; McCutchon and Hummell absent. President Marez called for public comment. There was none. There being no further business to come before the Board, President Marez adjourned the meeting at 2:24 p.m. on July 8, 2008. —590— MINUTES CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION July 15, 2008 2:05 P.M. PRESENT Board of Directors John Marez, President Melody Cooper, Vice - President Larry Elizondo, Sr. Henry Garrett Mike Hummell Bill Kelly Priscilla Leal Michael McCutchon ABSENT Nelda Martinez Officers George K. Noe, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance Sanchez, Asst. Treasurer President Marez called the meeting to order in the Council Chambers of City Hall. Secretary Chapa verified that a quorum was present to conduct the meeting and notice of the meeting had been posted. President Marez introduced Item No. 3, motion authorizing the General Manager or designee to allocate $237,000 to Rocky Ridge Affordable Housing, LLC, for the Buena Vida Senior Village project subject to receiving low income housing tax credits from the Texas Department of Housing and Community Affairs and to execute all related and necessary documents. Daniel Gallegos, Community Development Administrator, stated that two projects are vying for the tax credit from the State and they need the local support. Ms. Leal asked if that is all that is needed for this project. Mr. Gallegos stated this amount was enough to get the project started; however, he would be looking for more funding. Secretary Chapa polled the Corporation for their votes on Item 3: 3. MOTION AUTHORIZING THE GENERAL MANAGER OR DESIGNEE TO ALLOCATE $237,000 TO ROCKY RIDGE AFFORDABLE HOUSING, LLC FOR THE BUENA VIDA SENIOR VILLAGE PROJECT SUBJECT TO RECEIVING LOW INCOME HOUSING TAX CREDITS FROM THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AND TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS. The foregoing motion was passed and approved as follows: Marez, Cooper, Elizondo, Garrett, Hummell, Kelly, Leal, and McCutchon voting "Aye "; Martinez absent. President Marez called for public comment. There was none. There being no further business to come before the Board, President Mar- Marez adjourned the meeting at 2:08 p.m. on July 15, 2008. —591— CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED BALANCE SHEET June 30, 2008 Loan Program Special Project HOME Program ASSETS Fund Fund Fund Total Cash and investments $ 892,545 $ 241,786- -$ 298,220 $ 1,432,551 Mortgages receivable 11,191,331 0 7,057,082 18,248,413 Investment in property (net of accumulated depreciation) 134,606 21,047 0 155,653 Total assets $ 12,218,482 $ 262,833 $ 7,355,302 $ 19,836,617 LIABILITIES AND FUND BALANCE Liabilities: Total liabilities 0 0 0 0 Fund Balance: Reserved for mortgages 11,191,331 21,047 7,057,082 18,269,460 Reserved for Investments 134,606 0 0 134,606 Unreserved 892,545 241,786 296,220 1,430,551 Total fund balance 12,218,482 262,833 7,353,302 19,834,617 Total liabilities and fund balance $ 12,218,482 $ 262,833 $ 7,353,302 $ 19,834,617 -592- CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FOR THE ELEVEN MONTHS ENDING JUNE 30, 2008 Revenues: Contribution from Federal Government Interest on loans Interest on investments Rental income Miscellaneous Total revenues Expenditures: Grants Warranty Work Loan processing Accounting services Accumulated amortization - forgivable loans Total expenditures Loan Program Special Project HOME Program Fund Fund Fund $ - $ - $ 1,463,211 60,735 0 10,121 15,905 7,857 9,521 91,127 0 0 2,014 0 412 169,781 7,857 1,483,265 0 79,138 0 0 89,016 168,154 0 0 0 0 0 0 Excess of revenues over expenditures 1,627 7,857 Other financing sources(uses): Total other financing sources(uses) 0 Total $ 1,463,211 70,856 33,283 91,127 2,426 1,660,903 576,166 576,166 0 79,138 110,340 110,340 14,271 14,271 605,970 694,986 1,306,747 1,474,901 176,518 186,002 0 0 Excess (Deficit)of revenues and other financing sources over expenditures and other uses 1,627 Fund balances at August 1, 2007 12,216,855 7,857 176,518 254,976 7,176,784 0 186,002 19,648,615 Fund balances at June 30, 2008 $ 12,218,482 $ 262,833 $ 7,353,302 $ 19,834,617 -593- TO: FROM: - DATE:— SUBJECT,= Memorandum President John E. Marez and Members of the Board of the Corpus Christi Community Improvement Corporation George K. Noe, General Manager August 22,- 2008--- Jequestar Meeting of the Corpus-Christi Improvement Corporation -= - (CCCIC) on September 9, 2008 1. Motion-authorizing-the-GC= General Manager or designee to exec e Subrecipient agreements - for funds provided from- the FY2008` HOME Investment Partnerships (HOME) Program. On April 15, 2008, the City Council adopted its FY2008 Consolidated Annual Action Plan for Community Planning and Development (CPD) Programs that includes $3,354,513 for the Community Development Block Grant (CDBG) Program, $100,000 of reprogrammed funds, $128,586 of demolition lien program income and $470,000 of program income from rehabilitation loans, and $149,967 for the Emergency Shelter Grant (ESG) Program and $1,604,096 for HOME Investment Partnerships (HOME) Program, $100,000 of program income and $10,331 of the American Dream Downpayment Initiative totaling $5,917,493 (Resolution 027663). Subsequently, Subrecipient Agreements with nonprofit agencies and the CCCIC, as part of the FY2008 HOME program funding, require CCCIC action and approval with the following respective agencies. FY2008 HOME FUNDING - FOR AFFORDABLE HOUSING PROGRAMS a. Accessible Housing Resources, Inc. - $85,000 for HUD 811 new construction rental project for five very extremely low income individuals with disabilities, and one managers unit: exterior wall, roof, insulation upgrades and higher efficiency fixtures to increase energy efficiency, windstorm protection and to provide long -term affordability. b. Nueces County Community Action Interim Financing: !nth! Revitalization Project (CHDO) - $189,000 to build eight (8) 2/2 or 3/2 new construction homes for families at 80% or below in an underserved area. An emphasis will be placed on assisting families at the lower end of AMI. Construction of all units to be HOME assisted. -594- c. Nueces County Community Action Agency Acquisition /Rehab /Resale - $65,000 to acquire a home in need of repair, rehab to meet or exceed residential building codes and incorporate LEED and ENERGY STAR standards. Completed home is to be sold to a family at 80% or below median income. The effective date for the grant is August 1, 2008. 2. Motion authorizing the General Manager or designee to execute a FY2008 HOME agreement with the Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place with the revised scope of work from rehabilitation to acquisition. The Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place have been given an opportunity to purchase a new facility rather than try to remodel their current facility. As a result, they are requesting to redirect HOME funding and amend the scope of work from rehabilitation of their current facility at 24 North Country Club to acquisition of real property at the corner of McBride Lane and Interstate 37. This new facility is over three times the size of their current location and will allow the opportunity to serve many more clients per year. The end - beneficiaries of their programs will remain unchanged. The total cost of the project which includes acquisition and renovation is approximately $4.5M, and approximately 50% of the resources have been secured and /or pending to date. Anticipated closing for property acquisition will be in September 2008, and timeline for renovations to be completed will take 12 to 18 months thereafter. Any resources not secured at the time of closing will financed by Charlie's Place. Staff recommends execution of a FY2008 HOME agreement with the Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place with the revised scope of work from rehabilitation to acquisition. 3. Consideration and possible action on a resolution declaring 2918 Blake Street, formally known as Lot 8, Block B, Reynolds Addition of the City of Corpus Christi, Nueces County, Texas, as surplus property; authorizing publication of notice and sale of the property by sealed bids; authorizing the General Manager or the General Manager's designee to accept the highest amount bid in exchange for the property; and authorizing the General Manager or the General Manager's designee to execute any and all necessary documents related to this transaction. The Community Development (CD) Department received a citizen's call regarding the residential property located at 2918 Blake Street (see attached photographs). Staff proceeded with research of the ownership of the property, and it was uncovered that the property was owned by b Corpus Christi Community Improvement Corporation. According to the Nueces County records, the property was sold because Elida B. Frio, and /or heirs defaulted in the obligations of the promissory note dated June 17, 1986, in the original amount of $16,650, which the Deed of Trust was given to secure. The nature of this default, which existed at the time of sale was the failure to make the payments on the note when due. The unpaid balance on the note at the time of the sale was $18,115. —595— The Corpus Christi Community improvement Corporation (formerly Corpus Christi Housing Improvement Corporation), as the holder of the note, presented the note and made due demand on Elida B. Frio, and /or heirs, to cure the default. A notice of intent to accelerate dated September 30, 1997, and a notice that the debt has been accelerated dated October 30, 1997, were sent to Elida B. Firo's heirs on those dates respectively. CCCIC made due demand to sell the property pursuant to the terms of the Deed of Trust. The property was sold at public auction on Tuesday, March 3, 1998, at 10:30 A.M., in Nueces County, Texas, the county in which the property is situated, in full accordance with law and the terms of the Deed of Trust. The CCCIC was the highest bidder at the sale and paid the amount bid of $18,115. Staff is recommending consideration and possible action on a resolution declaring 2918 Blake Street, formalty1 nown as Lot-8, Block B, Reynolds Addition of the City of Corpus Christi, Nueces County, Texas, as surplus property; authorizing publication of notice and sale of the property by sealed bids; authorizing the General Manager or General Manager's designee to accept the highest amount bid in exchange for the property; and authorizing the General Manager or the General Manager's designee to execute any and all necessary documents related to this transaction. —596— EXHIBIT A Home 4 General Information 40 East= News FAQ Searches • Property ID Search • Account Search • Owner Search • Address Search Property Data • Detail Sheet • History • Datasheet Other • Taxing Units • Neighborhoods • Abstracts • Subdivisions • Appraisal Review Board • Appraisal Review Board • Email • Stale Compliance • '-Legal Notice-` • Links • Forms • Agenda • Directions • Tax Code • Texas Tax Law • Rates and Exemptions • Rights & Remedies • Employment • Nueces Aerial Photo • Calendar • Maps A Downloads Nueces County Appraisal District Data on this Web site represents Certified 2008 Values Click HISTORY Link For Value Property Detail Sheet (R290912) ePlat Mae • GIS_Ma9 askatial Owner Information Owner ID: 0494808 Owner Name: CCHIC AKA CORPUS CHRISTI Owner Address: HOUSING IMPROVEMENT CORP P 0 BOX 9277 CORPUS CHRISTLTX 78489 Property Address: 2918 BLAKE Parcel Information Legal Description: Acreage: Cross Reference: Undivided Interest: Emmeline DAteli Entity Codes: Deed Type: Deed Book: Deed Page: Map Page: Land HS: Land NHS: Improvement HS: Improvement NHS: Ag Market: Ag Use: Timber Market: Timber Use: Assessed: 4 D Type anal 4 ID Type REYNOLDS LT 8 BK B 71934002 .0080 100% EX (Exempt Property) CO3 (City Of CC) GNU (Nueces County) JRC (Del Mar Jr Coll) RPM (Farm To Mkt Road) SE (CCISD) HOSP (Hospital District) Sub Trot Deed 19980111- 97 /STD U-80 SO + 50 + 519,886+ SO + 10 SO • SO SO + 519,888 = Improvements SPTB R (Residential) X (X - Exempt) SPTB Land Land RL (Residential Land) X (X - Exempt) Sags 2 Acre Page 1 of 1 Value $ 19,866 0 Market S0 se/Adobe-14 Adobe Acrobat Reader 5.0 (minimum) is required to view pdf documents. Acrobat Rear Reader is a free program available ham. http: / /www.nuecescad. net /Appraisal/ PublicAccess /PropertyDetail.aspx ?PropertylD= 256029... 9/2/2008 -597- -598- 2918 Blake Street front views Pictures taken on 08/27108 -599- CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION RESOLUTION OF THE BOARD OF DIRECTORS At a meeting held on (date) , the Board of Directors of Corpus Christi Community Improvement Corporation passed the following resolution: The Board of Directors hereby declares 2918 Blake Street, formally known as Lot 8, Block B, Reynolds Addition of the City of Corpus Christi, Nueces County, Texas, to be surplus property of the corporation. The Board of Directors hereby authorizes the publication of notice for the sale of the surplus property, authorizes the sale by sealed bids, and authorizes the General Manager or the General Manager's designee to accept the highest amount bid in exchange for the property. The Board of Directors hereby authorizes the General Manager or the General Manager's designee to execute any and all necessary documents related to the foregoing authorized transaction. Signature of Board President Date Signature of Board Secretary Date —600— 34 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation of the status and proposed schedule of hearings for adoption of the Unified Development Code. STAFF PRESENTER(S): Name Title /Position Department 1. Bob Nix Assistant City Manager Development Services OUTSIDE PRESENTER(S): Name Title /Position Organization 1. None ISSUE: Status report of ongoing process of the Unified Development Code. BACKGROUND: The City of Corpus Christi has hired Duncan Associates (the consultant) to assist in preparing a Unified Development Code (UDC) to regulate land development in the City and its extraterritorial jurisdiction. The City recognizes the need to transition from separate zoning and platting ordinances to a unified code containing all of its land development regulations. A good UDC is more than a collection of chapters from the zoning and platting ordinances. Rather, a UDC should have the following characteristics: • A single document rather than multiple, conflicting, ordinances • A uniform set of consistent definitions • Procedures that follow the normal sequences of development • A coordinated system for development review and enforcement —603— The process of consolidation of the platting and zoning ordinances will reveal inconsistencies and duplications that can be eliminated. The UDC will be a total regulatory package that is greater than the sum of its parts. REQUIRED COUNCIL ACTION: None Exhibits: UDC Schedule —604— Bob Nix, AICP Assistant City Manager Development Services 1 UNIFIED DEVELOPMENT CODE PROJECT OUTLINE AND SCHEDULE 2 August 8, 2008 3 4 1. Objective: 5 6 At this time, our objective is to do all we can prior to presentation of documents 7 for public hearings to ensure the proposed UDC creates better results than we 8 have with the existing zoning ordinance, subdivision regulations, and permitting 9 processes for zoning, land subdivision and on -site and off -site improvements. 10 11 2. Focus Group Progress: 12 13 Only one focus group is actively working at this time. The Administrative Focus 14 Group is looking at the code processes, and assisting the staff to ensure the code is 15 internally consistent. They have an ambitious schedule to get as much of their 16 work completed as possible by September. 17 18 All other focus groups have completed their work. 19 20 3. Consultant Involvement: 21 22 A. The staff is working with George Arimes, consultant for the creation of a 23 "one stop shop" development services operation. Staff and Mr. Arimes 24 are reviewing UDC processes and requirements to ensure the UDC 25 enables the successful implementation of the review and permitting 26 processes necessary for the development services concept to be successful. 27 28 B. The staff continues to work with the UDC consultant, Duncan and 29 Associates, to ensure the code is as clean as possible, and achieves the 30 desired result of actually being a "unified" development code. 31 32 Ongoing processes. 33 34 4. Staff Projects: 35 36 A. Identification of Potential Internal Code Conflicts: Staff is working on a 37 section -by- section analysis of the proposed UDC to ensure that there are 38 no internal conflicts. As soon as it is completed, the results of this 39 evaluation will be submitted to the Administrative Focus Group to aid 40 them in their discussions. This analysis will be a part of the basis for staff 41 recommendations for changes in the proposed UDC that may not have 42 been recommended by the focus groups. 43 44 Estimated completion date: August 22". 45 -6q5- 1 B. Identification of Potential External Code Conflicts: This staff and 2 consultant project involves looking at the proposed UDC to identify 3 potential conflicts between its requirements and the provisions of other 4 parts of the City Code of Ordinances, and other non - codified ordinances. 5 6 For example, the adopted landscaping code requires landscaping to be 7 placed between three feet and five feet from the property line abutting a 8 street. The landscaping requirement applies to commercial development 9 that would typically abut arterial or collector streets. The proposed UDC 10 Article VII, Infrastructure, Section 8.2.4, Easements, requires utility 11 easements fifteen feet in width along both sides of arterial streets, and ten 12 feet in width along both sides of collector streets. The reason for the 13 utility easement requirement is that the street rights -of -way widths 14 specified in the proposed UDC may be too narrow to accommodate 15 utilities within the rights -of -way. However, section 55 -1, Code of 16 Ordinances, Utilities, (not part of the UDC) makes it unlawful to plant 17 bushes, trees, or shrubs within any utilities easement in the city. Given 18 that five foot landscape buffers are required to be measured from the 19 property line, and that they would be entirely within the required ten or 20 fifteen foot wide required utility easements, the required landscape buffers 21 are deemed unlawful by section 55 -1 of the Code of Ordinances. 22 Obviously, this set of requirements needs to be reconsidered. 23 24 This and other such conflicts are being identified and evaluated by the 25 staff with assistance from the UDC consultant. As many of them as 26 possible will be presented to the Administrative Focus Group for 27 comment. 28 29 Estimated Completion Date: August 22. 30 31 C. Citation of Statutory and Charter Authority: Each section of the proposed 32 UDC is being annotated to show the relevant statutory and/or charter 33 authority. These citations provide a quick reference for the legal basis for 34 each code section. As the annotations are developed, each section of the 35 proposed UDC is being checked to ensure that there is no obvious conflict 36 with the relevant legal authority. 37 38 Estimated Completion Date: August 22. 39 40 D. Comprehensive Plan Consistency: The staff and consultant are reviewing 41 the proposed UDC for consistency with the existing adopted 42 Comprehensive Plan. Each section is being evaluated against the various 43 relevant Comprehensive Plan policies in order to ensure that the proposed 44 UDC is consistent with and implements the Comprehensive Plan. If there 45 are any inconsistencies identified, there will be recommended options for —6062- 1 resolving them that will generally involve either amending the proposed 2 UDC, or amending the adopted Comprehensive Plan, as appropriate. 3 4 The Comprehensive Plan expresses the official land development, 5 infrastructure, and capital improvements policies of the city. It is required 6 by the City Charter. The City Charter also requires the Comprehensive 7 Plan to be implemented by the adoption of ordinances that are consistent 8 with the Comprehensive Plan requirements. The proposed UDC is one of 9 the major ordinances implementing the Comprehensive Plan, and the UDC 10 is required by our City Charter to be consistent with the Comprehensive 11 Plan. 12 13 Estimated Completion Date. August 22. 14 15 E. Coordination with Other Agencies: The current draft of the UDC, with the 16 recommended focus group amendments, is being circulated to other city 17 agencies that are involved in the land development process for their 18 information and comment. 19 20 Ongoing process. 21 22 F. Evaluation of UDC Versus Established Professional Practices: The UDC 23 is being reviewed by staff and consultant to ensure that it is fairly 24 representative of recommended professional practices and best practices 25 recommendations. To the extent that various best management practices, 26 professionally accepted standards, and recommended practices are not 27 reflected in the UDC, significant deviations will be evaluated with 28 appropriate staff recommendations for action or future review. 29 30 One potential issue that may be of interest to the Mayor and Council is the 31 degree to which the proposed UDC may either permit or prevent 32 Traditional Neighborhood Development. This compact development form 33 is a growing national practice consistent with the Smart Growth 34 movement, and the ease with which it can be implemented in the city is 35 largely determined by the flexibility permitted in the city's land 36 development and zoning codes. 37 38 Ongoing process. Initial results August 22. 39 40 G. Evaluation of the UDC Versus the US Environmental Protection Agency 41 Smart Growth Criteria: The US Environmental Protection Agency created 42 a Smart Growth evaluation checklist that is intended for local governments 43 to use in self - evaluation of their codes. The staff is using this checklist to 44 evaluate the proposed UDC. Any issues identified by this evaluation will 45 be reported with appropriate recommendations for action or for future 46 review. —6g7— 1 2 The staff already requested technical assistance from the EPA Smart 3 Growth Program. EPA is evaluating the requests it received from all over 4 the country to determine which local governments will be awarded 5 technical assistance. Should the EPA select our city, there would be no 6 need at this time to hire a consultant to perform a Smart Growth 7 evaluation. Until we get a decision from EPA, we are using their self - 8 evaluation form to complete an initial review. 9 10 Estimated Completion Date: August 22. 11 12 5. Anticipated UDC Schedule: 13 14 August 13, 2008: Complete the Distribution of current version of UDC to Planning 15 Commission and affected agencies. 16 17 August 27, 2008: Complete the Distribution of Annotated version of UDC to 18 Planning Commission with latest comments from Administrative 19 Focus Group and affected agencies and staff analysis. 20 21 September 3, 2008: Discuss with the Planning Commission any issues with UDC to 22 date, and the format for the public hearing on September 17 and/or 23 October 1. 24 25 September 10, 2008: Transmittal of proposed public hearing UDC draft and a report 26 regarding UDC from staff and Administrative Focus Group to 27 Planning Commission, Mayor, and City Council. 28 29 September 17, 2008: Tentative earliest date for Planning Commission public hearing 30 on the proposed UDC. 31 32 October 1, 2008: Tentative date for Planning Commission public hearing regarding 33 proposed UDC. 34 35 October 28, 2008: Tentative date for public hearing regarding proposed UDC 36 conducted by the Mayor and City Council — depending on length of 37 Planning Commission deliberations. —604- City of Corpus Christi -610-