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HomeMy WebLinkAboutAgenda Packet City Council - 09/30/2008CITY COUNCIL AGENDA SEPTEMBER 30, 2008 411441111:11Z: ORPORAS 1852 11:45 A.M. - Proclamation declaring Thursday, October 2, 2008 as "Fight Back Against Cancer Day" Proclamation declaring Saturday, October 4, 2008 as "Sundeen Eagles Day" Proclamation declaring Tuesday, October 7, 2008 as "National Night Out" Proclamation declaring the month of October 2008 as "Human Resources Awareness Month" Proclamation declaring the month of October 2008 as "National Domestic Violence Awareness Month" Presentation by National Weather Service of the "Honored Institution Award" to Choke Canyon Dam "At Your Service Award ", City Staff Recognition AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD CORPUS CHRISTI, TEXAS 78401 SEPTEMBER 30, 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 yourname 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 cree que su ingles es limitado, habrr un interprete ingles- espaflol 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 Reverend Dr. Allen Mosiman, Parkway Presbyterian 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 Hummel! City Secretary Armando Chapa Bill Kelly John Marez Nelda Martinez Michael McCutchon E. MINUTES: 1. Approval of Regular Meeting of September 16, 2008. (Attachment# 1) Agenda Regular Council Meeting September 30, 2008 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, orordinances. 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 L 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) 2a. Motion authorizing the City Manager or his designee to accept funding in the amount of $4,000 from the Texas Department of Transportation for the purchase of traffic safety - related equipment for the Police Department. (Attachment # 2) 2.b. Ordinance appropriating $4,000 from the Texas Department of Transportation in the No. 1061 Police Grants Fund. (Attachment # 2) Agenda Regular Council Meeting September 30, 2008 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with Nueces County to participate in the Crisis Intervention Team (CIT), provide officers trained in crisis intervention to serve on the team, and provide $50,000 of in -kind services for officer training to participate in the Crisis Intervention Team (CIT). (Attachment # 3) 4. Motion authorizing the City Manager or his designee to execute a lease agreement with Greg Voisin Investment Corporation c/o Corpus Christi Realty Management, Inc. for a five -year term at $48,756 per year and providing for an annual adjustment as needed for insurance and property taxes. (Attachment # 4) 5. Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Tuloso- Midway Independent School District to install and share fiber optic cable from Tuloso Road and Leopard Street to 7601 Leopard. (Attachment # 5) 6. Ordinance authorizing the City Manager or his designee to execute a five -year lease agreement with Southside Youth Sports Complex, a non - profit organization, for the use of Price Park for its youth baseball program in consideration of Southside Youth Sports maintaining the premises and improvements. (Attachment # 6) 7. Ordinance authorizing the City Manager or his designee to execute a five -year lease agreement with Coastal Bend Corpus Christi Football League, a non - profit organization, for the use of Botsford Park for its football program in consideration of Coastal Bend Corpus Christi Football League maintaining the premises and improvements. (Attachment # 7) 8. Ordinance authorizing the City Manager or his designee to execute a five -year professional services contract and lease agreement with Cory Brooks, for tennis operations at the H.E. Butt Municipal Tennis Center (Tennis Center), in consideration of professional (pro) paying the city 5% of pro and lesson revenue, and collecting and forwarding City revenue for pro's exclusive use of tennis center, and City paying pro $4,138 per month for pro operating tennis center. (Attachment # 8) Agenda Regular Council Meeting September 30, 2008 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 9.a. Motion accepting a grant from PetSmart Charities in the amount of $9,975 for a trap /alter /release program and authorizing the City Manager or his designee to execute a grant agreement and any related documents. (Attachment # 9) 9.b. Ordinance appropriating a grant of $9,975 from PetSmart Charities in the No. 1066 Health Grants Fund to provide a trap /alter /release program. (Attachment # 9) 10. Motion authorizing the City Manager or his designee to execute a construction contract with Holloman Corporation, of Converse, Texas, in the amount of $728,522 for the Oso Water Reclamation Plant Headworks Odor Control System. (Attachment # 10) 11. Ordinance abandoning and vacating a 321.35- square foot portion of a 5 -foot wide utility easement out of the South End Addition, Block 6, Lot 3A, adjacent to South Staples Street, approximately 131 -feet south of the Park Avenue right -of -way; requiring the owner, Lloyd W. Holmes, to comply with the specified conditions. (Attachment# 11) 12. Second Reading Ordinance — Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding rules and procedures for Public Access Cablecasting regarding program delivery deadline time; providing for publication. (First Reading — 9/23/08) (Attachment # 12) J. PUBLIC HEARINGS: ZONING CASES: 13. Case No. 0708 -04, Patrick H. Nolan and Amy L. Nolan, d.b.a. The Storage Place: A change of zoning from a "R-1B" One - family Dwelling District to a "B-4" General Business District resulting in a change of land use from residential to commercial on property described as 2.64 acres out of Wilde Subdivision, Block 1, Lot 1, located on the west side of South Staples Street and approximately 1,000 feet south of Timbergate Drive. (Attachment# 13) Agenda Regular Council Meeting September 30, 2008 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Planning Commission and Staffs Recommendation: Denial of the "B-4" General Business District and, in lieu thereof, approval of a Special Permit for mini - storage use without outdoor storage on the subject property, subject to a site plan and six (6) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Patrick H. Nolan and Amy L. Nolan, d.b.a. The Storage Place, by changing the Zoning Map in reference to 2.64 acres out of Lot 1, Block 1, Wilde Subdivision, from "R-1B" One - family Dwelling District to "R-1B/SP" One - family Dwelling District with a Special Permit to allow for a mini - storage facility, subject to a site plan and six (6) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing for a repealer clause. K. PRESENTATIONS: Public comment will not be solicited on Presentation items. 14. Report on West Oso Independent School District by Superintendent Dr. Crawford H. Helms (To Be Considered at Approximately 5:00 p.m.) (Attachment # 14) 15. Update on Oso and Gabe Lozano Municipal Golf Courses (Attachment# 15) 16. Report on Municipal Court Judges Salary Comparison (Attachment # 16) 17. Convention and Visitors Bureau (CVB) Quarterly Report (Attachment # 17) 18. Port of Corpus Christi Authority Annual Report (Attachment # 18) 19. Downtown Management District (DMD) Annual Report (Attachment # 19) Agenda Regular Council Meeting September 30, 2008 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) L. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 20. Resolution authorizing the City Manager or his designee to execute a two -year Interlocal Cooperation Agreement with the Corpus Christi Downtown Management District in the amount of $145,000 for FY 2008 -2009 and between $145,000 and $160,000 for FY 2009 -2010 for assistance in the redevelopment of downtown Corpus Christi. (Attachment # 20) 21.a. Ordinance appropriating $129,072.76 from No. 3160 City Hall Capital Improvement Program (CIP) Fund, transferring to and appropriating in No. 1020 General Fund for Phase II of the Community Visioning Project known as BoldFuture; changing FY 2007 -2008 Capital Budget adopted by Ordinance No. 027546 by increasing appropriations by $129,072.76; changing FY 2008- 2009 Operating Budget adopted by Ordinance No. 027776 by increasing appropriations by $129,072.76. (Attachment # 21) 21.b Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Texas A &M University — Corpus Christi for the Phase II of the Community Visioning Project known as BoldFuture. (Attachment # 21) 22. 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 # 22) 23. Resolution expressing official intent to reimburse costs with respect to the construction of improvements to the City's Utility System from the issuance of Revenue Bonds with maximum principal amount not to exceed $75,000,000. (Attachment # 23) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN Agenda Regular Council Meeting September 30, 2008 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORMAT 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 ingl6s es limitado, habr6 un intarprete ingl6s- espafol en la reuni6n 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. N. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. O. 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 a;s%t 0 p.m., on September 24, 2008. Armando Chapa City Secretary Agenda Regular Council Meeting September 30, 2008 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com 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 aglit l'T'OWNI 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* Mike Hummell Bill Kelly Michael McCutchon John Marez** Nelda Martinez ABSENT Larry Elizondo, Sr. *Arrived at 10:32 a.m. * *Arrived at 11:28 a.m. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 16, 2008 - 10:00 a.m. City Staff: Interim City Manager Angel R. Escobar City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. Council Member Leal requested that a special prayer be given for Nicolasa Salinas, mother of Council Member Larry Elizondo. The invocation was delivered by Pastor Charles S. Brown with St. Paul United Church of Christ and the Pledge of Allegiance to the United States flag was led by Council Member Priscilla Leal. 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 consideration of the consent agenda (Items 1 - 10). There were no comments from the public. Council members requested that Items 1, 3, 4, 5, and 7 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2. MOTION NO. 2008 -244 Motion approving a software maintenance and licensing service agreement with SHI- Government Solutions, Austin, Texas for Novell Open Enterprise Server, Novell Open Workgroup Suite, GroupWise 7 and Novell Cluster Services Maintenance in accordance with the State of Texas Cooperative Purchasing Program for an estimated annual expenditure of $98,153. The term of the contract will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. The foregoing motion was passed and approved with the following vote: Garrett, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Cooper, Elizondo, and Marez were absent. —1— Minutes — Regular Council Meeting September 16, 2008 — Page 2 6.a. MOTION NO. 2008 -248 Motion authorizing the City Manager or his designee to accept grant funding in the amount of $145,069.25 from the Texas Department of Transportation (TXDOT) for a Comprehensive Selective Traffic Enforcement Project (STEP) in the Police Department for overtime DWI and Speed enforcement with a City match of $39,131.31 and to execute all related documents. 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. 6.b. ORDINANCE NO. 027852 Ordinance appropriating $145,069.25 from the Texas Department of Transportation (TXDOT) for funding for a Comprehensive Selective Traffic Enforcement Project (STEP) in the No. 1061 Police Grants Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Cooper, Elizondo, and Marez were absent. 8. MOTION NO. 2008 -249 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Govind Development, L.L.0 in the amount of $126,000 for a revised fee of $150,900 for the New Broadway Wastewater Treatment Plant for project oversight and assistance. 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. 9. ORDINANCE NO. 027857 Ordinance abandoning and vacating a 4,950- square foot portion of a 10 -foot wide utility easement out of the Midtown Industrial District, Block 1, Lots 62-63, adjacent to and south of Bear Lane and west of the South Navigation Boulevard and Bear Lane intersection; requiring the owner, A -1 Construction Co., Inc., to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Cooper, Elizondo, and Marez were absent. 10. ORDINANCE NO. 027854 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. (First Reading 09/09/08) —2— Minutes — Regular Council Meeting September 16, 2008 — Page 3 The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye'; Cooper, Elizondo, and Marez were absent. Mayor Garrett opened discussion on Item 1 regarding a supply agreement for gas service regulators. Council Member Leal asked questions regarding the year the regulators were implemented; the number of gas customers; the number of regulators purchased and the number required; and whether the price includes shipping costs. Assistant Director of Financial Services Michael Barrera stated that the regulators are used as replacements, for all new services, and for the Automated Meter Reading (AMR) project that began three years ago. Mr. Barrera added that there are approximately 40,000 to 50,000 gas customers. Mr. Barrera stated that he was unaware of the number purchased and that the regulators are going to be used for the regular operations for maintenance and new subdivisions. Mr. Barrera provided an explanation of the purpose for the regulators and said that the price included shipping costs. City Secretary Chapa polled the Council for their votes as follows: 1. MOTION NO. 2008 -243 Motion approving a supply agreement with Global Metering Systems, of Lancaster, Ohio, for approximately 8,000 gas service regulators in accordance with Bid Invitation No. BI- 0165 -08, based on low bid, for an estimated annual expenditure of $118,800, of which $99,000 is budgeted in FY08 -09. The term of the agreement shall be for twelve months with an option to extend for up to two additional twelve -month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Gas Department in FY08 -09. 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. Mayor Garrett opened discussion on Item 3 regarding the lease /purchase of two (2) side loader refuse trucks. Council Member Leal asked questions regarding the reason the Solid Waste Department needed two additional refuse side loader trucks and the timeline that the City can continue operations without the purchase of the trucks. Assistant Director of Solid Waste Services Lawrence Mikolajczyk stated that the two trucks were additions to the fleet to help service the current and future growth of the City and to maintain the current fleet. Director of General Services Jim Davis explained that the trucks are essential for the department to replace five (5) trucks that will be placed in the refurbishment program. Mr. Davis added that the five (5) trucks have met their life service and that the refurbishment program will allow the trucks to be used an additional two to four years. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2008 -245 Motion approving the lease /purchase of two (2) side loader refuse trucks from Rush Truck Center, of Houston, Texas in the amount of $487,498. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). These units are additions to the fleet and will be used by the Solid Waste Department. Financing for the refuse truck will be provided through the City's lease - purchase financing program. The foregoing motion was passed and approved with the following vote: Garrett, Hummell, Kelly, McCutchon, and Martinez, voting "A y"; Leal voting "No"; Cooper, Elizondo, and Marez were absent. Minutes — Regular Council Meeting September 16, 2008 — Page 4 Mayor Garrett opened discussion on Item 4 regarding the lease /purchase of two (2) rear loading refuse trucks. Council Member Leal stated that she inadvertently pulled Item 4 for discussion. City Secretary Chapa polled the Council for their votes as follows: 4. MOTION NO. 2008 -246 Motion approving the lease /purchase of two (2) rear loading refuse trucks from Grande Truck Center, San Antonio, Texas in the amount of $384,060. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). These units are replacements to the fleet and will be used by the Solid Waste Department. Financing for the refuse truck will be provided through the City's lease- purchase financing program. The foregoing motion was passed and approved with the following vote: Garrett, Hummel!, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper, Elizondo, and Marez were absent. Mayor Garrett opened discussion on Item 5 regarding consultant services agreements for the Development Services Department. Assistant City Manager Robert Nix explained that this item was for approval of consultant services agreements to assist the Development Services Department with plan review services inspection services, adjunct staffing and program audit services. The following topics pertaining to this item were discussed: the reason for outsourcing the services; the number of certified /non - certified inspectors; whether the services are budgeted; fee increases; builders and developers expressing interest for outside vendors for inspections or plan reviews; supplementing costs; whether contracting with outside agencies would allow less scrutiny; monitoring procedures; the number of trained individuals that could be hired by the department for $250,000 versus the services provided by the consultants; long term solutions to resolve the problems at Development Services; whether permanent positions will be deleted; the number of Request for Qualification (RFQ) issued and received; the fourth bid received that was not recommended for approval; excluding local businesses; conflict of interests; the line item in the budget; whether developers has the option of choosing a specific consultant; and whether the consultants would be considered on a rotating basis. City Secretary Chapa polled the Council for their votes as follows: 5. MOTION NO. 2008 -247 Motion approving consultant service agreements with the following companies for the following amounts for Plan Review Services, Inspection Services, Adjunct Staffing Services and Program Audit Services in accordance with Request for Qualification No. i31- 0066 -086, based on most qualified proposals for an estimated annual expenditure of $250,000. The term of the agreements will be for twelve months with an option to extend the agreements for up to two additional twelve month periods subject to the approval of the consultants and the City Manager or his designee. Sunrise Engineering Inc. Bureau Veritas Building Code Cnslt. Svcs. Mesa. AZ Plano. TX Dallas. TX Plan Review, Plan Review, Inspection Services, Program Audit Program Audit, Plan Review, $75,000 Inspection Svcs., Adjunct Staffing Adjunct Staffing $75,000 $100,000 Grand44alt $250,000 Minutes — Regular Council Meeting September 16, 2008 — Page 5 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, McCutchon, and Martinez, voting "Aye "; Elizondo, Leal, and Marez were absent. Mayor Garrett opened discussion on Item 7 regarding a Secondary Emergency Operations Center. In response to Council Member McCutchon, Fire Chief Richard Hooks said that the AT &T Texas Facility would be used as a secondary emergency operation center in the event that something happened to the current Emergency Operations Center (EOC). Chief Hooks added that AT &T has agreed to provide access at no costs to the City. Chief Hooks introduced Sandra Alvarez with AT &T and thanked AT &T for their assistance. City Secretary Chapa polled the Council for their votes as follows: 7. RESOLUTION NO. 027853 Resolution authorizing the City Manager or his designee to execute a Use Agreement with AT &T Texas for use of AT &T Texas Facility as a Secondary Emergency Operations Center. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, McCutchon, and Martinez, voting "Aye"; Elizondo, Leal, and Marez were absent. ............* Mayor Garrett opened discussion on Item 17 regarding Las Brisas Energy Center. Director of Economic Development Irma Caballero stated that this item is requesting support for Las Brisas Energy Center's Application for an air permit filed with the Texas Commission on Environmental Quality (TCEQ). Ms. Caballero introduced the present team as follows: John UpChurch, Roland Mower, Kathleen Smith, Buddy Stanley, and John Riley. Ms. Caballero provided a brief overview of the environmental and economic benefits to the community. Roland Mower, CEO of the Corpus Christi Regional Economic Development Corporation (EDC) referred to a powerpoint presentation including an overview of the presentation; the project summary; site map; photo of the project site; partnering opportunities; supporting agreements; and benefits. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 17. RESOLUTION NO. 027859 Resolution supporting Las Brisas Energy Center's application for an air permit filed with the Texas Commission on Environmental Quality. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Elizondo and Marez were absent. Mayor Garrett referred to Item 11, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 5_ Minutes — Regular Council Meeting September 16, 2008 — Page 6 Case No. 0708 -01, Daniel L. Henderson: A change in zoning from "1 -2" Light Industrial District to an "1 -3" Heavy Industrial District resulting in a change of land use from light industrial to heavy industrial for an above ground fuel storage tank on property described as being a 900 - square foot tract of land, being out of the 4.769 acre tract of land as described in deed recorded in Document No. 1998047073, Official Records of Nueces County, Texas, said 900 - square foot tract is out of Section 8, Range "V", H. L. Kinney Sectionalized lands, Villarreal Grant, Nueces County, Texas, located at 7331 Leopard Street, generally located on the interior of the property at the northwest corner of Leopard Street and Southern Minerals Road. City Secretary Chapa stated that the Planning Commission and staff recommended denial of an "1 -3" Heavy Industrial District, and in lieu thereof, approval of an "1 -2" Light - Industrial District with a Special Permit for one (1) 1,000 gallon UL2085 above ground fuel storage tank subject to a site plan with four 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. The following topics pertaining to this item were discussed: ways for creating a circumstance in "1 -2" zoning to allow for an above ground storage tank; whether there is currently a tank on the property; how long the tank has been on the property; the chronological order for allowing an above ground storage tank; the repercussions to property owners for disregarding the zoning ordinance requirements; whether action can be taken against the business that installed or constructs the tank; whether a building permit was issued; and the fire marshal inspection. Mr. Chapa polled the Council for their votes as follows: 11. ORDINANCE NO. 027855 Amending the Zoning Ordinance, upon application by Daniel L. Henderson, member and registered agent, 7404 Leopard Street Property, LLC, by changing the zoning map in reference to a 900 - square foot tract of land, being out of the 4.769 acre tract out of H.L. Kinney sectionalized lands, Villarreal Grant, Section 8, Range "V", from "1 -2" Light Industrial District to "I -2 /SP" Light Industrial District with a Special Permit to allow one (1) 1,000 gallon UL2085 above ground fuel storage tank, 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 for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, and McCutchon, voting "Aye "; Elizondo, Marez, and Martinez. Mayor Garrett referred to Item 12, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0808-01, David and Kacy Alexander A change in zoning from an "A-1" Apartment House District to "F -R" Farm -Rural District resulting in a change of land use from vacant to agricultural on property described as a 7.93 acre tract of land, being out of the South one - half of Lot 32, Section 49, Flour Bluff and Encinal Farm and Garden Tracts. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "F -R" Farm -Rural District. -6- Minutes — Regular Council Meeting September 16, 2008 — Page 7 No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Dr. McCutchon, and passed. The following topics pertaining to this item were discussed: whether the applicant is the current owner of the entire property; whether the applicant is requesting that a section of the property be used for residential; whether the existing land use and zoning prevents the applicant from allowing livestock on the property; the current zoning of the property; "F -R" zoned land in the area that has residential; the reason the area was platted with a residential lot; whether the land was zoned for apartments before the applicant carved out the residential portion of land; whether there is "F -R" zoning in the city limits; agricultural exemptions; the reason the total property is not being requested as an "F-R"; the requirement for livestock on property; the zoning history on this property; the comprehensive rezoning of Flour Bluff; what is on Lots 13, 14, and 15; zoning notices sent to the Naval Air Station (NAS); lack of infrastructure; surrounding properties zoned "F-R"; the infrastructure that would have to be in place for "A -1" future development; the number of animals allowed if the property was low- density residential; and whether there are presently homes on Lots 11, 12, and 13. Mr. Chapa polled the Council for their votes as follows: 12. FAILED An emergency was declared, and the foregoing ordinance failed with the following vote: Martinez voting "Aye'; Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, and Marez, voting "No "; Elizondo was absent. Mayor Garrett referred to Item 13, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0808 -02, Kuhn Equipment Company: A change in zoning from an "1 -2" Light Industrial District to an "1 -3" Heavy Industrial District resulting in a change of land use from light industrial to heavy industrial on property described as a 727.99 square foot tract of land out of Lot 4A, Block 4, Interstate Industrial Complex, located approximately 900 feet west of the 11-137 / Corn Products Road intersection. City Secretary Chapa stated that the Planning Commission and staff recommended denial of an "1 -3" Heavy Industrial District, and in lieu thereof, approval of an "1 -2" Light - Industrial District with a Special Permit for one (1) UL2085 above ground fuel storage tank not to exceed 10,000 gallons subject to a site plan and four (4) conditions. No one appeared in opposition to the zoning change. Mr. Marez made a motion to close the public hearing, seconded by Mr. Hummell, and passed. Mr. Chapa polled the Council for their votes as follows: —7— Minutes — Regular Council Meeting September 16, 2008 — Page 8 13. ORDINANCE NO. 027856 Amending the Zoning Ordinance, upon application by Kuhn Equipment Company, by changing the Zoning Map in reference to a 727.99- square foot tract of land out of Interstate Industrial Complex, Lot 4A, Block 4, from "1 -2" Light Industrial District to "I -2 /SP" Light Industrial District with a Special Permit to allow for one (1) UL2085 above ground fuel storage tank not to exceed 10,000 gallons, 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 for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Elizondo was absent. xexrxx *ww +w *w Mayor Garrett read the following statement regarding Item 14: "As a result of the situation with Hurricane Ike causing unfavorable market conditions at this time and upon the advice of the City's financial advisor, consideration of the sale of the City's solid waste certificates of obligation shall be delayed for one week, and shall be considered at the September23, 2008 City Council meeting." 14. POSTPONED UNTIL SEPTEMBER 23, 2008 = ' - - - - 1 • ! • - - - - - - - - -- - -- - !ell!!! - - -- - othcr matters relating to the subject. Mayor Garrett called for a brief recess to present proclamations and listen to public comment. Mayor Garrett called for petitions from the audience. J.E. O'Brien, 4130 Pompano, spoke regarding the ending general fund balance for the last five years; the effective tax rate and the projected fund balances for the general fund and the debt service fund for 2007 and 2008. Bob Algeo, 15629 Three Fathoms Bank, spoke regarding the rescue efforts from the Halo helicopter and Coast Guard and the tragic loss of Michael Moxley on the beach. Mayor Garrett announced the executive sessions, which were listed on the agenda as follows: (Item 20 was postponed) 19. Executive session under §551.071 of the Texas Government Code for legal advise regarding proposed classification of Corpus Christi Bay as an impaired body of water on the EPA 303(d) list, with possible discussion and action related thereto in open session. Minutes — Regular Council Meeting September 16, 2008 — Page 9 open--sessie 21. Executive session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. t f++ w* x w w*•+ Mayor Garrett opened discussion on Item 15 regarding the establishment of a State Veterans Cemetery. City Attorney Fischer provided a background of the issue including the state legislation; the establishment of the Texas State Veterans' Committee; the committee's request for proposal (RFP) for donation of suitable property; the approval of the site submitted by Nueces County; and the agreement between Nueces County and Flint Hills Resources, L.P. to acquire the 55 acres of land. Ms. Fischer stated that later this month, the closing will take place and Nueces County will transfer the property to the State for construction and maintenance of a State Veterans' Cemetery. Ms. Fischer provided a list of items that pertain to the City in the Memorandum of Understanding including providing a pumping system and pipeline to the proposed cemetery site to provide Type II reclaimed water for irrigation purposes at no cost to the Veterans Land Board and that the City will not charge for the reclaimed water; allowing connection to an existing 16 inch water line adjacent to the proposed cemetery site domestic and fire purposes; agreeing to install fire hydrants in the right -of -way areas adjacent to the property if required by the Fire Marshal; and that the City will use its best efforts to annex the site as pursuant to the Texas Government Code. Council Member McCutchon asked for the reason that the Veterans Land Board would request annexation. Ms. Fischer said that the City cannot prohibit drilling unless the site is within the City limits. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 15. MOTION NO. 2008 -250 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. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Elizondowas absent. Mayor Garrett opened discussion on Item 16 regarding the proposed Zahn Road Improvement Project. Project Manager Dan McGinn provided an overview of -the improvements including the concept from Forestar Real Estate Group to improve the existing conditions of Zahn Road; the current and future functions of Zahn Road; current construction of the boat ramp and boat ramp road; the coordination efforts during the permitting process; the resolution authorizing the City staff to cooperate with Forestar on appropriate application and negotiate an agreement; the development agreement; and the work with the Island Action Committee. Mr. McGinn presented photos of the project area. -9- Minutes - Regular Council Meeting September 16, 2008 - Page 10 The following topics pertaining to this item were discussed: concerns with the effect to the dunes; whether the property is on Texas General Land Office (GLO) property; the wetlands; the name of the boat ramp road; traffic control; the language in the resolution; whether Zahn Road will remain a public access road; and how Zahn Road weathered the conditions from Hurricane Ike. Council Member Hummell made a motion to amend the resolution by changing the last sentence in Section 2 to read "subject to approval of Council ". The motion was seconded by Ms. Leal. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Elizondo was absent. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 16. RESOLUTION NO. 027858 Resolution authorizing the City Manager or his designee to cooperate with Forestar Real Estate Group, Inc. to make applications for required construction permits to support the proposed Zahn Road Improvement Project under the concept proposed by Forestar Real Estate Group, Inc., and to negotiate an agreement between Forestar Real Estate Group, Inc. and the City of Corpus Christi that sets out the mutually agreeable responsibilities and obligations of each party to the agreement. The foregoing resolution was passed and approved as amended with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Elizondo was absent. * * * * * * * * ** * ** Mayor Garrett referred to Item 18 regarding a presentation on the status and proposed schedule of hearings for adoption of the Unified Development Code (UDC). Assistant City Manager Robert Nix provided a status on the UDC including a tentative schedule for the completion and major issues dealing with legality, conflicts between provisions in the codes, identifying and eliminating inconsistencies, the relationship between the UDC and the Code of Ordinances Chapter 14., Development Services, and conflicts with State law provisions. The following topics pertaining to this item were discussed: the amount paid to the consultant; the creation of a one stop shop; the changes involving the Municipal Information System (MIS) Department; the timeframe for the review of the U.S. Environmental Protection Agency (EPA) Smart Growth criteria; requirements for windmills; provisions for reducing fall diameter based on breakaway polls; vertical access wind turbines; and noise violations. * * * * * * * * * * * * * There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 1:27 p.m. on September 16, 2008. -10- 2 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 09/30/2008 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept funding in the amount of $4,000 from the Texas Department of Transportation for the purchase of traffic safety - related equipment for the Police Department. B. Ordinance appropriating $4,000 from the Texas Department of Transportation in Fund 1061 Police Grants Fund. ISSUE: The Police Department has received a $4,000 incentive award from TXDOT for participation in the 2008 Click It or Ticket mobilization. BACKGROUND: TXDOT is giving various incentive awards across the State for performance in the 2008 Click It or Ticket mobilization. The funds will be used to purchase traffic safety equipment for use by the Police Department. REQUIRED COUNCIL ACTION: Approval to appropriate the funds. CONCLUSION AND RECOMMENDATION: Appropriation of fu Attachments: ✓ Award document -13- B.P.Smith Chief of Police Air Texas Department of Transportation P.O. BOX 9907 • CORPUS CHRISTI, TEXAS 78469 -9907 • (361) 808 -2300 August 26, 2008 The City of Corpus Christi Police Dept., P.O. Box 9016 Corpus Christi, TX 78469 Attn: Pat Eldridge RE: Letter of Agreement (LOA) Click It or Ticket Incentive Program Dear Ms. Eldridge: Attached are two (2) original copies of the Click It or Ticket Incentive Program (CIOT) Agreements. Please have these documents executed by the City Manager. Upon execution, please return the signed documents to me for further processing. We will return signed originals once the documents have been fully executed. If you have any questions regarding these Agreements, please contact me at (361) 808 -2351 or by email at sndima a,dot.state.tx.us. Enclosure cc: Project file —14— Sincerely, Stephen Ndima Transportation Planner Contract Number: Charge Number: PIN: 17460005741000 Letter of Agreement FY 2008 Click It or Ticket It Mobilization Incentive Project THIS LETTER OF AGREEMENT (LOA) is made pursuant to the FY 2008 Click It or Ticket It Mobilization Ince Incentive Project random drawing by and between the Texas Department of Transportation (TxDOT) and city of Corpus Chri to formalize their agreement concerning the purchase and reimbursement for traffic safety equipment and /or training. It is understood and agreed upon by both parties that the following conditions and /or responsibilities must be followed: City of Corpus Christi Conditions /Responsibilities: 1 The Subgrantee has been selected to receive up to $ 4000 in reimbursement funds for the purchase of traffic safety equipment and /or training. 2 The Subgrantee must state their intent to purchase traffic safety equipment and /or training and to describe said equipment and /or training on the Purchase Request Form available in eGrants prior to making the purchase. The Purchase Request Form must be approved by TxDOT authorizing them to make the purchase. No purchases may be made before receiving this authorization. 3 The Subgrantee must make the purchase no later than 09/30/2008 . 4 The Subgrantee must complete a Request For Reimbursement, attach the invoice and submit it in eGrants to TxDOT no later than thirty (30) days of the purchase date. The invoice must include: (1) description of the item(s) purchased, (2) cost of each item(s) purchased, (3) date of purchase etc. 5 The Subgrantee must complete the inventory identification form and submit it to TxDOT no later than thirty (30) days from the date of purchase. The inventory identification form must have all of the information on the form completed. Information such as the serial number, local inventory number and contact information for the agency property manager is required. 6 The Subgrantee must ensure the equipment and /or training is used for traffic safety activities. 7 The Subgrantee must complete and submit the Certification of Existence and Condition for Traffic Safety Program Inventory Form sent by the TxDOT Traffic Safety Policy and Procedure Coordinator. 8 The Subgrantee must maintain and inventory the equipment as per their intemal inventory procedures. TxDOT Conditions / Responsibilities: I TxDOT will reimburse the actual cost of the equipment item(s) and /or training up to $ 4000 . 2 TxDOT will exercise good faith to make the reimbursement within thirty (30) days of receipt of a properly prepared invoice. 3 TxDOT Traffic Safety Policy and Procedure Coordinator will be responsible for sending Certification of Existence and Condition for Traffic Safety Program Inventory to the agency on an annual basis. TxDOT and the City of Corpus Chr signify their acceptance of this letter of agreement by signing below. Each signature is a certification that the person signing below has the authority to enter into the agreement on behalf of the agency. For City of Corpus Christi For Texas Department of Transportation Sig ur � C if Signature (D.E. or designee) LEta& :t aWV)C ii Typed /Printed Name and Title Typed /Printed Name and Title Date /9f06 Date -15- ORDINANCE APPROPRIATING $4,000.00 FROM THE TEXAS DEPARTMENT OF TRANSPORTATION IN NO. 1061 POLICE GRANTS FUND; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $4,000.00 from the Texas Department of Transportation is appropriated in No. 1061 Police Grants Fund. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of September, 2008. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED. ' eptember 924 , 2008 T'%'° a Dang Assistant City Attomey For City Attomey ORD APPRO 4 TxDoT -16- 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 ORD APPRO 4 TxDoT -17- 3 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 09/30/08 AGENDA ITEM: Resolution authorizing the City Manager or his designee to execute an interlocal agreement with Nueces County to participate in the Crisis Intervention Team (CIT), provide officers trained in crisis intervention to serve on the team, and provide $50,000 of in -kind services for officer training to participate in the Crisis Intervention Team (CIT). ISSUE: Nueces County received a grant from the Substance Abuse and Mental Health Services Administration to establish a crisis intervention team in Nueces County to divert persons with mental illness and /or co- occurring substance abuse disorders to community based services rather than place them in jail. BACKGROUND: The City entered into an interlocal agreement 01/24/07 to participate in the Crisis Intervention Team. This will be the third year of the agreement and the City will provide an in -kind match of $50,000 to train CCPD officers and dispatchers in Crisis Intervention Recognition. All training will be conducted on -duty and reimbursed by the grant. As officers encounter individuals on the street that may have a substance abuse or mental illness issue, a member of the CIT will be contacted to review the case and make a recommendation to incarcerate or not. The training provides officers with this information. The interlocal agreement is in effect from May 1, 2008 through April 30, 2009. The Nueces County Commissioners Court will consider the agreement on October 8, 2008. REQUIRED COUNCIL ACTION: Approval of the interlocal agreement. FUNDING: Funds are available in the General Fund — Police Budget. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the interlocal agreement. Attachments: Interlocal agreement —21— Bryan P. Smith Chief of Police STATE OF TEXAS COUNTY OF NUECES INTERLOCAL AGREEMENT BETWEEN NUECES COUNTY AND CITY OF CORPUS CHRISTI WHEREAS, Nueces County, herein "County" was awarded a Substance Abuse and Mental Health Services Administration (SAMHSA) Grant, herein "Grant "; WHEREAS, one of the purposes of this Grant is prior to booking divert persons with mental illness and /or co- occurring substance abuse disorders to community based services; WHEREAS, collaboration with all entities within Nueces County having police protection and detention powers is essential for accomplishment of stated purpose; WHEREAS, the City of Corpus Christi herein "City" has police protection and detention powers; WHEREAS, Chapter 791 of the Texas Government Code, as amended authorized contracts between local governmental agencies to perform governmental functions, inclusive of section 791.025, Texas Government Code which permits agreements between local governments for the purchase of goods and services and satisfies the requirement of local governments to seek competitive bids for the purchase of goods and services. NOW, THEREFORE, THIS AGREEMENT is hereby made and entered into by the City and County upon and for the mutual considerations stated herein: WITNESSETH Section 1. Obligations of City City agrees to the following: 1. Provide a Crisis Intervention Team (CIT) Coordinator /Trainer on an as needed basis to assist with the curriculum development and training of Law Enforcement Officers, Dispatchers and Correctional Officers. 2. Recruit Corpus Christi Police Officers, herein "Officers," for the 40 -hour Crisis Intervention Team specialized training. Page 1 of 5 -22- 3. Allow Officers to participate in the 40 -hour Crisis Intervention Team specialized training designed to teach: a. Law enforcement safety b. Mental health related topics c. Crisis resolution skills d. De- escalation training e. Access to community-based services Maximum number of paid Crisis Intervention Team slots available 30 per year. Number is subject to change upon written agreement by both parties. 4. Allow Dispatchers who have not previously been trained, to participate in a 4- hour Crisis Intervention Recognition training course designed to teach: a. Recognition and Assessment of a Mental Health Crisis Event b. Appropriate Questions to Ask Caller c. Identify Nearest Crisis Intervention Team Officer d. Policies and Procedures 5. Educate Supervisors and Command staff on Crisis Intervention Team policies and procedures. 6. Participate in Crisis Intervention Team recognition events, training ceremonies, and community Crisis Intervention Team awareness events. 7. Provide representation for scheduled Project Oversight and Interdisciplinary Committee Meetings. 8. Assist in obtaining additional funding for the continuation of the Crisis Intervention Team training after the Grant ends. 9. Provide Fifty Thousand Dollars ($50,000) IN -KIND contributions to the County to be used as a local match for year 3 of said Grant. In -kind contributions shall be limited to CIT trainer time, each officer's 40 hour training (excluding overtime), each dispatcher 4 -hour training (excluding overtime), cost of facilities or equipment used for CIT training class, and travel expenses (limited to pre - approved airfare and hotel, and County per diem). 10. Provide documentation substantiating monetary value of in -kind services, excluding any overtime. Documentation shall be sufficient to comply with SAMHSA Grant requirements. Back up documentation or receipts as well as itemized documentation shall be submitted within 30 days of each training session. Section 2. Obligations of County L Upon exceeding the City's $50,000 in -kind contribution, County will reimburse the Corpus Christi Police Department the cost of any out of state travel expenses Page 2 of 5 -23- incurred by the CIT Coordinator or Commanding Officer to attend the National CIT Conference or the annual Grantee Conference. Travel expenses are limited to pre- approved airfare and hotel, and County per diem. Receipts shall be provided prior to reimbursement. 2. Coordinate all Crisis Intervention Team training, recognition, and community Crisis Intervention Team awareness events. 3. As the lead agency, provide programmatic and financial oversight of the Grant. 4. Serve as the fiscal conduit for the Grant. 5. Be responsible for completing and submitting reports as mandated by SAMHSA. 6. Provide technical assistance to partnering agencies. 7. Work in collaboration with community stakeholders to design a comprehensive service delivery system. 8. Develop general policies and procedures for referrals to partnering agencies. Section 3. Term This Agreement shall be in effect for a period of one year, from May 1, 2008 through April 30, 2009. This Agreement may be terminated by either party, without cause, upon thirty days notice to the other party. Section 4. Liability Nothing in the performance of this Agreement shall impose any liability for claims against County other than claims for which liability may be imposed by the Texas Tort Claims Act. Nothing in the performance of this Agreement shall impose any liability for claims against City other than claims for which liability may be imposed by the Texas Tort Claims Act. Each party to this Agreement will be responsible for its own action in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Page 3 of 5 -24- Section 5. Notices All notices, demands, requests, or replies for or permitted by a party under this Agreement must be in writing and shall be by registered or certified United States mail or by a recognized commercial carrier or delivery services as follows: NUECES COUNTY: CITY OF CORPUS CHRISTI: Section 6. Current Revenues Nueces County Judge Nueces County Courthouse 901 Leopard, Rm. 303 Corpus Christi, Texas 78401 Office of the City Manager City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469 Each party paying for the performance of governmental services pursuant to this Agreement must make those payments from current revenues available to the paying party. Section 7. Annual Appropriations The parties mutually agree and understand that funding under this agreement is subject to annual appropriations by the County and that each fiscal year's funding must be included in the budget for that year and is not effective until approved by the County Commissioners Court. Section 8. Compliance with Laws All parties agree to comply with all applicable city, state, and federal laws, regulations, and rules that may pertain to each party's performance under this Agreement. Section 9. Amendment This Agreement may be amended only by written agreement approved by each respective governing body at a noticed meeting and signed by the County Judge and the City Manager. Section 10. Independent Contractor This Agreement will not be construed as creating an employer /employee relationship between Contractor and County. Page 4 of 5 -25- Section 11. Venue Venue for resolution by a court of competent jurisdiction of any dispute arising under the terms of this Agreement, or for enforcement of the provisions of this Agreement, is specifically set by Agreement of the parties in Nueces County, Texas. Section 12. Entirety Clause This Agreement contains the entire understanding and agreement between the parties, and no oral statements or representations or prior written matter not contained in this Agreement shall have any force and effect. Section 13. Severability If a court of competent jurisdiction determines that any term of this Agreement is invalid or unenforceable to any extent under applicable law, the remainder of this Agreement (and the application of this Agreement to other circumstances) shall not be affected thereby, and each remaining term shall be valid and enforceable to the fullest extent permitted by law. EXECUTED on the dates indicated below binding the respective parties as of the last date of execution below. NUECES COUNTY By: Date: Samuel L. Neal, Jr., County Judge Attest: By: Diana T. Barrera, County Clerk CITY OF CORPUS CHRISTI By: Date: Attest: By: Page 5 of 5 -26- RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT WITH NUECES COUNTY TO PARTICIPATE IN THE CRISIS INTERVENTION TEAM (CIT), PROVIDE OFFICERS TRAINED IN CRISIS INTERVENTION TO SERVE ON THE TEAM, AND PROVIDE $50,000 OF IN -KIND SERVICES FOR OFFICER TRAINING TO PARTICIPATE IN THE CRISIS INTERVENTION TEAM (CIT). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to execute an interlocal agreement with Nueces County to participate in the Crisis Intervention Team (CIT), provide officers trained in crisis intervention to serve on the team, and provide $50,000 of in -kind services for officer training to participate in the Crisis Intervention Team (CIT). ATTEST: Armando Chapa City Secretary APPROVED: September 16, 2008 kfri T. Tris ang Assistant City Attorney For City Attorney INTERAGR • CIT.doc —27— THE CITY OF CORPUS CHRISTI 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 Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon INTERAGR - CIT-doc -28- 2 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 09/16/2008 AGENDA ITEM: Motion to authorize the City Manager or the City Manager's designee to execute a lease agreement with Greg Voisin Investment Corporation c/o Corpus Christi Realty Management, Inc. for a five year term at $48,756 per year and providing for an annual adjustment as needed for insurance and property taxes. ISSUE: The Police Department has lost a parking lease agreement at the Corona Substation and must relocate in order to provide adequate parking for both police vehicles as well as officers personal vehicles. BACKGROUND INFORMATION: The Police Department has been leasing parking spaces from Owens Brothers Management for police personnel who attend briefings at the Corona assembly point. The department was notified that these spaces are no longer available making relocation a necessity. The new location at 2230 Saratoga Blvd. will house offices who are briefing out of the Corona assembly point as well as the Safe Streets Task Force and Juvenile Enforcement Team Officers. The lease agreement provides for 3 months free rent to provide reimbursement to the City for purchase and installation of flooring. The estimated target for relocation is December 1, 2008 REQUIRED COUNCIL ACTION: Approval of the motion. PREVIOUS COUNCIL ACTION: None FUNDING: Funds are provided in the Police General Fund with the FBI contributing a monthly stipend for their area. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. Attachments: • Lease Agreement ■ Confirmation letter from FBI -31- B. P. Smith Chief of Police LEASE AGREEMENT THIS INDENTURE OF LEASE dated the 23rd day of September, 2008 by and between Greg Voisin Investment Corporation c/o Corpus Christi Realty Management, Inc. having an office for the transcription of business at 4646 Corona Drive, Suite 270, Corpus Christi, Texas 78411 and its mailing address as P.O. Box 81281, Corpus Christi, Texas 78468 -1281 (hereinafter referred to as "Landlord ") and The City of Corpus Christi, having its place of business at 2230 Saratoga Blvd, Corpus Christi, Texas 78415 and its mailing address as City of Corpus Christi, Attn: City Attorney, P. 0. Box 9277, Corpus Christi, Texas 78469 (hereinafter referred to as "Tenant"). WITNESSETH: In consideration of Ten ($10.00) Dollars and other good and valuable consideration, and the mutual covenants contained herein, and intending to be legally bound hereby, Landlord and Tenant hereby agree with each other as follows: SECTION 1. Premises: Landlord hereby leases and lets to Tenant, and Tenant hereby takes and hires from Landlord, upon and subject to the terms, conditions, covenants and provisions hereof, the following described premises consisting of 4780 square feet which are hereinafter referred to as the "Demised Premises ": 2230 Saratoga Blvd., Corpus Christi, Texas 78415 legally described as Saratoga Place lots 19, less portion to R.O.W., 20 & 21, Block 7 SECTION 2. Term: The initial term of this lease shall be for Five (5) years, three (3) months, commencing on December 1, 2008, and ending on February 28, 2014, subiect to annual appropriation of funds by Tenant. SECTION 3. Rent: The rental on the Demised Premises for the initial term will be at the following rates: Months Following the Commencement Date Annual Base Rate Per Square Foot of Net Rentable Area Annual Base Rent Monthly Payment 1 - 3 $0.00 $0.00 $0.00 4 — 15 $10.20 $48,765.00 $4,063.00 16 — 27 $10.20 $48,756.00 $4,063.00 28 — 39 $10.20 $48,756.00 $4,063.00 40 — 51 $10.20 $48,756.00 $4,063.00 52 — 63 $10.20 $48,756.00 $4,063.00 All rent shall be payable by Tenant by the fifth day of each and every calendar month during the term of this lease, and shall be payable at the office or residence of the Landlord first above written or at such other place of which Landlord shall give Tenant written notice at least thirty (30) days in advance. Monthly installments not made by the fifth day of the month will be subject to a late fee of 5% of the monthly rent which shall be added to the rent and paid to Landlord as additional rent. 2230 Saratoga City of CC Lease Sept 17 2008 - clean —32— SECTION 4. Security Deposit: Simultaneously with the execution and delivery of the lease, Tenant is depositing with Landlord the sum of zero dollars($0.00) herein referred to as "Security Deposit ", which sum shall be deposited without interest with Landlord as security for the faithful performance by Tenant of all the terms, covenants, and conditions of this lease by said Tenant to be kept and performed during the term thereof, it being expressly understood that such Security Deposit is not an advance payment of basic rent, and additional rent, or any other sums payable by Tenant to Landlord hereunder or a measure of Landlord's damages in case of default by Tenant. Should Tenant comply with all of the terms, covenants, and conditions of this Lease and promptly pay all of the basic rent, any additional rent, or any other sums payable by Tenant to Landlord hereunder, the Security Deposit shall be returned in full to Tenant within 30 days after the end of the term of this lease, by mailing same to the office or residence of the Tenant first above or at such other place of which Tenant shall give Landlord written notice at least thirty (30) days in advance. SECTION 5. Additional Rent: Effective upon the date on which rental shall be determined to commence under the provisions hereof, Tenant agrees to pay to Landlord as additional rent as follows: (a) Any increases in the real property taxes and assessments which may be levied or assessed by any lawful authority, for each calendar year or tax year subsequent to the first lease year ("the Base Year "), against the Demised Premises. Landlord shall notify Tenant of any increases in the taxes at least four months prior to the end of Tenant's fiscal year, in order to be paid in the upcoming fiscal year of the Tenant. (b) Any increases in the premiums for fire and extended coverage insurance carried by Landlord on the Demised Premises, for each and every calendar year subsequent to the first lease year ("the Base Year ") Landlord shall notify Tenant of any increases in the insurance premium at least four months prior to the end of Tenant's fiscal year, in order to be paid in the upcoming fiscal year of the Tenant. As soon as practicable after the end of each calendar year, Landlord shall prepare a statement of comparative operating expenses along with a computation of the additional rental due the Landlord. Within ten (10) days following receipt of said statement, Tenant agrees to remit any additional rental which may be due the Landlord. SECTION 6. Use of Premises. The Demised Premises may be used for operations of the Corpus Christi Police Department. SECTION 7. Compliance with Law: Landlord covenants to Tenant that the Demised Premises, in its existing state, but without regard to the use for which Tenant will use the Demised Premises, does not violate any applicable building code, regulation or ordinance at the time this lease is executed. In the event it is determined that this warranty has been violated, then it shall be the obligation of Landlord, after written notice from Tenant, to rectify promptly, at Landlord's sole cost and expense, such violation(s). Landlord covenants that all improvements constructed to the Demised Premises under this Lease shall be in compliance with all applicable Local, State, and Federal laws and regulations. SECTION 8. Taxes and Utility Expenses: (a) (1) Landlord shall, during the term of this lease pay and discharge punctually, as and when the same shall become due and payable, all taxes, special and general assessments, and other governmental impositions and charges of every kind and nature whatsoever pertaining to the Demised Premises, extraordinary as well as ordinary (hereinafter referred to as "Taxes "). (2) Tenant shall pay the charges which may, during the demised term, be assessed or imposed or payable for the water used or consumed on the Demised Premises, whether determined by meter or otherwise, as soon as and when the charges therefore have been assessed and imposed. All other utility service requirements on the Demised Premises, including sewer, gas, electricity and telephone (hereinafter referred to as "Utility Expenses "), shall be the sole responsibility of Tenant. (b) Landlord covenants and agrees that if there shall be any refunds or rebates on account of the Utility Expenses paid by Tenant under the provisions of this lease, such refund or rebate shall belong to Tenant. Landlord will, upon the request of Tenant, sign any receipts which may be necessary to secure the payment of any such refund or rebate, and will pay over to Tenant such refund or rebate as received by Landlord. (c) Nothing herein or in this lease otherwise contained shall require or be construed to require Tenant to pay any inheritance, estate, succession, transfer, gift, franchise, income or profit taxes, that are or may be imposed upon Landlord, its successors or assigns. SECTION 9. Improvements, Repairs, Additions, Replacements: (a) Landlord, at its expense, shall complete, alter, renovate and /or decorate the Demised Premises to conform to the floor plan attached hereto as Exhibit "A" and any specifications shown thereon. Landlord shall be responsible to complete the renovations by November 30, 2008. Landlord shall comply with all applicable Local, State and Federal building codes and regulations, and obtain all required permits and Certificate of Occupancy. (b) Upon obtaining prior written consent of Landlord which Landlord shall not unreasonably withhold, Tenant shall have the right, at its own cost and expense, to construct on any part or all of the Demised Premises, at any time and from time to time, such buildings, parking areas, driveways, walks, gardens and other similar and dissimilar improvements as Tenant shall from time to time determine, provided that the same shall be in compliance with all then applicable building codes and ordinances (c) Except as hereinafter provided, Tenant shall, at all times during the term of this lease, and at its own cost and expense, keep and maintain or cause to be kept and maintained in repair and good condition (ordinary wear and tear excepted), the interior of all buildings and improvements at any time erected on the Demised Premises including, but not limited to, windows, doors, floors and floor coverings, heating and air conditioning systems, plumbing work and fixtures, and all lighting and all electrical systems within the Demised Premises, and shall use all reasonable precaution to prevent waste, damage or injury. Tenant shall at all times keep the grounds in neat order and condition. Except as provided in this lease, Landlord shall not be required to furnish any services or facilities or to make any improvements, repairs or alterations in or to the Demised Premises during the term of this lease or any renewal thereof. However, Landlord shall, at his own expense, maintain and keep in good repair the exterior walls, roof, and structural components of the Demised Premises and any parking lot appurtenant thereto. 3 —34— (d) Upon obtaining Landlord's prior written consent which Landlord shall not unreasonably withhold, Tenant may, at its option and at its own cost and expense, at any time and from time to time, make such alterations, changes, replacements, improvements and additions in and to the Demised Premises, and the buildings and improvements thereon, as it may deem desirable, including the demolition of any building(s) and improvement(s) and /or structure(s) that now or hereafter may be situate or erected on the Demised Premises. (e) Until the expiration or sooner termination of this lease, title to any building or buildings or improvements situated or erected on the Demised Premises which Tenant shall have caused to be situated or erected pursuant to Section 9(a) above, and the building equipment and other items installed thereon and any alteration, change or addition thereto shall remain solely in Tenant; and Tenant alone shall be entitled to deduct all depreciation on Tenant's income tax returns for any such building or buildings, building equipment and /or other items, improvements, additions, changes or alterations. (f) On the last day or sooner termination of the term of this lease, Tenant shall quit and surrender the Demised Premises, and the buildings and permanent improvements then thereon, broom clean and in good condition, and repair (ordinary wear and tear excepted). SECTION 10. Access to Premises: Landlord or Landlord's agents and designees shall have the right, but not the obligation, to enter upon the Demised Premises at all reasonable times to examine same and /or to exhibit the Demised Premises to prospective purchasers and prospective tenants, but in the latter case only during the last three (3) months of the term of this lease or any renewal thereof. SECTION 11. Assignment and Subletting: Tenant may not assign, sublease (in whole or in part or parts) mortgage or otherwise encumber this lease (in whole or in part or parts), or any sublease of all or any part of the Demised Premises and may not permit its subtenant or subtenants to assign, sublease (in whole or in part or parts), mortgage or otherwise encumber this lease or any sublease of all of any part of the Demised Premises, without obtaining Landlord's prior written consent therefore which Landlord shall not unreasonably withhold. Tenant agrees to furnish to Landlord written notice of the assignment of this lease within thirty (30) days thereafter, together with the name and address of the assignee. Upon any such assignment, Tenant shall be relieved of all further obligations hereunder and shall no longer have any liability under this lease or with respect to the Demised Premises. In the event of a merger of Tenant corporation, or a sale of all or substantially all of the assets of Tenant by Tenant or its stockholder(s), the Tenant shall have the right to assign this lease to such surviving corporation or to such vendee. SECTION 12. Signs: Tenant and Tenant's subtenants shall have the right to install, maintain and replace in, or on over or in front of the Demised Premises or in any part thereof such signs and advertising matter as Tenant may desire, and Tenant shall comply with any applicable requirements of governmental authorities having jurisdiction and shall obtain any necessary permits for such purposes. As used in this Section 12, the word "sign" shall be construed to include any placard, light or other advertising symbol or object, irrespective of whether same be temporary or permanent. —34h- SECTION 13. Indemnity: Except for its affirmative acts or negligence or the affirmative acts or negligence of its officers, agents, servants, employees or contractors, Landlord shall not be responsible or liable for any damage of injury to any property, fixtures, building or other improvements, or to any person or persons, at any time on the Demised Premises, including any damage or injury to Tenant or to any of Tenant's officers, agents, servants, employees, contractors, customers or sublessees. SECTION 14. Insurance: (a) Tenant shall maintain general liability insurance in amounts of not less than $1 ,000,000 /$1,000,000 /$1,000,000. Tenant shall file a certificate of insurance with Landlord, if Landlord so requires, on 30 days written notice. Notwithstanding the foregoing sentence, the Tenant may meet its insurance obligations through self insurance and excess general liability insurance coverage. (b) Landlord shall maintain fire and extended coverage insurance on the Demised Premises and shall file a certificate of insurance with Tenant upon commencement of the term hereof. Tenant shall not be responsible for maintaining any fire and extended coverage insurance on the Demised Premises. Tenant may at its option, provide fire and extended coverage on the personal property which the Tenant moves into the Demised Premises. The premiums paid by Tenant on any insurance obtained by Tenant shall not be considered as additional rent under this lease. SECTION 15. Waiver of Subrogation: All insurance policies carried by the parties on both the Demised Premises and any personal property used or stored in or on the Demised Premises, including but not limited to fire and extended coverage on buildings and contents, shall allow the insured to waive its right of subrogation against the other party prior to a loss. Tenant and Landlord hereby release each other from any and all liability or responsibility to the other or anyone claiming through or under them by way of subrogation or otherwise for any loss or damage to the Demised Premises or property placed therein caused by fire or any other casualties, even if such fire or other casualties shall have been caused by the fault or negligence of the other party or anyone for whom such parties may be responsible. SECTION 16. Destruction: If the Demised Premises should be destroyed by fire, earthquake, act of God, or the elements during the term thereof, or damaged to such an extent that it cannot be repaired within sixty (60) working days, this lease shall terminate and any prepaid, unearned rental, if any, shall be refunded to Tenant, or, at the option of the Landlord to be exercised within fifteen (15) days after such damage or destruction and upon receipt of written consent from Tenant within fifteen (15) days thereafter, this lease shall remain in full force and effect, and Landlord shall, with all reasonable dispatch, proceed to replace the building with a structure similar in character, controlled by the then building laws and ordinances, and the rental shall abate for such length of time during the period of replacement that Tenant is deprived of the occupation and enjoyment of the Demised Premises. If, however the building is only partially destroyed by any of the above causes and the damage thereto can be repaired within the sixty (60) day period, Landlord shall, with all reasonable dispatch, with Tenant's prior written consent, proceed to repair the building and place it substantially in the same condition as it was prior to the damage, and Tenant shall pay rent to Landlord for the damaged premises should they be fit for occupancy during the time of repair. If the Demised 5 —36— Premises are not fit for occupancy during the time of repair, then the rental shall abate during such time. SECTION 17. Eminent Domain; Condemnation: (a) Eminent Domain. Eminent domain is defined herein as the power of government to take, or to authorize the taking of, private property for public use without the owner's consent, conditioned on the payment of just compensation. As used herein, the work "condemnation" and variations thereof shall be synonymous with eminent domain. Under threat of eminent domain, a voluntary transfer by Landlord to the condemning authority before or after any suit has been filed or proceeding begun against Landlord by such authority shall be considered a taking under the power of eminent domain as defined herein. (b) Total Condemnation. As used herein, "total condemnation" and terms of similar import shall refer to the taking of the entire Demised Premises under the power of eminent domain, so that the fee ownership is transferred absolutely from Landlord to the condemning authority. (c) Partial Condemnation: As used herein, "partial condemnation" and terms of similar import shall refer to any condemnation of the Demised Premises other than a total condemnation as defined above. In the event the whole of the Demised Premises are taken for public or quasi - public purposes by any government or power whatsoever, or by any corporation under the right of eminent domain, or should the whole of the Demised Premises be condemned by any court, city, county, state, or governmental authority or office, department or bureau of any city, county, state, or of the United States, then in any such event this lease shall terminate as of the date title to the Demised Premises vests in the condemning authority. For the purposes hereof, such date of vesting in the condemner terminating this lease shall operate as though it were the date originally intended by the parties for expiration of the tenancy created hereunder, and the rent reserved herein shall be adjusted in the light of the condemnation, so that Tenant shall pay rent to Landlord only up to the date of vesting in the condemnor. Any prepaid or advance rental paid by Tenant to Landlord for that part of the term extending beyond the date on which the title vests in the condemnor shall be refunded within thirty (30) days after the date title to the Demised Premises vests in the condemning authority. If a portion of the Demised Premises should become subject to an eminent domain proceeding, Tenant shall have the option, at any time after the filing of the complaint and issuance of summons on the proceedings, to terminate this lease either as to the portion of the Demised Premises subject to condemnation or as to the whole thereof. Such option shall be exercised by giving Landlord written notice of termination or partial termination, specifying the reason for such termination and the part terminated, if termination is partial. If Tenant elects to continue the lease as to the uncondemned portion of the property, future rentals will be adjusted to a pro rata basis as described below. On the date of any order of a court of competent jurisdiction authorizing the condemnor in an eminent domain proceeding to take possession of a portion of the Demised Premises, the obligation of Tenant to pay the rentals herein specified shall cease as to the portion or portions of the Demised Premises subject to the taking. In addition, Tenant shall be entitled to a rebate of rentals paid in advance for any period after the date of such order for the portion or portions of the Demised Premises subject to the taking. Nothing herein shall be construed to limit or —31— affect the right of Tenant to be relieved of rental obligations or the right to a rebate of rental payments in the event of earlier termination of this lease as to all or a portion of the Demised Premises, as the result of condemnation proceeding or otherwise. In the event of the partial or complete taking of the Demised Premises by condemnation as aforesaid, Tenant shall be entitled to participate in any and all awards for such taking to the extent that any such award included (1) the loss, if any, sustained by Tenant as a result of the termination of this lease, and (2) the then value of the fixtures installed by Tenant and contained in the Demised Premises at the time of such taking, but only if such fixtures are taken. SECTION 18. Mortgages: During the term of this lease Landlord shall have the right or power to mortgage or otherwise create a security affecting the fee interest in the Demised Premises, and to renew, modify, replace, extend or refinance such mortgage, subject, however, to the follows: (a) All rights acquired under any such mortgage shall be subject and subordinate to the rights and interest of Tenant under this lease, the covenants, conditions and restrictions set forth herein, and the leasehold estate created hereunder. (b) The holder of such mortgage shall not, in the exercise of any of its rights arising or which may arise out of such mortgage, or any instrument modifying or amending the same of entered into in substitution or replacement thereof, disturb or deprive Tenant in or of its possessions or its right to possession of the Demised Premises, or of any part thereof under this lease, or any right or privilege created for or inuring to the benefit of Tenant under this lease, provided this lease is then in full force and effect. (c) In the event of a default under any such mortgage, and if this lease shall, immediately prior to such default, be in full force and effect, then, and in such event, Tenant shall not be made a party in any action or proceeding to foreclose said mortgage, nor shall Tenant be evicted or removed or its possession or right of possession be disturbed or in any manner interfered with, and this lease shall continue in full force and effect as a direct lease from the holder of the said mortgage to Tenant under the terms and provisions of this lease. (d) Any such mortgage shall provide that the holder of such mortgage, upon serving the Landlord with any notice under such mortgage will simultaneously serve a copy of such notice upon the Tenant. SECTION 19. Sublease: If for any reason this lease and the leasehold estate of Tenant hereunder is terminated by Landlord by summary proceedings or otherwise in accordance with the terms of this lease, Landlord covenants and agrees that such termination of this lease shall not result in a termination of any sublease affecting the Demised Premises and that they shall all continue for the duration of their respective terms and any extensions thereof as a direct lease between Landlord hereunder and the sublessee thereunder, with the same force and effect as if Landlord hereunder had originally entered into such sublease as Landlord thereunder (subject, however, to the prior right of the holder of any leasehold mortgage). Any such sublessee shall not be named or joined in any action or proceeding by Landlord under this lease to recover possession of the Demised Premises or for any other relief. Landlord shall, upon request, execute, acknowledge and deliver such agreements evidencing and agreeing to the foregoing as each sublessee shall require. SECTION 20. Performance by Subtenant: Any act required to be performed by Tenant pursuant to the terms of this lease may be performed by any sublessee of Tenant occupying all 7 —38— or any part of the Demised Premises and the performance of such act shall be deemed to be performance by Tenant and shall be acceptable as Tenant's act by Landlord. SECTION 21. Ouiet Enjoyment: Landlord covenants that Landlord is seized of the Demised Premises in fee simple and has full right to make this lease and that Tenant shall have quiet and peaceful possession of the Demised Premises during the term hereof. SECTION 22. Defaults: In the event any one or more of the following events shall have occurred and shall not have been remedied as hereinafter provided: (a) (1) Tenant's failure to pay any installment of basis rent or additional rent when the same shall be due and payable and the continuance of such failure for a period of ten (10) days after receipt by Tenant of notice in writing from Landlord specifying in detail the nature of such failure or (2) Tenant's failure to perform any of the other covenants, conditions and agreements herein contained on Tenant's part to be kept or performed and the continuance of such failure for a period of thirty (30) days after receipt by Tenant of notice in writing from Landlord specifying in detail the nature of such failure, and provided Tenant shall not cure said failure as provided in paragraph (b) of this Section 22; then, Landlord may, at its option, give to Tenant a notice of election to end the term of this lease upon a date specified in such notice, which date shall not be less than three (3) business days (Saturdays, Sundays and legal holidays excluded) after the date of receipt by Tenant of such notice from Landlord, and upon the date specified in said notice, the term and estate hereby vested in Tenant shall cease and any and all other right, title and interest of Tenant hereunder shall likewise cease without further notice or lapse of time, as fully and with like effect as if the entire term of this lease had elapsed, but Tenant shall continue to be liable to Landlord as hereinafter provided. Simultaneously, with the sending of the notice to Tenant, hereinabove provided for, Landlord shall send a copy of such notice to any sublessee(s) of the Demised Premises or portions thereof that Tenant may select, in writing, from time to time and any additional persons or parties having an interest in the Demised Premises. The curing of any default(s) within the above time limits by any of the aforesaid parties or combination thereof, shall constitute a curing of any default(s) hereunder with like effect as if Tenant had cured some hereunder. (b) In the event that Landlord gives notice of a default of such a nature that it cannot be cured within such thirty (30) day period then such default shall not be deemed to continue so long as Tenant, after receiving such notice, proceeds to cure the default as soon as reasonably possible and continues to take all steps necessary to complete the same within a period of time which, under all prevailing circumstances, shall be reasonable. No default shall be deemed to continue if and so long as Tenant shall be so proceeding to cure the same in good faith or be delayed in or prevented from curing the same by any cause specified in Section 22 hereof. (c) Notwithstanding anything to the contrary contained in this Section 22, in the event that any default(s) of Tenant shall be cured in any manner hereinabove provided, such default(s) shall be deemed never to have occurred and Tenant's rights hereunder shall continue unaffected by such default(s). (d) Upon any termination of the term of this lease pursuant to paragraph (a) of this Section 22, or at any time thereafter, Landlord may, in addition to and without prejudice to any other rights and remedies Landlord shall have at law or in equity, reenter the Demised Premises, and recover possession thereof and dispossess any or all occupants of the Demised Premises (except as provided in Section 19 hereof) in the manner prescribed by the statute 8 —39— relating to summary proceedings, or similar statutes; but Tenant in such case shall remain liable to Landlord as hereinafter provided. (e) In case of any such default, re -entry, expiration and /or dispossess by summary proceedings: (1) the rent shall become due thereupon and be paid up to the time of such re -entry, expiration and /or dispossess; (2) Landlord may relet the Demised Premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms which may, at Landlord's option, be less than or exceed the period which would otherwise have constituted the balance of the term of this lease and may grant concessions of free rent; and (3) Tenant or the legal representatives of Tenant shall also pay Landlord as liquidated damages for the failure of Tenant to observe and perform Tenant's covenants herein contained by deficiency between the rent hereby reserved and /or covenanted to be paid and the net amount, if any, of the rents collected on account of the lease or leases of the Demised Premises for each month of the period which would otherwise have constituted the balance of the term of this lease. In computing such liquidated damages, there shall be added to the said deficiency such reasonable expenses as Landlord may incur in connection with reletting, such as brokerage and preparation for reletting. Any such liquidated damages shall be paid in monthly installments by Tenant on the rent day specified in this lease and any suit brought to collect the amount of deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord, at Landlord's option, may make such alterations, repairs, replacements, and /or decorations in the Demised Premises as Landlord, in Landlord's sole judgment, considers advisable and necessary for the purpose of reletting the premises; and the making of such alterations, repairs, replacements, and /or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord agrees to use its best efforts to mitigate all damages and to relet the Demised Premises in the event of any default specified herein. (f) It shall not constitute a default if Tenant cancels this lease for nonappropriation of funds. SECTION 23. Waivers: Failure of Landlord or Tenant to complain of any act or omission on the part of the other party no matter how long the same may continue, shall not be deemed to be a waiver by said party of any of its right hereunder. SECTION 24. Force Majeure: In the event the Landlord or Tenant shall be delayed, hindered in or prevented from the performance of any act required hereunder by reason of strikes, lock -outs, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots insurrection, the act, failure to act or default of the other party, war or other reason beyond their control, then performance of such act shall be excused for the period of the delay and the period for the performance of such act shall be extended for a period equivalent to the period of such delay. SECTION 25. Notices: Every notice, approval, consent or other communication authorized or required by this lease shall not be effective unless same shall be in writing and sent postage prepaid by the United States registered or certified mail, return receipt requested, directed to the other party at its address hereinabove first mentioned, or such other address as either party may designate by notice given from time to time in accordance with this Section 25. 9 —40— SECTION 26. Governing Laws: This lease and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the State of Texas. SECTION 27. Partial Invalidity: if any term, covenant, condition or provision of this lease or the application thereof the any person or circumstance shall, at any time or to any extent, be invalid or unenforceable, the remainder of this lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term, covenant, condition and provision of this lease shall be valid and be enforced to the fullest extent permitted by law. SECTION 28. Entire Agreements: No oral statement or prior written matter shall have any force or effect. Tenant agrees that it is not relying on any representation or agreements other than those contained in this lease. This agreement shall not be modified or cancelled except by writing subscribed by all parties. SECTION 29. Parties: Except as herein otherwise expressly provided, the covenants, conditions and agreements contained in this lease shall bind and inure to the benefit of the Landlord and Tenant and their respective heirs, successors, administrators and assigns. The City Manager is authorized to act for Tenant in all matters regarding this Lease. SECTION 30. Holding Over: If Tenant remains in possession of the Demised Premises or any part thereof after the expiration of the term hereof without the express written consent of Landlord, such occupancy shall be tenancy from month -to -month at a rental in the amount of 120% the last monthly rental plus any other charges payable by Tenant hereunder, and upon all terms and conditions hereof applicable to a month -to -month tenancy. SECTION 31. Environmental Compliance: Tenant shall comply with all federal, state and local environmental laws and requirements. If any cleanup, containment, restoration, removal of other remedial work (collectively the "Remedial Work") is required under any applicable federal, state or local law or regulation, or by any governmental entity, agency or authority due to a violation of applicable law or a contamination, caused or materially contributed to by Tenant, Tenant shall pay any and all costs associated therewith. SECTION 32. Termination Option: Tenant may terminate Lease at any time after March I, 2012 by giving Landlord no less than 180 days prior written notice. In the event of termination, Tenant's obligation for any monthly rental payments under this Lease ends upon the date of termination, however, Tenant agrees to reimburse Landlord's unamortized Lease costs equal to $1,519.70 for each month remaining on Lease at the time of termination. Additionally, the Tenant may terminate the Lease for Landlord's noncompletion of construction improvements as follows: If the Landlord' s improvements to the Demised Premises as described in Exhibit A are not completed by December 1, 2008, then Tenant's rent for month 4 of this lease shall be reduced to $0, and Tenant shall give Landlord 30 days notice to cure. If at the end of the cure period the improvements are not completed, then Tenant may terminate this lease immediately for cause, and Tenant shall have no obligation for any payments to Landlord. Delays caused by acts of Force Majeure as defined in Section 24 or caused by Tenant shall not be grounds for Tenant's termination of this lease. —4110 09/19/2008 10:28 519 - 742 -7783 WK1CiH I vit l KiL:H rMbt 64/ Me SECTION 33. Termination for Non - appropriation of Funds: Additionally, the continuation of this lease beyond the current fiscal year of Tenant, which current fiscal year ends July 31, 2009, is subject to annual appropriation of funding during each budget year for the City of Corpus Christi. If sufficient funds are not appropriated to continue this lease during any subsequent City fiscal year, then this lease terminates automatically at the end of the then- current City fiscal year. City's obligation for any monthly rental payments under this Lease ends upon the end of the then-current fiscal year, if sufficient funds are not appropriated for the next fiscal year. In the event of termination for nonappropriation of funds, Tenant agrees to reimburse Landlord's unamortized Lease costs equal to $1,519.70 for each month remaining on Lease at the time of termination. SECTION 34, Renewal Opr : Tenant shall have the option to extend the term of Lease for one (1) additional period of five (5) years. Tenant must provide Landlord with no Tess than 180 days written notice, prior to the expiration of Lease, of Its intent to exercise option. The monthly rental rate shall be the current market rate for similar buildings, in the Southside office market of Corpus Christi, Texas. SECTION 35. Purchase Option: Tenant shall have a first right of refusal to purchase property should Landlord elect to sell during the primary Lease term or any extension thereof. In the event, Landlord accepts a bona -fide purchase offer from a qualified Buyer, Landlord will notify Tenant in writing. Tenant will have ten (10) business days from receipt of written notice to either (1) agree to purchase property under the same terms and conditions accepted from prospective Buyer or (ii) allow Landlord to proceed with sale of property. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. Witness: (Attest:) Witness: (Attest:) Landlord: Greg Voisi Investment Cor. ion h :C By: Tenant: The City of Corpus Christi By 1 Room "A" exit), + A 2230 SARATOGA 1. Replace existing exterior front door with new metal door including door, frame, door closer, lever entry lock and dead bolt, (paint inside and out of new door). 2. Demo 2 old key pads by front door and patch holes. 3. Build new insulated wall as shown on plan between rooms "A" & "Al" with new solid core door, frame and entry lock, (paint door and frame). 4. Install new solid core door, frame and lever passage hardware between rooms "A" & `B ", (paint door and frame). 5. Install new light fixture and wire to existing switch. 6. Install one new electrical outlet. 7. Replace existing light fixture on wall in stairwell with new 4' fluorescent fixture. 8. Secure wood banister and paint. 9. Replace stained and broken ceiling tile. 10. Tape, float, texture and paint all walls, doors, frames, window and window stools, (including closet under stairwell). Room "Al" 1. Build new insulated wall as shown on plan between rooms "Al" & "A" with new solid core door, frame and entry lock, (paint door and frame). 2. Build short wall to seal off rear passage to room `B ". 3. Install new light switch and rewire two existing light fixtures to new switch, (relocate fixture as necessary). 4. Install new A/C supply grill. 5. Install three new electrical outlets. 6. Install sound board and sheetrock on all walls, (including new walls). 7. Replace door to closet with new solid core door, frame and lever entry hardware. 8. Demo old work station. 9. Provide and install new heavy duty 4' stainless ADA handrail on wall, (exact location to be determined). 10 Remove cabinet from closet under stairs. 11. Replace stained and broken ceiling tile. 12. Tape, float, texture and paint all walls, doors, frames, window and window stools, (including closet under stairwell). —43— 2 Room `B" 1. Install new solid core door, frame and lever passage hardware between rooms `B" & "A ", (paint door and frame). 2. Install new light switch and rewire all lights in room `B" 3. Build short wall to seal off rear passage to room "Al ". 4. Replace wood on 3 window stools and paint. 5. Repair damaged sheetrock around windows. 6. Replace door between rooms `B" & "C" with new door and lever passage hardware. 7. Replace door between rooms `B" & "G" with new door and lever passage hardware. 8. Replace stained and broken ceiling tile. 9. Tape, float, texture and paint all walls, paint all doors, frames, windows and window stools. Room "C" 1. Replace door between rooms "C" & `B" with new door and lever passage hardware. 2. Install new lever passage hardware on door between rooms "C" & "G ". 3. Install blind on existing window between rooms "C" & "G ". 4. Replace stained and broken ceiling tile. 5. Tape, float, texture and paint all walls, doors, frames and windows. Room "D" 1. Replace door and frame with new door, frame and lever passage hardware. 2. Replace stained and broken ceiling tile. 3. Tape, float, texture and paint all walls, door and frame. Room "E" 1. Demo wood threshold at case opening. 2. Replace stained and broken ceiling tile. 3. Tape, float, texture and paint all walls, doors and frames. —44— 3 Room "F" 1. Replace door with new door and lever passage hardware. 2. Replace stained or damaged ceiling tile. 3. Tape, float, texture and paint all walls, phone board, door and frame. Room "G" 1. Replace exterior metal entry door with new door, frame, door closer, lever entry lock and dead bolt, weather stripping and threshold, (paint inside and out of new door). 2. Repair sheetrock around exterior door and all windows. 3. Demo all counter tops and support legs, (patch holes). 4. Cut -out damaged sheetrock between exterior door and first window. 5. Replace wood on 4 window stools and paint. 6. Replace stained or damaged ceiling tile. 7. Tape, float, texture and paint all walls, door, frames, windows and window stools. Hallway "H" 1. Repair sheetrock around exterior door. 2. Replace exterior door with new metal door, (including door, frame, weather stripping, ADA threshold, lever entry lock and deadbolt lock). 3. Install new filter return air grill. 4. Replace exit light over exterior door with new exit/emergency combo fixture. 5. Install new lever passage hardware on door to a/c closet. 6. Replace stained or damaged ceiling tile. 7. Tape, float, texture and paint all walls, doors (inside and out of exterior door) and frames. Men Restroom "I" 1. Install new exhaust fan/light combo in ceiling over urinal. 2. Replace exhaust fan/light combo over toilet with new combo fixture. 3. Replace electrical outlets over counter top with gfci outlets. 4. Install new lever passage hardware on door. 5. Replace door to toilet stall with new door and lever privacy hardware. 6. Replace stained or damaged ceiling tile. 7. Replace 2 faucets with ADA lever faucets. —45— 4 8. Tape, float, texture and paint all walls, doors and frames, (cabinet base to remain "as is" no painting). Women Restroom "J" 1. Install new exhaust fan/light combo in ceiling above toilet. 2. Demo toilet paper holder and patch holes. 3. Replace faucet with new ADA lever faucet. 4. Replace missing glass lenses on wall light fixture. 5. Replace door with new door and lever privacy hardware. 6. Replace electrical outlet with gfci. 7. Replace stained or damaged ceiling tiles. 8. Tape, float, texture and paint all walls, door and frames, (cabinet base to remain "as is" no painting). Room "K" 1. Replace door between room "K" and stairwell with new solid core door, frame and lever passage hardware. 2. Replace exit light with new exit/emergency combo fixture. 3. Demo old alarm keypad and speaker control, (patch holes). 4. Repair sheetrock around windows and replace wood on 1 window stool. 5. Replace stained or damaged ceiling tile. 6. Tape, float, texture and paint all walls, doors, frames and window stool. Room "L" 1. Demo counter top and supports, (patch holes). 2. Repair sheetrock around windows and replace wood on 2 window stools. 3. Install new lever passage hardware on door. 4. Replace stained or damaged ceiling tile. 5. Tape, float, texture and paint all walls, doors, frames, windows and window stools. Room "M" 1. Replace door with new door and lever passage hardware. 2. Repair sheetrock around windows and replace wood on 2 window stools. 3. Replace stained or damaged ceiling tile. —46— 5 4. Tape, float, texture and paint all walls, doors, frames and window stools. Room "N" 1. Replace door with new door and lever passage hardware. 2. Repair sheetrock around windows and replace wood on 2 window stools. 3. Cabinets to remain "as is" no painting. 4. Replace stained or damaged ceiling tile. 5. Tape, float, texture and paint all walls, door, frame and window stools, (no painting on cabinets). Room "0" 1. Replace door with new door and lever passage hardware. 2. Repair small return air grill and paint grill. 3. Replace stained or damaged ceiling tile. 4. Tape, float, texture and paint all walls, door and frame. Hallway "P" 1. Replace exterior metal exit door with new door, frame, door closer, lever entry lock and dead bolt, weather stripping and threshold, (paint inside and out of new door). 2. Replace 2 exit lights with new exit/emergency combo fixtures. 3. Install 1 new 2' x 4' lay -in light fixture, (wire to existing switch). 4. Demo T -stat lock box and patch holes. 5. Replace stained or damaged ceiling tile. 6. Tape, float, texture and paint all walls, doors (inside and out of exterior door) and frames. Room "Q" 1. Replace door and frame with new door, frame and lever passage hardware. 2. Repair sheetrock around windows and replace wood on 3 window stools. 3. Cabinet to remain "as is" (no painting). 4. Replace stained or damaged ceiling tile. 5. Tape, float, texture and paint all walls, door, frame, windows and window stool. —47— 6 Room "R" 1. Build new insulated wall between room "R" & "Rl ", (install sound board on both sides of new wall). 2 Install one new electrical outlet on new wall. 3. Repair sheetrock around windows and replace wood on 2 window stools. 4. Replace door with new door and lever passage hardware. 4. Remove wood from floor. 5. Demo all counter tops and support legs, (patch holes). 6. Replace stained or damaged ceiling tile. 7. Tape, float, texture and paint all walls, doors, frames, windows and window stools. Room "RI" 1. Build new insulated wall between room "Ri" & "R ", (install sound board on both sides of new wall). 2 Install one new electrical outlet on new wall. 3. Repair sheetrock around windows and replace wood on 2 window stools. 4. Replace door and frame with new door, frame and lever passage hardware. 5. Demo all counter tops and support legs, (patch holes). 6. Replace stained or damaged ceiling tile. 7. Tape, float, texture and paint all walls, doors, frames, windows and window stools. Room "S" 1. Demo all cabinets and shelving, (relocate to first floor, exact location to be determined). 2. Repair sheetrock around window and replace wood on I window stool. 3. Install lever entry hardware on door. 4. Install one new electrical outlet on back wall. 5. Replace stained or damaged ceiling tile. 6. Tape, float, texture and paint all walls, door, frame, window and window stool. Room "T" 1. Demo old dishwasher, provide and install new dishwasher, (connect to plumbing and electrical), ($400.00 allowance for new dishwasher). 2. Cook -top to remain. 3. Replace sink with new stainless sink and new lever faucet, (connect to plumbing). 4. Install new door, frame and passage hardware at case opening. —48— 7 5. Repair sheetrock around windows and replace wood on 1 window stool. 6. Replace electrical outlets with gfci above counter top. 7. Replace stained or damaged ceiling tile. 8. Tape, float, texture and paint all walls, frames, window, window stool and inside and outside of all cabinets. Men Restroom "U" 1. Replace sink with new sink and lever faucet, (connect to plumbing). 2. Replace electrical outlet with gfci. 3. Install new exhaust fan/light combo in ceiling above urinal. 4. Replace fan with new exhaust fan/light combo in ceiling above shower. 5. Replace fan with new exhaust fan/light combo in ceiling above toilet. 6. Install lever privacy hardware on door to toilet. 7. Install lever passage hardware on main door to restroom. 8. Install lever passage hardware on door to water heater closet. 9. Replace stained or damaged ceiling tile. 10. Demo towel bars, patch holes, tape, float, texture and paint all walls, doors, frames and inside and outside of cabinets. Women Restroom "V" 1. Replace sink with new sink and lever faucet, (connect to plumbing). 2. Replace missing wall mount light fixture lenses. 3. Replace existing fan with new exhaust fan. 4. Install lever privacy hardware on door. 5. Replace stained or damaged ceiling tile. 6. Tape, float, texture and paint all walls, doors, frames and inside and outside of cabinets. Exterior of building 1. Install ADA approved ramp at side door to room "H ". 2. Demo existing sidewalk and install new 5' side sidewalk from parking area to new ramp on side door to room "H ". 3. Remove 2 speakers and security box from ceiling on front porch, (outside of room "A "), replace broken porch light, (patch holes and paint ceiling) 4. Install weather stripping and thresholds on all exterior doors. 5. Paint all exterior doors. 6. Sand, prime and paint rear exterior stairwell. 7. Repair existing eye wash station as necessary. —49— 8 General Notes: 1. Patch all holes, tape, float, texture and paint all walls, doors, frames, windows and window stools, (color selection by tenant). 2. Install wall mounted door stops on all doors. 3. Replace all hardware with ADA lever style hardware, (see room details for type of hardware to install). 4. Demo all old fire extinguisher and brackets, (patch holes and paint). 5. Demo all old smoke detectors. 6. Demo all wood base. 7. Demo all motion sensors, keypads, window contacts, security strip on windows and exposed wire from old alarm system. 8. Remove any surface mounted phone /data and cable lines, (leave above ceiling). 9. Remove all ceiling mounted speakers. 10. Replace all stained or damaged ceiling tile. 11. Replace any missing insulation in ceiling. 12. Repair sheetrock damage around all windows and replace wood on all damaged window stools, (paint wood on all stools). 13. Replace missing or damaged electrical plates. 14. Clean all A/C supply grills, (paint any that will not clean). 15. Install 2 new 7 '/2 ton condensers and replace 4 furnaces, install 2 new T- stats. 16. Install new stainless steel toilet paper holder at each toilet location. 17. Install blinds on all windows. 18. Tenant responsible for any fire alarm, fire suppression (extinguishers), security system, card key entry system, phone /data equipment wiring and antennas. 19. Tenant responsible for all floor covering, (to include: provide and install all vinyl flooring, carpet, base and floor preparation per specifications listed below or equivalent). 20. Flooring Specifications: Vinyl Composition Tile (VCT) "Tarkett Expressions" standard VCT 12" x 12" tiles. 1/8" thick. Carpet "Shaw Contract Group" direct glue down 26oz nylon with unitary back. Wall Base carpeted areas to have 4" carpet base per specifications above, VCT area to have "Roppe" vinyl 4" base, 1/8" thick. —50— 9 2 2 3 0 a R ✓ ▪ r t s o t a s o o o u r e v a r d —51— 10 2 2 3 0 a $ a e. t O o O d a F ▪ 1 O O Y O � r a a r d 1' -52- U.S. Department of Justice Federal Bureau of Investigation In Reply, Please Refer to File No. 281D-H0-45850 Deputy Chief Mike Walsh Corpus Christi Police Department 321 John Sartain Corpus Christi, Texas 78401 2500 East T. C. Jester Blvd. Houston, Texas 77008 September 15, 2008 Dear Deputy Chief Walsh: Please be advised that the FBI Headquarters has approved the 2009 Budget for the Corpus Christi Safe Streets Task Force which is comprised of FBI agents and officers from your Department. A total of $3,000.00 per month has been approved as the FBI's contribution toward the leasing of office space for the Task Force. As always, we appreciate the commitment of your Department and the City of Corpus Christi to the mission of the Safe Streets Task Force, and we look forward to continued success in our effort to combat violent gangs in this city. Sincerely, Andrew R. Bland III Special Agent In Charge By: h' , Albert Joseph Holl Supervisory Senior Resident Agent -53- 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 09- 30-2008 AGENDA ITEM: Resolution authorizing the City manager or his designee to execute a one year interlocal agreement with Tuloso Midway Independent School District to install and share fiber optic cable from Tuloso Road and Leopard Street to 7601 Leopard ISSUE: The City of Corpus Christi and the Tuloso — Midway Independent School District have agreed to share costs for the installation of approximately 4,100 feet of underground fiber optic cable from the intersection of Tuloso Road and Leopard Street to 7601 Leopard Street. Project costs are estimated to be $51,661.30. Tuloso- Midway I.S.D. will provide $18,000 for the project and the City will provide the remainder from budgeted Water and CCDCDC funds. This project will allow the City to extend its existing fiber optic network as part of a long term project to extend fiber optic cable from City Hall to the O.N. Stevens Water Plant. The project will assist in providing fiber cabling to the Tuloso - Midway I.S.D administration offices. REQUIRED COUNCIL ACTION: City Council must approve all inter -local agreements PREVIOUS COUNCIL ACTION: Inter -local agreement with Calallen I.S.D. June 21, 2001 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution to sign the inter-local agreement with Tuloso Midway Independent School District. Michael Armstro g Director of MIS Attachments Intergovernmental Agreement City of Corpus Christi and Tuloso-Midway Independent School District Fiber Optic Plan —57— INTERGOVERNMENTAL AGREEMENT City of Corpus Christi and Tuloso- Midway Independent School District Fiber Optic Plan This agreement is entered into between the Tuloso- Midway Independent School District, a Texas governmental entity (District) and the City of Corpus Christi, a Texas home -rule municipal corporation (City) for the purposes of the Texas Intergovernmental Cooperation Act, Government Code, Chapter 791, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, District desires to improve its data communications between campuses utilizing fiber optic connections; and WHEREAS, the City desires to utilize the fiber to improve City communications; NOW, THEREFORE, in consideration of the mutual promises herein, City and District agree as follows: 1. Term. This Agreement is for one year beginning the Effective Date. The effective date is defined as the latest date of signature on this agreement by the authorized representative of the City or District. The Agreement automatically renews for four succeeding one -year terms under the same conditions unless terminated or modified as set out herein, and shall continue thereafter year to year unless terminated as provided herein. This Agreement amends previous Agreements and/or arrangements between the City and District; but does not cancel, reverse, change, or nullify such Agreements. This Agreement serves to extend previous Agreements and/or arrangements as it applies to additional fiber optic utilization. 2. Responsibility of District. District will: (a) purchase all required materials as shown on the attached estimate and incorporated herein as Exhibit A. Any changes to this list will be paid by the District up to the maximum ten - percent fluctuation from the estimated quantities; (b) pay any initial pole line attachment fees outside the scope of this agreement unless designated by mutual affirmation from the City and the District; (c) pay for any pole line "make- ready" work required by the pole owners which result from use of poles outside the scope of this agreement unless designated by mutual affirmation from the City and the District; (d) be responsible for payment of the TMISD portion as shown on Exhibit A within thirty (30) days of receipt of invoice; and (e) submit in writing an affirmation of funds, shown on Exhibit B, from the District for the agreed amount of $18,000 toward the support of the fiber project on Leopard from Tuloso Road and Leopard to the Tuloso- Midway Independent School District Academic Career Center located at 7601 Leopard, a District building as shown on the attached and incorporated Exhibit C. 3. Responsibility of City. City will: (a) assist in the development of purchase specifications of 72 fiber -optic OFN /general purpose cable with 60 single mode fibers and 12 multi-mode fibers; (b) assist in the development of purchase specifications of hardware to hang the Fiber; (c) obtain pole attachments as required; (d) install fiber from Tuloso and Leopard to 7601 Leopard along the route identified in the attached —58— Exhibit C, said installed fiber to be referred herein as the "Cable Plant"; (e) pay recurring annual pole attachment fees, as required and/or designated, subsequent to the initial installation for poles used by the Cable Plant; and (f) pay maintenance costs for the Cable Plant. 4. Maintenance of Fiber. (a) Any maintenance performed by the City on the Cable Plant shall be provided during the following times: Monday through Friday, 7:00a.m. to 4:OOp.m. All City holidays are excluded from this schedule. (b) The City will use its best effort to respond to a request for maintenance to the Cable Plant within two city business days. (c) The City will maintain and repair the Cable Plant, up to a 300 - foot failure as part of normal maintenance. If there is a failure in the Cable Plant that involves more than 300 -feet of cable, then one of the following conditions shall govern: a. If the failure is due to the actions of a third party, or if a third party is involved, the City of Corpus Christi shall seek to recover the cost of repairs from the third party. b. If no third party is involved, or if the City is unable to recover the cost of repairs from a third party, then the repair shall be the joint responsibility of the City and the District. c. The City shall perform or oversee all repairs preformed under any of these conditions. (d) The City may apply for federal grant money to replace any portion of the Cable Plant, where applicable, with buried fiber should a natural disaster occur. If federal grant money is unavailable, the Cable Plant may be rebuilt under the same requirements as the original Cable Plant under this agreement. 5. Ownership of Fiber. The City shall own all the fiber in the Cable Plant. 6. City's use of Fiber. In consideration for the City's performing the responsibilities set forth herein, the City shall have full use of 48 single -mode strands and 6 multi -mode strands of the 72 fiber -optic OFN /general purpose cable for such City uses including but not limited to interconnection of City of Corpus Christi facilities, traffic signals, and other sites for improved data communications. 7. District's use of Fiber. District shall have full use of 12 single -mode strands and 6 multi -mode strands of the 72 fiber -optic OFN /general purpose cable. 8. Access. The City and District agree that the City will control access to the Cable Plant Extension. 9. Currently available funds. The City and District agree that the performance of each is subject to the ability of the parties to provide or pay for the services required under this Agreement. The City and District acknowledge that this agreement between them is entered into in accordance with the Interlocal Cooperation Act, Chapter 791, Texas Government Code. In accordance with Chapter 791 of the Texas Government Code, the City and District acknowledge that any payments made in accordance with the terms of this agreement shall be made from current revenues available to the paying party, and any future payments are subject to appropriations. 10. Termination. a. Default by City. If the City fails to perform or comply with any terms or conditions of the Agreement, District may terminate the Agreement after giving —59— the City Manager 30 days written notice of failure to comply with the Agreement. The City has 30 days to cure any default. b. Default by District. If the District fails to perform or comply with any terms or conditions of the Agreement, the City may terminate the Agreement after giving the Superintendent 30 days written notice of failure to comply with the Agreement. District has 30 days to cure any default. c. Without Cause. Either party may terminate the Agreement at any time without cause upon 90 days written notice of termination. 11. Duties upon Termination. If the Agreement is terminated pursuant to 10.a or 10.b above, then all rights to the fiber are transferred to the non - defaulting party. If the Agreement is terminated pursuant to 10.c above, then all rights to the fiber are transferred to the non - terminating party. 12. Governmental Service. This Agreement is between City and District for the purpose pf providing governmental services and not for the benefit of any third party or individual. 13. Force Majeure. The parties will exercise every reasonable effort to meet their responsive obligations but shall not be liable for delays resulting from force majeure or other causes beyond reasonable control, including, but not limited to, compliance with any Government law or regulation, acts of God, acts of omission, fire, strikes, lockouts, national disasters, wars, riots, transportation problems, shortages of materials, and/or any other cause whatsoever beyond the reasonable control of the parties. 14. Notice. Notice may be given by hand or certified mail, postage prepaid, and is deemed received on the day hand delivered or on the third day after deposit if sent certified mail. Notice will he sent as follows: IF TO CITY: IF TO DISTRICT: City of Corpus Christi Tuloso- Midway Independent School District Attn: Jesse Cantu, Network Admin. Attn: Trish Panknin, Director of I.S. P.O. Box 9277 PO BOX 10900 — 9760 La Branch Corpus Christi, Texas 78469 -9277 Corpus Christi, Texas 78460 -0900 15. Entirety Clause. This Agreement expresses the entire agreement between the parties. Any modification or amendment to this Agreement is not binding upon the parties unless reduced to writing and signed by persons authorized to make such Agreements on behalf of the respective party. Any modification or amendment which does not change the essential scope and purpose of this Agreement may be approved by the City Manager or designee on behalf of the City and the Superintendent or designee on behalf of District. -60- EXECUTED in duplicate originals by the City of Corpus Christi on this day of , 2008. ATTEST: CITY OF CORPUS CHRISTI By: By: Armando Chapa, City Secretary George K. Noe, City Manager Legal form approved on , 2008 By: Assistant City Attorney EXECUTED in duplicate originals by the Tuloso- Midway Independent School District on this /6 lay of tda , 2008. Tuloso-Midway Independent School District Superintendent 03 -61- EXHIBIT A Bids were placed in accordance to City Policy and procedures. After evaluation, CS &M Construction Inc. was awarded the work. Quotes are available for viewing through the office City of Corpus Christi & TMISD Phase II Underground Installation Scope: Install fiber optic cab e and required appurtenances to extend existing Leopard Fiber Trunk from Tuloso Road to 7601 Leopard, TMISD's Academic Career Center. Requirements: Amount Unit Cost/Unit Total TMISD Portion 72F Cable 4,100 Ft. $1.37 $5,617.00 $1,957.09 24F Cable 0 Ft. $0.80 $0.00 $0.00 Trenching (2" conduit) 3,180 Ft. $0.00 $0.00 $0.00 Boring 1,001 Ft. $0.00 $0.00 $0.00 Pullbox 17 X 30 1 Ea. $185.00 $185.00 $64.46 Pole Attachment 0 Ea. $50.00 $0.00 $0.00 Pole Installation (3P2A) 0 $2,480.00 $0.00 $0.00 Enclosures w/T & AB 1 Ea. $400.00 $400.00 $139.37 Splice Trays 0 Ea. $0.00 Vaults 3 Ea. $345.00 $1,035.00 $360.62 Dielectric Supports 0 Ea. $35.00 $0.00 $0.00 Dead -ends 0 Ea. $65.00 $0.00 $0.00 Core 0 $0.00 $0.00 Innerduct 0 Ft. $0.00 $0.00 1 1/2" PVC 0 1 Jts. $0.00 $0.00 1 1/2" Ell 0 Ea. $0.00 $0.00 1 1/2" Coupling 0 Ea. $0.00 , $0.00 Fiber panel w /Adapter 0 Ea. $0.00 $0.00 DA bolts 0 Ea. $3.82 $0.00 $0.00 Machine bolts 0 Ea. $1.75 $0.00 $0.00 Square Washers 0 Ea. $0.38 $0.00 $0.00 Span Wire per /1000 (900) 0 Ft. $0.29 $0.00 $0.00 Unicam connectors 0 Ea. $0.00 $0.00 RM Wire Manager 0 Ea. $0.00 $0.00 Labor 60 Hrs. $40.00 $2,400.00 $836.22 Boring/Trenching Quote 1 Lot $42,024.30 $42,024.30 $14,642.24 TOTAL: $51,661.30 $18,000.00 *The TMISD Portion is calculated at 0.3484232879 percent which equates to approximately 35% of the total cost, not to exceed $18,000.00. -62- EXHIBIT B May 27, 2008 Mr. David Trevino MIS Department City of Corpus Christi RE: Fiber Project on Leopard Street Tuloso- Midway Independent School District is willing to contribute $18,000 toward support of the fiber project on Leopard Street from Tuloso Road to our TMISD Academic Career Center at 7601 Leopard with a possible future UG fiber Zink between McKenzie and Rand Morgan. This UG link is dependent on TMISD placing UG laterals to access the Aerial Fiber. We understand that installation, equipment, supplies, and maintenance of the fiber are all covered in this amount and that Tuloso- Midway LSD will incur no additional charges. We are in agreement that Morris Construction Inc. has the lowest bid and will complete the boring for this project. Trish Panknin Director of Information Services Tuloso- Midway ISD —63— EXHIBIT C 0 7601 Leopard St B Corpus Christi, TX 78409-2017 Exhibit CI (Above and Exhibit C2 (Below). e, t to Mr& br(e lr. ooHrtl 4! obi O 0 9 F1vrDt .5k 0.5m N Ab Existing Amid Fiber B'us rus Burial Fiber r Oregon _c ee I Agreement concerns New Fiber as shown on Exhibit C1. Future connections may include fiber as shown on Exhibit CI and C2 (existing fiber). —64— Page 1 of 1 RESOLUTION AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH TULOSO- MIDWAY INDEPENDENT SCHOOL DISTRICT TO INSTALL AND SHARE FIBER OPTIC CABLE FROM TULOSO ROAD AND LEOPARD STREET TO 7601 LEOPARD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager or designee is authorized to execute an Interlocal Cooperation Agreement with Tuloso- Midway Independent School District to install and share fiber optic cable on Leopard Street from Tuloso Road to 7601 Leopard Street. The agreement has a one year term and renews for four successive one year terms. A copy of the agreement is on file with the office of the City Secretary. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED September 22, 2008 Lisa Aguilar Assistant City Attorney For City Attorney Henry Garrett Mayor —65— 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 -66- 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 30, 2008 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a five year lease agreement with Southside Youth Sports, a non - profit organization, for the use of Price Park for its youth baseball program in consideration of Southside Youth Sports maintaining the premises and improvements; providing for severance; and providing for publication. ISSUE: Southside Youth Sports has requested a five year lease agreement for youth baseball fields. REQUIRED COUNCIL ACTION: The City Council must approve all leases. PREVIOUS COUNCIL ACTION: The City Council previously approved a ten -year lease with Southside Youth Sports Complex, Inc. in April 1998. FUNDING: No funding involved. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve the five year lease with Southside Youth Sports for the use of Price Park. Sally Gav Parks and Attachments: Background Information —69— Director ecreation Department BACKGROUND INFORMATION Southside Youth Sports organization has been using the fields at Price Park for youth baseball programs since February 1975. Southside Youth Sports organization has been n good standing and have maintained the field in accordance with the City's contract. Their most recent lease was a 10 year lease expired in April 2008. The property includes two parcels of park land in Price Park, one parcel being three acres and the other being four acres. —70— LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND SOUTHSIDE YOUTH SPORTS COMPLEX. This lease agreement ( "Lease ") is entered into by and between the City of Corpus Christi, a Texas home rule municipal corporation ( "City "), acting through its duly authorized City Manager or designee (City Manager"), and Southside Youth Sports Complex ( "Lessee "), a Texas non - profit association, acting through President of Lessee. WHEREAS, the portion of which will be WHEREAS, the program; and WHEREAS, the baseball program. City owns Price Park, Corpus Christi, Nueces County, Texas, a known as the "Premises"; Lessee desires to use the Premises for its youth baseball City desires to allow Lessee to use the Premises for its youth NOW, THEREFORE, the City and Lessee, in consideration of the mutual prom- ises and covenants herein, agree as follows: Section 1. Term. Subject to the remaining terms and conditions hereof, the original term of this Lease is five (5) years, beginning on day of City Council approval, which is , 2008, unless sooner terminated as set out herein. Section 2. Contact Person /Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director of Park and Recreation or his designee ( "Director"). Section 3. Premises and Improvements. City leases to Lessee the Premises, as described and delineated as Tracts 2 and 4 in Exhibit A, the site map which is attached hereto and incorporated herein this Agreement by reference, and all improvements to the Premises ( "Improvements ") including, without limitation, the fields, fences, irrigation systems, and the grassed areas. Section 4. Consideration. Lessee must operate a youth baseball program and must maintain the Premises and all Improvements on a year -round basis in accordance with all maintenance rules, with respect to this Lease, set out by the City Manager or his designee in effect now and as promulgated in the future. Failure to maintain the Premises and all Improvements in accordance with these rules constitutes grounds for termination of this Lease. At a minimum, maintenance includes: (A) Lessee shall pick up and properly dispose of litter on a daily basis whenever the Premises are being used and weekly during the rest of the year; (B) Lessee shall keep fully operational and in good repair the fields, irrigation systems, buildings, and fair weather parking area, which are located on the Premises; —71— 1 (C) Lessee must immediately report any vandalism to the Director, or his designee, and the Corpus Christi Police Department, Nueces County, Texas; (D) Lessee must keep safe and in good repair the bleachers; Lessee must repair the bleachers within 48 hours after need for repair is, or should have been, discovered; (E) Lessee shall keep the fair weather parking area and access roads free of debris, properly designated, and free of potholes in accordance with standards issued by the Director that are in force now and as promulgated in the future. Lessee must repair potholes within ten (10) days after the need for repair is or should have been discovered; (F) Lessee will provide normal, scheduled mowing of the Premises. Lessee will be responsible for maintaining the youth baseball fields as set out in Section 4 herein. Furthermore, Lessee will be responsible for maintaining the grass in the adjacent viewing /access areas at a safe height not to exceed six (6) inches; and (G) Lessee must provide for portable toilets for public use whenever the Premises are being used for league activity. The portable toilets must be serviced and sanitized at least once a week or as often as determined by the Director. (H) Lessee shall maintain the youth baseball fields within the Premises boundary lines. Grass on the youth baseball fields must not exceed three (3) inches. Lessee must mow the youth baseball fields within one (1) week after grass reaches three (3) inches in height. At least one month prior to the start of any season or pre-season practice, the youth baseball fields must be gradually cut shorter and brought into playing condition. Failure to keep the grass on the youth baseball fields at or below three (3) inches in height or to properly bring the youth baseball fields back to playing condition will be grounds for termination of this Lease. Section 5. Understanding. Lessee acknowledges and understands that use of the Premises is expressly conditioned on the understanding that the Premises and all Improvements must be returned in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction, where Lessee is without fault, excepted. Section 6. Joint Use. (A) City retains joint use of the Premises and Improvements during the term of this Lease, subject to Lessee's right to exclusive control of the Premises and Improvements during its use for Lessee's baseball program. City shall control use of the Premises and Improvements when Lessee is not using them for Lessee's baseball program. Lessee must not deny access to nor use of the Premises to the general public for other unorganized activities when the Premises are not being used by Lessee. Requests for use of the Premises and Improvements by other organizations must be reviewed for approval or denial by the Director. —72— 2 (B) City retains the right to use or cross the Premises with utility lines and /or easements. City may exercise these rights without compensation to Lessee for damages to the Premises and /or any Improvements from installing, maintaining, repairing, or removing the utility lines and/or easements. City must use reasonable judgment in locating the utility lines and /or easements to minimize damage to the Premises and /or its Improvements. Section 7. Primary Purpose. Lessee must establish and maintain a recreational area with the primary purpose being for the operation of a youth baseball program and for no other purpose without the Director's prior written approval. Section 8. Additions or Alterations. (A) Lessee shall not make any additions nor alterations to the Premises nor to any Improvements without Director's prior written approval. If approved, Lessee must obtain clearance, in writing, from City's Risk Management Department (Risk Management) that the proposed addition or alteration will be covered under the insurance policy in force during the term of this Lease before proceeding with any type of addition or alteration to the Premises or to the Improvements. (B) All additions or alterations must be made at Lessee's expense. All additions or alterations installed by Lessee must be repaired or replaced at Lessee's expense and may be removed by Lessee at the expiration or termination of the Lease if they may be removed without damaging the Premises or any Improvements. All additions or alterations made by Lessee which are not removed at the expiration or termination of this Lease become the property of City without necessity of any legal action. Section 9. Utilities. Lessee must pay for all utilities used by it or for any activity sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay any utility bill on or before the due date is grounds for termination of this Lease. Section 10. 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, 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. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 11. Advertising. The Director has the right to prohibit any advertising by Les - -73— 3 see which impairs the reputation of the Premises or the City. Section 12. Security. Lessee shall contract and pay for any and all security it requires at the Premises during the term of this Lease. Section 13. 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 14. 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 15. 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 16. 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 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 17. Indemnity. Lessee, its officers, members, partners, employees, representatives, agents, and licensees (collectively, Indemnitors) covenant 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, —74— 4 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 lndemnitees or any of them or 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 including, but not limited to, any injury or damage resulting, wholly or in part, proximately or remotely, from the violation by lndemnitees or any them of any law, rule, regulation, ordinance, or government order of any kind; 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. The terms of this indemnification are effective regardless of whether such injuries, death, or damages are caused, or are claimed to be caused, by the concurrent, contributing, or sole negligence of lndemnitees or any of them. 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, attend to their settlement or other disposition, defend City in all -75- 5 actions based thereon with counsel satisfactory to Indemnitees, 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 18. 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 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, as per Section 8 as set out herein this Lease. Section 19. No debts. Lessee shall not incur any debts nor obligations on the credit of City during the term o this Lease. Section 20. Termination. (A) The City may immediately terminate this Lease if the City determines, in its sole discretion, that Lessee is no longer fulfilling the primary purpose of the Lease as set out in Section 7. (B) In addition, the City may immediately terminate this Lease if it determines, in its sole discretion, that Lessee is in violation of any Federal, State, or local govemment law, rule, regulation, or ordinance. (C ) Additionally, if there is noncompliance with one or more of the provisions contained herein, the Director may give Lessee written notice to cure or begin curing the default(s) within ten (10) days of receipt of the notice. If Lessee is not in compliance or in substantial compliance with each provision identified by the Director within ten (10) days of receiving said notice, the City Manager may terminate this Lease for cause by providing written notice of termination and listing one or more areas of continued noncompliance (D) Either City or Lessee may terminate this Lease without cause by giving thirty (30) days written notice to the non - terminating party. Section 21. Notice. All notices, demands, requests, or replies provided for or —76— 6 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: IF TO LESSEE: City of Corpus Christi Southsi Attn: Director of Park & Recreation Attn: P. O. Box 9277 7• Corpus Christi, TX 78469 -9277 orpus (361) 880-3461 (361) 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. Section 22. List of Officers. (A) Lessee must submit its current List of Officers (List) to the Director within ten (10) days of commencement of this Lease. Further, Lessee, on the subsequent yearly anniversary dates of this Lease, must submit its current List to the Director. Failure to submit a current List, either within ten (10) days of commencement or annually as required by this section, shall constitute grounds for termination of this Lease. (B) The List must contain each person's title, name, address, home phone, and office or fax phone, if applicable. Section 23. Reporting. Lessee shall submit reports listing the number of youth and teams registered by Lessee to play youth baseball each year during the term of this Lease. The reports must be submitted to the Director by August 31st of each lease year. Section 24. Construction and Reconstruction Funds. (A) If the City receives funds to construct or reconstruct Improvements at the Premises, Lessee covenants to vacate the Premises, should the Director deem it necessary, upon thirty (30) days written notice from the Director. (B) Lessee has no action for damages against nor will be compensated by the City for loss of use of the Premises and /or Improvements. The City has no obligation to provide an alternate location for Lessee during the Improve- ments construction or reconstruction period. The consideration for Lessee relinquishing all rights to use the Premises and Improvements during the construction or reconstruction period is the City's construction or recon- struction of the Improvements for Lessee's benefit. (C) Once construction or reconstruction of the Improvements is complete, the —77— 7 Director will notify Lessee, in writing, of the date on which the Premises and Improvements are once again available to Lessee. (D) Lessee's term will not change nor increase if the City requests Lessee to vacate the Premises as set out herein. Section 25. 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. Section 26. 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. (B) 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. (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 27. Force Maieure. No party to this Lease 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 sus- pended during this period to the extent performance is reasonably affected. Section 28. Assignment and Sublease. This Lease may not be, in whole or in part, assigned, transferred, or sublet directly or indirectly without the prior written consent of the City. Section 29. Publication. Lessee agrees to pay the cost of newspaper publication of this Lease and related ordinance as required by the City Charter. Section 30. Ca tions. 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 31. Severabilitv. —78— 8 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 un- der present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, para- graph, 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 unen- forceable 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 32. 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 33. 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 concems they may contact the City at 880 -3461 and talk to the Parks Director, or designee. Section 34. Entirety Clause. This Lease and the attached and incorporated exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, except for the promulgation of future maintenance rules as contemplated in Section 4 herein above, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants governing each party's performance hereunder and as relating to Les- see's use of the Premises. EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of , 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary —79— 9 Approved as to legal form: By: ,cv� Lisa Aguilar, istant City Attorney For City Attorney ;Se* 3 ' Southside Youth Sports Complex By: /frak ?no/ 7/19/ President G�v�VJO Y' iA K� Printed Name: CVr Date: i ` S- 0 'X STATE OF TEXAS COUNTY OF NUECES is instrpment was acknowledged : -fore me on President of • thside organization. DONNA 1 DELEDN Notary Public STATE OF TEXAS My Comm. Exp. 08.11.2008 Nota Public, State of Texas Printed name: , 2008, by Complex on behalf of said Commission expires: —80— 10 m_ 0 ri O O m LAMONT DRIVE l 50'W IDE N 61.45'45" W N 61.47'00" W 625.03' 273.27' m• Ls N 0 O M NOQI6t.6Z S z — w rp 1 ' -a V' 1 N 'O l O 545.21 z • 32 S 61.42'00" E 41.43' • rn N 28.18'OO" E N 61642'00"W 394.52' 71.95' r 0 -a «6;.11.69 S M < rn O - "r' "' a▪ p c▪ � p n as m r z a � N �F,• N R p 8 F 2 -4 Ai (.4 p N '5 26 N 61.42'00" W 264.29' H IJ S 61.47'00- E 394.52' tll 200.00'. z N 1J Np —4 to' gc■ b. 0 08 -4 O . * .00'00Z m 4 O 0 N N N r 0 O N r< jN ai '5 r1 K�N n to 70 ,a•969 3 0O0.L1.19 S GOLLIHAR ROAD ( loo' won -81- INSURANCE REQUIREMENTS LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this Lease 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, 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 all liability policies, 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: $1,000,000 COMBINED SINGLE LIMIT 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 C. In the event of accidents of any kind, Lessee must fumish the Risk Manager copies of all reports of any accidents within 10 days of the 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 required on all applicable policies. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left'. ".In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under "Description of Operations ". • At a minimum, a 30-day written notice of cancellation, material change, non - renewal or termination is required. B. If the Certificate of Insurance on its face 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 1.6. (1) -(7) are included or excluded. -82- 12 Page 1 of 2 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A FIVE -YEAR LEASE AGREEMENT WITH SOUTHSIDE YOUTH SPORTS COMPLEX, A NON - PROFIT ORGANIZATION, FOR THE USE OF PRICE PARK FOR ITS YOUTH BASEBALL PROGRAM IN CONSIDERATION OF SOUTHSIDE YOUTH SPORTS MAINTAINING THE PREMISES AND IMPROVEMENTS; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY BE IT ORDAINED 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 five -year lease with Southside Youth Sports Complex, a non - profit organization, for the use of Price Park for its youth baseball program. A copy of the lease, including exhibits that are attached to and incorporated into 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. 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 takes effect upon first reading as an emergency measure this the _ day of , 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor Approved: September 3, 2008 By: ..- Wt Lisa Aguilar, A j tant City Attorney For City Attorney H:\LEG- DIR \Lisa\2008 ORDINANCES\ ORD- AUthLeaseSouth g outhSports- PricePark.doc Corpus Christi, Texas Day of , 2008 Page 2 of 2 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:LLEG- DIR\Lisa\2008 ORDINANCES\ ORD- AuthLeaseSouttrst YouthSports- PricePark.doc 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 30, 2008 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a five year lease agreement with Coastal Bend Corpus Christi Football League, a non - profit organization, for the use of Botsford Park for its football program in consideration of Coastal Bend Corpus Christi Football league maintaining the premises and improvements; providing for severance; and providing for publication. ISSUE: Coastal Bend Corpus Christi Football league has requested a five year lease agreement. REQUIRED COUNCIL ACTION: The City Council must approve all leases. PREVIOUS COUNCIL ACTION: The City Council previously approved a five -year lease with South Texas Pop Warner Youth Football Central Corpus Christi Association Football league in December 2002. FUNDING: No funding involved. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve the five year lease, with Coastal Bend Corpus Christi Football league for the use of Botsford Park. Sally Gavl , Director ect " Parks an Recreation Department Attachments: Background Information —87— BACKGROUND INFORMATION The South Texas Pop Warner Youth Football Central Corpus Christi Association started operating under a one -year use permit at Bostford Park since July 30, 2002 and after the league showed improvement a five year lease was signed in December 2002. The association was awarded the permit as a result of a Request of Proposal effort in order to get work started on preparing the fields for the season. The RFP indicated that the lease would be five years so that the poor condition of the facility could be corrected with borrowed funds, if needed, and the longer initial term would allow for easier financing. The association was a member of South Texas Pop Warner Youth Football League. South Texas Pop Warner, the parent organization, was given a charter from Pop Warner Little Scholars, Inc. (a national organization) in 1998. Central Corpus Christi Pop Warner was formed in 2001 to provide children on the west and central parts of the city an opportunity to participate in youth football without having to drive to the South Side. The South Texas Pop Warner Youth Football Central Corpus Christi Association moved away from the Pop Warner League and became the Coastal Bend Corpus Christi Football League. The fields have improved tremendously over the past few years under the new leadership. The organization provides parents with a program on being a good role model as well as a good sportsmanship. —88— LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND COASTAL BEND CORPUS CHRISTI FOOTBALL LEAGUE This lease agreement ( "Lease ") is entered into by and between the City of Corpus Christi, a Texas home rule municipal corporation ( "City"), acting through its duly authorized City Manager or designee ( "City Manager "), and Coastal Bend Corpus Christi Football League ( "Lessee "), a Texas non - profit association, acting through President of Lessee. WHEREAS, the City owns Botsford Park, Corpus Christi, Nueces County, Texas, a portion of which will be known as the "Premises "; WHEREAS, the Lessee desires to use the Premises for its youth football program; and WHEREAS, the City desires to allow Lessee to use the Premises for its youth football program. NOW, THEREFORE, the City and Lessee, in consideration of the mutual prom- ises and covenants herein, agree as follows: Section 1. Term. Subject to the remaining terms and conditions hereof, the original term of this Lease is five (5) years, beginning on day of City Council approval, which is _ , 2008, unless sooner terminated as set out herein. Section 2. Contact Person /Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director of Park and Recreation or his designee ( "Director"). Section 3. Premises and Improvements. City leases to Lessee the Premises, as described and delineated in Exhibit A the site map which is attached hereto and incorporated herein this Agreement by reference, and all improvements to the Premises ( "Improvements ") including, without limitation, the fields, fences, irrigation systems, and the grassed areas. Section 4. Consideration. Lessee must operate a youth football program and must maintain the Premises and all Improvements on a year -round basis in accordance with all maintenance rules, with respect to this Lease, set out by the City Manager or his designee in effect now and as promulgated in the future. Failure to maintain the Premises and all Improvements in accordance with these rules constitutes grounds for termination of this Lease. At a minimum, maintenance includes: (A) Lessee shall pick up and properly dispose of litter on a daily basis whenever the Premises are being used and weekly during the rest of the year; (B) Lessee shall keep fully operational and in good repair the fields, irrigation systems, buildings, and fair weather parking area, which are located on the Premises; 1 —89— (C) Lessee must immediately report any vandalism to the Director, or his designee, and the Corpus Christi Police Department, Nueces County, Texas; (D) Lessee shall keep the fair weather parking area and access roads free of debris, properly designated, and free of potholes in accordance with standards issued by the Director that are in force now and as promulgated in the future. Lessee must repair potholes within ten (10) days after the need for repair is or should have been discovered; (E) Lessee shall maintain the bleachers, and repair within 48 hours after need is or should have been discovered; (F) Lessee will provide normal, scheduled mowing of the Premises. Lessee will be responsible for maintaining the youth football fields as set out in Section 4G herein below. Furthermore, Lessee will be responsible for maintaining the grass in the adjacent viewing /access areas at a safe height not to exceed six (6) inches; and (G) Lessee shall maintain the youth football fields within the Premises boundary lines. Grass on the youth football fields must not exceed three (3) inches. Lessee must mow the youth football fields within one (1) week after grass reaches three (3) inches in height. At least one month prior to the start of any season or pre- season practice, the youth football fields must be gradually cut shorter and brought into playing condition. Failure to keep the grass on the youth football fields at or below three (3) inches in height or to properly bring the youth football fields back to playing condition will be grounds for termination of this Lease. Section 5. Understanding. Lessee acknowledges and understands that use of the Premises is expressly conditioned on the understanding that the Premises and all Improvements must be returned in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction, where Lessee is without fault, excepted. Section 6. Joint Use. (A) City retains joint use of the Premises and Improvements during the term of this Lease, subject to Lessee's right to exclusive control of the Premises and Improvements during its use for Lessee's youth football program. City shall control use of the Premises and Improvements when Lessee is not using them for Lessee's program. Lessee must not deny access to nor use of the Premises to the general public for unorganized activities when the Premises are not being used by Lessee. Requests for use of the Premises and Improvements by other organizations must be reviewed for approval or denial by the Director. —90— 2 (B) City retains the right to use or cross the Premises with utility lines and /or easements. City may exercise these rights without compensation to Lessee for damages to the Premises and /or any Improvements from installing, maintaining, repairing, or removing the utility lines and /or easements. City must use reasonable judgment in locating the utility lines and /or easements to minimize damage to the Premises and /or its Improvements. Section 7. Primary Purpose. Lessee must establish and maintain a recreational area with the primary purpose being for the operation of a youth football program and for no other purpose without the Director's prior written approval. Section 8. Additions or Alterations. (A) Lessee shall not make any additions nor alterations to the Premises nor to any Improvements without Director's prior written approval. If approved, Lessee must obtain clearance, in writing, from City's Risk Management Department (Risk Management) that the proposed addition or alteration will be covered under the insurance policy in force during the term of this Lease before proceeding with any type of addition or alteration to the Premises or to the Improvements. (B) All additions or alterations must be made at Lessee's expense. All additions or alterations installed by Lessee must be repaired or replaced at Lessee's expense and may be removed by Lessee at the expiration or termination of the Lease if they may be removed without damaging the Premises or any Improvements. All additions or alterations made by Lessee which are not removed at the expiration or termination of this Lease become the property of City without necessity of any legal action. Section 9. Utilities. Lessee must pay for all utilities used by it or for any activity sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay any utility bill on or before the due date is grounds for termination of this Lease. Section 10. 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, 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. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 11. Advertising. The Director has the right to prohibit any advertising by Les- 3 -91- see which impairs the reputation of the Premises or the City. Section 12. Security. Lessee shall contract and pay for any and all security it requires at the Premises during the term of this Lease. Section 13. 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 14. 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 15. 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 16. 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 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 17. Indemnitv. Lessee, its officers, members, partners, employees, representatives, agents, and licensees (collectively, Indemnitors) covenant 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, 4 —92— 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 lndemnitees or any of them or 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 including, but not limited to, any injury or damage resulting, wholly or in part, proximately or remotely, from the violation by lndemnitees or any them of any law, rule, regulation, ordinance, or government order of any kind; 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. The terms of this indemnification are effective regardless of whether such injuries, death, or damages are caused, or are claimed to be caused, by the concurrent, contributing, or sole negligence of lndemnitees or any of them. 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, attend to their settlement or other disposition, defend City in all 5 -93- 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 18. 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 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, as per Section 8 as set out herein this Lease. Section 19. No debts. Lessee shall not incur any debts nor obligations on the credit of City during the e� r this Lease. Section 20. Termination. (A) The City may immediately terminate this Lease if the City determines, in its sole discretion, that Lessee is no longer fulfilling the primary purpose of the Lease as set out in Section 7. (B) In addition, the City may immediately terminate this Lease if it determines, in its sole discretion, that Lessee is in violation of any Federal, State, or local government law, rule, regulation, or ordinance. (C ) Additionally, if there is noncompliance with one or more of the provisions contained herein, the Director may give Lessee written notice to cure or begin curing the default(s) within ten (10) days of receipt of the notice. If Lessee is not in compliance or in substantial compliance with each provision identified by the Director within ten (10) days of receiving said notice, the City Manager may terminate this Lease for cause by providing written notice of termination and listing one or more areas of continued noncompliance. (D) Either City or Lessee may terminate this Lease without cause by giving thirty (30) days written notice to the non - terminating party. Section 21. Notice. All notices, demands, requests, or replies provided for or —94— 6 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 IF TO LESSEE: Coast -. Ben • Corpus Christi Football Attn: orpus (361) 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. Section 22. List of Officers. (A) Lessee must submit its current List of Officers (List) to the Director within ten (10) days of commencement of this Lease. Further, Lessee, on the subsequent yearly anniversary dates of this Lease, must submit its current List to the Director. Failure to submit a current List, either within ten (10) days of commencement or annually as required by this section, shall constitute grounds for termination of this Lease. (B) The List must contain each person's title, name, address, home phone, and office or fax phone, if applicable. Section 23. Reporting. Lessee shall submit reports listing the number of youth and teams registered by Lessee to play youth football each year during the term of this Lease. The reports must be submitted to the Director by August 31st of each lease year. Section 24. Construction and Reconstruction Funds. (A) If the City receives funds to construct or reconstruct Improvements at the Premises, Lessee covenants to vacate the Premises, should the Director deem it necessary, upon thirty (30) days written notice from the Director. (8) Lessee has no action for damages against nor will be compensated by the City for loss of use of the Premises and /or Improvements. The City has no obligation to provide an alternate location for Lessee during the Improve- ments construction or reconstruction period. The consideration for Lessee relinquishing all rights to use the Premises and Improvements during the construction or reconstruction period is the City's construction or recon- struction of the Improvements for Lessee's benefit. (C) Once construction or reconstruction of the Improvements is complete, the —95— 7 Director will notify Lessee, in writing, of the date on which the Premises and Improvements are once again available to Lessee. (D) Lessee's term will not change nor increase if the City requests Lessee to vacate the Premises as set out herein. Section 25. 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. Section 26. 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. (B) 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. (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 27. Force Maieure. No party to this Lease 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 sus- pended during this period to the extent performance is reasonably affected. Section 28. Assignment and Sublease. This Lease may not be, in whole or in part, assigned, transferred, or sublet directly or indirectly without the prior written consent of the City. Section 29. Publication. Lessee agrees to pay the cost of newspaper publication of this Lease and related ordinance as required by the City Charter. Section 30. Ca lions. The captions in this Lease are for convenience only, are not a part of this Lease, an do not in any way limit or amplify the terms and provisions of this Lease. Section 31. Severability. -96- 8 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 un- der present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, para- graph, 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 unen- forceable 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 32. 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 33. 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. Section 34. Entirety Clause. This Lease and the attached and incorporated exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, except for the promulgation of future maintenance rules as contemplated in Section 4 herein above, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants governing each party's performance hereunder and as relating to Les- see's use of the Premises. EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of , 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary —97— 9 Approved as to legal form: n1 3 20o ' By: d. tn=ti Lisa Aguilar, sistant City Attorney For City Atto ey STATE OF TEXAS COASTAL END CORPUS CHRISTI FOOTBALL LEAGUE By: P Printed Date: COUNTY OF NUECES is instkument was acknowledge said organiza , President of efore me on stal B7d Cor , 2008, by hristi Football League behalf of Not ry Public, State of Texas Printed name: Commission expires: -98- .Low git 1 6_008 10 -99= INSURANCE REQUIREMENTS LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this Lease 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, 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 all liability policies, 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: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Broad Forth Property Damage 6. Independent Contractors 7. Personal Injury C. In the event of accidents of any kind, Lessee must furnish the Risk Manager copies of all reports of any accidents within 10 days of the 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 required on all applicable policies. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left". ".In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under "Description of Operations ". • At a minimum, a 30-day written notice of cancellation, material change, non - renewal or termination is required. B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1.6 (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. -100- 12 Page 1 of 2 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A FIVE -YEAR LEASE AGREEMENT WITH COASTAL BEND CORPUS CHRISTI FOOTBALL LEAGUE, A NON - PROFIT ORGANIZATION, FOR THE USE OF BOTSFORD PARK FOR ITS FOOTBALL PROGRAM IN CONSIDERATION OF COASTAL BEND CORPUS CHRISTI FOOTBALL LEAGUE MAINTAINING THE PREMISES AND IMPROVEMENTS; AND DECLARING AN EMERGENCY BE IT ORDAINED 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 five -year lease with Coastal Bend Corpus Christi Football League, a non - profit organization, for the use of Botsford Park for its football program. A copy of the lease, including exhibits that are attached to and incorporated into 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. 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 takes effect upon first reading as an emergency measure this the day of , 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: -' , 2008 By: ini>.--t. Lisa Aguilar Senior Assistant City Attorney For City Attorney Henry Garrett Mayor H:\LEG -DI R\Lisa\2008 ORDINANC ES\ ORD- AuthLeaseCBGetettaN- Botsford Park.doc Page 2 of 2 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 -102 - H:LLEG- DIRUeannie\ Lisa\ ORD- AuthLeaseCBCCFoothall- BotsfordPark doe 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 30, 2008 AGENDA ITEM: Authorizing the City Manager, or designee, to execute a five year professional services contract and lease agreement with Cory Brooks, for Tennis Center Operations at H.E. Butt Municipal Tennis Center (Tennis Center), in consideration of Pro paying the city 5% of pro and lesson revenue, and collecting and forwarding city revenue for Pro's exclusive use of the Tennis Center, and city paying Pro $4,138 per month for Pro operating Tennis Center; providing for publication; and declaring an emergency. ISSUE: Mr. Brooks has been managing the facilities since December 2006. The City would enter into a 5 -year contract agreement with the Cory Brooks, Tennis Pro, and lease the H.E.B. Tennis Center. REQUIRED COUNCIL ACTION: Approval of the lease by City Council. PREVIOUS COUNCIL ACTION: N/A Board /Commission Action: N/A FUNDING: Professional Services funding budgeted in FY09 in the HEB Tennis Center organization out of the General Fund. CONCLUSION AND RECOMMENDATION: It is recommended that City Council approve the 5 -year contract agreement and lease with Cory Brooks. Sally Gav Parks an Attachments: Background Information —105— , Director Recreation Department BACKGROUND INFORMATION Mr. Brooks has been managing the facilities since December 2006. He has created a tennis program and the clientele are satisfied with his operation. He works well with the City and has been initiating new programs hoping to increase revenue. 06 -07 revenues were up 20% from the previous year. —106— Tennis Pro Contract & Lease of HEB Tennis Center Cory Brooks THE STATE OF TEXAS § Page 1 of 9 KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This Contract ( "Contract ") is between the City of Corpus Christi, a Texas home -rule municipal corporation ( "City "), and Cory Brooks of Nueces County, Texas ( "Pro "). This Contract is a Tennis Pro Service Contract and a Lease of the H. E.B. Municipal Tennis Center ( "Facility"). In consideration of the covenants herein, City and Pro agree as follows: 1. Term. City contracts with Pro as Tennis Professional at the H.E.B. Municipal Tennis Center ( "Facility ") subject to all of the terms of this Contract. Further, City leases Facility to Pro, subject to the terms of this Contract. Facility is shown in the attached Exhibit 1. This Contract (the Tennis Pro Service Contract and Lease) is for five (5) years, unless sooner terminated. This Contract is effective on final approval by the City Manager. 2. Monthly Pro Fee. City shall pay Pro Four Thousand One Hundred and thirty -eight Dollars ($4,138) per month, payable monthly on the first business day of each calendar month during this Contract, as the monthly tennis Pro fee for Pro's services provided hereunder. For any fee due after fiscal year 2008 -2009, the monthly Pro fee is subject to appropriation by City Council in the applicable fiscal year budget. If a monthly Pro fee of at least $4,138 is not appropriated, Pro may terminate this Contract. Parks Director shall review Pro's performance (including City Revenue) after the end of each month of this Contract. It is expressly understood that Pro is an independent contractor and not a City employee and is not entitled to the benefits normally accorded to City employees. 3. Pro Responsibilities. A. Compliance with Laws. Pro must operate H.E.B. Municipal Tennis Center (the "Facility") in conformity with the laws of the State of Texas and the ordinances, rules and regulations of City. B. Pro's Qualifications. Pro must be experienced in the management, supervision, and operation of a tennis facility. Pro must have and maintain a Class 1 Rating from the United States Professional Tennis Association. Pro's primary duty is to manage and control the administration and operation of the Facility. C. Pro Supervision of Facility. Pro is directly responsible for supervising the Facility, including without limitation, all activities in the locker /restroom. —107— Page 2of9 D. Facility Rules. Pro shall adequately publish and enforce all rules and regulations governing the playing of tennis and all other activities, as may be conducted at Facility. E. Cash Handling. Pro must provide fidelity bonds for himself and any of Pro's employees who handle cash or credit cards. These bonds must be provided to the Director of Parks and Recreation or designee ( "Parks Director") and must be a good and sufficient fidelity bond in the sum of Five Thousand ($5,000) Dollars, written by a corporate surety duly licensed under Texas laws to write fidelity bonds. These bonds must be kept in effect for the entire term of this Contract and any holdover period. These bonds must assure payment to the City of all City Revenue collected by Pro and Pro's employees on behalf of the City and the prompt payment of five (5 %) percent of Pro Revenue, including Lesson Revenue, to which the City is entitled. F. Background Investigation. Pro agrees that City may conduct a background investigation of Pro and all of Pro's employees and independent contractors at City's expense. A release authorizing the background investigation must be executed by the Pro and Pro's employees and independent contractors. City shall terminate this Contract if the City finds a felony conviction, convictions for crime of moral turpitude, or conviction for any drug offenses. Pro shall terminate any of Pro's employees and independent contractors for the same causes. - G. Pro's Employees. Pro, at Pro's expense, shall employ sufficient employees to assist Pro in conducting lessons, operating the Pro Shop, and scheduling courts. All employees shall be employees of Pro, not City. Employees shall not have any Contractual relationship with, and are not entitled to any benefits from, City. Pro shall pay the salaries of all of Pro's employees. All Contract services must be provided by or under the supervision of Pro. All of Pro's employees must be fully qualified to perform all Contract services performed by each of them. None of the Contract services may be subcontracted without the prior written approval of the Parks Director. Pro is responsible for and must control the activities of Pro and Pro's employees at the Facility and must take whatever action is necessary to insure that Pro and Pro's employees conduct themselves in an orderly manner and in keeping with the conduct required of employees in service organizations in general. Pro shall insure that Pro and Pro's employees do not consume intoxicating substances at the Facility, or report to work under the influence of same. Pro shall insure that Pro's conduct and language, and that of Pro's employees, is above reproach, taking into consideration the Facility is viewed as a City facility, and that it caters to families and youth with many children participating. H. Taxes. Pro, at his expense, will pay all payroll taxes, F.I.C.A. taxes, and all other related taxes prior to the past due date. —108— Page 3 of 9 I. Programs. 1. Pro must maintain and promote a continuing program to attract citizens and tourists, to use of the Facility, particularly weekday play, and must maintain rental tennis rackets for use by the public. A schedule of hours of operation for the Facility must be posted at the Facility and filed with the Parks Director. 2. Pro shall promote the game of tennis through youth programs. 3. Pro must each month submit to the Parks Director a program of activities for the forthcoming month identifying, at a minimum, leagues, lessons, youth and adult programs, tournaments by dates and estimated number of participants and hours of operation. J. Court Fees. Pro will adequately publicize all approved tennis fees. K. Required Signage. Pro will provide suitable signs at the Facility Pro Shop advising the public that the business activity is operated by Pro as an independent contractor and not operated by City. L. Nondiscrimination. Pro is responsible for the fair and just treatment of all Pro's employees. Pro must insure that no employee or participant is discriminated against because of disability, sex, race, color, creed, or national origin. M. Dangerous Conditions. Pro must notify the Parks Director of all dangerous conditions or special defects at the Facility. Until City repairs or otherwise remedies the dangerous conditions or special defects Pro must not use, or allow to be used, any area of the Facility which has dangerous conditions or special defects. N. Alterations. Pro will make no alterations to the Facility without the Parks Director's prior written approval of Pro's proposed plans for alteration. 0. Public Courts. Since the H.E.B. Municipal Tennis Center is owned by the City for the benefit of City residents, Pro must make a minimum of four (4) tennis courts available to the public whenever the Pro or Pro's authorized individuals are giving, or available to give tennis lessons, with the exception of tournaments. P. Facility Maintenance. City is responsible for all Facility maintenance and major and minor repairs at the Facility to the extent shown in Exhibit 2; and in consideration thereof, it is agreed that Pro must make no claim for any damages against the City for loss of income due to the City's failure to make any repairs. 4. Consideration for Lease of Facility. As consideration for lease of the Facility, Pro must collect and deposit all City Revenue daily in City's account; and Pro must collect Pro Revenue and Lesson Revenue daily and deposit daily in City's account 5% of Pro Revenue and 5% of Lesson Revenue, as set out in Section 5 below. -109— Page 4 of 9 5. Revenue. A. City Revenue. "City Revenue" means all court fees, permit fees, locker fees, and other City charges at the then current rate set by the Parks Director in accordance with Sec. 36 -3. Rental Rates of the City Code of Ordinances. City Revenue does not include any Pro Revenue. B. Pro Revenue. "Pro Revenue" means all gross revenue received from the Pro Shop or for use of the Facility, including but not limited to, tournaments, league play, summer camps, merchandise sales, racket rentals, tennis lessons (Le., Lesson Revenue), racket stringing, racket repairs, food and drink sales, excluding all applicable separately stated taxes and bulk merchandise sales to schools at wholesale prices if Pro provides the Parks Director with a copy of the sales receipt. To be excluded from Pro Revenue, any other wholesale or bulk sale to anyone but a school, must be approved in writing by the Parks Director prior to the sale. C. Lesson Revenue. Pro has the exclusive right at H.E.B. Municipal Tennis Center to give, or authorize, tennis lessons. "Lesson Revenue" means all revenue produced from giving or authorizing tennis lessons, camps or other forms of teaching sessions. If any person receiving tennis lessons does not have a tennis permit, Pro must charge a court fee for each lesson given, which court fee will be deposited as City Revenue. D. Payment of Revenue. 1. City Revenue. Pro must deposit, daily, all City Revenue, together with daily cash register tapes and the daily report at the City's designated depository. 2. Pro and Lesson Revenue. As stated in Section 4, Pro must deposit in City's account City's 5% of Pro and 5% of Lesson Revenue daily beginning on the effective day of this Contract as part of the daily deposit. 6. Exclusive Right. Pro is granted the exclusive right to operate a Pro Shop at H.E.B. Municipal Tennis Center including the right to: A. Sell merchandise. B. Rent rackets, ball machines, buckets of balls. C. String rackets. D. Repair rackets. E. Operate a food and drink concession. During this Contract, City will not grant to any other person or organization the right to sell at H.E.B. Municipal Tennis Center any items available at the Pro Shop, or allow anyone else to give paid tennis lessons except through or with the consent of the Pro. —110— Page 5 of 9 7. Record Keeping. Pro must furnish to the City's Director of Finance, or designee, ( "Finance Director ") a certified monthly statement of Pro Revenue on or before the tenth day of each month during the Lease. The Finance Director will approve the statement form prior to commencement of this Lease. The statement form may be altered at the Finance Directors discretion. Pro must keep accurate books of account of all Pro Revenue collected. The books of account will be open for inspection, copying, or audit by City Manager, or designee, ( "City Manager') at all times. All books of account and backup documentation must be available to the Director for review during City's business hours at the Facility. City's Director of Finance and Pro's designee will approve the form for the daily report. All underlying documentation for Pro Revenue, Lesson Revenue, City Revenue, and Pro's certified monthly statement, including cash register tapes, purchase orders, invoices, sales receipts, counter information, and the like, must be preserved by Pro during the lease term and for at least two years thereafter, including any holdover period. Accounting records, ledgers, journals, and reports with regard to Pro Revenue, Lesson Revenue and City Revenue must be retained for five (5) years after termination of this Contract. City may terminate this Lease for failure to preserve these records or to provide them to City Manager upon request. Pro must provide the Parks Director copies of its quarterly sales tax reports for all sales at the Facility within 30 days of Parks Director's written request therefor. Failure to provide said copies is cause to terminate this Lease. 8. Taxes. Pro must pay any and all assessments or taxes, however incurred, arising from the use of the Facility, the sale of merchandise or services pursuant to this Contract, including without limitation sales or use taxes, ad valorem taxes, and federal income taxes prior to the taxes becoming past due. 9. Utilities. City, as owner of the Facility, will provide electrical, gas, water, and wastewater service to the Facility. In managing the Facility, Pro must practice energy conservation efforts to efficiently use water, electrical and natural gas resources. 10.Insurance. A. General Liability. Pro shall secure and maintain a comprehensive general liability insurance policy to include Contractual liability coverage with minimum limits of Five Hundred Thousand Dollars ($500,000) combined single limit. The City of Corpus Christi shall be named as an additional Insured on the policy. The comprehensive general liability policy carried by the Pro under this Contract is the primary coverage in case of loss or damage related to Pro's operation of the Facility. A copy of the policy shall be submitted to the Director for approval prior to commencement of this Contract. B. Insurance Certificate. As evidence of the insurance coverage required by this Contract and prior to execution of this Contract, the Pro shall furnish certificate(s) of insurance to the Director. The Certificate(s) will specify parties who are additional —111— Page 6 of 9 insured and will indicate what endorsements are included and what exclusions are removed. C. Cancellation Notice. There shall not be any cancellation, material change, or intent not to renew the insurance policies without thirty (30) days prior written notice to the Director. D. Worker's Compensation. Pro shall secure and maintain worker's compensation insurance. 11.Assignment. This Contract is a personal service Contract and is not assignable. 12.Termination. The City Manager, may, after 45 days advance written notice and opportunity to cure, terminate this Contract for a material breach by Pro of the Contract if breach has not been cured, provided, however, the City Manager, may immediately terminate this Contract if Pro's violation involves: misappropriation of funds due the City, failure to produce financial or accounting documentation as required herein, or a serious or imminent danger to the public. Pro may terminate this Contract if the Pro provides the Parks Director 45 days advance written notice. This Contract will terminate immediately upon the death of Pro. Further, this Contract will be terminated upon the inability of Pro to perform the duties hereunder for 120 consecutive days. 13. City Responsibilities. A. Ownership. City owns the H.E.B. Municipal Tennis Center facilities, all improvements, and buildings located thereon; the furnishings and equipment for the locker room /restroom area, as shown on Exhibit 1 attached hereto and made a part hereof for all purposes; and the office equipment, including without limitation, a cash register and basic supplies, located in the Pro Shop and /or office. B. Telephone. City will pay for one telephone for local calls. C. Security. City has installed security equipment, including sound and movement detectors, in the Pro Shop and concession building. The Pro must pay the monthly bill for the security services. D. Facility Maintenance. City is responsible for all Facility maintenance and major and minor repairs at the Facility to the extent shown in Exhibit 2; and in consideration thereof, it is agreed that Pro must make no claim for any damages against the City for loss of income due to the City's failure to make any repairs. E. Janitorial. City will clean the Facility and will provide all cleaning supplies. F. Promotion of Facility. City shall continue its promotional activities for the Facility, including brochures and listings in departmental literature. 14. Indemnity. Pro must fully indemnify, save and hold harmless City, its officers, employees, and agents (hereinafter "the lndemnitees ") against any and all -112- Page 7of9 liability, damage, loss, claims, demands and actions of any nature whatsoever on account of personal injuries (including, without limitation on the foregoing, workers' compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with, tennis related activities undertaken pursuant to this Tennis Pro Contract and Lease of H.E.B. Municipal Tennis Center or any operations or activities thereunder, regardless of whether the injury, loss or damage shall be caused by, or claimed to be caused by, in whole or in part, the negligence or other fault of the lndemnitees or any of them. Pro shall at its own expense investigate all these claims and demands, attend to their settlement or other disposition, defend all actions based thereon and pay all charges of attorneys and all other costs and expenses of any kind arising from the liability, damage, loss, claims, demand, and actions. 15. Notices. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attention: Director, Parks & Recreation P.O. Box 9277 Corpus Christi, Texas 78469 -9277 FAX No: (361)880 -3464 Phone No: (361) 880 -3461 IF TO PRO: Cory Brooks. 4901 Saratoga #127 Corpus Christi, Texas 78413 Phone No. (361) 215 -3111 16.Amendments. Modifications to this Contract are not effective unless signed by a duly authorized representative of all parties hereto. Modifications that do not change the essential scope and purpose of the Contract, specifically including without limitation the amount of the monthly Pro fee, may be approved on behalf of the City by the City Manager. 17.Publication. Pro must pay the costs of newspaper publication of this Contract and Lease and related ordinance as required by the City Charter. —113— Page 8 of 9 18.Effective Date. This Contract is effective on final approval by the City Manager. SIGNED this _ day of , 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved !ice 3 2.-001 Lisa Aguilar/ Assistant C Attorney For City Attorney TENNIS PRO, "Pro" By: Cory Brooks STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged Cory Brooks. City Manager DONNA I. DELEON `V Notary Public t STATE OF TEXAS +«q el My Comm. Exp. 08.11.2012 ore me on August2-g, 2008, by Nota Public, State of Texas Printed name: Commission expires: -114- na �%c l-ecsL * /t t I7Mo2 Exhibit "A" Location Mao H.E:B. TENNIS CENTER LOCATION MAP _1 ¶5Wbit'A' Page 1 of 2 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A FIVE -YEAR PROFESSIONAL SERVICES CONTRACT AND LEASE AGREEMENT WITH CORY BROOKS, FOR TENNIS OPERATIONS AT THE H.E. BUTT MUNICIPAL TENNIS CENTER (TENNIS CENTER), IN CONSIDERATION OF PRO PAYING THE CITY 5% OF PRO AND LESSON REVENUE, AND COLLECTING AND FORWARDING CITY REVENUE FOR PRO'S EXCLUSIVE USE OF TENNIS CENTER, AND CITY PAYING PRO $4,138 PER MONTH FOR PRO OPERATING TENNIS CENTER; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS THAT SECTION 1. The City Manager or designee is authorized to execute a five -year professional services contract and lease agreement with Cory Brooks, for tennis operations at the H.E. Butt Municipal Tennis Center (Tennis Center), in consideration of Pro paying the City 5% of Pro and Lesson Revenue, and collecting and forwarding City Revenue for Pro's exclusive use of the H.E. Butt Municipal Tennis Center, and City paying Pro $4,138 per month for Pro operating Tennis Center. A copy of the lease, including exhibits that are attached to and incorporated into the lease, is on file with the City Secretary. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council 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 takes effect upon first reading as an emergency measure this the _ day of , 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor Approved: ,get 3 , 2008 By: a..4.:2- . Lisa Aguilar Senior Assista City Attorney For City Attorney H: \LEG- DIR\Lisa\2008 ORDINANCES \ORD•AuthContrad ierr&2ro.doc Page 2 of 2 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: l /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:LLEG- DIRUean nie \Lisa \ORD- AuthContract -Tenn isPro.doc —117— CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: Sept 30, 2008 AGENDA ITEM: A) Motion .accepting a grant from PetSmart Charities in the amount of $9,975 for a trap /alter /release program and authorizing the City Manager or his designee to execute a grant agreement and any related documents. B) Ordinance appropriating a grant of $9,975 from PetSmart Charities in the No. 1066 Health Grants Fund to provide a trap /alter /release program; and declaring an emergency. ISSUE: The Animal Control Division made application to PetSmart Charities for a grant to assist with the cat overpopulation problem in the City. This grant will allow the City, under a pilot process, to create the Trap /Alter/Release Program. This program allows staff to trap feral cats, vaccinate for rabies, mark and alter. Once altered, the cats will be returned to the neighborhood from which they were trapped. REQUIRED COUNCIL ACTION: Council Action is necessary to accept the PetSmart Charities Grant. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends that Mayor and Council accept the PetSmart Charities Grant -121- e. Assistant City Manager BACKGROUND INFORMATION The PetSmart Charities grant will allow the Animal Control Division an opportunity to pilot the Trap /Alter /Release Program. This program deals with the feral cat (cats that are the "wild" offspring of domestic cats and are primarily the result of pet owner's abandonment or failure to spay and neuter their animals, allowing them to breed uncontrolled) population. This grant will allow Animal Control to purchase traps, and to enlist the assistance of local citizens to trap the feral cats. The cats will be brought to the shelter where they will be vaccinated for rabies, marked and altered. The cats will then be returned to the neighborhood from which they were trapped, thus stabilizing the colony. Similar programs are being implemented in cities around Texas, including Houston and Round Rock. —122— PETSMART Our Vision: A Lifelong, Loving Home For Every Pet antes. i w w w. p etsm a r t c h a r i u e s. o rg August 6. 2008 Ms. ICelli Copeland City of Corpus Christi (Animal Care Services) P.O. Box 9277 Corpus Chnsri, TX 7349 Dear Ms. Copeland: PetSmart Charities Grant Committee has reviewed your recent grant application. We are pleased to be able to offer your organization 59,975.00 which is full funding of your request Congratulations on the important work you are doing for the cats and people in your community. If you have not already done so, we encourage you to visit . . • . - is . ch -t -... . Ars /fundtaising to view free webrnars (setnn!ars on line). There are some excellent resources and creative ideas included in these sessions. After we have received your follow -up report, you will be eligible to apply for a new state grant at the correct time for your state, which is postmarked before the end of May each year. Enclosed for your consideration is a Grant Contract Agreement. Please note that the last sentence in the first paragraph of your Grant Contract Agreement explicitly states what the grant Ands are to be used for. PLEASE MAKE SURE YO U ARE IN AGREEMENT WITH THIS BEFORE YOU SIGN THE CONTRACT. if the officers of the organization agree 'nth the conditions, please have an officer sign the contract and return the original document to this office at your earliest convenience. After the executed contract has been received, reviewed and signed by a Director of PetSmart Channes, a check will be issued at that time. Too oil ;d<n recely a compleit i s r with your rant .hem. - • r . e » ^. .r. .. . r> , . t' 'v .. reviewed the media ltit. ft is our understanding that you will begin work promptly and will try to complete a0 work under the grant writhin one year from the date of the Grant Contract Agreement. Your Grant Follow -up Report is due no later than 18 months iron: the date of your grant contract and must be submitted under the attached format only' Please note that any changes to the uses of your grant money from those stated in the contract must be approved by PetSmart Charities in writing, in advance. For help finding other potential funders who may be a good tit with your funding needs, visit Mtn: : r'.- w.fdncentet.org collections/ to find a librtr• near you with resources to help grantseekers. Also, visit isiw ' PetSmartchsnnes.webex.eom to sign up for one of our free vicebhtars on grant funding, or listen to a recording of a past vvebinar on the subject. \C•e consider you to be an important partner in our mutual efforts ru end euthanasia and provide all pets with a lifelong, loving home. We look forward to hearing from you soon. Sincerely, Barbara Fought Manager of Emergency Grants ha Tough nfipetsmarcharitirs.nrg 1-800-738-1385 Extension 42840 Enclosure 19601 North 27th Avenue • Phoenix. Arizona 85027 Tel: 800.423.PETS • Fax: 623.580.6561 Conteautons are tax denticulate to the extent allowed by law. EIN4 93- 1140967 —123— ETSRT CL,ri MA to �' S GRANT FOLLOW -UP REPORT Please submit ALL of the following information upon completion of the funded project, or by eighteen months from the date of the grant contract. We look forward to a candid report on the outcome of your project. Today's Date: _ Date Grant Funding Was Received: _ Name of Your Organization: Address: City, State, Zip: _ Contact: Phone #: _ E -mail: _ Grant Purpose: _ Number of Animals .Assisted by This Grant Project Amount Received from PetSmart Charities' Grant: S_ Amount Spent from grant: $_ • Attarjl detailed documentation of how the funds were expended. Include a line item for each separate kind of expense. Include copies of receipts for any single items costing more than 5500. For example: 51.150.00.16r 92 tat neuter srrrkenes at 812.50 each .82.592.00.* 144 _nt ,pa:. ,rrrgenei at 818.00 each 83,-122.50 .or 74 dqg ,par stn ^yetiei at 846.25 e xh S I,394.001or41 rig ety surgeries at S34,00 each 81.820.00 ; or iG dog stutter sen3erey at 832.50 each 81,858.50 /or 63 dog neuterituzeties at 829.50 rash 81.415.00 fin- 283 direr year rabies vaccinations at 85.00 eat 4 8225.00 fel. 5 tat tnzp at 845 each 82.439.22 thr trcondltio :e l airlock* (reee4a atty ve ii 815,315.-2 total • I f all funds were not expended, explain proposed usage of unused amount and the time frame to be fully expended. (Note: You will need to receive written permission from PetSmart Charities to proceed : ::: • if sterilization surgeries were part of your grant proiec{: How many kittens, cats, puppies, dogs, and / or other animals were sterilized How does that compare to your original goal? Explain any differences between your goal and outcome._ • How- do sou measure sour level of success with this project? _ What did you learn from this project? -124- • Include any adoption. euthanasia, or other data generated or affected by this project (i.e. adoptions increased, euthanasia decreased, animals returned or relinquished to you decreased, signs that animal stress decreased, etc.). If that data isn't available until later, please share it with us at that time. • List any other major accomplishments that were directly related to this grant, including resulting publicity. • Ilow did you promote or advertise the program? _ \ \'hat was the response? • Discuss any changes to the original plan or problems that occurred during the project. • If the program is to be continued. how will funding he secured? • What were the major benefits of this funded program to the community? _ • Is there a special story related to this grant that you could share with us • If this project included low- income spay /newt for the public: How did you determine pour clients' qualifications as "low- income "? • Do you have any words of advice for anyone interested in replicating this project? Do you have procedures, protocols, or other practical tools that could be used by another organization to replicate this project? _ \ \1mt kind of qualifications do You think a ;,croup should have before trying to replicate this project:? _ • If this was a Curious Cat project ?replicating a successful project created by another organization`-: Did the menroring process go smoothly?_ Are there any tips you recommend to another group interested in replicating this project? • If this was a collaborative project: Did the collaboration go smoothly ?_ \hhar did you lean about collaboration (pro or cony; Were there any benefits to your community due to collaborating with other organizations that could not have occurred if he project bad been handled by a single group? _ We would appreciate any photographs you can provide of this project in action. Please snail this form and the completed report to PetSmart Charities, Attn: Grants Follow -Up Reports 19601 North 27d. Avenue, Phoenix, AZ 85027 -125- CLx iiSMART r,hi es. GRANT CONTRACT AGREEMENT THIS GRANT AGREEMENT (the "Agreement ") is effective this 1st day of August 2008, by and between PetSmart Charities, Inc. a 501(c)(3) company, whose place of business and address is 19601 N. 27'" Avenue, Phoenix, AZ 85027 ( "PetSmart Charities "), and, City of Corpus Christi (Animal Care Services) ( "Organization') whose address is P.O. Box 9277, Corpus Christi, TX 78469. Upon a fully executed version of this Agreement, PetSmart Charities shall award the Organization a grant in the amount of $9,975.00 ( "Grant Funds "). The Grant Funds shall be used solely for as follows: 59,375 for spat 'neuter surgeries and vaccinations at an average cost of $37.50 for an approximate total of two hundred and fifty (250) free - roaming cats; and $600 to purchase ten (10) humane cat traps (the "Grant "). This Grant is subject to the following conditions: 1. The Organization will use the Grant Funds only for the purposes sununarized above. In the event that the Organization cannot use the Grant Funds for the purposes described within 12 months the Organization must notify: PetSmart Charities immediately. The Organization will use the Grant Funds only for charitable purposes. If PetSmart Charities determines at an- time that any of the Grant Funds have been used for any purpose other than those summarized above; remain inappropriately unused by the Organization, relative to the expected time table; are not used in accordance with the terms and conditions of this Agreement; the Organization is involved in any investigation or engaged in any action that appears to be unprofessional, uncharitable, or inappropriate; or in PetSmart Charities' discretion, any such action or inaction that does not uphold the spirit of the grant, then PerSmart Charities may unilaterally change the terms of this grant and take such actions as PetSmart Chanties deems appropriate to ensure the proper use of the Grant Funds These actions may include, in the sole discretion of PetSmart Charities, the total revocation of the Grant and the immediate return of all Grant Funds. 2. PetSmart Charities makes the Grant on the condition that the Organization is and continues to be a city/county/state/tribal government entity. The Organization must notify PetSmart Charities immediately if: the Organization's tax- exempt status is withdrawn effective as of any date within two years of the date of this Agreement, or (b) if the Organization ceases operations effective as of any date within two years of the date of this Agreement. If the Organization's tax status changes, PetSmart Charities may change the terms of the Grant, including revoking the Grant and requiring a full refund of the Grant Funds to PetSmart Charities. 3. No parr of the Grant Funds shall be used for lobbying or political activities. Page 1 of 3 -126- 4. By 18 months from the date of this Agreement, the Organization will provide to PetSmart Charities a narrative written response to the enclosed evaluation questions on the Grant Follow -up Report and provide sufficient supporting backup and financial documentation detailing the use of the Grant Funds. Additional grant funds will not be awarded until all requirements of this paragraph have been met as defined above. 5. PetSmart Charities may release information concerning the Grant in such ways ash deems appropriate. If the Organization is interested in publicizing the Grant and its efforts in helping homeless pets in the local media, please contact the PetSmart Charities' Communication :Manager at: (623) 587-2872. All media materials (e.v. press releases, annual reports, newsletters, invitations, etc.) mentioning PetSmart Charities must be reviewed and pre - approved by PetSmart Charities. Failure to comply herewith will result in PetSmart Charities' immediate right to seek reimbursement from the Organization for the full amount of the Grant. The Organization shall obtain the prior written consent from PetSmart Charities prior to granting any entire or individual with any publicity or sponsorship rights in connection with this Grant. Should the Organization wish to use the PerSmart Charities' name for any type of recognition, including donor walls or any other permanent futures, it may not do so without PetSmart Charities' written consent and provided that it uses PetSmart Charities' official logo and is done so in a favorable light for PetSmart Charities. The Organization hereby authorizes PetSmart Charities to use the Organization's name, logo, and photographs or other representation of the Organization's facilities and activities in irs annual report and other PetSmart Charities' nubucatons. I'hc Organization. waives any rights to inspect or approve of such annual report or other such publications. The Organization agrees to obtain for PetSrnart Charities the written release of any individuals (for themselves and /or their pets) in such photographs in an appropriate form provided by PetSmart Charities. 6. PetSmart Charities may request at any time that the Organization produce a written report, in a form reasonably satisfactory to PetSmart Charities, detailing the Grant Funds expenditure and progress of the programs to date. The Organization will submit the written report to PetSmart Charities no later than five (5) days after the date of PerSmart Charities' written request. Additionally, upon written notice and during normal business hours, PetSmart Charities may audit the records of the Organization as they pertain to the Grant, Grant Funds or terms and conditions of this Agreement. The Organization will permit the audit no later than five (5) days after the date of PetSmart Charities-' notice. If the report or audit reveals that: (i) the Grant Funds have not been used for the Grant, (i) the Grant Funds remain inappropriately unused by the Organization, relative to the expected time table or (iii) the Grant Funds are not used in accordance with the terms and conditions of this agreement, then PetSmart Charities may, at its sole option, unilaterally change the terms of the Grant and the Organization may be required to immediately return to PetSmart Charities all Grant Funds. Page 2 of 3 -127- Please indicate, as an authorized representative of the Organization, the Organization's agreement with the conditions of the Grant by signing the bottom of this Agreement and returning it to PetSmart Charities within 45 days of the date of this Agreement, by facsimile, U.S. Mail or hand deliver. Upon PetSmart Charities' receipt of this original signed _Agreement and PetSmart Charities' acceptance by signature of this Agreement, a check will be issued to the Organization as well as a copy of this fully executed Agreement. This Agreement will be null and void if not executed and returned to PetSmart Charities after 45 days from the date of this Agreement. WE HAVE REVIEWED AND AGREE TO THE ABOVE TERMS AND CONDITIONS: (Signature) (Print Name) Title (Officer in Cite of Corpus Christi (Animal Care Services)) Date PetSmart Charities Dare Please make a copy of this document for your records and mail this signed original to: PetSmart Charities Attn: GRANTS 19601 North 27th Avenue Phoenix, AZ 85027 Page 3 of 3 -128- AN ORDINANCE APPROPRIATING A GRANT OF $9,975 FROM PETSMART CHARITIES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE A TRAP /ALTER/RELEASE PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A grant of $9,975 from Petsmart Charities is appropriated in the No. 1066 Health Grants Fund to provide a trap /alter /release program for feral cats. 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: September 8, 2008 . i &t1 (c AdA g/l Elizabfh R. Hundley Assis !nt City Attorney for the City Attorney EHord244.doc Henry Garrett Mayor -129- 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 EHord244.doc —130— 1( AGENDA MEMORANDUM City Council Action Date: September 30, 2008 SUBJECT: Oso Water Reclamation Plant Headworks Odor Control System (Project No. 7402) AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with Holloman Corporation of Converse, Texas, in the amount of $728,522 for the Oso Water Reclamation Plant Headworks Odor Control System. ISSUE: The existing odor control system for the Oso Water Reclamation Plant bar screen and grit chamber area needs to be replaced. The proposed construction project includes demolition of the existing Lift Station No. 2 chemical scrubber system and replacing it with two new Passive Earth Biofilters complete with water feed line, drain lines, electrical blower fan, electrical controls and above - ground ducting with structural supports. The existing sludge pump building will also be demolished. These actions will improve the plant's odor control capabilities. FUNDING: Funding for this project will come from the Wastewater Capital Improvement Budget FY 2008. RECOMMENDATION: Staff recommends approval of the motion as presented. - g/f /ate Foster Cro 'ell Kevin R. Stowers Director of astewater Services Interim Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map H:WOME\Ra helle \GEMWastewater\7402- Headworks Odor Control\Constntdi2VO3c3M_!mo.doc AGENDA BACKGROUND INFORMATION SUBJECT: Oso Water Reclamation Plant Headworks Odor Control System (Project No. 7402) PROJECT DESCRIPTION: The project consists of the installation of two new Passive Earth Biofilters complete with all appurtenances, concrete structures, slabs and sidewalks, underground air duct, drainage and yard piping and electrical wiring and controls. The project also requires demolition of the existing chemical scrubbers and the sludge pump building along with all piping, concrete slabs and electrical wiring as shown on the plans and called for in the specifications and contract documents. BID INFORMATION: The City received proposals from four bidders on September 3, 2008 (see Exhibit "B" Bid Tabulation). The estimated construction cost is $764,650. The bids range from $728,522 to $961,494. According to Item A -5 of the Special Provisions Specifications for this project, all contractors submitting proposals were required to submit information and documentation required by Items A -28, A -29 and A -30 of the Special Provisions. Those required documents allow the City Engineer to determine that the bidder is able to perform his obligations under the proposed contract. They include whether any liens have been filed against the bidder or there are any outstanding unpaid claims. The bidder must also provide documentation concerning his field administration staff, a list of major components of the work, and other items. Holloman Corporation, the low bidder, did not submit Items A -28, A -29 and A -30 with their proposal at the time of the bid opening. Holloman has subsequently submitted the required information. According to the City Attorney's Office, this constitutes an irregular bid by Holloman Corporation. In addition, their bid proposal indicated a total base bid of $678,522. However, their actual total base bid was $728,522 due to 'a mathematical error by the contractor of $50,000. Their proposed bid is still lower than the next lowest bid of $801,130. The City Council has the right to waive any irregular bids. Since Holloman Corporation has previously successfully completed projects for the City of Corpus Christi, City staff and the consultant (B. Harman Engineering) are requesting that the Council waive the irregularities and award the construction contract to Holloman Corporation of Converse, Texas, in the amount of $728,522 for the Oso Water Reclamation Plant Headworks Odor Control System. CONTRACT TERMS: The contract specifies that the project will be completed in 210 calendar days, with completion anticipated in July 2009. EXHIBIT "A" Page 1 of 2 H: IHOMEERachelle \GEN\Wastewaten7402- Headeorks Odor ControllConsVucUo tsir Background doe PRIOR COUNCIL ACTION: 1. December 18. 2007 — Ordinance approving the FY 2008 Capital Budget and Capital Improvement Planning Guide in the amount of $127,275,900. (Ordinance No. 027546) PRIOR ADMINISTRATIVE ACTION: 1. April 29, 2008 — Administrative approval of a Small Contract for Architect/Engineer Consultant Services with B. Harman Engineering, LLC in the amount of $44,395 for the Oso Water Reclamation Plant Headworks Odor Control System. H:WGMEWechelle\GEMWe & axeted7402- HeaMmrka Odor ControhConatruciiolOr3r3 Backgrouno.00c EXHIBIT "K' Page 2 of 2 11 1 tt 1 W 1 >! dai Pg Adi i 00000 ses 8 5 8 5 8 15 i 8$ g , ; $ 4 » $25,000.00 I g 4 tg 8gsgg li$g3$ »Vag r• $ !an 888$8.8 g1xti»G a 8 a i 0 I 8 l$ §g 8 § x 8 Ig.g A1» 8 ¢ 8Q$Q 5155,000.00 525.000.00 8 »'"gg 88888 Bag :g s» 8 I» 88888 as ggg » »g g 5- dIR$f-;g ii lb • 8 g 8 a 8888 » g! §. Rf3§..15.:»1» g 488888888888.8 ag.1.§.4g1y$,TWA$w a a M M M~ $5,000.00 8 4 FF g N§ ia[ 1 O 1 $ r O ^ O E $24.000.00 eS O M 1»- O¢ 8 y4 M yg M 1 4p 8 O g O M q! M N O M ,Op M 1 II �n � i ` t g. 8 a $14,100.00 I g M 8 N sorooflos g A 00.000.sIs oo-oosbsls 8 M 88888 M M N N M 8 H 88888 M g g M M 8 N 8 FO S Of A p o N g ~ tzg 5^~ S fS m s es 8 ! O M M g O N G 0 S 1 g 8 A O c 1 g g x S m a S$ O N N M py `: N 4 da�yy M 55.000.00 gi! ilia 8 i$ » 8 4 » 8 .0. A 8 i» 8 8 4 » $ 8 454gg»gRRi$8gg N » 8 x 88888 »G Tg 5 » 38888 Lt » -»:. 8 d 8 4 s 8 1G 8 5 848 5» 888 figgaggaxa m 8 88 88 "s 8888 8s $5.000.00 N `kp n4 g J J b 5 9 5 J J J 561%6 5 51555 1a means e+p0apooH 9irJo aoEsaele0 aalnoaea 11 X11 r wS Oils sails complete Wet smogs I BIONIC Mir Pant! EMIh Bloater Svotem cons.* Site pip loo for Bier W& * 1 iI;j] llutHI l II b 4 Feel diameter Concoffs Manhole I5 Feel Omer Commie Manhole D du a i (Trench Safety for BIoSbr Excava0ons 3�I! Ilia TOTAL BASE BD g _fit 1 .- n n. m m r. m o ° r- 44 12 S 2 m imm R n —136— IEXHIBIT "B" I Pape 1 of 1 OSO WATER RECLAMATION PLANT HEADWORKS ODOR CONTROL SYSTEM (Project No. 7402) PROJECT BUDGET September 30, 2008 FUNDS AVAILABLE: ESTIMATED BUDGET Wastewater CIP Fund 1 $ 906,050.96 FUNDS REQUIRED: Construction Cost (Holloman Corporation) $ 728,522.00 Construction Contingencies 72,852.20 NE Consultants (B. Harman Engineering, LLC) 44,395.00 Construction Inspection 29,140.88 Engineering Reimbursements 21,855.66 Finance Reimbursements 7,285.22 Incidental Expenses (Printing, Advertising, etc.) 2,000.00 Total $ 906,050.96 —137— EXHIBIT "C" Page 1 of 1 \ Mproject \ councilexhibits \exh7402. dwg Oso Water Reclamation Plant Headworks Odor Control System 1 88 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE 09/11/2008 MIS NM MS INS MS MO 11 CITY COUNCIL AGENDA MEMORANDUM September 30, 2008 AGENDA ITEM: Ordinance abandoning and vacating a 321.35- square foot portion of a 5- foot wide utility easement out of South End Addition, Block 6, Lot 3A, adjacent to South Staples Street, approximately 131 -feet south of the Park Avenue right -of -way; requiring the owner, Lloyd W. Holmes, to comply with the specified conditions; and declaring an emergency. ISSUE: The closure of the utility easement is necessary to accommodate for the future construction of a permanent structure over the easement and allow for the development of the property. REQUIRED COUNCIL ACTION: City Charter, Article IX. Section 4, requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Upon approval by Council and publication of the ordinance, all grants of easement closures must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the building permit approval of construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Deputy Director of Development Services. These requirements are in compliance with Ordinance No. 025816, approved 7- 13 -04. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. rpr? Bob Nix, AI ACM of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map —141— AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: Lloyd W. Holmes ( "Owner"), are requesting the abandoning and vacating of a 321.35 - square foot portion of a 5 -foot wide utility easement out of South End Addition, Block 6, Lot 3A, located adjacent to South Staples Street, approximately 131 -feet south of the Park Avenue public right -of -way, in order to allow for the future construction of a building within the area occupied by the easement. The easement to be abandoned and vacated is located in a'B -5" Primary Business zoned area. All public and franchised utilities were contacted. According to records research and utility responses, there are no existing utilities within this 5 -foot wide easement. None of the City departments or franchised utility companies had any objections with abandoning this portion of utility easement. Staff recommends payment of the fair market value of $565.00 for the abandonment and vacation of the 321.35- square foot portion of the 5 -foot wide utility easement. The Owner has been advised of and concurs with the conditions of the easement abandonment and vacation. EXHIBIT A —142— Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 321.35- SQUARE FOOT PORTION OF A 5 -FOOT WIDE UTILITY EASEMENT OUT OF THE SOUTH END ADDITION, BLOCK 6, LOT 3A, ADJACENT TO SOUTH STAPLES STREET, APPROXIMATELY 131 -FEET SOUTH OF THE PARK AVENUE RIGHT -OF -WAY; REQUIRING THE OWNER, LLOYD W. HOLMES, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, Lloyd W. Holmes (Owner) is requesting the abandonment and vacating of a 321.35- square foot portion of a 5 -foot wide utility easement out of the South End Addition, Block 6, Lot 3A, adjacent to South Staples Street, which is located approximately 131 -feet south of the Park Avenue right -of -way, in order to allow for the future construction of a building structure over the easement and the development of the property. The easement to be abandoned and vacated is located in a "B -5" Primary Business District; 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 utility easement, 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 321.35- square foot portion of a 5 -foot wide utility easement out of the South End Addition, Block 6, Lot 3A, approximately 131 -feet south of the Park Avenue right -of -way, as recorded in Volume 35, Page 121 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1) Owner must pay the fair market value of $565.00 within 30 days of the adoption of this easement closure ordinance, on a one -time payment basis, for the abandonment and vacation of the total 321.35- square foot portion of the 5 -foot wide utility easement. 2) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval and prior to occupancy of the accessory structure. 3) Upon approval by Council and issuance of the ordinance, all grants of easement 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 H: \LEG- DIR\Shared\Jay Agenda\2008\9- 23 \ORD- abandon- vaep*P9ilEasement- RSSmithAssoc- SouthEndAddn.doc Page 2 of 3 survey, abstracted for all easements and items of record, must be submitted to the Deputy Director of Development Services. SECTION 3. 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 23rd day of September, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett Mayor, City of Corpus Christi City Secretary APPROVED: September 18, 2008. R. ,lay,Reinin First Assistarft City Attorney For City Attorney H:LLEG -DI R\Shareduay \genda1200819- 23 \ORD- abandon. u444ltiiEasement- RSSmdhAssocSouthEndAddn.doc 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- DIR \SharedUay\Agenda \2008 \9- 23 \ORD- abandon -ve 0ilEasement- RSSmithAssocSouthEndAddn.doc 03 tNi Cal cn 4 0 x , 0 / co co ID e 0 , 2 0 )b m »+ 900Z --S .— Proposed Utility Easement Closure EASEMENT LOCATION Utility Easement —147— LOCATION MAP I W C E %IS71NG 5' UTILITY EASEMENT I ,t 1 • 7; •- I TO BE CLOSED BY ORDINANCE MKT COMM WAR MST ,Y oxen wan Cm) (7x1.5 square loop • 1 I S �� 4 J V. 1: r 1! f �''l I 1 I ,I f I� . ' 1! IE' aunt 41afOC.._ \ __ 1 1 I J - _ e ISMER OxM (TM) i :. . 3 �� `1� ` Ise ctw) i I q 1 j •.. ) 11 • , N� k • ` r L91EC Ra1E p ' • 1 I I. 1 kA, '`c.: \ Da DEW ti: .. I'1 I I METE MO mg Mum ce a 14.n) t D t • 'v :�'•, ran [ ERNNE'AL oRUEmI , j I' I , c 1:x40' F �`N, t `'.^ik+' .. _ I I. II i o mr : pAEr oaMER:OMER. Dr.) i' p I . Hit 1, PAO aM1M PE ormx A _ _ \ s 1 P1 1 i at fit • M.AO (SEE EE1W �: -• SIm0E 51IMrY —, !' -l•. .. way OOIM m PAS IMP (ME EOM) �', AEWaK aWP . 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'r. 4' TIME 1WA II .r i meE (MU r AE . . _ 1 ' on # { ,• 1 ti � I I ... 1 OtELWRN II Rmr1 (111.) �...'..... ...,, SWUM MAY © 1 N.; • ShR: �i�1lc...a.sllIa RNME lMr.ICN■ MAMA) ML I< a e� stE ERW EXHIBIT C 5�u. J -'711 I / -... 1 12 1 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55 REGARDING RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING REGARDING PROGRAM DELIVERY DEADLINE TIME; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Article XVIII of Chapter 55 of the Code of Ordinances is amended by revising Exhibit A, Rules and Procedures for Public Access Cablecasting, Section 6, Violations of rules, subsection b, Forfeit of Use of Public Access Channels, to read as follows: "b. Forfeit of Use of Public Access Channels Lottery periods begin the first Sunday in June and in December. At the lottery, PAUGs will establish a designated location for producers to deliver weekly and monthly media. Media for the first program in a lottery period must be delivered to the designated location before 11:30 a.m. on Wcdnccdayr; before 10:00 a.m. on the Wednesday before the first Sunday in the new lottery period. Following the first media delivery of the lottery period, cut -off time for delivery of media for weekly programs is 11:30 a.m. 10:00 a.m. on Wednesdays each week. Cut -off time for delivery of media for monthly programs is 11:30 a.m. 10:00 a.m. on the Wednesdays before the first Sunday of each month." 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 upon final passage. HALEG- DIR \Lisa\2008 ORDINANCES \PublicAccessRls1September 30 2008.DOC That the foregoing ordin was rea fort a fir t time and passed to its second reading on this the - ay of , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly YMI 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 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 City Secretary APPROVED as to form: September 17, 2008 By: Lisa Aguilar L) Assistant City Attorney For City Attorney —152— Henry Garrett Mayor CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 23, 2008 AGENDA ITEM: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55 REGARDING RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING, REGARDING PROGRAM DELIVERY DEADLINE TIME; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION. ISSUE: Public access producers are required to drop off their programs at the place designated by the public access user group (PAUG) by certain day and time. Then each PAUG is responsible to gather the programs and deliver them to the cable operator facility by certain date and time. Recently, the City Council approved an ordinance to change public access channel program delivery deadline from Friday to Wednesday. The ordinance needs to be amended to clarify that the deadline time for producers to drop off the programs at the designated PAUG location is 10:00 am., Wednesday, and not 11:30 a.m., Wednesday. The deadline for PAUG delivery of the tapes to the cable operator facility remains 11:30 a.m., Wednesday. The Cable Communication Commission approved this request at their meeting on Monday, September 15, 2008. REQUIRED COUNCIL ACTION: Passage of the ordinance. PREVIOUS COUNCIL ACTION: On June 24, 2008, the City Council approved Ordinance No. 027743 regarding a change in program delivery deadlines. FUNDING: The ordinance amendment requires no expenditure of funds. CONCLUSION����AND RECOMMENDATION: Approval of the ordinance as presented. Kim Womack Director of Public Information 4191/4-2 Annie Leal Interim Director, E- Govemment Services -153- 13 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: September 30, 2008) Case No. 0708 -04, Patrick H. Nolan & Amy L. Nolan, d/b /a The Storage Place: A change of zoning from a "R-113" One - family Dwelling District to a "B-4" General Business District resulting in a change of land use from residential to commercial on property described as 2.64 acres out of Wilde Subdivision, Block 1, Lot 1, located on the west side of South Staples Street and approximately 1,000 feet south of Timbergate Drive. Planning Commission & Staff's Recommendation (July 23, 2008): Denial of the 13-4" General Business District and, in -lieu- thereof, approval of a Special Permit for mini - storage use without outdoor storage on the subject property, and subject to a site plan and the following six (6) conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "R-113" One - Family Dwelling District is a mini - storage use on the subject property and no hazardous materials are permitted within the mini - storage facility. 2. Hours of Operation: The operation of the mini - storage use shall be limited to the hours between 8:00 a.m. and 10:00 p.m. 3. Screening: A standard screening fence with a minimum height of eight (8) feet shall be located along the north, south and west sides of this Special Permit. The finished side of fence shall face residential uses. The screening fence must exist within one (1) year of the date of this ordinance. 4. Orientation of Doors: Rollup or retractable doors shall not face any adjacent residential uses. 5. Lighting: All security lighting must be directional and shielded, be directed away from adjacent residences, and light poles must be no higher than 15 feet. Cutoff shields are required for all lighting. No more than one foot candle of lighting is permitted to project beyond the property line adjacent to the residential development. The building height to be no greater than 14 feet. 6. 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. Requested Council Action: Approval of Planning Commission's and Staffs Recommendation. Staffs Summary: • Request: The applicant is requesting a zoning change from a "R -1B" One - Family Dwelling District to a `B-4" General Business District to allow for the expansion of a mini - storage storage facility. The proposed use is located on 2.64 acres out of Wilde Subdivision, Block 1 Lot I, located approximately 500 feet west of South Staples Street 1,000 feet south of Timbergate Drive. • History: The subject property was zoned "R -1B" One - Family Dwelling District when it was annexed in the mid- 1980's. The original portion of the existing mini - storage facility which fronts on South Staples Street was developed during the early 1980's when it was still outside the city limits. Expansions to the mini - storage were constructed in 1994 and 1999 through special permits. • Proposed Use: The applicant proposes expansion of the existing mini- storage facility located immediately to the east on approximately 3.815 acres of land fronting on South Staples Street. The site plan illustrates the existing mini - storage facility (Attachment 10) and the proposed facility is illustrated in Attachment 11. —157— Agenda Memorandum Case No. 0708 -04 (Patrick & Amy Nolan d/b /a The Storage Place) Page 2 • Zoning: The `B -4" General Business District is intended to accommodate a full range of commercial uses including retail, personal service uses and mini - storage facilities. 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. • Existing Land Uses: The subject property is currently vacant. The properties north, south and west of the subject property are zoned "R -1B" One - Family Dwelling District and are currently developed with low density residential uses. The property immediately to the east, fronting on South Staples Street is zoned "R- 1B /SP" One - Family Dwelling District with a Special Permit for mini - storage and is developed with a 3.815 acre mini - storage facility. • Flood Hazard Information: The subject tract is in flood zone "C ", an area of minimal flooding and outside the 100 year floodplain. • Utilities: The area is served by water and wastewater. An 8" wastewater line is located at the rear of the property. An 8" water line is located at the front of the adjacent property along South Staples Street. • Drainage: The proposed drainage of the property is required to provide drainage of the property without exceeding the runoff flows before development. In this particular case a detention pond is being proposed to accommodate storm water runoff. • Transportation/Traffic Impact Study: The subject property is located on South Staples Street approximately 1,000 feet south of Timbergate Drive. South Staples Street is designated as an "A2" Secondary Arterial in the Urban Transportation Plan. The A2 Secondary Arterial serves major through movements of traffic between important centers of activity, major traffic generators, and a substantial portion of trips entering and leaving the surrounding service area. Service to abutting land is subordinate to the function of moving high volumes of through traffic. Traffic speed is moderate and "on street" bicycle traffic is discouraged or 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 Staples Street is Level D. The Urban Transportation Plan plans average daily trips for an A2 Secondary Arterial Roadway at 26,500 average daily trips. The latest traffic count information for the abutting portion of South Staples Street was acquired in 2006 by the City's Traffic Engineering Department. The average daily trips counted in 2006 for South Staples Street was 21,092 a.d.t. The counts on South Staples Street are 80% of the design capacity of the existing roadway improvements of South Staples Street. Based on previous traffic counts obtained for South Staples Street in 2000, traffic has decreased on South Staples Street by 3 %. -158- Agenda Memorandum Case No. 0708-04 (Patrick & Amy Nolan d/b /a The Storage Place) Page 3 Notification: Of the sixty (60) notices mailed to the surrounding property owners zero (0) notices were returned in favor and zero (2) (0.82 %) were 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: 1) Zoning Report 2) Planning Commission Minutes (July 23, 2008) 3) Ordinance H:\PLN- DIR\SHARED\Beverly\2008 CCVul'08 \0708-04AGENDAMEMO.doc —159— PIM/Project Manager SrCP /CP Planning Director CITY COUNCIL ZONING REPORT Case No.: 0708 -04 City Council Hearing Date: September 30, 2008 Applicant & Legal Description Applicant: Patrick H. Nolan & Amy L. Nolan, d/b /a The Storage Place Owner: Patrick Nolan & Amy Nolan Representative: Court land Frankson Address: 6857 South Staples Street Legal Description/Location: 2.64 acres out of Wilde Subdivision, Block 1, Lot 1, located on the west side of South Staples Street and approximately 1,000 feet south of Timbergate Drive Zoning Request From: "R1 -B" One - family Dwelling District To: `B -4" General Business District Area: 2.64 acres Purpose of Request: To allow for expansion of a mini - storage facility. Existing Zoning and Land Uses Zoning Existing Land Use Future Land Use Site "R -1B" One - Family Dwelling District Vacant Low Density Residential North ""R1-B" One - Family Dwelling District Low Density Residential Low Density Residential South "R -1B" One - Family Dwelling District Vacant and Low Density Residential Low Density Residential East "R -1 B /SP" One - Family Dwelling District with Special Permit for mini - storage Mini- storage Commercial West "R-1B" One - Family Dwelling District Low Density Residential Low Density Residential ADP, Map & Violations Area Development Plan: Southside ADP; The comprehensive plan calls for low density residential use on the subject property. A change to commercial usage would be inconsistent with the Comprehensive Plan. However, staff can support expansion of the existing mini - storage facility located to the east on the subject property through a modification to the plan with a special permit. Map No.: 044033, 044032 Zoning Violations: None —160— Zoning Report Case No. 0708 -04 (Patrick Nolan Mini- Storage) Page 2 Staff's Summary: • Request: The applicant is requesting a zoning change from a "R -1B" One - Family Dwelling District to a `B -4" General Business District to allow a mini - storage storage facility. The proposed use is located on 2.64 acres out of Wilde Subdivision, Block 1 Lot 1, located approximately 500 feet west of South Staples Street 1,000 feet south of Timbergate Drive. • History: The subject property was zoned "R -1B" One - Family Dwelling District when it was annexed in the mid- 1980's. The original portion of the existing mini- storage facility which fronts on South Staples Street was developed during the early 1980's when it was still outside the city limits. Expansions to the mini- storage were constructed in 1994 and 1999 through special permits. • Proposed Use: The applicant proposes expansion of the existing mini- storage facility located immediately to the east on approximately 3.815 acres of land fronting on South Staples Street. The site plan illustrates the existing mini - storage facility (Attachment 10) and the proposed facility is illustrated in Attachment 11. • Zoning: The `B -4" General Business District is intended to accommodate a full range of commercial uses including retail, personal service uses and mini - storage facilities. 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. • Existing Land Uses: The subject property is currently vacant. The properties north, south and west of the subject property are zoned "R -18" One - Family Dwelling District and are currently developed with low density residential uses. The property immediately to the east, fronting on South Staples Street is zoned "R- 1B /SP" One - Family Dwelling District with a Special Permit for mini - storage and is developed with a 3.815 acre mini- storage facility. • Flood Hazard Information: The subject tract is in flood zone "C ", an area of minimal flooding and outside the 100 year floodplain. • Utilities: The area is served by water and wastewater. An 8" wastewater line is located at the rear of the property. An 8" water line is located at the front of the adjacent property along South Staples Street. • Drainage: The proposed drainage of the property is required to provide drainage of the property without exceeding the runoff flows before development. In this particular case a detention pond is being proposed to accommodate storm water runoff. -161- Zoning Report Case No. 0708 -04 (Patrick Nolan Mini - Storage) Page 3 • Transportation/Traffic Impact Study: o The subject property is located on South Staples Street approximately 1,000 feet south of Timbergate Drive. South Staples Street is designated as an "A2" Secondary Arterial in the Urban Transportation Plan. The A2 Secondary Arterial serves major through movements of traffic between important centers of activity, major traffic generators, and a substantial portion of trips entering and leaving the surrounding service area. Service to abutting land is subordinate to the function of moving high volumes of through traffic. Traffic speed is moderate and "on street" bicycle traffic is discouraged or 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 Staples Street is Level D. The Urban Transportation Plan plans average daily trips for an A2 Secondary Arterial Roadway at 26,500 average daily trips. The latest traffic count information for the abutting portion of South Staples Street was acquired in 2006 by the City's Traffic Engineering Department. The average daily trips counted in 2006 for South Staples Street was 21,092 a.d.t. The counts on South Staples Street are 80% of the design capacity of the existing roadway improvements of South Staples Street. Based on previous traffic counts obtained for South Staples Street in 2000, traffic has decreased on South Staples Street by 3 %. Street R.O.W. Street Type (Urban Transportation Plan) Paved Section *Volume South Staples Street A2 - Secondary Arterial 100' ROW, 54' BB 21,092 a.d.t. (south of Timbergate Dr.) (2006) *Source: City Traffic Engineering Division • Potential Nuisances: There are several potential nuisances of noise, lighting, and litter with the development of a mini - storage use adjacent to existing and future low density residential. Noise will be generated from the movement of vehicles within the site, opening and closing of mini - storage doors, and customers talking. These nuisances may be mitigated by limiting the hours of operation of the mini - storage facility to daytime and early evenings and requiring the standard screening fence or wall. -162- Zoning Report Case No. 0708 -04 (Patrick Nolan Mini - Storage) Page 4 • Security lighting for the mini - storage area is another potential nuisance when lighting is directed toward adjacent residential properties. Limiting the height of light poles in the mini - storage area, requiring lighting to be directed away from adjacent residential areas, and requiring cutoff shields to prevent light trespassing to adjacent residential properties. • Comprehensive Plan Consistency: The Comprehensive Plan indicates the future land use as low density residential. The subject property is located in the Southside 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 Southside 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. Southside 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 Southside 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 street, 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; b. Lighting from non - residential uses should be directed away from residential areas; and c. Hours of operation should be limited to be compatible with the adjacent residential neighborhoods. Comprehensive Plan - Policy Statements • Land Use Policy a.: ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLANS. -163- Zoning Report Case No. 0708 -04 (Patrick Nolan Mini - Storage) Page 5 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. Staff Comment: The Southside Area Development 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 mini - storage facility to the east on the subject property. • Residential Policy c.: COMMERCIAL USES ADJACENT TO EXISTING OR PROPOSED RESIDENTIAL AREAS SHOULD BE BUFFERED OR USE SENSITIVE IN DESIGN. Commercial development can be a great convenience adjacent to a residential neighborhood, providing goods, services, and employment. However, 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 `B -4" General Business District for the subject property would be inconsistent with the Southside Area Development Plan which indicates low density residential as the future land use However, staff can support expansion of the existing mini - storage facility to the east on the subject property through a modification to the Plan with a special permit. • The proposed mini- storage use has potential nuisances which may be mitigated by limiting the hours of operation; prohibiting any rollup or retractable doors from facing any adjacent residential use; and by limiting the height of light poles in the mini - storage area, requiring all lighting to be directed away from adjacent residential areas, and requiring cutoff shields to prevent light trespassing to adjacent residential properties. —164— Zoning Report Case No. 0708 -04 (Patrick Nolan Mini - Storage) Page 6 Planning Commission's and Staffs Recommendation: Denial of the "B-4" General Business District and, in- lieu - thereof, approval of a Special Permit for mini- storage use without outdoor storage on the subject property, and subject to a site plan and the following six (6) conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "R -1B" One - Family Dwelling District is a mini- storage use on the subject property and no hazardous materials are permitted within the mini- storage facility. 2. Hours of Operation: The operation of the mini- storage use shall be limited to the hours between 8:00 a.m. and 10:00 p.m. 3. Screening: A standard screening fence with a minimum height of eight (8) feet shall be located along the north, south and west sides of this Special Permit. The finished side of fence shall face residential uses. The screening fence must exist within one (1) year of the date of this ordinance. 4. Orientation of Doors: Rollup or retractable doors shall not face any adjacent residential uses. 5. Lighting: All security lighting must be directional and shielded, be directed away from adjacent residences, and light poles must be no higher than 15 feet. Cutoff shields are required for all lighting. No more than one foot candle of lighting is permitted to project beyond the property line adjacent to the residential development. The building height to be no greater than 14 feet. 6. 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. O Zei E t E; g Number of Notices Mailed — 51 within 200 foot notification area; 9 outside notification area. Favor — 0 (inside notification area); 0 (outside notification area) *Opposition — 2 (0.82 %) (inside notification area); 0 (outside notification area) (As of September 9, 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. Ownership List 9. City Charter — Article V- Planning -165- Zoning Report Case No. 0708 -04 (Patrick Nolan Mini- Storage) Page 7 10. Site Plan — Existing Development 11. Site Plan — Proposed Development 12. Zoning District Uses H:\PLN- DIR\SHARED\Beverly\2008 P02008 Zoning Report \July \CC\0708 -04 The Storage Place - edited.doc -166- CASE # 0708 -04 1. NEIGHBORHOOD - 2006 AERIAL Subject Property Refer to Map 2 for Neighborhood Existing Land Use. Also available at www.cctexas.com (LOCATION MAP SUBJECT ' / -PROPERTY/ I City of Corpus Christi CASE # 0708 -04 2. NEIGHBORHOOD - EXISTING LAND USE m Estate Residential - ER Low Density Res. - LDR 1 HL - Med Density Res. - MDR I I'w I [HD-R. High Density Res. - HDR n Mobile Home -MH r^'- I'ACI Vacant - VAC ^P 1 PC I Professional Office - PO Commercial - COM 1 Cr Light Industrial - LI Heavy Industrial - HI Public Semi - Public - ASP Park Drainage Corridor - DC Dredge Placement - DP Water Conservation /Preservation - CP • / - - - / <R. 'SUBJECT i -PROPERTY/ .? T / 'LOCATION MAP ! City of Corpus Christi CASE # 0708 -04 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 wACI Vacant - VAC Pc 1 Professional Office - PO Commercial - COM Light Industrial - LI 1 HL 1 Heavy Industrial -HI 1 PSPI Public Semi-Public - ASP n Park ^(: 1 Drainage Corridor - DC ^P Dredge Placement -DP 1-1 Water Conservation /Preservation - CP 1crI 'LOCATION MAP • I is / - - - / <R. 'SUBJECT 'PROPERTY/ City of Corpus Christi MDR PARK LDR LDR MDR CDR • • LDR, j r\ CDR LDR ^-Tr- t i PAR LDR • $ h..4 .. .LDR `k ./L"DR LDR. • ••.: LUR . - LDR PSPES " LDR ' �•a : - J _ IC 'G_i� .. t�<} i ;-'1-14 o '_ 1._1 Ly11iri 1'- j LDR LDR • ( ( : Lop .. CDR • L-DR • LUR LDR nC PFRI(yfj DR 1 ' PARK LDR LDR LDR LDR CDR. LDR 4(.<.`. /` \ SfCTT --- 1-Z..f �P-'>: 4--2..., !Pr(' - MDR cCOM- cCOM- COM PSPCH COM MDR COM MDR CON 'CCM LDR SUBJECT PROPERTY- COM' r MDR 1DR~ N.,.° 0 CONE :; `OM CONI MDR CONK. CQRI MDR COM ' COM CON1 GOM PO LDR LDR. • 1 00 - LDR .:LDR' CASE # 0708 -04 3. NEIGHBORHOOD - FUTURE LAND USE ncl Agricultural /Rural - AR I TOP Tourist - TOR Estate Residential - ER I PEP Research/Business Park - RBP f 1 Low Density Res. - LDR L' Light Industrial - LI - Med Density Res. - MDR 1 HL Heavy Industrial - Hl I HDP, High Density Res. - HDR 1P•P Public Semi- Public - ASP Mobile Home - MH I Park ivAcl Vacant - VAC I no Drainage Corridor -DC Professional Office - PO DP Dredge Placement - DP • I Commercial - COM 1 Water 1 cr Conservation /Preservation - CP m Transportation Plan Arterials Collectors • Expressways =___: Parkway ++i+1- Railroad LDR PSP MDR MDR LDR; :4: A' chm CON COM at- 0 Om 'n LDP CO MDR ■ LOR'. LDF 'LOCATION MAP %_-�. / <R. r SUBJECT i -PROPERTY/ .? And City of Corpus Christi ' \> -- . / ' CDR ' �'- /� / / ar / • � \P A LDR / P / MDR 43a / v LDR ; r\ / V - SUBJECT ... PROPERTY.. •// • j f `'- �PSPCT / Feet 1 PSPCH r � / . j �l� d•0 -'i LDR qOS \ \ so^ COM COM MDR CASE # 0708 -04 3. NEIGHBORHOOD - FUTURE LAND USE AR Agricultural/Rural - AR ITOR m Estate Residential - ER I POP l Low Density Res. - LDR LI - Med Density Res. - MDR 1 ht HDP High Density Res. - HDR PSP Mobile Home -MH VACI Vacant - VAC I no Professional Office - PO 1 Commercial - COM 1 acv DP Transportation Plan i9 Propa Arterials •• Collectors • Expressways =___: Parkway ++i+1- Railroad Tourist - TOR Research/Business Park - RBP Light Industrial - LI Heavy Industrial - HI Public Semi - Public - ASP Park Drainage Corridor - DC Dredge Placement- DP Water Conservation /Preservation - CP / '�� .. -r % • ' . \ ` \- t SUBJECT f \ �` 7RROPERTY/ / (LOCATION MAP And City of Corpus Christi CASE # 0708 -04 4. SITE- 2006 AERIAL Subject Property Refer to Map 2 for Neighborhood Existing Land Use. Also available at wwvs cctexascom / / / ■ . / -. SUBJECT 1 1 I /PROPERTY/ J 1\ / (LOCATION MAP City of Corpus Christi CROSSGATE A uS... GAT, 19 20 R- 1B/SP194 -15 Prepared by: M88 elopmenr Services CASE # 0708 -04 5. SUBJECT CASE Pp r! + 887988637 4-1A ppmtment nou.e (logy, A-2 Ap81lment COUS60IS'flet as Proktaional OPoC866 1? 47 Aprrmeot -70Utlx 01176 -7 qi Neighbor ivrotl Business Olabrtt 6- 14 Nsrgoberrr6 &wineso.11shict 62 Bancrit 6.1717177 01=88: 8-24 8866711884613Vre82 ate.? 86766.12 gsll'kt 6, ,7687 m,ranir7N 5J 'MTh," 8u■ess 277707 60 8-6 m2 BUrn e &2 cam'a42727 Beeav Oespo 687! FF 1n 1787 - 087987 Fai n� 688ek8117) Lerdmack FnreNaPOo mvletllnu ai 6-7Qm Lehi lnduVria19i.bict w 7717778758 73818l r: Fanned L"f L¢.e1Nme': PL_ 6-16 One FaMly e6ntf OlrvYc! 6-18 One Family08 av1687 0■tlll2: One Family 61g 0y' ink .62 08863Dy 01/4,68 011 iv1 686 ennA1 .Sree 0 686? ti AeMOioose 18887?g 028 7.77 Tp808NU1e718887 *y o:ch,cr S SF. frailer 16 tr Hor e 6381 T -18 Manaaoure2 Home FE868887 TIC 0enl:la0N1EG Home 511Edryyaion OlsYkr CROSSGATE A t$s. 4471 .. 19 20 R -1B /S ;'/94 -15 /SP/ R -2 ERL8NG CORNE B -1 7 200 400 Prepared By: MBB elopmenr Services CASE # 0708 -04 6. SITE - EXIS NOTICE AREA 8-1 Apnrtmem House D'sroc, 4-18 AF ✓DDI npase Ols ocr A2 81a88em -cure 0142,61 AB ona1 OM, DA£T11 AT Aps 3201T i IJI[ol r 4-1 N& t2hood1USlness DUWie1 3 I iV8Cgir120.4088 885)26150,82,02 B2 98618222 3888685 08881 4-28 Sri, Wand BUdne3'=066kt 8-3 3,333,333 D3irX) B_6 9 -6 0-4 BT nr • e(9m Pdinary9usiness r ▪ .'S' 9356 res3 Coe 051651 O -rte, C8IsO8 6'I Non 0.br ▪ ml DU kt • reef caft.ral LanamarA P (esera ran TING ZONING, & OWNERSHIP J8rited)ndus338)08blcr 3:488 fndusbre D.:88 f3 Mae,11lndfs58l 013188 PLO Planned 808Deveiopmen8 • 0 82 28,rfly 0 epto ash. rc14 One 46884 71)2280CCmct 188 2-30 3388emfly Thg ashct 48 • One Fa Py Dwsr Olo District FH OneFZm8y Oweeh0 318 RE 3evlde>333 03 4;q 0138 T4 al 33338333 0133338 SP Special Permit 7-1A it Vet Hore 486, 7-1S N -..R' cl ed home Psry 015 638 Svbject F30,06314 200' buffer 0,1,61 rsr 0) es on V Owner:. -. 0,3,8" 18012 J1 ppasllpn LOCATION MAPHHT, City of Corpus Christi / 14 `24 2 / 4 5 / /4 SSGATE A / Y7 1S ? 1 R $115+G/ATE i\ Ci,pF / *i / %'�C! 211 i 2 25/26// B /SP/94-15 (20 1 RJ 8- -1 C ORN E 7 R -2 20 / 94&zoos ///JJJ Prepared By .R SR 0e ment DevelopmentServttee CASE # 0708 -04 EXHIBIT A PLANNING COMMISSION and STAFF RECOMMENDATION From: "R -1B" To: "R- I B /SP" ORDINANCE: LOCATION MAP! -. / 14 `24. 2 / 4 5 / SSGATE A 8 / Y7 1S TV TTT ? 1 SAG 'AT E i \Ci,pF ! 21/j� / X 4 / 2 25/26// B /SP/94-15 (2® 1 RL1 -1 C ORN E 7 R -2 200 Feet &1G ^2008 ///JJJ Prepared By SRR 0e ment DevelopmentServltee CASE # 0708 -04 EXHIBIT B APPLICANT REQUEST From: "R -1B To: "8 -4" ORDINANCE: LOCATION MAP! -. lrintit/neN/ COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0708 -04 Name: Patrick H. Nolan & Amy L. Nolan d /b /a The Storage Place Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 60 1 I. Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: 2 (0.82 %) #26, 0.054 %, Norma V. Salinas, 6722 Oakgate — "Will lower property value, increase traffic into neighborhood, noise from business. We bought our house because we were in a one - family dwelling district." #17, 0.28 %, Ramey Beene, 6754 Heavens Gate — "Opposed to "B -4" zoning, but Special Permit for storage units is okay." II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. 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J0&$& fot'88k1'N88W>Y+'NT828N8NTMIom1 = m 'eNacN ' .m OmmemN+Oo • —184— City Charter - Article V ARTICLE V. PLANNING Sac. 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 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 dty coundl 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 dty 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 dty'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 -185- 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. S. 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 clty until a plat shall be approved and filed. -186- ii=le is Ed , • 20' PRIVATE D. E. tl,I Ib I In it? MATCH SHEET 2 144 15' U. E. 24' A. -E 20' U. E S Y. R. EXISTING BUILDING EXISTING BUILDING EXISTING BUILDING EXISTING BUILDING 8/171- .y/i/t /V EXISTING CONCRETE PAVEMENT ON107111S ONI1S/X3 EXISTING BUILDING 0 ONIO7p1B ON /1S /X3 0N/07/NB ON/IS!X3 DN/07 117O 0N/1S1X3 SN/07117B ONIJS /X3 EXISTING CONCRETE PAVEMENT • EXISTING CONCRETE PAVEMENT H H tri 10 U. E. I —) 48. 55' Or M .297)2' H 'O STAPLES STREET 400e R 40. L ) 9- 0701, 0 'ygoRz cu CROSSCATE SUBO /V /S/OV VOL. 46. PCS. 247 -249 M. R. N. C. T. ZONED R -?B 1144:A. 12.5' U. N 29. 02' f7/7ff L.T7r1 cpt 1 . 10 0 00" E 297.02' v ....J' U.C. 15' PRIVATE D. E. ti • '0 • 0 NMI 10• u. 3751 11 34!30 25' DRIVE AIS11 100' 0 25' DRIVE AISLE 100' g 0 23' DRIVE AISLE 100' 5 28. 54' 56" M 25' DRIVE AISLE 61-8 03 QZ .f 71N3S3tld 297.02 ZONED R - ?B/ SP 94 -15 • 4 20' u. . EX /STING CONCRETE PAVEAENT MATC18§NEET 1 C H s-Q 6-1051 -01 VI • 8 • • 01 • -28- ARTICLE 6. "R -1B" ONE - FAMILY DWELLING DISTRICT REGULATIONS Section 6-1 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-1B" One - family Dwelling District. The purpose of this district is to provide 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 district is located to protect existing development of this character and contains vacant land considered appropriate for such development in the future. Section 6-2 Use Regulations. The use regulations are the same as those in the "R -IA" One - family Dwelling District. Section 6-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 6-4 Off-street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. Section 6-5 Height, Ares, and Bulk Regulations. Height, area, and bulk requirements shall be as set forth in the chart of Article 24. Section 6-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 -189- 143 R -18 -25- ARTICLE 5. "R -IA" 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 Regubtioos. A building or premises shall be used only for the following purposes: ( I) 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. Nonconfonnine Seas 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 -190- 14 - 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 -IA" District all lots in platted subdivisions may comply with the lot area and yard requirements of the "R -1 B" District as minimum requirements. Section 5-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 R -1A -191- 147 - 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) (I1) 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 -192- 1dQ - 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 Tots. (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) ( 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. ( 9) 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. (11) 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 pennitted 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: 02/08 -193- 151 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 -IA" 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. (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; 02/08 AB -194- 153 MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday July 23, 2008 5:30 P.M. COMMISSIONERS: R. Bryan Stone, Chairman Rudy Garza, Vice - Chairman John C. Tamez Atilano J. Huerta Johnny R. Martinez James Skrobarczyk David Loeb ABSENCES: Evon J. Kelly Govind Nadkarni 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 Mic Raasch, AICP, City Planner Joseph Harney, First Assistant City Attorney Beverly Lang - Priestley, Recording Secretary I. CALL TO ORDER A quorum was declared and Chairman Stone called the meeting to order at 5:36 p.m. W. PUBLIC HEARING AGENDA ITEMS B. ZONING 1. New Zoning b. Case No. 0708 -04 Patrick H. Nolan and Amy L. Nolan, d /b /a The Storage Place: A change of zoning from a "R -1B" One - Family Dwelling District to a "B-4" General Business District resulting in a change of land use from residential to commercial Being a 3.11 acre tract of land situated in Wilde Subdivision, Block I, Lot I, located at 6857 S. Staples Street, located approximately 500 feet west of South Staples Street and 1,000 feet south of Timbergate Drive Mr. Mic Raasch presented the above case via Power Point stating the applicant is Patrick and Amy Nolan, doing business as "The Storage Place" and the request is for a change of zoning to a allow for expansion of the existing mini- storage facility that is located on the front part of the property. Mr. Raasch stated the property is located at 6857 So. Staples Street on 2.64 acres out of the Wilde Subdivision, Block 1, Lot 1, approximately 500 feet west of So. Staples Street. Mr. Raasch stated the original storage facility was developed in the early '80's when it was outside the city limits. Mr. Raasch stated it was annexed in the early '80's and has had two zoning changes which modified the zoning with special permits. Mr. Raasch stated the existing zoning is "R-1B" One - family Dwelling District, which can include churches, schools, public buildings and public parks. Mr. Raasch stated the minimum front yard setback is 25 feet, the mini side and rear yard setbacks are five feet, and Planning Commission Minutes July 23, 2008 Page 2 maximum of three stories, or 35 feet. Mr. Raasch stated the requested zoning, "B-4" General Business District, provides for all types of commercial and miscellaneous service activities, including multiple family dwellings, offices, hotels, and auto repair, as well as tavems. The minimum front yard setback is 20 feet, the minimum side and rear yard setbacks are zero unless there is a residential adjacency, in which case it requires a minimum ten foot side and rear yard setback. Mr. Raasch stated there is no height limit in the "B-4" District. Mr. Raasch stated there is a single residential development to the north, west and south of the subject property. Mr. Raasch stated the Comprehensive Land Use Plan calls for the subject property to be developed as low- density residential, however, due to lack of access it would be difficult to development residential. Staff recommends denial of the `B -4" General Business District and, in- lieu - thereof, approval of a Special Permit for mini- storage use without outdoor storage on the subject property, and subject to a site plan and the following six (6) conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "R -1B" One - Family Dwelling District is a mini - storage use on the subject property. 2. Hours of Operation: The operation of the mini - storage use shall be limited to the hours between 8:00 AM and 10:00 PM. 3. Screening: A standard screening fence with a minimum height of six (6) feet shall be located along the north, south and west boundary lines of this Special Permit. The screening fence must be installed within one (I) year of the date of this ordinance. 4. Orientation of Doors: Doors shall not be permitted to face adjacent residential uses on any perimeter building. 5. Lighting: All security lighting must be directional and shielded, be directed away from adjacent residences, and light poles must be no higher than 15 feet. Cutoff shields are required for all lighting. No lighting is permitted to project beyond the property line adjacent to residential development. 6. 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. Mr. Raasch presented a revised site plan and stated it has been revised in compliance with condition #4 above. Of the fifty -one notices mailed within the 200 foot notification area, zero were returned in favor and two were returned in opposition. In response to Commissioner Skrobarczyk, Mr. Raasch stated staff would work on adding a condition that outboard motors could not be run during non- working hours. Conunissioner Skrobarczyk questioned whether an "undesirable" area was being created in the ten -foot area between the storage unit and the residential area due to condition #4 above where vagrants could find a place to hide. Mr. Raasch stated the storage facility is gated with a pass key necessary to enter. Mr. Robert Nix, Development Services, stated there would probably be no wooden fence built between the residential area and the perimeter wall of the storage facility. Mr. Nix stated the -196- Planning Commission Minutes July 23, 2008 Page 3 landscaping would not provide a place for people to hide. Mr. Nix suggested the applicant address this issue during the public hearing. Commissioner Huerta stated one of the building heights to be 12'. Commissioner Huerta stated that the lighting provision, condition #5, needs to be more specific and questioned the screening fence procedure. Ms. Goode -Macon stated that it would be required that another fence be constructed along the back. Mr. Raasch stated the residential fences in place along the residential subdivisions to the north and west are in fairly bad shape. Mr. Raasch stated that if the existing residential lots to the south do not fill in there could be a security problem where there is no fencing and it is a requirement of the code that standard screening fence be required for any business adjacent to any residential zoned district. Commissioner Huerta stated the landscaping falls in the back where there is required to have landscaping within the mini- storage on the face of the rear -most building on commercial property. Mr. Raasch stated the R -1B has a 30% landscape requirement; Chairman Stone stated there have been previous cases where special permits have taken care of that requirement. Commissioner Huerta stated he is not so concerned about the landscaping as he is about the buffer between the neighbors and the property. Commissioner Huerta suggested the buffer could become the landscaping strip. Commissioner Loeb questioned whether people with a special permit only have to comply with requirements of the base zone that they are in as opposed to the use of the zone being requested. Commissioner Loeb stated staff needs to avoid special permits requiring people to erect another screening fence because it looks awful and does not work. Requiring that a six -foot fence has to exist and it is the commercial property owner's responsibility should suffice. Public hearing was opened. Mr. Pat Nolan, 4934 Greenbriar, applicant, came forward and stated they have done several projects such as this and when abutting residential areas, they talk to the neighbors. Mr. Nolan stated that if all the neighbors do not agree with replacing their fence with the commercial fence, then you end up with a hodge podge of fences. In addressing the ten -foot area, Mr. Nolan stated they were planning on concreting the area so that it would not become a maintenance issue. Mr. Nolan stated that as for the outboard motor concern, there will be no boats or vehicles allowed to be stored, just strictly household storage units. In response to Commissioner Skrobarczyk, Mr. Nolan stated that until certain recent construction, the referenced area was not a utility easement, but with the new construction they put in a gas line so it is now a utility easement. In response to Commissioner Skrobarczyk, Mr. Nolan stated the residential house on the property will have access through the storage facility and the manager lives there. —197— Planning Commission Minutes July 23, 2008 Page 4 In response to Commissioner Huerta, Mr. Nolan stated they have a 12 -foot high peak at the most, and he has not problem to being limited to 14 feet or so. In response to Commissioner Huerta, Mr. Nolan stated the detention pond is illustrated in the site plan. Public hearing was closed. Commissioner Huerta made a motion to approve staff recommendation, to include a building height of no more than 14 feet, and lighting to be measured at the property line at one foot candle. Mr. Nix stated there were many issues with the site plan that concern him. Mr. Nix stated the building massing and the industrial appearance of this site adjacent to the residential district are both incompatible with single family development and may diminish property values. Mr. Nix stated many warehouses do not have to have that impact, they can be made to be reasonably compatible when located adjacent to single family developments and it is all a matter of design. Mr. Nix stated this is an older design concept that has been used a lot in the past but is not a complete fortress style development around the property that prevents anyone from seeing inside the property and also tends to attract sound inside the property as vehicles move in and out. Mr. Nix stated there are openings around the perimeter and there is no landscaping. Mr. Nix stated there are easements around the perimeter and easements cannot be paved, nor can landscaping be placed in the utility easement. Mr. Nix stated there are design changes that could be made to accommodate the facility and compliance with the various issues. Mr. Nix stated that if those things can be accomplished by the applicant without much impact on his development yields, the applicant should do those things. Mr. Nix stated a complete perimeter wall needed to be in place and to break up that wall with a combination of architectural and landscaping treatments so that the mass is not inconsistent with the residential development that surrounds the subject property. In completing his motion, Commissioner Huerta stated another condition would be for the applicant to submit a landscaping plan to Development Services for approval subject to the site plan. Vice - Chairman Garza seconded the motion. Commissioner Skrobarczyk stated his distaste with Special Permits, but in the past he believes that when Special Permits were issued, they were issued in Lieu of any other requirements of the ordinances; special permits were issued as decided upon by the Commission at the time issued and he believes that should be the case here. Commissioner Skrobarczyk stated that Ms. Goode -Macon had mentioned that this is an old project and the developer has followed all the rules and has been led to believe that he would be able to expand as requested, which is what should be honored tonight. Commissioner Loeb made an amending motion on screening to change "boundary lines" to "sides" and to change "installed" to "exist" so that it would read, "A standard screening fence with a minimum height of six -feet shall be located along north, south and west sides of this special permit. The screening fence must exist within one year of the date of this ordinance." Commissioner Loeb stated he is concerned with the landscaping portion of the motion and questioned whether staff gets to approve a landscaping plan without any specified requirements. -198- Planning Commission Minutes July 23, 2008 Page 5 Commissioner Huerta responded that it needs to be worked out in such a way that it does not have an impact on the development, but it is not the Commission's job to design one at this time. Commissioner Huerta stated that meeting the landscaping requirements of the current zone of R -1 B would be sufficient because it covers everything, i.e., screening, points, area, etc. Commissioner Huerta stated that in the past, the special permits and landscaping issues encountered were from within the same district, i.e., commercial or residential, but in this case it is a R -IB versus a B -4, which is a huge difference, therefore some middle wound needs to be found. Mr. Nix stated that 1*. Raasch has landscaping experience by training and education, and that staff has list of under story trees they believe will work in this area, and all that staff is really looking for is to break up the facade; Mr. Nix suggested putting in whatever the approved groundcover is and then put one or more of the approved species of under story trees about twenty feet on center to break up the facade. Mr. Nix stated the applicant could pick from any of the trees and groundcover species that are on the City's approved plant list. Mr. Nix further stated staff would prefer Xeriscape. Commissioner Tamez stated a lot of changes have been made by staff as to what was requested on the special provision and he is not sure the applicant understands what is being asked of him, and suggested the floor be tumed over to the applicant. Chairman Stone stated discussion should be finished up, then go back to the applicant for his input. Mr. Nix stated he is expressing a concern from his professional view point and his experience so that the Commissioners would understand that he has a concern here. Mr. Nix stated the Commissioners could go any direction they wish, but he wants his concern voiced for the record. Commissioner Loeb stated his concem with planning the applicant's project for him here at this meeting. Commissioner Loeb stated his concem with mandating anything that isn't already in a zoning classification because he does not want to get into the habit of special permit doing landscape requirements. Vice - Chairman Garza recommended offering to approve the staff recommendation with the provision that they go back and develop an acceptable site plan. Vice - Chairman Garza stated the storage facility has the right to expand, but also has an obligation to the neighborhood. Commissioner Skrobarczyk commented that he has been working with UDC matters and it appears that we are in a transitional period where some things that have been discussed do not apply yet. Commissioner Skrobarczyk stated he has heard from developers that have been working with staff on matters, but when they come to the Planning Commission they cannot do what they were told to do by staff, which is probably a result of knowledge of changes to come but that have not yet been approved, and it seems unfair to the applicant to spend time and money to get to the Planning Commission, but then they have to redo everything. Commissioner Martinez stated his agreement with Commissioner Skrobarczyk and Commissioner Huerta. Commissioner Martinez stated he believes the motion should be passed as made and let the details work themselves48.9— Planning Commission Minutes July 23, 2008 Page 6 Motion to re -open the public hearing was made by and seconded by Commissioner Huerta. Motion passed unanimously with Commissioners Kelly and Nadkami being absent. Public hearing was re- opened. Mr. Nolan stated he agreed with what Commissioner Skrobarczyk said in that there originally were certain parameters to be within; Mr. Nolan stated that originally he had 24 doors facing residential and at the last minute trimmed it down to zero doors facing the residential. Mr. Nolan stated the gaps along the building are only there in the event a fire hose is needed behind the buildings and stated he would be willing to close it off if the Commission so desired. In reference to Mr. Nix's statement, Mr. Nolan stated that not being allowed to pave the utility easement was news to him and that it has been done on many of his projects. Mr. Nolan stated that another concern of his is that pushing everything back five feet is not a minor issue, but a major one. Mr. Nolan stated the ten foot easement along with the five foot landscaping requirement doesn't make sense and he'd lose those five feet all around his facility. Mr. Nolan stated that the trees would cause root problems and leaf problems. Mr. Nolan stated that he has no problem with landscaping, but requiring it at the rear of the property where nobody is going to see it or benefit from it doesn't make sense. Mr. Nolan stated he met with his engineer, they met with staff, and they came up with a game plan. Mr. Nolan stated he has tried to play by the rules and he'd like the Commission to vote on what is presented here tonight and not have to start all over. At the request of Commissioner Skrobarczyk, Commissioner Huerta restated his motion of accepting staff recommendation, with a correction on lighting to be measured at the property line of one foot candle, the building height to be a maximum of 14 feet, and for the property to meet the landscaping requirement of the R-1B zone. Commissioner Huerta clarified that the landscape requirement of the R -1 B is that the building footprint cannot exceed 70% of the subject property, thereby, leaving a 30% green area requirement. Mr. Nolan stated he builds houses and is familiar with the R -1B landscaping requirements and stated there is no point system. Mr. Nolan stated there may be a percentage of impervious cover, but his storage unit project would not meet that requirement. Commissioner Skrobarczyk reiterated his previous statement regarding how the Commission has dealt with Special Permits in the past, stating that whatever the Commission deems is advantageous to the City and will work with the applicant. Commissioner Skrobarczyk stated it is obvious there will be no R -1B development on this site and the expansion of this business is just. Mr. Nix pointed out that Section 27B -3.04 of the Code says the requirements of this article, which is the Landscaping Code, shall also establish minimum landscape requirements per site plan as associated with the special permit or planned unit development project, therefore, there are minimum landscaping requirements for special permits in our Code, and in this case, it is 30 %. Mr. Raasch stated that the section dealing with all residential districts, including R -1 B, it is 30% of the total street yard, reminding Commissioners of the amendment made in March, making the street yard expand back to the face of the rear-most buildings. Mr. Raasch stated that is the total area that needs to be calculated for street yard, and then 30% of that is required to be provided in landscape. _200_ Planning Commission Minutes July 23, 2008 Page 7 Commissioner Skrobarczyk pointed out that that amendment was for a rear -most building that faces the street and this does not have a building facing the street, because it is blocked by other buildings. Mr. Nix reiterated that there is a requirement and it is a requirement the applicant must meet, and in addition to that, it is a minimum requirement, not the only requirement. Mr. Nix stated the Comprehensive Plan for this area would address compatibility among uses; now there is a question of "does this comply with the Plan for this area that was adopted by the Council pursuant to the Charter... is the regulation being proposed to be adopted here consistent with that and does it implement it as required by the Charter'?" Mr. Nix stated that is the reason he made the comments he has, pointing out that he has approved many warehouse projects in the past in residential areas and they were very successful, but they had certain design characteristics that made them successful. Mr. Nix stated that one of those was a landscape buffer between the residential areas and the warehouse or self storage complex. The other was a all -use fortress wall so that the interior could not be seen and it maximized the available space for the developer. The third factor was architectural treatment applied to the exterior of those facilities to break up the monotonous appearance of the wall, including color as well a variegated facade. Mr. Nix stated he was not asking for that here, but for a simple way to deal with this compatibility issue. Public hearing was closed. Commissioner Loeb made a motion to amend the previous motion to indicate the landscaping will be treated under the business use clause as opposed to residential, resulting in the applicant having to comply with the ordinance as it is written for businesses as opposed to residential. Commissioner Loeb stated this would allow the applicant to use the point system for landscaping and would allow the detention pond to be included in the point system if so desired. Vice - Chairman Garza stated he would like to leave the options more open -ended because it is an on -going project. Vice - Chairman Garza stated he would like the motion to read subject to an acceptable site plan. Vice - Chairman Garza stated he has listened to the applicant's concern about the discussed landscaping requirements and what benefits it would or would not lend to the project. Commissioner Skrobarczyk seconded the amendment. Commissioner Loeb reiterated that he would like the landscaping requirements to be based upon commercial requirements as opposed to residential because the issue the applicant has is not screening requirements, it is using 30% of his site for grass cover. The applicant's concern is land area, not screening. Commissioner Martinez agreed that staff could better negotiate with the applicant based on those conditions. In response to Commissioner Skrobarczyk, Mr. Joseph Harney, Legal Counsel, stated that if part of the motion includes approval contingent that an agreeable solution between staff and the applicant be met, and that condition is not met, then the case would come back to the Planning Commission without imposed delays. Commissioner Skrobarczyk called for previous question. Commissioner Huerta amended his original, stating the original motion as denial of the request for a B-4, and approval of the Spe2ioliPermit with staff recommendations, with the Planning Commission Minutes July 23, 2008 Page 8 amendment proposed by Commissioner Loeb, which was to modify Condition #3- Screening by replacing "boundary lines" with "sides" and replace "be installed" with "exists ". Commissioner Huerta continued that Condition 115 be amended to include that no light is permitted to project beyond the property line adjacent to residential development and measured at one foot candle; and that building height be no greater than 14 feet; and for landscaping to be worked out between staff and applicant following criteria of the business district. Commissioner Martinez seconded the motion. Motion passed unanimously with Commissioners Kelly and Nadkarni being absent. -202- Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY PATRICK H. NOLAN AND AMY L. NOLAN, D /B /A THE STORAGE PLACE, BY CHANGING THE ZONING MAP IN REFERENCE TO 2.64 ACRES OUT OF LOT 1, BLOCK 1, WILDE SUBDIVISION, FROM "R -1B" ONE - FAMILY DWELLING DISTRICT TO "R- 1B /SP" ONE - FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT TO ALLOW FOR A MINI - STORAGE FACILITY, SUBJECT TO A SITE PLAN AND SIX (6) 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 Patrick H. Nolan and Amy L. Nolan, d /b /a The Storage Place, 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 30, 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 2.64 acres out of Lot 1, Block 1, Wilde Subdivision, located on the west side of South Staples Street and approximately 1,000 feet south of Timbergate Drive, from "R-1B" One - family Dwelling District to "R-1B/SP'' One - family Dwelling District with a Special Permit to allow for a mini - storage facility without outdoor storage on the subject property and subject to a site plan, attached, and six (6) conditions. (Zoning Map 044033, 044032) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following six (6) conditions: 1. Uses: The only uses permitted by the special Permit other than those uses permitted by right in the "R -1 B" One - family Dwelling District is a mini - storage use H:\ LEG- DIR \SharealayWgentla\ 2008\ g- 30\ ORD- zoning0708- 04NolanStoragePlace -R -1 B- special permit.doc —203— Page 2 of 4 on the subject property and no hazardous materials are permitted within the min - storage facility. 2. Hours of Operation: The operation of the mini - storage use shall be limited to the hours between 8:00 a.m. and 10:00 p.m. 3. Screening: A standard screening fence with a minimum height of eight (8) feet shall be located along the north, south and west sides of this Special Permit. The finished side of fence shall face residential uses. The screening fence must exist within one (1) year of the date of this ordinance. 4. Orientation of Doors: Rollup or retractable doors shall not face any adjacent residential uses. 5. Lighting: All security lighting must be directional and shielded, be directed away from adjacent residences, and light poles must be no higher than 15 feet. Cutoff shields are required for all lighting, No more than one foot candle of lighting is permitted to project beyond the property line adjacent to the residential development. The building height to be no greater than 14 feet. 6. 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. 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. H:LLEG- DIR\Shared\Jay\ Agenda\ 2008\ 9- 30\ ORD- zoning0708- 04NolanStoragePlace-R -1 B- special per nit.doc —204— Page 3 of 4 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 30th day of September, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: September 22, 2008 Y tte A A sistant City A'' rney For City Attorney Henry Garrett Mayor, City of Corpus Christi HALEG- DIR\ SharedllasAA genda 2008 U- 30\ ORD- zoning0708- QttanSloragePlace -R -7 B- 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 Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:\ LEG- DIR \SharedUay Agenda \ 2008\ g- 301 0RD- zoning0708- 04NolanStoragePlace -R -1 B-special permit.doc —206— Win ��' CROSSGATE ANNEX e© 0 e ten � �®� e 28 O P S o S�� G p q 1 %14; N � oe a7 ® ® ]D s C1 © e a y � bas ss / "�G 13 Ittri � \O 12 ]� RO GAT RID 44u J 1] 15 3 20R -Z s _Al 0 =Feat CASE # 0708 -04 EXHIBIT A PLANNING COMMISSION and STAFF RECOMMENDATION From: "R -16" To: "R- 1B /SP" ORDINANCE: B -1 RUNG CORNE 7 BIdt008 pepa"tl By: SRR IDev&OFmeet ServleeS -207- a 11C U1'LA->'y CROSSCATE SUDD/VISION 46. PGS. 247-249 M. VOL._ . N. C. T. ZONED R -1B 15' PRIVATE D..Ci. 12. s • u. jusa N 29. 02 -4 • c iirrnuri- rc/`FI . // OD" E 297.02' • 1'- 1.V -..ru 10' 0. 95' DRIVE AISLE 100' 23' DRIVE AISLE 23' DRIVE AISLE 100' 23' DRIVE AISLE M 9 297.N ZONED 8 -18/ SP 94 -15 EXISTING �TE PAVEMENT .._.._.. �._.._.._..L.._.._.._.._.._.._. MATCH SHEET f /11 _ - 208 - apt _ 5 'I4. P1a;.j 4 a) v v • !0' u. • er7b4l -01 0 20' PRIVATE D. E. MATCH SHEET 2 •• -•• —•• —•. -.• -•• •• -•• —•• -•• —•• - ..••.. —•• -•• -•• —•• —•• -• i• liw EXISTING CONCRETE PAVEMENT _N. ■• ■•■ EXISTING [ BUILDING 15' U. E. 24' A.4- 20' U. E. .1 Y. R. [!XISNC BUILDING Rea EXISTING BUILDING EXISTING BUILDING JN107II79 ONIISIX3 wows 9NIJSIX3 EXISTING CONCRETE PAVEMENT EXISTING BUILDING 0 JNI07Ifl8 0NI1SIX3 rL. 13113NO3 ONIISIX3 Item EXISTING CONCRETE PAVEMENT TO' U. E. 28. 55• DO" W 297 2' STAPLES STREET ?► •4j)7E I1 d!. R. 0. ' ` yOp�Jti I 100 R. O. W. 1 MOP (. - -209- 1 N Vf • m H •0 14 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Report on West Oso Independent School District by Dr. Crawford H. Helms, Superintendent STAFF PRESENTER(S): Name JoAnn Hooks Title /Position /Organization OUTSIDE PRESENTER(S): Director of Education Initiatives Name Title /Position /Organization 1. Dr. Crawford H. Helms Superintendent West Oso Independent School District (WOSD) 2. Dr. Mary Jane Garza Assistant Superintendent West Oso Independent School District (WOISD) ISSUE & BACKGROUND: In an effort to keep education at the forefront of City issues, each school district from the Corpus Christi area will be invited to City Council once a month to share information regarding their respective districts. West Oso ISD is the second in a series of presentations. Led by each district's superintendent and members of his or her school board, we will begin to build community awareness of our educational landscape. The districts will give an overview of the following: • District Demographics (to include dropout information, if applicable) • Successful programs; programs /curriculum aligned to address local workforce needs • Challenges facing the district/opportunities for partnerships REQUIRED COUNCIL ACTION: None. -213- JoAnn Hook Director of Education Initiatives st n n1-41t: ct •1 n tri) i t © t f m t E cn _ 2. cr -I c'�w to ct o 0 et' N _ O CA co 0 O st IP . St- tr• St. : : 1,:: • • ob- • 7 1 N ft-% 0 CO 0 OD 0 0 0) o. el 1 a co cQ (1) The West Oso Doors first opened 1884 t. _ Jo!unr os0 3sa4\ ooyas a !H os0 jsam .:74N: • '• _ �.iujuauuaja os0 JsaM .S COCA O W W a-1 00004 c f 8 l N y O N U7 . O N 0 aCDaCDCJ1 00000 00000 i 0 L=! C, L` Current student enrollment is • • • O 5 � ' co X p c• 0 O O rn0. CD %< . rn _ CD 2 r 03 0000 m c- rn cn cn = 0 > > > > > 0 0 0 0 0 0 0 0 0 0 CD CD CD CD CD at a a Er Er cr Cr 0" Cr Cr CD (D CD CD CD 1N3W11O21N3 1N32121fl3 S]SS]33flS WV}IOO}Id CA) cn > C11 r z 0 0 w m > - o - o r z 00 w m > z 0 - o - o r 0 r m z 0 - o - a 0 r m • I0 • • r. • • . St. • • m v c n m ]NOA}I]A] it. SIP_•. 414. OZ. • • St • • • -5 �': • OSO ,LS3 -ii r 0 0 MT IV IVD a 00 cil'ips a 00 peel rii 01 rii a a rii C1 00 C1 00 C1 00 11 N 11 N 11 00 00 Uri 00 00 a 800Z-1OOZ - A}IOISIH TIV DSO ISAM r .11 rr C z 00 et M TIflV3 00 00 eiSt 00 00 00 00 00 00 11 00 1k 00 00 00 00 00 ■f; 00 a 00 00 00 p;m© ■f; a 00 800Z-1OOZ - TIV OSO ISIJASA 1—i r 0 cn 0 JJI1EI HAWN MTTIVIV3 --A a 00 oe © 00 CZ 00 ■f; 00 a 00 00 00 CA 00 CA 00 ■f; 00 00 c:) 00 00 ALL MULTI -YEAR HISTORY - 2002 - 2008 OSO IS3M 1-3 r 0 CA 0 .1.1i1 TS Ni1013 N3TIIV1V7 a 00 CZ pesi a CA 00 CZ -4 CA 00 CN r r 4 r 1 m ci *i 0 P• . k..) © © k..) ,.., © © oe OSO IS2A r ct C M2 VIV IV 00 00 00 et a 00 00 a ALL MULTI -YEAR HISTORY - 2002 -2008 OSO IS3M 1- r 0 (6) N3flV IVD N 00 pe;© 01 00 01 ■f; 01 ■f; a 0 eNR:i a 00 CZ 00 1.6 Cti 00 r r 4 r 1 m ci *i 0 P• 1 k..) © © k..) ,.., © © 00 SUCCESSFUL INITIATIVES it it mit 0 _ Imo • E e# C : E © el) mu CA e# r CA CA t CA 8002 SOOZ CLASSES, CREDIT ADVANCEMENT CLASSES Students are able to graduate with cohort paillaalaaau uiuivai sjuapnjs siagauaj uaiu ppafgns a. of cri N ei) • o •-• 0.1• b o d et) cfcl •uoJ uicuool9 0 0 o o ro 4.4 cr emt- rp— n 04:3 et) • trb mr- o � o et) e o o z tCt passed anssI puog USI oso 3sa\ 'CjajuS juapnjS eas ots) 5 i 0 ot AT c O' n Qr © eD 15 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation on Oso and Gabe Lozano Golf Courses STAFF PRESENTER(S): Name Title /Position Department 1. Sally Gavlik, Director, Parks and Recreation 2. Ronald Sepulveda, Superintendent, Parks and Recreation Sally Gav , Director Parks an Recreation Department —229— U) 0 c < CD CD fl) U) fl) 0 O Sa- N 0 O c Q 0) E fl) = N fl) 0 0 -0 O Q 0 -0 O CD 0 0 O 0) w -0 -0 O 0 O = 15-- ;I' CD 0 v 0) 3 N 0 O c 0 Z O 0 `d os„ seed esano3 daayi Exceed Expectations of a Municipa 0 0 03 c O 0 K 0) c cn Ir. 0 m 0 p 0 O c a O Q 5. 0) 01 Construction started in 1962 0 r+ CD 3 O CD CD Run papea ;uoo CO W CO = Cr Q CD fD -0 = CD rl fD F CT Q CD CD 0 = W r+ 3 fD fD fD 0 O - h N 0 0) Green's committee was formed in 1983 O = _ii fD = 1< (D O O O CD • D O 0 O 73 0 Z u) -1. r+ n r m m r as 0 0 =• Q ) (0 CO O 0 rn . rn a) � CO a = w c N 0 0 (0 0 .-. w CD (0 00 0) (0 r 0 rn m rn c rn 0 c a (D 00 0 ® 7) CO c W = 0 c a (0 O 0) s ;uawanoadw saa )jun8 NJonnaei p (DD M. O . -' in = -. Z - 0) O = G n fD CD 3 3 CD (D = Cn e ;su! pni. 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CO N V N 01 O 0 6 O' O O' I 0 m\ ♦V 3 - O w OJ �cA) Y - 0) 0) _ 0 r+ o al 0 uo!Tonpoad seo!Juas'8 saeS uoque uoo 800Z `91.-2 I- AB IN )aaJ wsianol IBuo!TBN T!q!uxl poda!y ;se ;uoo o ;oud eplpl!M 'EEO sIool uoeei ;no A;!unwwoo /epeii leAeii Ame M Ae vsn sexal \p aunr Ae M sexai c m a D 7, v 20 (Vw ) Ao 2 op sexal 1/4C U§»qe I 0 c a 0 ues c 0 ize«mWV ues 90 c (u 0 N Cr '-'- o a) a_ N (o N N D Ainr SW #R n) m Z 0 f ,$) ABA ie 1An leise00 OM eP-09 ?quo ? v A -s 03 J N GJ GJ 01 N �I N) A 03 CO W 0 CO N N 0 0 01 0) -4 A -a O co O co 01 O O O O O - O a N O O O -1 O 0 O 0 0 0 O 0 01 O o o O A o o c) O O O O 00 O O o O 0 u6iedweQ euizB6BW Jewwnsibuiads Texas Meetings + Events Magazine AAA Texas Journey Magazine Birder's World Magazine auizefeyv e ;said - Reinforced "Beaches +" branding — Outdoor daily traffic count per day 667,156 • o0 > C 0 0.Q c = 0 0 Cn -5 W 0 w D v v o ( o v 0 = > a o = o' o v a = I 0 0 r r 0o 0 n x C — Accumulative Reach: 51% of the demo market 5 times — Markets includes Austin, San Antonio & Houston .seoue!pne sno!JBn • I 0 a a 0 3 rn 0 D 0 D C v W a o' 4 W o- ' 0 E 0 u6iedweQ mopm ° '8 oipei iewwns • • I I C a I I I a) >(-)= 030>X C �' v o v R' a) a _ o c = co =v rt C N -0 CD H 0 rn 7 = rt 0) o 20 a) o - o N = rn o�= v cn co a•� D rn o0_ CP = o ‘Z 0 o r = C) = CP o -. o' as * 0 co� 0 v CD co in I o a) C Eco =0 v 5. 20 co v u6iedweQ pesui JededsmeN iewwns W r v { Co -0 n) co co —I 0 0 0 O Qo z m co 0 3 H 0?' cD a 0 7 0 r v m O >0H Cr) 0) :r c CO Fr 0 (P - D = O W a a Q O 0 > - a) a) 7 W CD co -0 W C — 0 0 v x m Q0 o C —I Cr) = T 0 N co N X CD V) 7 o .T D U) a r c co W' 0 0) lanaiyg -MoyS C) r' co 2 rcn C 5 N 0 c v m CD m o CD 3 D 0 7 0 O 0 0 X 0) N v N , CD r A;!■i ;oy eJnsial '8 dnoi 19% increase when compared to F.Y.06 -07 for unique visits e ;o; £98`? i-0` I- unique visits for F.Y. 07 -08 IW flJeA O O 03 Formed partnership with Sunny Beaches O O N CD I I I W-0 CD a0 H - -5 C Cr Cr CTS 0 o — = O 3 O n) (• c) O O 3 o L o cn = = -' 't.) Q v 3- < Q G G N °o m cp CD CD CD 3 53 53 3 0 0 �• a) O a) o. cQ < • 0 (D (D a) �' w D X T o 90 m o a) 0 O O v o to CO we vi , N CD a) , m rn o 0 0 o • co CD N a D- M w a D- -5 . o o H CD -' = c - O �D *. O Ca CD H ° al n CD 2 v -i o m ° C) N = 00 0 0 m + m o CT CD o a woo • 9Aoi ;sia u3sndao3 •MMM Number of Travel Writers Hosted: 24 gLI:paysilgnd sap! y leTol ANNUAL REPORT (since 10/15/08) C z m E CD co E 0) (0 0) N_ CD 20 CD CD 0) D C) CD 0 C a 0 0 CD 0) m cp 3 E 0) co 0) N D CD > C- O 0) Rh 3 0) 0 C C CT C) 0) O D Rh 0 3 co 0) N 20 woo.appolOTOHagi MAR: Knoxville News Sentinel, POD Factory.net & Number of Travel Writers Hosted: 14 Number of Shell Stories: 8 Number of News Releases: 38 w 0 Co 0 CO 0 m 0 suoge a o!IgndisuonBo!unwwo3 W.= C� J 00 a•< o W r+0 �o = `<.= o - -0 - CD -• co (0 '{ w a) W fD (0 �' C7 0 �o N n � W r -•o Cl) CD a) 0, o o� - s = T 5 Q = N < < a m CD N Ca N -N Q -Ir Tj C. O 0 o -s o - I O 0 0 r CD > < (/) r = =(C r C o > CD a n = 3 a Z -0 N C)• Q c 0 CD 0J = N a3 (7) Q r a -0 (D r (o o = w W = o N C7 < m ' W O = CD CT w wsianol ein ;eN IM C r CD SD —I S• . C± • M O 7c i 0 0 O 0 O 0 0 2 o 0 _ w _• ‘P: ect9- g C a) _' 0 `. _ O 45 CT v 0 P- = 0 -' C C IC C 0 ac O a 0 e s Z 3 3 O 3 m 3 g C c 8 W 4 N 01 co N CO O J K) Co N PO CD O 2 6 03 W a W W s x 3 = 3 V N 0 W W V N N fA W W N co W N CT W CO CO CO a V N cn CD W -4 CO b 0 A N CO CO a W m W C0 a m uoteulxol ssn O Or 4 y _712e d C 2 ' 0 9 "November 'October m m 'August I O N CO m -. -. 100N-4CO W a A -2 N W yyA Pw Co � fJA W mm W O > E 1WJOA 6 O1 CWT V O) V W.AW Z W -4 W Co W WA41A AN CD CO a o m2��+Zpoe Co Ai toy W 3 e i �a • 3 fW�W A U V A. c(nAo a CD m CO 1 33,926 -•ZvZvW O0 a NfA a-4 Aa N N�� 1UNTf 22-4 a pal co 2 ki3 WW— 9 Pt ^ i -_ Q • m(A N CWNi) >COO ( A� L_ 59,427 (Nil N N co WWa OIO N N a" NN 00o1 55,4751 Texas State Aquarium 40,825 O c+° WW a) m 17,827 ca y O1AOO WoN mfTqS I $2,273.10 $2,689.32 a N -J0'a VW+ a Retail Sales Activity Current YTD USS Lexington C IC C 0 ac O a 0 e s Z 3 3 O 3 m 3 g C c 8 W 4 N 01 co N CO O J K) Co N PO CD O 2 6 03 W a W W s x 3 = 3 V N 0 W W V N N fA W W N co W N CT W CO CO CO a V N cn CD W -4 CO b 0 A N CO CO a W m W C0 a m uoteulxol ssn 8E c e; ea a March _ o Y m s !December JagweAeoNI ° 64 3 ' m 3 . 'August I N -. a-4 y a W a A -2 N Si' 2 O yyA Pw Co W O O m mm W N V Walk -In Visitors Current VTD N CD 0 m W poA CO a J a W CO a V a N 0 a o f W Cu + CO c CNT 0) W N f aCAd fWp 'O W CWOT Cf0T fO CO I 5,567 N{T N NfA a-4 Aa N N a a O a pal co v Total Fulfillment of Info Requested Current YTD W0 W O CWT 4 1 48,912 COWO1 O N O p Ap W W j o J V V W O a N CD o m CO v O W WpL a CWA MMV (+(OO A a O o �Wq fpJ Ol m $4,578.49 $2,064.30 Ca O Y I $2,273.10 $2,689.32 W WV Ca $2,744.06 �Wq A COl Retail Sales Activity Current YTD H W N a W $33,379.32'1 1$29,337.38 I (N Vm CA a•� $24A60.801 I $19,884.31 $17,820.01 I H 'W m m a 'a fg o H {:A OI d `, py CO f0 N a(0 N 0' I 818,297 I f00 OJl W m a + I 95,551 I a pW O) 01 m W 63,303 I o CO co (pan A W I 40,597 I _0 W co m W III 0 8E r_r_;a C m ea - 01 S m m IJanuaury December _ J O 4 3 3 -1 ° 64 3 ' ISeptember 'August I ha 0 v O o W CT (ICJ O CO O CO W 10 CO W O g N OD W W N W N -a W O N V O M 5 c co 27 1 22 O W W a T W-- 5,815 N W O Cancelled G O m N j 385 r 267 <A a W Co r 120 V v CO " 0 0 Nights J$217,641.331 $50,003.09 I$46,741.731 a VA Ol N a m O I $26,815.841 69 A - W v O W I $4,948.83 I W V V - W Wg O V O) $5,655.72 I O g Eat Revenue -263- "`c> ')c o r_r_;a m'C O ac IMarch it cr C ZQ m C IDecember November October m 9 c� ID C N to S C iii 8 to m W 0 W CT (ICJ O a N W a V CO N al A 0 V N+ N a Ci CO CO N CD 3,635 I Walk-Ink Current 7,766 I CA a V W U a (Oy a y O0 NNOfoilCOC9aa N a O -I a W co fJ a 0 5,815 W VN CO W m V V m a A W COa CO a O V a N pO m (0 Total Fumlln Roque Current 8,144 I + co W 85,873 mO m I_62,032 43,473 WN s NH p 0 m O Al C T W J I $ 3,182.20 fa m `6)g 07 N oWi I $1,756.96 m I $1,494.00' Cy m $818.75 CN�pp A 4. O Pn' $1,282.13 $14,610.07 I$13,222.731 a N W N g N co ~ p� OI 4 A CO $6,010.78 I N �O CCD �q Ap p0� A CO p« Ol O (qN� Opl as Activity YTD $1,283.91 o N m co I 169,282 a NA '. Co N o w 79,481 t0 w a CT 48,463 47,538 77,782 I O N Website Visits 67,433 "`c> ')c o F m — IMarch c 2 .2 2 cm m •2 m m' m mQ a II'' g gag m c N en N I 251 CO N A a N CO W V W— W CO Reservation s J 1 31 CT W W N CO W 0 0 0 CO O-4 Cancelled OP V 46 N CO OW) m 99 co N W W co 1 N ZO c• 3 lt NH p 0 W a1 a f9H 0) VO V a N v I $ 3,182.20 I $ 6,475.44 I w a Co W $ 5,584.11 $ 2,727.67 $ 851.00 I $ 1,328.38 I H -' + CT CT 49 N N W I Est Revenue w 0 0 CO C! 45 co a a 0 -264- 800Z-LOOZ ,eaA leosli Convention Center Bookings ITexas Migrant Education Conference IScience Teachers Association Of Texas IKnights Of Columbus, Texas State Council I General Conference of the Church of God (Seventh Day) Episcopal Diocese Of West Texas IEpiscopal Diocese Of West Texas Education Service Center - Region 2 ICounty Judges and Commissioners Association of Texas Community Action Agency IChristian Meeting Planners Convention & Expo IChristian Congregation of Jehovah's Witnesses'" I IChristian Congregation of Jehovah's Witnesses" IAttorney General of Texas I I Association of Water Board Directors - Texas I, 'Region Vi Annual Conference (Annual State Convention (Southwest Texas Annual Conference 'Southwest Texas Annual Conference (Texas State Girls Powerlifting Championship (Annual Conference & Exhibition (Texas Migrant Education Conference 1State Leadership Conference Annual Convention 1Annual Conference Texas Democratic Party 2010 Convention Annual Fall Conference Annual Conference (State Farm Mutual Automobile Insurance Company Agent's Univen (Annual 2010 Convention Conference for the Advancement of Science Teaching Annual Meeting Annual Spring Convention General Conference Church of God (Seventh Day) Diocesan & Council Meeting Diocesan & Council Meeting Texas State Conference on Autism Annual Conference South By Southwest Head Start and Early Head Start Summer Cont{ Christian Meeting Planners Convention & Expo Annual District Convention Annual District Convention Texas Safe Schools and Healthy Students Summit Annual Summer Conference O O LO \ Y 0 O N Y \ O 00 O O N \ Y N ( 06/03/14 O Y \N b \ \ O Y b O Y - O \ O b O — Y \ Y Y O O - \ O O ■ `, Y O N b m \ \ \ N O N \ ` _% Y O Y 0 V Y m O Y 0 \ ` Y 0 Y \ 0 Y N \ W N Y Y A \ q Y 0 O \ m O b N \ V Y 0 \ Y W N \ \ O W O co b b 80/40/80 \ � \ CO \ N b` la N co \ \ \ G O O O \ 01 m Y — 006 S S b 8 8 S$ 500 258 3500 8 5 1500 2500 NJ S la. S 1200 $ 8 o 900 6000 6000 1200 S D R IA V ID 0 A S S in CO O y N 1 1 NJ O S $543,750.001 y. A Y til O S y1 A yNY� O S 1 $833,750.001 $989,625.00 $543,750.00 N WI N S S $253,750.00 $3,262,500.00 $181,250.00 $93,525.00 $1,268,750.00 W N S S 1 $543,750.001 A 8O O S $543,750.001 000 Ol O VI S 00 01 4I1 O S A N 8 O S A D 8 W i O S N N 8O V an O S S S W in N S S A Y Y W 1 8 1 Y81 D81 O1 O O O O S S S S U1 AW O S � - -264- 800Z-LOOZ ,eaA leosli Convention Center Bookings rTOTALS L. C 'C e • 39 +c a 0 a r (February January 0 00 9 o INovember _J October ISeptember August 1 143 Ire 0 + V V N NCO A W f0 0 CNT W A ! 9892 7930 242853 22578 A 11876 N CO 39795 N 30507 N CD CO A A N A W A 35148 -24014 -70275 -92853 -70275 -58534 4. a 0 00 0 -27033 12762] 29183 op t tCtpD O OO O 03 0 75963 98508 1148521 O 0 0 87513 242853 I220275 208534'. A CC Cl co 1 177033 137238 120817 90310 — CO A 0 7 V 51492 35148 1 437501 I 150000! 0 1250001 0 O O 875001 r 750001 62500 50000 n375001 f 25000 12500 Of r r m CD 0. 0) a N 4o) ene GV ,/403 !TOTALS CC Or “ I: 0 O ,`'bai it rn1-0 R 7' m .� C 01 0 3 m Z 0 3 o !October 1 W V 3 0 !August 143 CU CO N CO W N CO V A W N —O A N DOA N A A N-. Oi O)A N ! 9892 7930 I 202841 CO CO 10 W 10 --I pWN CO C.) Al OI 1 204511 1 26228 (ANA V CO C 22050 14563 CA CO A s+ -24014 43558 en A a. -33558 -10287 N 25078 455371 1 71765 A N 92600 1 114650 CO N W 1 1353891 S 0 0 87513 1 202841 CO CO cm OCO 160287 148218 I 124922 a CO 1 78235 1 658881 1 574001 I 353501 207871 A a 1 437501 Ca N o - 0 0 J CO 0 1250001 1 112500 I 100000! 87500 750001 625001 00 0 CO CM S 250001 125001 b 09,0% ,e,s, coo/ O s en c C 7 m y39 K— May ; S O 0. C .2 to m CO q O sr o JegwenoN !October 0 g m c M " !August I 143 N N A CO CO CO A N CA A CO CO CO 4. CO DJ co W ! 9892 7930 13607 1 7894 1 10289 w N m J 1 11957 14046 157821 13202 °w Co N CD N 41836 aaa WWp W W co -24014 -10407 f -2513 W 14088 22975 34932 48978 V O 779621 O S 52178 118906 126838 109014 95407 87513 77224' J 0 CD N 620251 U 00p OOO CO DO N 202401 7038 p0pOo0 A CVO 68750 75000 62500 562501 500001 1 437501 Ca N o 312501 25000 1 18750! 1 12500 U O 437501 'TOTALS Lf- C C s O May Y3 O 0 r AuetugedJ C- C O -, !December INovember 0to 0 C as .Q 9 1 3 !August I m+ P J N-. 0 N N A N W CO N N DO V 0 CO V 78232 1--592 CD A N W W 01 01 CO V CO CO CO co V 01 N 0 J V A CD CO a V N CD N 011 0 V CO CO I -3232 -3232 N co 12092 18397 24334! O f0 AAA A 365211 A 0 52178 550901 CO -I i CO 0 78232 72310 1 62908 a'OA CO W 03 C7 Ca -. 40556 p0pOo0 A CVO CO CO 1 22822 00 CO 0 CO W vl p p p 687501 625001 1 562501 1 500001 437501 CO N 00 405561 312501 250001 1 187501 125001 N 0 —265— n Oct a %M00oh- W Go no O • < O 3 v 0 Ad 800Z/LOOZ cc N O 0) Corpus Christi SFA Inquiry ht tp: / /sfa.corpuschristicvb.com/ reports /index.cfm ?action= print_definit.. Corpus hrish Print this Page Close Window Corpus Christi Convention & Visitors Bureau Definite Bookings By Booking Date September, 2007 Rep Meeting Dates Attendance Peak Rooms $ Value Corpus Christi Army Depot VII 10/01/2007 300 148 479 108,750 5th Annual Luther G. Jones Aviation Summit 10/06/2007 Gulf Coast Association Of Geological Societies WIL 10/19/2007 1,200 125 360 435,000 Annual Convention 10/23/2007 Texas Association of Community Action Agencies WIL 11/14/2007 40 25 35 14,500 Board & Committe Meeting 11/15/2007 Texas Lathing & Plastering Contractors Association, Inc. YH 06/11/2008 300 110 270 108,750 TLPCA Annual Meeting 06/15/2008 Association of Records Managers & Administrators (ARMA) WIL 07/24/2008 150 75 225 54,375 South Texas ARMA Chapter Leadership Conference 07/26/2008 THSWPA El' 03/19/2009 2,730 750 2,250 989,625 Texas State Girls PowerliRing Championship 03/21/2009 Rural Rental Housing Association Of Texas WIL 09/14/2009 300 265 780 108,750 Annual Convention and Tradeshow 09/18/2009 Texas Health Information Management Association WE 05/15/2010 400 250 800 145,000 Annual Convention and Trade show 05/19/2010 Subtotal September, 2007 8 Meetings 5,420 5,199 $1,964,750.00 October, 2007 Rep Meeting Dates Attendance Peak Rooms $ Value United States Army WIL 11/29/2007 300 261 537 108,750 U. S. Army Recruiting Battalion Annual Training Conference 12/01/2007 Texas Environmental Law Enforcement Association WIL 02/04/2008 90 50 190 32,625 Annual Conference 02/07/2008 Attorney General of Texas WIL 02/23/2008 900 401 1,254 326,250 Texas Safe Schools and Healthy Students Summit 02/27/2008 Texas Association of Workforce Boards WIL 09/07/2008 50 30 40 18,125 Board of Directors Meeting 09/08/2008 County 3udges and Commissioners Association of Texas WIL 10/03/2009 600 300 1,060 217,500 Annual Conference 10/08/2009 Subtotal October, 2007 5 Meetings 1,940 3,081 $703,250.00 November, 2007 Rep Meeting Dates Attendance Peak Rooms $ Value Attorney General of Texas WIL 02/23/2008 300 50 150 108,750 Texas Safe Schools and Healthy Students Summit 02/27/2008 W.B. Ray Class of 1963 YH 10/03/2008 150 75 150 54,375 W.B. Ray Class of 1963 - 45th Class Reunion 10/04/2008 International Association for Society and Natural WIL 06/05/2010 600 350 1,500 217,500 Resources 06/11/2010 International Symposium on Society and Resource Management -266- Corpus Christi SFA Subtotal November, 2007 3 Meetings http: / /sfa.corpuschristicvb. con✓ reportsf index.clin' /action print_detmit.. 1,050 1,800 $380,625.00 December, 2007 Rep Meeting Dates Attendance Peak Rooms $ Value Tex 23. Transportation Group WIL 01/24/2008 75 40 BO 27,188 Quarterly Meeting 01/25/2008 Nueces County Health Department WIL 03/27/2008 100 20 20 36,250 State Immunization Meeting 03/28/2008 Texas Criminal Defense Lawyers Association WIL 10/16/2008 75 20 25 27,188 Fall Seminar YH 10/17/2008 10 0 0 3,625 Subtotal December, 2007 3 Meetings 250 125 $90,625.00 3anuary, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value Texas Mr National Guard WIL 02/08/2008 200 181 762 72,500 Recruiting and Retention Command Meeting 02/14/2008 Community Action Agency WIL 08/04/2008 1,000 50 200 362,500 South By Southwest Head Start and Early Head Start Summer 08/07/2008 Conference WIL 03/06/2010 1,600 750 2,895 580,000 Roy Miller High School Class of '53 YH 08/15/2008 10 0 0 3,625 Class Reunion WIL 08/16/2008 1,800 625 1,790 652,500 American Society of Heating, Refrigerating, and Air WIL 04 /21/2010 250 125 330 90,625 Conditioning Engineering 04 /24/2010 Region VIII Chapter Regional Conference Subtotal January, 2008 4 Meetings 1,460 1,292 $529,250.00 February, 2008 Rep Meeting Dates Attendance Peak Rooms 8 Value Texas Health Occupations Students of America Annual Conference YH 02/08/2008 02/09/2008 300 282 444 108,750 Subtotal February, 2008 1 Meetings 300 444 $108,750.00 March, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value Trinity Church DT 06/08/2008 250 60 192 90,625 Summer Camp 2008 06/12/2008 Southwest Athletic Trainers Association WIL 07/17/2008 200 60 180 72,500 Annual Meeting & Symposium 07/19/2008 Voluntary Protection Program Participants' Association WIL 03/06/2010 1,600 750 2,895 580,000 Region VI Annual Conference 03/12/2010 Subtotal March, 2008 3 Meetings 2,050 3,267 $743,125.00 May, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value Texas Juvenile Probation Commission AZ 09/15/2008 175 120 200 63,438 Data Coordinator Workshop 09/17/2008 Texas Community Education Association WIL 04/19/2009 175 100 145 63,438 Annual Conference 04 /22/2009 Southwest Association of Student Assistance Programs WIL 11/06/2009 450 400 1,374 163,125 SWASAP Annual Conference 11/11/2009 Texas Health Occupations Students of America WIL 04/13/2011 1,800 625 1,790 652,500 State Leadership Conference 04 /17/2011 Subtotal May, 2008 4 Meetings -267- 2,600 3,509 $942,500.00 Corpus Christi SFA http: / /sfa.corpuschristicvb. corn/ reportts //ifdex.clin7acuof= pnDt_denmt.. June, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value South Central Renaissance Conference Exploring the Renaissance: An International Conference WIL 02/25/2010 02/27/2010 100 80 150 36,250 Subtotal June, 2008 1 Meetings 100 150 $36,250.00 July, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value Sparkling City Softball League AZ 07/11/2008 5 5 10 1,813 Regional Tournament 07/13/2008 Texas Society For Respiratory Care WIL 05/23/2011 600 230 550 217,500 Annual Conference 05/27/2011 Subtotal July, 2008 2 Meetings Austin Sales Call 605 560 $219,312.50 August, 2007 Rep Meeting Dates Attendance Peak Rooms $ Value Texas Society Of Association Executives (TSAE) Annual Meeting and Education Conference EP 09/27/2008 09/29/2008 400 250 730 145,000 Subtotal August, 2007 1 Meetings 400 730 $145,000.00 September, 2007 Rep Meeting Dates Attendance Peak Rooms 5 Value Texas Independent Insurance Adjusters Association Annual Conference WIL 02/25/2009 03/28/2009 125 4D 115 45,313 Subtotal September, 2007 1 Meetings City of Corpus Christi 125 115 $45,312.50 July, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value Corpus Christi Fire Department /LEPC Region 6 LEPC Conference DT 01/10/2009 01/14/2009 300 200 560 108,750 Subtotal July, 2008 1 Meetings Inquiry 300 560 $108,750.00 October, 2007 Rep Meeting Dates Attendance Peak Rooms $ Value CVSG -57 CVSG -57 Navy Reunion DT 10/09/2008 10/13/2008 100 75 230 36,250 Subtotal October, 2007 1 Meetings 100 230 $36,250.00 November, 2007 Rep Meeting Dates Attendance Peak Rooms $ Value W.B. Ray High School Class of 1953 TM 10/18/2008 35 35 70 12,688 Reunion 10/19/2008 Southwestern Ice Association WIL 02/03/2010 70 35 115 25,375 Bi Annual Meeting 02/07/2010 Subtotal November, 2007 2 Meetings 105 185 538,062.50 December, 2007 Rep Meeting Dates Attendance Peak Rooms $ Value Texas Democratic Party Texas Democratic Party 2010 Convention EP 06/15/2010 06/20/2010 7,000 1,200 2,560 2,537,500 -268- Corpus Christi SFA Subtotal December, 2007 1 Meetings http: / /sfa.cotpuschristicvb.com/ reports /index.cirraacuon=pnnt_dennit.. 7,000 2,560 $2,537,500.00 January, 2008 Rep Meeting Dates Attendance Peak Rooms 4 Value State Firemen's And Fire Marshals' Association Of Texas SFFMA Pre- Planning Meeting EP 01/29/2010 01/30/2010 200 120 240 72,500 Subtotal January, 2008 1 Meetings 200 240 ;72,500.00 February, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value . Texas Skills USA Summer Leadership Workshop EP 06/06/2008 06/12/2008 100 85 385 36,250 Subtotal February, 2008 1 Meetings 100 385 $36,250.00 April, 2008 Rep Meeting Dates Attendance Peak Rooms ; Value Driscoll Children Hospital Pediatric Nursing Conference EP 10/08/2009 10/11/2009 250 100 250 90,625 Subtotal April, 2008 1 Meetings 250 250 $90,625.00 July, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value Texas Dairy Queen Operators' Council Texas Dairy Queen Operator's Council Winter Conference EP 02/12/2010 02/18/2010 300 230 775 108,750 Subtotal July, 2008 1 Meetings Prospecting 300 775 ;108,750.00 August, 2007 Rep Meeting Dates Attendance Peak Rooms ; Value Veterans Civic Council DT 10/24/2007 50 25 50 18,125 Veterans Civic Council Workshop 10/26/2007 Texas Distance Learning Association W1L 04/05/2009 700 450 1,568 253,750 Annual Conference DT 04/09/2009 40 40 125 14,500 American Birding Association WIL 04/17/2009 250 287 2,035 90,625 American Birding Association 2009 Annual Convention EP 04/28/2009 500 200 500 181,250 Subtotal August, 2007 3 Meetings 1,000 3,653 ;362,500.00 September, 2007 Rep Meeting Dates Attendance Peak Rooms ; Value Veterans Summit DT 09/21/2007 800 30 35 290,000 Congressman Ortiz &The City of Corpus Christi 2007 Veterans 09/23/2007 Summit RSI & Associates DT 11/06/2007 40 40 125 14,500 Freedom Experience 11/08/2007 Texas Awl University Corpus Christi, Southland Conference EP 04/15/2009 500 200 500 181,250 2009 Southland Conference Tennis Championship 04 /18/2009 Texas ASA University Corpus Christi, Southland Conference EP 05/20/2009 850 250 850 308,125 2009 Southland Conference Baseball Championship 05/24/2009 American GI Forum of the United States DT 08/04/2009 250 150 510 90,625 National Convention 08/09/2009 Subtotal September, 2007 5 Meetings October, 2007 Rep Meeting Dates 2,440 Attendance Peak 2,020 $884,500.00 Rooms Value -269- Corpus Christi SFA http: / /sfa.corpuschristicvb. corn/ reports/ index.ctiniachon= prnit_detultt.. Disabled American Veterans DT 03/28/2008 200 60 120 72,500 District V of the DAV and the DAV Auxiliary Units of South Texas EP 03/30/2008 400 100 350 145,000 60th Annual Spring Convention 03/01/2008 USS Intrepid DT 03/30/2008 70 35 105 25,375 USS Intrepid Military Reunion 04 /02/2008 Oso little Miss Kickball EP 07/03/2008 3,000 700 2,100 1,087,500 Little Miss Kickball State Alistar Tournament 07/06/2008 USS Morton DD 948 DT 05/13/2009 100 50 200 36,250 USS Morton DD 948 Reunion 05/17/2009 Texas Amateur Athletic Federation EP 07/26/2012 10,000 2,500 7,500 3,625,000 T.A.A.F. 07/29/2012 Subtotal October, 2007 5 Meetings 13,370 10,025 $4,846,625.00 November, 2007 Rep Meeting Dates Attendance Peak Rooms $ Value Texas Christian Athletic League EP 02/27/2008 400 100 350 145,000 State Basketball Tournament 03/01/2008 Texas Association of Community Action Agencies WIL 05/13/2008 350 101 278 126,875 Summer Conference 05/15/2008 Department of Texas, Veterans of Foreign Wars DT 06/06/2008 150 40 80 54,375 82nd Southwest Memorial Airborne Days 06/08/2008 American Association of Navy Hospital Corpsman DT 09/17/2008 100 50 200 36,250 American Association of Navy Hospital Corpsman Reunion 09/20/2008 Texas Amateur Athletic Federation EP 07/25/2013 10,000 2,500 7,500 3,625,000 T.A.A.F. 07/28/2013 Subtotal November, 2007 5 Meetings 11,000 8,408 $3,987,500.00 December, 2007 Rep Meeting Dates Attendance Peak Rooms $ Value Bedford Agency EP 11/06/2007 3,000 100 430 1,087,500 Toe to Toe Production Showtime 11/11/2007 36th Infantry Division Association DT 09/04/2008 100 : 50 150 36,250 36th Infantry Division Association Reunion 09/07/2008 Christian Meeting Planners Convention & Expo DT 01/03/2009 1,200 - 700 2,700 435,000 Christian Meeting Planners Convention & Expo 01/09/2009 Subtotal December, 2007 3 Meetings 4,300 3,280 $1,558,750.00 ,2008 Rep Meeting Dates Attendance Peak Rooms $ Value Texas Quarter Horse DT 03/28/2008 60 30 50 21,750 Spring all Novice Show 03/30/2008 Associated Builders & Contractors Inc. DT 04/16/2008 60 30 54 21,750 Associated Builders & Contractors Region 3 Meeting 04 /19/2008 Texas Municipal Retirement System WIL 09/02/2008 320 175 350 116,000 Annual Training Seminar 09/04/2008 Subtotal January, 2008 3 Meetings 440 454 $159,500.00 February, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value General Conference of the Church of God (Seventh Day) General Conference Church of God (Seventh Day) DT 07/06/2009 07/11/2009 2,500 425 1,850 906,250 Subtotal February, 2008 1 Meetings -270- 2,500 1,850 6906,250.00 Corpus Christi SFA http: / /sfa.corpuschristicvb. corn/reports/index.crin7action-pnnt detmlt. March, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value Pan American Golf Association EP 07/27/2009 2,000 100 500 725,000 Annual Summer National Convention 08/01/2009 Voluntary Protection Program Participants' Association, WIL 03/09/2010 900 845 2,535 326,250 Inc. 03/11/2010 Region VI Annual Conference WIL 03/27/2009 225 - 115 169 81,563 Subtotal March, 2008 2 Meetings 2,900 3,035 $1,051,250.00 April, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value Southland Conference EP 12/14/2008 45 34 64 16,313 Southland Conference 2008 Winter Advisory Council 12/16/2008 Texas Council of Elementary Science WIL 01/16/2009 150 60 180 54,375 Science Leadership Symposium 01/17/2009 Texas Driver and Traffic Safety Education Association WIL 03/27/2009 225 - 115 169 81,563 State Meeting 03/28/2009 Texas Migrant Education Conference DT 11/08/2009 1,500 500 1,260 543,750 Texas Migrant Education Conference 11/13/2009 State Farm Insurance Company DT 08/06/2010 1,000 700 1,720 362,500 State Farm Mutual Automobile Insurance Company Agent's 08/11/2010 University Science Teachers Association Of Texas WIL 11/06/2012 4,000 1,400 3,791 1,450,000 Conference for the Advancement of Science Teaching 11/10/2012 Subtotal April, 2008 6 Meetings 6,920 7,184 $2,508,500.00 May, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value Living the Life Women's Conference DT 10/03/2008 2,000 25 100 725,000 Living the Ufe women's Conference 10/04/2008 USS Decatur DDG-31 DT 11/09/2008 60 30 120 21,750 USS Decatur DDG -31 11/12/2008 Narcotics Anonymous, Texas Bluebonnet Region DT 02/13/2009 600 150 300 217,500 Annual Convention 02/14/2009 Subtotal May, 2008 3 Meetings 2,660 520 $964,250.00 June, 2008 Rep Meeting Dates Attendance Peak Rooms 6 Value USS Wright Reunion DT 09/13/2009 100 125 500 36,250 Revised Lead USS Wright Reunion 09/17/2009 Texas Water Utilities Association WIL 02/19/2010 900 775 1,939 326,250 Annual School 02/24/2010 Subtotal June, 2008 2 Meetings 1,000 2,439 $362,500.00 July, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value South West Transit Association AZ 08/17/2008 50 40 95 18,125 2008 ADA & Paratransit Workshop 08/18/2008 Texas Sall Association WIL 08/18/2008 250 160 640 90,625 Jail Management Issues 08/21/2008 South Texas Youth Soccer Association WIL 02/13/2009 350 300 730 126,875 Winter 2009 Soccer Expo and Governing Board Meeting 02/15/2009 Texas Vegetation Management Association WIL 10/04/2009 250 125 280 90,625 Annual Conference and Training Certification Seminar 10/08/2009 -271- Corpus Christi SFA Subtotal July, 2008 4 Meetings Referral http:// sfa. corpuschristicvb .com/reports/index.din ?action= print_detinit... 900 1,745 $926,250.00 March, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value USS Mahan USS Mahan Reunion DT 09/24/2008 09/28/2008 50 25 100 18,125 Subtotal March, 2008 1 Meetings 50 100 $18,125.00 April, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value Inshore Fishing Association - IFA Redfish Tournment EP 08/11/2008 08/17/2008 125 60 240 45,313 Subtotal April, 2008 1. Meetings 125 240 $45,312.50 June, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value United Way of Southern Cameron County DT 08/05/2008 40 20 60 14,500 Revised Lead Date Change United Way of Southern Cameron 08/08/2008 County Retreat EP 06/18/2013 1,500 960 2,997 543,750 Valero Bike to the Beach EP 10/04/2008 3,500 500 650 1,268,750 Valero Bike to the Beach 10/06/2008 Peoples Baptist Church AZ 11/30/2008 1,000 20 80 362,500 1st Annual Southwest Conference On Prayer & Revival 12/03/2008 Subtotal June, 2008 3 Meetings Repeat Business 4,540 790 $1,645,750.00 September, 2007 Rep Meeting Dates Attendance Peak Rooms $ Value Texas International Boat Show EP 04/24/2008 1,300 300 1,300 471,250 Texas International Boat Show 04 /29/2008 Association Of Water Board Directors - Texas EP 06/18/2013 1,500 960 2,997 543,750 Annual Summer Conference 06/22/2013 Subtotal September, 2007 2 Meetings 2,800 4,297 $1,015,000.00 November, 2007 Rep Meeting Dates Attendance Peak Rooms $ Value Coastal Bend Youth Soccer Association VII 11/23/2007 1,200 10 20 435,000 Annual Thanksgiving Tournament 11/25/2007 Coastal Bend Youth Soccer Association YH 11/30/2007 1,800 10 30 652,500 Western District Playoffs 12/02/2007 Subtotal November, 2007 2 Meetings 3,000 50 $1,087,500.00 December, 2007 Rep Meeting Dates Attendance Peak Rooms $ Value National Guard Association Of Texas Annual Meeting WIL 03/25/2011 03/27/2011 1,500 500 1,525 543,750 Subtotal December, 2007 1 Meetings 1,500 1,525 $543,750.00 January, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value Baptist General Convention of Texas Revised Lead BGCT Annual Convention Date Change YH 10/24/2012 10/30/2012 6,575 1,260 0 2,383,438 -272- Corpus Christi SFA Subtotal January, 2008 1 Meetings http: / /sfa.corpuschristicvb.com/ reports /index.cfn ?action= print_detinit... 6,575 0 $2,383,437.50 March, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value Texas Municipal League Annual Conference & Exhibition YH 10/27/2010 10/30/2010 2,300 625 2,335 833,750 Subtotal March, 2008 1 Meetings 2,300 2,335 $833,750.00 May, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value Fullness of Truth DT 03/31/2011 3,000 100 205 1,087,500 Conference (New Springtime of Catholic Evangelization) 04 /03/2011 Texas FFA Association EP 07/07/2012 9,000 2,100 7,505 3,262,500 Annual Convention 07/13/2012 Subtotal May, 2008 2 Meetings 12,000 7,710 $4,350,000.00 June, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value John Deere EP 10/27/2008 25 25 367 9,063 John Deere Training Program AMS 11/21/2008 John Deere EP 12/01/2008 80 160 1,360 29,000 John Deere Training Program AMS 12/19/2008 John Deere EP 01/20/2009 80 95 1,375 29,000 John Deere Training Program APP 03/15/2009 John Deere EP 01/23/2009 80 140 1,715 29,000 John Deere Training Program AMS 02/16/2009 John Deere EP 01/26/2009 80 95 711 29,000 John Deere Training Program CEP 02/12/2009 No Child Left Behind DT 11/04/2010 1,000 175 765 362,500 NCLB Parent Involvement Conference 11/06/2010 Subtotal June, 2008 6 Meetings 1,345 6,299 $487,562.50 July, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value Texas Skills USA Leadership & Skills Championship 2010 EP 03/23/2010 03/28/2010 5,000 1,300 3,800 1,812,500 Subtotal July, 2008 1 Meetings Repeat Business;Prospecting; 5,000 3,800 $1,812,500.00 August, 2007 Rep Meeting Dates Attendance Peak Rooms $ Value American GI Forum of the United States DT 03/25/2008 150 60 250 54,375 60th Annual Mid Year Conference 03/29/2008 United Methodist Church, Rio Grande Conference DT 06/12/2008 275 65 170 99,688 Rio Grande Conference 06/14/2008 Fullness of Truth DT 03/04/2010 3,000 100 0 1,087,500 Conference (New Springtime of Catholic Evangelization) 03/07/2010 United Methodist Church DT 06/03/2014 1,300 650 2,030 471,250 Southwest Texas Annual Conference 06/07/2014 Subtotal August, 2007 4 Meetings September, 2007 Rep Meeting Dates 4,725 Attendance Peak 2,450 $1,712,812.50 Rooms $ Value -273- Corpus Christi SFA I United Methodist Church Southwest Texas Annual Conference htt p:// sfa. corpuschristicvb. com/ reports / index. cfm7action=print_deiinit.. DT 06/02/2015 06/06/2015 1,300 650 2,030 471,250 Subtotal September, 2007 1 Meetings 1,300 2,030 $471,250.00 October, 2007 Rep Meeting Dates Attendance Peak Rooms $ Value Texas Counseling Association WIL 11/07/2007 258 258 686 93,525 Annual Fall Conference 11/10/2007 Episcopal Diocese Of West Texas DT 02/17/2010 1,200 400 880 435,000 Diocesan & Council Meeting 02/20/2010 Episcopal Diocese Of West Texas DT 02/19/2013 1,200 400 880 435,000 Diocesan & Council Meeting 02/24/2013 Subtotal October, 2007 3 Meetings 2,658 2,446 $963,525.00 November, 2007 Rep Meeting Dates Attendance Peak Rooms $ Value Unified Pentecostal Local Churches, Incorporated DT 07/21/2008 1,500 150 520 543,750 Annual State Convention 07/26/2008 Texas Association for the Gifted and Talented DT 05/05/2009 600 200 415 217,500 Conference By The Sea 05/09/2009 Texas Association for the Gifted and Talented DT 05/04/2010 600 200 415 217,500 Conference By The Sea 05/05/2010 Subtotal November, 2007 3 Meetings 2,700 1,350 $978,750.00 December, 2007 Rep Meeting Dates Attendance Peak Rooms $ Value Armstrong McCall Beauty Supply DT 04/17/2008 800 200 502 290,000 Armstrong McCall Regional Show 04 /22/2008 Texas Transportation Institute WIL 08/07/2009 1,000 485 1,301 362,500 Design Bridge Conference 08/12/2009 Education Service Center, Region 2 DT 12/01/2009 800 400 1,605 290,000 Texas State Conference on Autism 12/04/2009 Texas Chapter of the National Emergency Number WIL 08/19/2011 500 275 835 181,250 Association 08/24/2011 Texas NENA Conference Subtotal December, 2007 4 Meetings 3,100 4,243 $1,123,750.00 January, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value Texas Army National Guard DT 04/14/2008 100 50 200 36,250 Food Service Workshop 04/18/2008 Christian Congregation of Jehovah's Witnesses DT 08/15/2008 6,000 870 2,715 2,175,000 Annual District Convention 08/17/2008 Subtotal January, 2008 2 Meetings 6,100 2,915 $2,211,250.00 February, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value United Methodist Church DT 06/04/2008 60 60 205 21,750 Southwest Conference Overflow Room Block 06/07/2008 Christian Congregation of Jehovah's Witnesses DT 08/22/2008 6,000 870 2,853 2,175,000 Annual District Convention 08/24/2008 Realms Con DT 09/04/2008 1,000 100 300 362,500 Realms Con Trade Show 09/07/2008 -274- Corpus Christi SFA Greater Love Missionary Baptist Church Greater Love Womens Conference http:// sfa. corpuschristicvb .com/reports/index.cfrn ?action =print definit.. DT 09/26/2008 09/28/2008 50 50 100 18,125 Subtotal February, 2008 4 Meetings 7,110 3,458 $2,577,375.00 March, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value United Methodist Church DT 06/02/2009 60 60 205 21,750 Southwest Conference Overflow Room Block 06/06/2009 Unified Pentecostal Local Churches, Incorporated DT 07/20/2009 1,500 150 489 543,750 Annual State Convention 'DT 07/25/2009 150 80 180 54,375 Texas Federation Of Women's Clubs DT 04/14/2010 150 50 168 54,375 Texas Federation of Women's Clubs Spring Installation Conference 04/16/2010 Knights Of Columbus, Texas State Council DT 04/26/2010 2,500 700 1,620 906,250 Annual Spring Convention 05/02/2010 Southern Baptists of Texas Convention DT 11/14/2010 2,500 275 755 906,250 Annual 2010 Convention 11/17/2010 Subtotal March, 2008 5 Meetings 6,710 3,237 $2,432,375.00 April, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value Folldorico Etc. Tasia Marie Silvas Folkorico Festival DT 06/29/2008 07/05/2008 100 40 220 36,250 Subtotal April, 2008 1 Meetings 100 220 $36,250.00 May, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value HEB Grocery Company DT 08/19/2008 300 230 250 108,750 HEB Meeting & Expo 08/21/2008 Texas Army National Guard DT 09/07/2008 100 100 500 i 36,250 2008 Supply Sergeants Conference 'DT 09/12/2008 150 80 180 54,375 Believers Christian Center DT 05/21/2009 100 55 100 36,250 Women's Retreat 05/23/2009 Subtotal May, 2008 3 Meetings 500 850 $181,250.00 June, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value Education Service Center, Region 2 DT 11/07/2008 300 30 40 108,750 Education Service Center Region 2 Conference "Technolgy in 11/08/2008 Action" DT 04/23/2009 600 80 130 217,500 Texas State Holmes Council 'DT 01/21/2009 150 80 180 54,375 Texas State Holmes Council Annual Meeting 01/24/2009 Subtotal June, 2008 2 Meetings 450 220 $163,125.00 July, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value Texas Criminal Justice Information Users' Group DT 04/19/2009 120 50 200 43,500 Texas Criminal Justice Information Users Group 04/24/2009 Church of Jesus Christ Apostolic DT 04/23/2009 600 80 130 217,500 Revised Lead Church of Jesus Christ Apostolic General Conference 04 /26/2009 Subtotal July, 2008 2 Meetings TEAMS March, 2008 Rep Meeting Dates 720 330 8281,000.00 Attendance Peak Rooms $ Value -275- Corpus Christi SFA http: / /sfa.corpuschristicvb.com/ reports /indexcfn ?action-- print_definit.. Mid American Youth Basketball - MAYB EP 04/11/2008 500 50 100 181,250 Spring Tournament DT 04/13/2008 350 292 1,111 126,875 Mid American Youth Basketball - MAYB EP 05/30/2008 750 75 150 271,875 1st Summer Tournament DT 06/01/2008 100 40 120 36,250 Mid American Youth Basketball - MAYB EP 07/11/2008 1,000 100 200 362,500 2nd Summer Tournament FP 07/13/2008 75 75 0 27,188 Subtotal March, 2008 3 Meetings Telemarketing 2,250 450 $915,625.00 January, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value Navy League of the United States, Corpus Christi Council National Convention DT 10/27/2009 10/31/2009 350 292 1,111 126,875 Subtotal January, 2008 1 Meetings The Reunion Network 350 1,111 $126,875.00 January, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value USS Chevalier DD /DDR 805 DT 09/08/2008 130 65 300 47,125 Military Reunion - 09/13/2008 Corpsman United, USN DT 10/16/2008 100 40 120 36,250 Corpsman United, USN 10/18/2008 Subtotal January, 2008 2 Meetings Third Party Planner 230 420 $83,375.00 May, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value Glass Doctor & Mr. Electric / Helms Briscoe Glass Doctor /Mr. Electric Conference 2009 EP 01/24/2009 01/29/2009 350 280 888 126,875 Subtotal May, 2008 1 Meetings TSAE 350 888 $126,875.00 September, 2007 Rep Meeting Dates Attendance Peak Rooms $ Value Texas Association Of Counties Law Enforcement Regional Meeting FP 02/26/2008 02/27/2008 20 10 20 7,250 Subtotal September, 2007 1 Meetings 20 20 $7,250.00 November, 2007 Rep Meeting Dates Attendance Peak Rooms $ Value Texas Association of Assessing Officers Annual Conference WIL 08/26/2011 08/31/2011 500 350 1,732 181,250 Subtotal November, 2007 1 Meetings 500 1,732 $181,250.00 January, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value Amusement and Music Operators of Texas (AMOT) YH 07/08/2008 75 75 185 27,188 AMOT State Convention 07/13/2008 Federation Of Insurance Women Of Texas YH 10/21/2009 300 201 585 108,750 FIW Meeting 10/24/2009 Amusement and Music Operators of Texas (AMOT) FP 07/14/2010 75 75 0 27,188 AMOT State Convention 07/17/2010 -276- Corpus Christi SFA Texas Center For The Judiciary 2010 Judicial Section Annual Conference FP http:// sf a. corpuschristicvb .com/reports/index.cfm ?action= print_definit.. 09/21/2010 09/24/2010 600 600 1,830 217,500 2008 4 Meetings 1,050 2,600 $380,625.00 February, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value Texas Association of Community Development Corporations 2008 Texas Community Development Conference FP 03/12/2008 165 95 239 59,813 Texas Association for School Nutrition TASN Annual Conference 2008 Overflow VII 06/06/2008 06/11/2008 50 295 1,135 18,125 2 Meetings 215 1,374 $77,937.50 March, 2008 Rep Meeting Dates Attendance Peak Rooms $ Value • Texas Association of Community Health Centers, Inc. 2008 Regional Board Training Vii 04/24 /2008 40 10 20 14,500 Texas Economic Development Council 2009 TEDC Summer Meeting FP 07/21/2009 07/24/2009 100 90 180 36,250 Subtotal March, 2008 2 Meetings Website February, 2008 Rep Meeting Dates 140 200 $50,750.00 Attendance Peak Rooms $ Value Workforce Solutions Golden Crescent Staff Retreat DT 08/01/2008 08/03/2008 225 70 200 81,563 Subtotal February, 2008 1 Meetings May, 2008 Rep Meeting Dates 225 Attendance Peak 200 $81,562.50 Rooms $ value Carmedic Carmedic Annual Meeting DT 01/07/2009 01/11/2009 130 40 130 47,125 Subtotal May, 2008 1 Meetings • July, 2008 Rep Meeting Dates 130 Attendance Peak 130 $47,125.00 Rooms $ Value Mellish Coastal Extravaganza Mellish Coastal Extravaganza DT 07/05/2010 07/10/2010 120 50 240 43,500 Subtotal July, 2008 1 Meetings 120 240 $43,500.00 Grand Total 162 Meetings 155,073 130,324 656,213,962.50 Print this Page Close Window -277- 18 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Port of Corpus Christi Authority (POCCA) Annual Report OUTSIDE PRESENTER(S): Name Title /Position Organization 1. John LaRue Executive Director POCCA 2. Frank C. Brogan Deputy Port Director POCCA 3. PowerPoint Supplemental Information El -281- leir..a j r ... 71S.2 tlifilanj it lerrtart . ltrsi ori 14 141117: . ,1""41, "P".11 "I'll """" -' Pif "4 HE' ' ,g EE-ill Ell El ill All Ai TEES' _EIL. ELIE 91.,4:: --ia4 ...... ...- ...- . Ar :g it 1.'hhi :h 44 gggggh :IF 12 '' -41. SI ht. Tri Tri Et ,ii IS ha :P 4q 1 1H if Aa Er ih lic_41. Tri _Et ......... ... .... : . , .-Ar. ....,.. .. .. ... .. ...... .. Fill II ggr.:: glII N ! N 'Pli ggIIg: ir I Rig! .iij III,,,JIgg TII ..g.g..,IIII.JIII grig...gIgg.F. „g„,,,,,,,,,,,,ggg .. ...... . ... ...... .. . AM...hi F.EA 0:' it cl*ti, gg 'gig Igeggiggggg gg III gglIg IT"::". 1"."1" IA so."" ""1. ' "I ' 111 ir 114 14! gg gg EL Ell. El _Eill_ lillE5 :EWE NEE; 192ElE 12E12. 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Current Corridor & Part of MPO egional Plan and Future Industrial am Waterborne * Corridor is on National Hi. hway Transportation Facilities Along System (NHS) 9-Mile-Long Inner Harbor 14 Port of Corpus Chri bluthorify - 2008 Channe Improvement Project Pro • • - • Improvements .i, .,"/ 2:: / ... 36 . . j .., . No )eepei m / g ApANsAs 3,3 , c.f La Cuinta PAC .4, . 141 r I 33 •t'f-n.3r3-.1 53.3A A frViktUV4), .__S. 'Ur-1331'1j DeTpn or \ . . W dlri Er, N / r. 'innei Approx Inner Ha:eb „........_.„.......e-M, -- ' l*Calfsk4, ''/ 1'33. ..; — . , ,-'-' ... netzncl lA La 0 1 I'Ll C 1.11111C1 e' 2JC ‘4.3, - 3, -N■ , „, 3 -13 13 I \ , 71 2 a', ''''''''''''''3,..3. ' . ''.. L..•-•,,Y-------3-=3.:- • --',./ . - / • , . , - l , D . . , , 1 I r..„ r 'ORPUS ' -4, ..-•.. Vii - oil 0.3en Bat -3, tc> -rri- MI T . CHRISTI \ C obrAng Pori i , / \ r crora \ \ . 43Iii. Tu E.30' crEL \ war Arad Ildrric Shar...“ IIIIIa r ' 7 ll■ 3356 ...... rr, t. a rj '-a-r.a_r_r.IA.-Hrr -I '33 [ -._. 3-I..r. a -H.L-fa , is ,. , - '.•* 1 ----L' . fuL3,ti Add..i.r. ral , Ilrnacy Mr orirl / -'-' ( wl / acn etindlenelizial .-, — IJse So, 17 . / " r / \ Port of Corpus Chri i Authority - 2008 - -x - - - c cpc� co co 0 03 CI) 3 to ha ~K CD 1 oo CA cry th 1 1 .1 1 1 D coo,o olei a L 19 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Downtown Management District Annual Report STAFF PRESENTER(S): Name 1. Irma Caballero 2. 3. OUTSIDE PRESENTER(S): Name Title /Position Department Director of Economic Development Title /Position Organization 1. Heidi Hovda 2. 3. BACKGROUND: DMD Interim Director REQUIRED COUNCIL ACTION: PowerPoint Supplemental Information X -297- Irma Caballero Director of Economic Development CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT 2008 ANNUAL REPORT September 30, 2008 Building on Success • Planning for the Future A Brief Synopsis THE NUMBERS • 189 Tax - Paying Properties • 97 Individual Property Owners • $133,000,000 Appraised Value (stagnant from last year) • $160,000 Assessments for 2008 -2009 DMD District Map 1 -37 — Kinney St. Lower Broadway — T -Heads DMD SUCCESSES 2007 -2008 PASSAGE OF THE DMD PETITION 2008 -2013 • 54.57% signatures gathered, mostly from property owners with less than 5% of land surface area and less than 5% land value. • Assessment rate unchanged from 2003 -2008 Petition • Projects and Services will continue to include: •Event Space Development — $35,000 /year •Downtown Improvements — $45,000 /year •Advertising and Promotions — $30,000 /year •Sidewalk Ambassador — 540,000/year •Contingency — $18,000 /year DMD'S SUCCESSES 2007 -2008 PASSAGE OF THE DMD PETITION 2008 -2013 • Property Owners' Comments •Excited about upcoming residential developments in DTOWN and around the outlying areas. •Feel the redevelopment of Memorial Coliseum as an anchor is key component to DTOWN's progress. •Have concerns regarding the security of DTOWN. •Overall, the property owners seemed cautiously optimistic about the future of DTOWN. DMD SUCCESSES 2007 -2008 PARTNERSHIPS — City of Corpus Christi • Downtown Vacant Building Ordinance •Worked with Neighborhood Services Department to develop an ordinance that would address vacant buildings in DTOWN and the surrounding area. •Developed closer communication with Code Enforcement with monthly status reports and direct communication with potential violations. DMD SUCCESSES 2007 -2008 PARTNERSHIPS - City of Corpus Christi • ADOPT DTOWN •Worked with Economic Development Department to make DTOWN sparkle for the Texas International Boat Show. •Purchased landscaping materials and provided staff support to help make the event a success. DMD SUCCESSES 2007 -2008 PARTNERSHIPS - COUNCILMAN JOHN MAREZ • Graffiti Summit •Councilman John Marez developed a consortium of City Leaders and Organizations to address graffiti concerns in the City of Corpus Christi. •DMD is partnering with K Space aa l Contemporary to develop a Public Art Wall. This project will proceed pending approval from the City of Corpus Christi. DMD SUCCESSES 2007 -2008 PARTNERSHIPS — RTA • DTOWN Tram •The RTA donated a 48 passenger tram for use in the downtown area. •DMD sponsors large events to help move people in the downtown area. (Texas Intl Boat Show, Festival of the Arts) •DMD leases the tram to venues in the downtown area so that it is self - sustaining. DMD SUCCESSES 2007 -2008 PARTNERSHIPS — DTOWN Retail Businesses • Cooperative Advertising Programs •Holiday Wish Book and 125th Caller Times Anniversary. •DMD subsidizes up to 85% of the price of the ads. •DTOWN Business Owners appreciate the value they receive in having the opportunity to advertise. DMD SUCCESSES 2007 -2008 PARTNERSHIPS —Arts and Cultural Commission • Festival of the Arts •Arts and Cultural Commission held Festival in DTOWN at the Art Center of Corpus Christi. •DMD Sponsorship included printed maps of public art in the downtown area. •DMD Sponsorship included DTOWN Tram Public Art Tour of the Bayfront Area. DMD SUCCESSES 2007 -2008 ONGOING PROJECTS — Landscaping /Cleaning •DMD is committed to maintaining clean, pedestrian - oriented streets for future residents and visitors to DTOWN. •The DMD collects 29 tons of trash a year with our trash receptacles and sweeper. •Landscaping helps to make the DTOWN neighborhood look inviting. DMD SUCCESSES 2007 -2008 ONGOING PROJECTS — Sidewalk Partnership Grants •DMD partners with Property Owners to fix and beautify sidewalks in DTOWN •This year, two additional property owners took advantage of the Sidewalk Partnership Grant. (J. Golden Properties and Bayview Tower) THE DMD HAS GIVEN $24,955.50 IN SIDEWALK PARTNERSHIP GRANTS TO DTOWN PROPERTY OWNERS. DMD SUCCESSES 2007 -2008 VIVA ONGOING PROJECTS — Events •From ARTWaIk, A Taste of DTOWN, Mardi Gras in DTOWN and Luncheon on the Grass, the DMD brings activity in DTOWN. ? •The DMD also sponsors other groups %,,o events in DTOWN: Festival of the Arts, ,.- South Texas Celtic Music Association, K SPACE Urban Street Party and many more! '' EVENTS HELP MAKE DTOWN THE COMMUNITY'S NEIGHBORHOOD! UPDATE ON VACANT BUILDINGS THE NUMBERS •14 VACANT BUILDINGS IN DTOWN (down from 20 last year) •7 NOT FOR SALE or NOT FOR LEASE •6 FOR LEASE •1 FOR SALE •3 IN DEVELOPMENT PLANNING FOR THE FUTURE RESIDENTIAL DEVELOPMENT •Partner with CCPD to deal with security concerns to address perception of DTOWN as unsafe. •Develop events to entice DTOWN residents. •Discover new funding mechanisms for future residential development in DTOWN. •Continue projects and services that create friendly, pedestrian - oriented streets and unique neighborhood environment. PLANNING FOR THE FUTURE DEVELOPMENTS IN AND OUTSIDE OF THE DISTRICT Continue to advocate for City projects: Memorial Coliseum, Bayfront Master Plan, DTOWN Wayfinding Signage (BOND 2008), Downtown Redevelopment Committee Recommendations. •Continue to advocate for issues concerning DTOWN property owners: Development of a Third Pump Station. •Continue to encourage and support retail support in DTOWN. PLANNING FOR THE FUTURE COMING SOON TO A DTOWN NEAR YOU! •Public Market - an open air market with live entertainment •Public Art Wall - to encourage public art and discourage graffiti •Continued use of La Retama Park as an event space - "Movies Under the Stars" in the Fall of 2008 •Partnering with CC Police Department to address security concerns in DTOWN •Partnering with TAMU -CC interns to extract demographic data to be used by developers interested in the downtown area NORMA URBAN "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has." — Margaret Mead CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT 2008 ANNUAL REPORT September 30, 2008 Building on Success • Planning for the Future 20 CITY COUNCIL/ AGENDA MEMORANDUM City Council Action Date: August 19, 2008 AGENDA ITEM: Resolution authorizing the City Manager, or designee to execute a two year Interlocal Cooperation Agreement with the Corpus Christi Downtown Management District in the amount of $145,000 for fiscal year 2008 -2009 and between $145,000 and $160,000 for fiscal year 2009 -2010 for assistance in the redevelopment of downtown Corpus Christi. ISSUE: Over the past several years, the City has provided funds to assist the Downtown Management District's development and redevelopment activities in the downtown area. The term of the agreement is two years from August 1, 2008 through July 31, 20010. Funding for 2008 -2009 was previously approved by City Council on July22, 2008; Funding for 2009 -2010 is contingent upon annual appropriation of funds. REQUIRED COUNCIL ACTION: Passage of resolution to authorize the execution of this agreement. PREVIOUS COUNCIL ACTION: The Agreement was previously approved by City Council on August 21, 2007 for fiscal year 2007 -2008. CONCLUSION AND RECOMMENDATION: Staff recommends authorization to execute the agreement. Irma Caballero, Director Economic Development —311— BACKGROUND INFORMATION In fiscal year 2004 -2005, the City of Corpus Christi and the Corpus Christi Downtown Management District desired to enter into an Agreement pursuant to the Interlocal Cooperation Act to provide for downtown Corpus Christi redevelopment. The District would assist the City in its downtown development and redevelopment activities and coordinate activities with the City. The City agreed to pay the District the sum of $80,073 for work performed during fiscal year 2004 -2005 upon receipt and approval of the annual report provided by the District which would describe each project undertaken, its status, and amounts expended on each project. The District agreed to record revenues, expenditures, and a balance sheet on a monthly basis, and submit such records to the City on a quarterly basis. The District also agreed to provide the City with prepared financial statements in accordance with Generally Accepted Accounting Principles, and an audited financial statement with supporting documents upon completion. The annual report for 2007 -2008 shall be provided to the City Council on September 30, 2008. The following Financial Requirements and Performance Measures have been added to the Agreement: Financial Requirements 2.1. The City agrees to pay the District a total of $145,000 for Fiscal Year 2008 -2009, in four quarterly payments for work performed during Fiscal Year 2008 -2009. The City also agrees to match the District revenue from taxes at a minimum of $145,000 and up to a total of $160,000 for Fiscal Year 2009 -2010, in four quarterly payments, for work performed during Fiscal Year 2009 -2010. Performance Measures a. Formation and staffing of a residential development task force to assist developers of property within the district 1. Production and distribution of marketing material on opportunities for residential investment 2. Work cooperatively with the Economic Development Department to promote redevelopment of downtown ' 3. Work as a liaison with developers regarding code enforcement issues and requirements, and provide contact information for various City services (i.e. Neighborhood Services, Delalqprnent Services, Economic Development) enforcement requirements 5. Identify downtown development needs and proactively work with the City's Economic Development Department in addressing those issues. 6. Advocate any special consideration in zoning and government approval for development of downtown. b. Funding of a Downtown Merchant's Association Cooperative Marketing Program with no less than 4 members. 1. DMD will budget no less than five thousand dollars for joint advertising by Downtown Merchants 2. The group will have the task of devising and producing cooperative marketing for Downtown retailers 3. Report to the Downtown Management District on issues and concerns expressed by the Downtown Merchants Association d.1. Support the City's efforts with the annual Adopt Downtown project g. Increase taxable retail sales within the district 1. The district will be required to obtain the required sales tax reports from the State Comptrollers Office. —313— RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A TWO YEAR INTERLOCAL COOPERATION AGREEMENT WITH THE CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT IN THE AMOUNT OF $145,000 FOR FISCAL YEAR 2008 -2009 AND BETWEEN $145,000 AND $160,000 FOR FISCAL YEAR 2009 -2010 FOR ASSISTANCE IN THE REDEVELOPMENT OF DOWNTOWN CORPUS CHRISTI NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, to execute a two year interlocal cooperation agreement with the Corpus Christi Downtown Management District in the amount of $145,000 for Fiscal Year 2008 -2009 and between $145,000 and $160,000 for Fiscal Year 2009 -2010 for assistance in the redevelopment of downtown Corpus Christi. A copy of the interlocal cooperation agreement is attached to this resolution. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: 24th day of September, 2008. R. Jay'Relfing / First Assistant City Attorney For City Attorney DMD Resolution 09242008 —314— 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 DMD Resolution 09192008 -315- 2 INTERLOCAL COOPERATION AGREEMENT 2008 -2010 This Interlocal Cooperation Agreement ( "Agreement ") is made between the Corpus Christi Downtown Management District ( "District "), created under Chapter 375 of the Texas Local Government Code, and the City of Corpus Christi, Texas ( "City'), a municipal corporation. WHEREAS, the District and the City desire to enter into an Agreement under the Inter local Cooperation Act to provide for Downtown Corpus Christi redevelopment ( "Project "); Now, therefore, in consideration of the mutual covenants in this Agreement, the City and the District (each, "Party ") authorized by appropriate actions of their governing bodies, agree as follows: I. SERVICES 1.1. The District shall provide the following services to provide for the redevelopment of Downtown Corpus Christi: a. Work in conjunction with the City to develop ways to encourage and promote commerce in Downtown Corpus Christi. b. Maintain, continue and enhance the current level of projects, which provide for a more pedestrian friendly environment and encourages commerce, retail, and residential activities in Downtown Corpus Christi, it is currently delivering: i. Sidewalk and curb sweeping. ii. Landscaping. iii. Event activities. iv. Marketing. v. Park enhancements. c. Assist the City in its downtown development and redevelopment activities, and coordinate its activities with the City. d. Continue its mission to act as a catalyst to strengthen downtown's economic base through a) ensuring programs to improve image of Downtown Corpus Christi, b) increase attractiveness through maintenance, and c) assure cleanliness and safety of Downtown Corpus Christi. e. Promote the development and expansion of residential housing projects within Downtown Corpus Christi. 2008 DMD Contract rir 09192008 Page 1 of 8 —316— f. Assist the City with code enforcement and rehabilitation projects within Corpus Christi, including ensuring the proper maintenance of vacant buildings. g. Conduct surveys of the owners of businesses and properties within Downtown Corpus Christi to determine their needs and priorities. h. Work toward the establishment of a downtown merchants association. i. Assist the City with the establishment of a tax increment reinvestment zone or public improvement district to support infrastructure improvements within Downtown Corpus Christi and adjacent areas. j. Establish a baseline for the performance measures in Article IV of this Agreement by November 1, 2008. 1.2. "Downtown Corpus Christi" means the areas within the legal boundaries of the District. 1.3. By May 1 of each year, the District shall prepare and deliver to Director of City Economic Development office, a preliminary plan to deliver services to Downtown Corpus Christi during next fiscal year. b. The preliminary plan must address City Council goals for Downtown Corpus Christi, including plan to increase commerce in Downtown Corpus Christi. 1.4. The District shall provide its final plan ( "Plan "), which outlines the overall objectives of the District, to Director of City Economic Development office no later than August 1 of each year. a. The Plan must describe the plan of action for the upcoming year including a line item budget and significant initiatives. b. Opportunities to develop commerce in Downtown Corpus Christi must be specifically identified and included in the plan. c. Information necessary to describe the District's efforts to help promote and encourage commerce in Downtown Corpus Christi must be included. 1.5. The City agrees to appoint a representative from the City to serve in advisory capacity to the District's Board of Directors. 1.6. The City agrees to have the Mayor or the District's City Council Representative meet with the District's Board of Directors every calendar quarter at the regularly scheduled Board of Director's meetings. II. FINANCIAL REQUIREMENTS 2.1. In consideration for the District's performance under this Agreement, City agrees to pay the District a total of $145,000 for Fiscal year 2008 -2009, in four equal quarterly 2008 DMD Contract rjr 09192008 Page 2 of 8 —317— payments, for work performed during Fiscal year 2008 -2009. The City also agrees to match the District revenue from taxes at a minimum of $145,000 and up to a total of $160,000 for Fiscal year 2009 -2010, in four equal quarterly payments, for work performed during Fiscal year 2009 -2010. a. The quarterly payments will be made in the last month of each calendar quarter. b. The City's payments are contingent upon receipt of the District's Annual Report for each fiscal year, as required by Section 3.3 of this Agreement, by August 31, of that fiscal year. For example, the September 30, 2009, quarterly payment is contingent on receipt of the 2009 fiscal report by the City on or before August 31, 2009. 2.2. The parties agree and understand that funding under this Agreement is subject to annual appropriations by the City Council, and that each fiscal year's funding must be included in the City's budget for that year. Funding is not effective until the City's budget is approved by the City Council. 2.3. The District shall maintain funds provided under this Agreement in a separate account established for that purpose, and may not commingle City funds with any other funds. a. The separate account is established and clearly identified as General Fund /City Fund. b. The funds provided for under this Agreement must be budgeted for administrative expenses. c. Monies from other District funds may be transferred to the "separate account" to supplement the administrative budget, as long as they are clearly identified and Board of Directors has approved the transfer. 2.4. Expenditures exceeding the total budgeted contract amount must be paid from clearly identified funds of the District. 2.5. Interest earned on funds contributed to the District by the City must be clearly identified, credited, and reflected on the books as resulting from the investment of the funds. The interest earned is available for the District's use. 2.6. The parties agree that receipt of these funds creates a fiduciary duty of the District. 2.7. The District shall provide an independent audit for expenditures of funds allocated under this agreement for each year based on a fiscal year ending July 31. The District shall provide a copy of the independent audit to the City Manager within one hundred twenty (120) days after the end of the District's fiscal year. 2nfR nMn fnnfrart rir fQlf2008 Page 3 of 8 —318— 2.8. The accounting records and independent audit must conform to the accounting standards as promulgated by the American Institute of Certified Public Accountants and to the requirements of applicable state law, so as to include a statement of support, revenues and expenses, and balance sheets for all funds. 2.9. Early reports of an independent audit of the District's expenditures and revenues during the previous fiscal year performed by a Certified Public Accountant under Generally Accepted Accounting Principals (GAAP) must be submitted to the City Manager within one hundred twenty (120) days after the end of each fiscal year that this Agreement is in effect. 2.10. Any funds provided by the City that are not expended during the District's fiscal year must be returned to the City must be returned to the City with the copy of the District's independent audit. 2.11. The books of account of the funds held by the District must be maintained in a form approved by the City's Director of Finance, and must be available for inspection and copying by the Director, or the Director's authorized agents and representatives, during regular business hours of the District. Records must be maintained for at least 3 years after the expiration or termination of this agreement. 2.12. The District's fiscal year begins August 1 and ends July 31. 2.13. The term of this agreement shall be for two years, from August 1, 2008 through July 31, 2010. This agreement may be extended by mutual agreement under the same terms for two additional one year terms, contingent upon the City's annual appropriation of funds. 2.14. The District shall reimburse the City for any funds provided under this Agreement that are expended on anything that is not specifically authorized by this Agreement. 2.15. The continuation and renewal of this agreement is contingent upon the continued existence of the District. III. PERFORMANCE REPORTS. 3.1. Performance Reports: The District shall periodically report to the City Council on its activities and work accomplished. The District shall make any special presentations or prepare specific reports, if requested by the members of the City Council, within 30 days of a request. 3.2. Annual Performance Reports. The District shall provide the City Manager a written annual report on the outcomes of the performance measures presented in the plan for the previous year. The Annual Performance Report is due within sixty (60) days after the end of each fiscal year that this Agreement is in effect. 2008 DMD Contract rjr 09192008 Page 4 of 8 —319— 3.3. The District agrees to provide the City with an Annual Report for fiscal year annually by August 31t. a. The Annual Report must: a. Describe each project undertaken by the District in fiscal year. b. Provide project status. c. The amounts expended on each project. d. Document the success of the District in accomplishing its performance measures for the fiscal year, as specified in Article IV of this Agreement. IV. PERFORMANCE MEASURES. 4.1. The District shall be deemed to have met its performance requirements for the fiscal year upon accomplishment of the following: a. Formation and staffing of a residential development task force, to assist developers of property within the district. 1. Production and distribution of marketing materials on opportunities for residential investment. 2. Work cooperatively with the Economic Development Department to promote redevelopment of downtown. 3. Work as a liaison with developers regarding code enforcement issues and requirements, and provide contact information for various City services (i.e., Neighborhood Services, Development Services, Economic Development). 4. Support the City's efforts to educate downtown owners on local code enforcement requirements. 5. Identify downtown development needs and proactively work with the City's Economic Development Department in addressing those issues. b. Funding of a Downtown Merchant's Association Cooperative Marketing Program with no less than 4 members. 1. DMD will budget no less than five thousand dollars for joint advertising by Downtown merchants. 2. The group will have the task of devising and producing cooperative marketing for Downtown retailers. 3. Report to the Downtown Management District on issues and concerns expressed by the Downtown Merchants Association. Onnn roan rnntrrr rir nal99nna Page 5 of 8 —320— c. The value of property within the District increases from the previous fiscal year due to new construction, improvements, or rehabilitation of property within the District. d.. The District supports the City's Economic Development Department to implement approved Council actions related to downtown improvements, including supporting the City's efforts with the annual Adopt Downtown project. e. The District provides quarterly reports concerning economic, commercial, and demographic data within the District. f. The District continues to improve the cleanliness, landscaping, event activities, marketing, and park enhancement projects currently underway. g. Increase taxable retail sales within the district. The District must obtain the required sales tax reports from the State Comptroller's Office. V. MISCELLANEOUS 5.1. Implementation. The City Manager, or designee, and Executive Director for the District are authorized and directed to take all steps necessary or convenient to implement this Agreement. 5.2. Warranty. This Agreement has been officially authorized by the governing body of the City and the District, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective party to this Agreement. 5.3. Administrative Services, The City and the District agree to provide administrative services necessary to coordinate this Agreement, including providing the other party with a current list of contact information for each party. 5.4. Expending Funds. Any payment made by the District or the City for any of the costs or expenses that either incurs under this Agreement must be made out of current revenues available to the paying party as required by the Interlocal Cooperation Act. 5.5. Term. Once approved by all Parties, the term of this Agreement is August 1, 2008 through July 31, 2010. 5.6. Severability. If any portion of this Agreement, or its application to any person or circumstance, is ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Agreement is not affected and continues to be enforceable under its terms. 5.7. Oral and Written Agreements. All oral or written Agreements between the Parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this Agreement. 2008 DMD Contract rjr 09192008 Page 6 of 8 —321— 5.8. Not for Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 5.9. Immunity Not Waived. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. 5.10. Breach. Any breach of this Agreement now or through the term shall render the Agreement null and void. 5.11. Notices. Any notice, correspondence or payment made pursuant to this Agreement must be made by (a) depositing the same in the United States mail, postage prepaid, addressed as follows, or (b) delivering the same to the other Party. Any notice given in accordance with (a) shall be effective upon deposit in the United States mail, and the addresses of the Parties shall, until changed by written notice, be as follows: To the City: City of Corpus Christi City Manager P. 0. Box 9277 Corpus Christi, Texas 78469 -9277 To the District: Corpus Christi Downtown Management District Attn: President 223 N. Chaparral, Suite A Corpus Christi, Texas 78401 5.12. Amendments or Counterparts. This Agreement may not be amended except by written Agreement approved by the governing bodies of the Parties. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original all of which shall constitute but one and the same instrument. 5.13. Modifications. No officer or employee of any of the Parties may waive or otherwise modify the terms in this Agreement, without the express action of the governing body of the Party. 5.14. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 5.15. Governing Law and Venue. This Agreement is be governed by the laws of the State of Texas. Venue for an action arising under this Agreement is in Nueces County, Texas. nnno nol owing Page 7 of 8 —322— 5.16. Approval. All Parties identified below agree to the provisions and terms of this Agreement. CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT By: Eloy Salazar Chairman Date: ATTEST CITY OF CORPUS CHRISTI By: Armando Chapa Angel Escobar City Secretary Interim City Manager Date: Approved as to legal form: , 2008 By: R. Jay Reining First Assistant City Attorney for City Attorney 2008 DMD Contract rjr 09192008 Page 8 of 8 —323— 21 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 09/30108 AGENDA ITEM: a. APPROPRIATING $129,072.76 FROM NO. 3160 CITY HALL CIP FUND, TRANSFERRING TO AND APPROPRIATING IN NO. 1020 GENERAL FUND FOR PHASE 2 OF THE COMMUNITY VISIONING PROJECT KNOWN AS "BOLD FUTURE "; CHANGING FY 2007 -2008 CAPITAL BUDGET ADOPTED BY ORDINANCE 027546 BY INCREASING APPROPRIATIONS BY $129,072.76; CHANGING FY 2008 -2009 OPERATING BUDGET ADOPTED BY ORDINANCE 027776 BY INCREASING APPROPRIATIONS BY $129,072.76; AND DECLARING AN EMERGENCY. b. AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH TEXAS A&M UNIVERSITY- CORPUS CHRISTI FOR THE PHASE II OF THE COMMUNITY VISIONING PROJECT CALLED BOLD FUTURE. ISSUE: On January 29, 2008, the City Council adopted a Resolution endorsing a community visioning and planning project for the Corpus Christi community and expressed its willingness for the City to be an active participant and partner of this initiative including providing funding to Texas A&M University- Corpus Christi (TAMU -CC) for the initial phase of the project. On April 8, 2008 Phase I funding ($49,410) was approved along with an Interlocal Cooperation Agreement executed with Texas A&M University- Corpus Christi. The agreement expired on July 31, 2008. Phase II of the project will be conducted from August 2008 to September 2009 with the focus of creating a community based vision through a series of meetings and validating the vision through a vision validation survey. At this time, the Bold Future initiative does not anticipate seeking City related funding for Phase III. FUNDING: The. City of Corpus Christi will pay TAMU -CC $132,330 to develop Phase II of the Community Visioning Project. The primary source of funds will be the City Hall CIP Fund ($129,072.76) and the balance ($3,257.24) will come from reserve appropriation. Along with the City funding of $132,330 additional resources of $111,020 (monetary and in -kind) will go toward Phase II from Nueces County, San Pat County, Del Mar College and TAMU -CC REQUIRED COUNCIL ACTION: State law requires that interlocal contracts be authorized by the City Council. CONCLUSION AND RECOMMENDATION: Approval of the resolution for Phase II. ter%Rs -mil-- �� f /ad gel R. Escobar, PE tern City Manager Attachments -327- B ®I Fuitur for the Coastal Bend Institutional Co- Chairs Chris Adler President Del Mar College Board of Regents Dr. Flavius Killebrew President Texas ABM University- Corpus Christi Community Co- Chairs Joe Adame President Joe Adame & Associates, Inc. Robert J. Gonzalez Gonzalez and Gonzalez, LLP Leadership Team Dr. Mary Sherwood Chief of Staff Texas ABM University- Corpus Christi 6300 Ocean Drive Corpus Christi, 1X 78412 -5756 361 -825 -2621 marysherwood @tamucc.edu Claudia Jackson Assistant to the President for Community Relations Del Mar College 101 Baldwin Blvd. Corpus Christi, 1X 78404 -3897 361- 698 -1247 cpclaon @delmar.edu Debbie Lindsey -Opel Community Liaison President Three Dimensional Development, L.L.C. 361 -854 -1300 Gabriel Rivas, Ill Community Liaison President Gabriel Rivas Photography regentgr @sbcgobal.net Chris Davis Garcia BoldFuture Project Manager CG Communications P.O. Box 597 Corpus Christi, IX 78403 361- 698 -2115 christina,garcia @delmar.edu TO: FROM: P. O. Box 597 Corpus Christi, TX 78403 www.boldfuturecoastalbend.org Coastal Bend Community Visioning Project Mayor Henry Garrett and Members of the City Council Mr. Joe Adame and Mr. Robert] Gonzalez Community Co- Chairs Dr. Flavius Killebrew and Chris Adler Institutional Co- Chairs Dr. Mary Sherwood, Texas A &M University- Corpus Christi Claudia Jackson, Del Mar College DATE: September 12, 2008 RE: Request for Phase II Funding BoldFuture for the Coastal Bend Vision Initiative On April 8, 2008, the Corpus Christi City Council approved funding of $49,410 to implement the first of four phases of BoldFuture for the Coastal Bend, a vision initiative designed to provide a positive, inclusive, comprehensive, informed, and professional process to develop a common vision for the region. g The two Phase I deliverables were shared with the City Council on August 26, 2008 — a community profile with data answering the question "Where are we now ?" and results of a telephone survey of 750 residents of Corpus Christi, Nueces County, and San Patricio County. We request your consideration of a funding proposal for Phase II to be conducted during the next year. Phase II will focus on the question "Where do we want to be ?" It will include input from numerous Community Meetings throughout the city, as well as civic and business presentations designed to involve several thousand residents of all ages and backgrounds. Phase II will culminate with a written Vision Statement by Summer 2009 that has been prioritized through wide community involvement and validated by a citizen survey. Phase III, which begins in Summer 2009, will focus on answering the question "How will we get there ?" Phase III will utilize dozens of community residents working together in task forces. We believe the City of Corpus Christi will be the primary beneficiary of the positive outcomes that will be derived from community residents and stakeholders working together to chart our future. Your continued investment in the BoldFuture initiative is a positive step for this community and the region. BoldFuture for the Coastal Bend respectfully requests funding from the City of Corpus Christi in the amount of $132,330. We are attaching additional information, including the PowerPoint materials, to facilitate discussion and questions when we meet with you on September 23, 2008. BoldFuture for the Coastal Bend Phase II Description Guided by a partnership of the City of Corpus Christi, Texas A &M University— Corpus Christi and Del Mar College, and currently supported by Nueces County, San Patricio County, and the San Patricio County Economic Development Corporation, the BoldFuture Initiative is engaging Coastal Bend citizens in a participatory dialogue focused on developing answers to three overarching questions in three phases. Phase I, concluded in August, 2008, answered the question, "Where are we now ?" To answer these questions, Phase I concentrated on these activities: • Developing the Community Profile • Conducting and analyzing results from the Telephone Survey • Assembling an Advisory Committee of more than 60 community leaders • Enlisting the assistance of nearly 70 Ambassadors Phase II -- Create the Vision (August 2008 - Summer 2009, 10 -12 months) Building on these deliverables and the leadership team developed, Phase II is designed to answer the question, "Where do we want to be ?" Specifically, Phase II will: • Build greater consensus on strategic directions for the community • Identify and empower community leaders to reach key community goals • Develop capacity for civil discourse on important community topics • Develop the Community Vision Statement • Conduct the Vision Validation Survey Phase II activities will center on holding a series of participatory, community-based activities as part of the process. During Fall 2008, the BoldFuture Ambassadors will conduct a series of Community Meetings & Presentations throughout the Coastal Bend. The Ambassadors will facilitate local visioning sessions at community meetings across the region, soliciting public thoughts on community values, trends and issues, and aspirations for the future. They will also take shorter presentations on the BoldFuture Initiative to local service clubs and similar community organizations. Input received from these meetings and presentations will be fed into the BoldFuture Database. —329— The community meetings will be replicated at the BoldFuture Website in the form of a downloadable Do- It- Yourself (DIY) Visioning Kit for citizens who would like to conduct their own visioning sessions, as well as an On -Line Visioning Questionnaire for citizens who would simply like to participate as individuals online. Results of all these DIY sessions and on -line questionnaires will also be compiled and added to the BoldFuture Database. Contents of the BoldFuture Database will subsequently be analyzed through "qualitative data analysis" techniques, creating a coded compendium of public input focusing on their aspirations for the future. This qualitative analysis will result in a framework for the vision organized by major themes or "focus areas" — each area populated with a catalog of potential "vision ideas ". These ideas will provide the building blocks for a community vision statement and action plan. In Spring 2009, the focus areas and vision ideas will be presented to the community at a major Community Visioning Workshop open to the public -at- large. At this event, citizens will learn more about the visioning process, hear about key trends and issues affecting the future of the Coastal Bend, discuss their own thoughts and perceptions on the future, review and refine the list of vision ideas developed through community meetings, and register their priority vision ideas. Results will be used in creating a draft vision statement. The Vision Validation Survey will be used to affirm and validate the draft vision statement, and the revised, final BoldFuture Vision Statement will be published and presented to project sponsors, key stakeholders and the wider community. Phase III will answer the question, "How are we going to get there ?" Charting a Course (June 2009 -March 2010, 10 months) Question Addressed: How are we going to get there? Key Activity: Develop a strategic action plan. BF /cj/9/23/08 —330— ORDINANCE APPROPRIATING $129,072.76 FROM NO. 3160 CITY HALL CIP FUND, TRANSFERRING TO AND APPROPRIATING IN NO. 1020 GENERAL FUND FOR PHASE 2 OF THE COMMUNITY VISIONING PROJECT KNOWN AS `BOLD FUTURE "; CHANGING FY 2007 -2008 CAPITAL BUDGET ADOPTED BY ORDINANCE 027546 BY INCREASING APPROPRIATIONS BY $129,072.76; CHANGING FY 2008 -2009 OPERATING BUDGET ADOPTED BY ORDINANCE 027776 BY INCREASING APPROPRIATIONS BY $129,072.76; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $129,072.76 is appropriated from No. 3160 City Hall CIP Fund, transferred to and appropriated in No. 1020 General Fund, for a community visioning project known as "Bold Future "; SECTION 2. That FY 2007 -2008 Capital Budget adopted by Ordinance 027546 is changed to increase appropriations by $129,072.76. SECTION 3. That FY 2008 -2009 Operating Budget adopted by Ordinance 027776 is changed to increase appropriations by $129,072.76. SECTION 4. 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 30th day of September, 2008. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: September 22, 2008 Lisa Aguilar (J Assistant City Attorney for City Attorney Henry Garrett Mayor H:ILEG- DIR \Lisa\2008 ORDINANCES \Interlocal Co5pcNation Agmt with TAMU -phase 2 v 3.DOC 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 —332— RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH TEXAS A &M UNIVERSITY - CORPUS CHRISTI FOR THE PHASE II OF THE COMMUNITY VISIONING PROJECT CALLED BOLD FUTURE. WHEREAS, Texas A &M University — Corpus Christi and Del Mar College have offered to initiate a community visioning and planning effort; and WHEREAS, Texas A &M University — Corpus Christi and Del Mar College have developed a four step prospectus for a visioning and planning process that is both comprehensive and inclusive; and WHEREAS, on January 20, 2008, the City Council adopted a resolution expressing its willingness for the City to be an active participant and partner of this initiative including providing the funding for the initial phase of the project and further directed the City Manager to negotiate an agreement with Texas A &M University and/or Del Mar College to initiate the project; WHEREAS, on April 8, 2008, the City Council adopted a resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with Texas A &M University — Corpus Christi for Phase I of the Community Visioning Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. The City Manager or his designee is authorized to execute an Interlocal Cooperation Agreement with Texas A &M University- Corpus Christi for the second phase of the Community Visioning Project called Bold Future. SECTION 2. The City Manager or his designee is authorized to make editorial and non - substantive modifications and execute amendments to the Interlocal cooperation agreement without further approval of the City Council that do not require the appropriation of additional funds or exceed the City Manager's authority to amend contracts, including, but not limited to, time extensions, modifications to schedule and modifications to scope of work or services. SECTION 3. This Resolution shall become effective immediately upon its passage. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved this September 23, 2008 A°. Lisa Aguilar, A For City Attorney tant City Attorney Henry Garrett Mayor -333- 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 -334- Contract Number: This agreement (including Exhibits) is entered into between the CITY OF CORPUS CHRISTI (CITY), a Texas home -rule municipal corporation, acting herein by its City Manager, duly authorized action of its City Council, and Texas A &M University - Corpus Christi, a member of The Texas A &M University System, an agency of the State of Texas, (TAMU -CC), acting herein by its President, who has been delegated authority to approve interlocal contracts by action of the Board of Regents of the Texas A &M University System, for purposes of the Texas Interlocal Cooperation Act, Texas Government Code, Chapter 791, to achieve efficiency in meeting intergovernmental responsibilities. City and TAMU -CC are collectively referred to herein as the "Parties." WITNESSETH that the CITY and TAMU -CC, in consideration of mutual covenants, promises, and agreements herein contained, agree as follows: 1. PURPOSE TAMU -CC will develop a "Community Visioning Project," (the Project) which is outlined in Attachment "A." The scope of services provided in Phase II of the Project include the following: • To develop a community vision • To print and disseminate a publication detailing the community vision • To fund the analysis of non -survey data • To obtain a community survey • To obtain the services of a community visioning consultant • To obtain the services of a project manager • To fund the meetings and communication necessary for Phase II of the "Community Visioning Project." 2. COMPENSATION AND METHOD OF PAYMENT A. In consideration of the services provided, the City will pay TAMU -CC the sum of $132,330 for the services described in the Budget in "Attachment B." City agrees to make said payment in two installments. The first installment of $66,000 shall be made upon final execution of this Agreement and the second installment of $66,330 shall be made on or about January 31, 2009. TAMU -CC will be the fiscal agent for the Project. Page 1 of 4 -335- 3. TERM OF THE CONTRACT This contract shall commence on or about September 23, 2008, and shall terminate on August 31, 2009. 4. CONTRACT DOCUMENTS The contract documents shall consist of the following (listed in order of precedence) attached to and incorporated as part of this agreement: A. This Executed Agreement B. Attachment "A" — Prospectus for Community Visioning Project C. Attachment "B" — Budget 5. VENUE This Agreement is performable in Nueces County, Texas. Pursuant to Section 85.18, Texas Education Code, venue for any suit filed against TAMU -CC shall be in the county in which the primary office of the chief executive officer of TAMU -CC is located. 6. GOVERNING LAW The validity of this Agreement and all matter pertaining to this Agreement, including but not limited to, matters of performance, non - performance, breach, remedies, procedures, rights, duties, and interpretation or construction, shall be governed and determined by the Constitution and the laws of the State of Texas. 7. SEVERABILITY If any part of this Agreement shall be held illegal, unenforceable, or in conflict with any law, the validity of the remaining portions shall not be affected hereby. 8. ENTIRE AGREEMENT This document constitutes the entire agreement between CITY and TAMU -CC. This document supersedes all oral or written previous and contemporary understandings or agreements related to matters contained herein. This Agreement may not be amended or otherwise altered except by mutual agreement in writing signed by CITY and TAMU- CC. 9. ASSIGNMENT This Agreement is not assignable without express written agreement of CITY and TAMU -CC. Page 2 of 4 -336- 10. INDEMNIFICATION To the extent permitted by the laws and constitution of the State of Texas, both Parties agree to defend, indemnify and hold harmless the other Party, and their respective agents, officers and employees from and against any and all liability or damages incurred in connection with claims for damages of any nature resulting from bodily injury, death, personal injury or property damage arising from the negligent or willful acts or omissions of the indemnifying Party, its agents or employees. No party to this Agreement shall be liable for any negligent or wrongful act to the extent caused by any other party to this Agreement unless (and to the extent that) any such liability is imposed by a court of competent jurisdiction. 11. FORCE MAJEURE Neither party is required to perform any term, condition, or covenant of this Agreement, if performance is prevented or delayed by a natural occurrence, a fire, an act of God, an act of terrorism, or other similar occurrence, the cause of which is not reasonably within the control of such party and which by due diligence it is unable to prevent or overcome. 12. DISPUTE RESOLUTION PROCESS The dispute resolution process provided in Chapter 2009, of the Texas Government Code shall be used by TAMU -CC and the City of Corpus Christi to attempt to resolve any claim for breach of contract made by either party that cannot be resolved in the ordinary course of business. 13. STATE CONTRACTING REQUIREMENTS A. PUBLIC INFORMATION ACT The Parties acknowledge that both Parties to this Agreement are obligated to strictly comply with the Public Information Act, Chapter 552, Texas Government Code, in responding to any request for public information pertaining to this Agreement. B. NON - WAIVER PROVISIONS CITY expressly acknowledges TAMU -CC is an agency of the State of Texas and nothing in this Agreement shall be construed as a waiver or relinquishment by TAMU -CC of its right to claim such exemptions, privileges, and immunities as may be provided by law. 14. NOTICES Any notice required or permitted under this Agreement must be in writing, and shall be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address set out below. Notice may also be given Page 3 of 4 -337- by regular mail, personal delivery, courier delivery, facsimile transmission, email or other commercially reasonable means and will be effective when actually received. TAMU -CC and CITY can change their respective notice address by sending to the other party a notice of the new address. Notices should be addressed as follows: TAMU -CC: Texas A &M University- Corpus Christi 6300 Ocean Drive — Unit 5756 Corpus Christi, TX 78412 -5756 Attention: Mary Sherwood Phone: (361) 825 -2621 Fax: (361) 825 -5810 E -mail: mary.sherwood @tamucc.edu City of CC: City of Corpus Christi 1201 Leopard Corpus Christi, TX 78401 Attention: Angel Escobar, Interim City Manager Phone: (361) 880 -3220 Fax: (361) 826 -3838 E -mail: angele@cctexas.com 15. DEFAULT AND TERMINATION CITY and TAMU -CC may, without cause, terminate this Agreement at any time upon giving thirty (30) days advance notice to either party. In WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. City of Corpus Christi Texas A &M University- Corpus Christi Signature By: By: Signature Name: Printed/Typed Name Title: Name: Flavius Killebrew Printed/Typed Name Title: President Date: Date: September 15, 2008 Page 4 of 4 -338- Attachment A Prospectus for Community Visioning Project Presented by Del Mar College and Texas A &M University- Corpus Christi Background In recent months, the Coastal Bend has experienced considerable differences of opinion as various projects, proposals and ideas that will affect the city's future have come forward. There is also a growing recognition in several arenas that the community must learn to negotiate its differences of opinion in a way that leads to positive outcomes for the future. At the same time, several organizations in the community are beginning or engaged in planning efforts that will affect and be affected by the overall direction of the community. The time is therefore right to launch a community-wide process that builds on these individual efforts and results in a unified vision and action plans that will move the community forward in a more systematic and positive manner. As the two higher education institutions vested in the social and economic vitality of the Coastal Bend, Texas A &M University- Corpus Christi and Del Mar College believe they are uniquely situated to initiate such a process. This prospectus outlines a concept for how the institutions, using a proven model for community visioning, could help the community develop a vision that has broad consensus and the action plans to make the vision reality. Guiding Principles The process that A &M- Corpus Christi and Del Mar College would design will be based on the following principles: • A &M- Corpus Christi and Del Mar will provide an objective arena in which to design and conduct a civil dialogue on the future of Corpus Christi that brings stakeholders together in a productive relationship. • The project structure will include multiple stakeholders and multiple sponsorships. • The resulting vision will be for the community as a whole: economic development, health care, growth, education, quality of life, etc. • The process will include rigorous collection and analysis of data to understand our current position, key emerging trends and issues, and to validate the vision when it is developed • There will be opportunity for broad public involvement from all sectors of the community. • The process will be designed with the assistance of a community visioning expert and will be enriched by the involvement of many institutional and community resources. General Outline/Key Activities/Timeline Phase I (four to six months) • Process design • Research and data collection and analysis to answer the question: Where are we now? Page- 3 3 9— Phase II (nine to twelve months) • Creating and validating the vision: Answers the question: Where do we want to be? Phase III (six to nine months) • Developing an action plan: Answers question: How do we get there? Phase IV (Ongoing) • Implementation and monitoring for accountability: Answers question: How are we doing? General Outcomes of a Visioning Project • Build greater consensus on strategic direction for the community. • Identify and empower community leaders to reach the community's collective goals. • Engage Texas A &M- Corpus Christi and Del Mar College in the community so each can fulfill higher education needs in a way that is consistent with the community vision. • Develop capacity for civil discourse on important community topics. Deliverables of a Visioning Project • Phase I: Community profile, values statement and statement of emerging trends and issues • Phase II: Vision statement • Phase III: Action plan • Phase IV: Strategy to support ongoing implementation. Periodic progress reports to the wider community. Cost and Funding Sources • The cost for similar projects in other cities has been from $250,000 to $500,000. • Typical cost elements from other projects include staff, surveys, meetings, consultants and communications. • If the Council is receptive to the concept, we will develop a budget for Phase I. • Budgets for subsequent phases would be developed during Phase I, based on the process design adopted. • Funding sources could include the city and other stakeholders identified during the design phase. The University and Del Mar College will provide staff time and in- kind contributions. We have already invested $1,500 in consulting costs and many hours of staff time as we considered making this proposal. Pag640- ATTACHMENT `B" Bold Future for the Coastal Bend Phase II Budget for City of Corpus Christi Survey $14,200 Qualitative Data Analysis $16,400 Consultant & Expenses $28,700 Project Manager $22,960 Publications /Web /Ads $20,500 Postage /Mailings $1,640 Meetings $7,750 Mileage $65 Contracted Services $6,750 Miscellaneous /Contingency $13,365 TOTAL $132,330 -341- oo cD 0 a m C 0 C o r L (D 05.v • Cn0 m W m v D 0 - o a D a o0 cD cD a r (D 000G) 0_ 2. 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W TS W I-, -s -0 N W O N n ° O O rr N W -1, O W M 0 O m 3 OS£`£9Z$ 3a2pns 70 al X) C al N e lm ACTIVITIES TO DATE BoldFuture for the Coastal Bend • May 13, 2008, news conference held to announce initiative • May 20, 2008, Kick -Off Meeting held, with 170 attending • Website launched, with on -line vision survey available for stakeholders • Community Profile developed • Telephone survey to 750 households conducted • Presentations made to City of Corpus Christi, Nueces County, San Patricio County Economic Development Corporation, and San Patricio County • June update /newsletter transmitted /mailed to 750 residents • 30- minute television program produced and aired on cable channels and KEDT -TV • English and Spanish public service announcement produced • Database developed to manage communications and track participation • Broad -based and inclusive Advisory Committee formed and first meeting held • Ambassador Orientation conducted • Planning under way for Phase II and beyond September 11, 2008 Institutional Co- Chairs Dr. Flavius Killebrew, TAMU -CC Chris Adler, Del Mar College Community Co- Chairs Joe Adame, Joe Adame & Associates Robert J. Gonzalez, Gonzalez & Gonzalez BoldFuture for the Coastal Bend ADVISORY COMMITTEE (September 10, 2008) Advisory Committee Members Dr. Nick Adame, Community Advocate Dr. Artie Almendarez, Calallen ISD Abel Alonzo, Community Advocate Keith Arnold, Convention and Visitors Bureau Roland Barrera, Regional Transit Authority Victor Bird, Nueces County Jim Bounds, San Patricio County Fred Braselton, Builder Frank Brogan, Port of Corpus Christi Patricia Cardenas, Port of Corpus Christi Mike Carranco, International Brotherhood of Electrical Workers Local Betsy Carrell, Community Advocate John Clements, Sherwin Alumina George Clower, Realtor Yvonne Coovert, Community Advocate Paige Dinn, Community Advocate Scott Elliff, Corpus Christi ISD Butch Escobedo, Butch Escobedo Insurance Billie Erwin, Nueces County Kathy Farrow, San Patricio County MaLinda Faughn, Wesley Community Center Deborah A. Garza, Westside Business Assn. Emilio Gonzales, Nueces County Arthur Granado, Granado & Associates Gabriel Guerra, Kleberg Bank Joe Hilliard, CC Film Society /Arts Commission Gail Hoffman, Associated General Contractors Heide Hovda, Downtown Redevelopment Lois Huff, Coastal Bend Bays Foundation Susan Hutchinson, Davis, Hutchinson & Wilkinson Eddie Jackson - Mathis, Community Advocate Jill Jacobs, Faith -based Betty Lamb, Council of Governments /Aging Tyner Little, Nueces County Commissioners Court Freddie Martinez, Jr., Freddie Records Nelda Martinez, Corpus Christi City Council Trey McCampbell, Vision 2000 Josephine Miller, San Patricio Economic Development Corporation Rev. Alan Mosiman, Faith -based Roland Mower, CC Regional Economic Development Corporation Joel Mumphord, Community Advocate Tom Niskala, Metropolitan Planning Organization Philip Ramirez, Turner /Hickey Architects Annette Rodriguez, City - County Health Department Mary Ann Rojas, Workforce Solutions Joe Schenk, Art Museum of South Texas Paulette Shaw, Nueces County Medical Society Dr. W. Scott Sherman, TAMU -CC Janice Sykora, Citizens for Educational Excellence John Taylor, Associated Builders & Contractors Joan Veith, Community Advocate Dr. Nancy Vera, Community Advocate /Educator Leadership Team Dr. Mary Sherwood, TAMU -CC Claudia Jackson, Del Mar College Gabriel Rivas, Community Liaison Debbie Lindsey -Opel, Community Liaison Kim Womack, City of Corpus Christi Bud Harris, Center for Economic Development Mary McQueen, Texas State Aquarium Sylvia Oliver, City of Corpus Christi Chris Davis Garcia, Project Manager BoldFuture for the Coastal Bend AMBASSADORS Mary Afuso, Del Mar College Roxanne Ashurst, Paisano Council/Girl Scouts Jim Boggs, Del Mar College Ronnie Bounds, City of Corpus Christi JoAnn Canales, TAMU -CC Angela Cantu, YWCA Mary Christmas, CCISD John Clements, Sherwin Alumina Fay Crider, Kailo CS J. Kyle Davidson, Davidson Capital Management, Inc. Hays am Dawod, Del Mar College Bill DeFries, Educator Diane Escoto, Community Advocate Billie Erwin, Nueces County /Community Advocate Josie Everett, City of Corpus Christi Dean Flinn, Del Mar College Denise Garcia, Advocate/Medical Community Roberto Garcia, TAMU -CC Carla Gardiner, Kailo CS Rudy Garza, City of Corpus Christi Ron George, Community Member Brigida C. Gonzalez, MHMR Board Ralph Goonan, Del Mar College William (Bill) Green, Goldston Engineering Lisa Hancock, Merrill Lynch Dr. Crawford Helms, West Oso ISD Gloria Hicks, Ed Hicks Nissan JoAnn Hooks, City of Corpus Christi Heidi Hovda, Downtown Management District Lois Huff, Coastal Bend Bays Foundation Francine Hunt, Frost Bank Tamatha Jackson, Del Mar College Sathesh Janaki, UBS Tony Kailas, Homevestors September 11, 2008 Marcia Keener, Business/Downtown Rotary Mimi Kile, Military Spouse /St. Patrick Church Harvey Knull, TAMU -CC Chere Large, Community Advocate Omar Lopez, Red Cross Chad Magill, Identify Theft Solutions Gilbert Morales, TAMU -CC Student Vicki Natale, Del Mar College Susan Niemi, Coastal Bend Bays Foundation Skip Noe, Community Advocate Salinda Nowell, UBS Financial John Owen, Goodwill Industries Philip J. Perez, Del Mar College student Philip Ramirez, Turner/Hickey Architects M.C. Reeves, Community Advocate Jane Ritter, Coastal Bend Regional Park Foundation Margie C. Rose, City of Corpus Christi John A. Sendejar, City of CC/London ISD Jim Scoville, YMCA -CC Eva Shults, CC Housing Authority Ron Sparks, Dept. for Assistive and Rehabilitative Services Peggy Sumner, Bays Foundation Barbara A. Taylor, Barcom, Inc./Nat'l Assoc. of Women in Construction Angelia Valencia, MA Behaviorial Science /Sociology /Community Advocate Joan Veith, Barrios Assn./LULAC Council #1 Doug Wade, Doug Wade Landscaping Kay Wakeham, The GrowthCoach Lillian Waldbeser, TAMU- CC /TDW Tom Watson, Jr., Nueces Co Animal Control Curtis Whitener, Educator Bill T. Wilson II, WKMC Architects /San Pat EDC Jay Wise, Merrill Lynch ACTIVITIES TO DATE BoldFuture for the Coastal Bend • May 13, 2008, news conference held to announce initiative • May 20, 2008, Kick -Off Meeting held, with 170 attending • Website launched, with on -line vision survey available for stakeholders • Community Profile developed • Telephone survey to 750 households conducted • Presentations made to City of Corpus Christi, Nueces County, San Patricio County Economic Development Corporation, and San Patricio County • June update /newsletter transmitted/mailed to 750 residents • 30- minute television program produced and aired on cable channels and KEDT -TV • English and Spanish public service announcement produced • Database developed to manage communications and track participation • Broad -based and inclusive Advisory Committee formed and first meeting held • Ambassador Orientation conducted • Planning under way for Phase II and beyond September 11, 2008 —350— Institutional Co- Chairs Dr. Flavius Killebrew, TAMU -CC Chris Adler, Del Mar College Community Co- Chairs Joe Adame, Joe Adame & Associates Robert J. Gonzalez, Gonzalez & Gonzalez BoldFuture for the Coastal Bend ADVISORY COMMITTEE (September 10, 2008) Advisory Committee Members Dr. Nick Adame, Community Advocate Dr. Artie Almendarez, Calalien ISD Abel Alonzo, Community Advocate Keith Amold, Convention and Visitors Bureau Roland Barrera, Regional Transit Authority Victor Bird, Nueces County Jim Bounds, San Patricio County Fred Braselton, Builder Frank Brogan, Port of Corpus Christi Patricia Cardenas, Port of Corpus Christi Mike Carranco, International Brotherhood of Electrical Workers Local Betsy Carrell, Community Advocate John Clements, Sherwin Alumina George Clower, Realtor Yvonne Coovert, Community Advocate Paige Dinn, Community Advocate Scott Elliff, Corpus Christi ISD Butch Escobedo, Butch Escobedo hnsurance Billie Erwin, Nueces County Kathy Farrow, San Patricio County MaLinda Faughn, Wesley Community Center Deborah A. Garza, Westside Business Assn. Emilio Gonzales, Nueces County Arthur Granado, Granado & Associates Gabriel Guerra, Kleberg Bank Joe Hilliard, CC Film Society /Arts Commission Gail Hoffman, Associated General Contractors Heide Hovda, Downtown Redevelopment Lois Huff, Coastal Bend Bays Foundation Susan Hutchinson, Davis, Hutchinson & Wilkinson Eddie Jackson - Mathis, Community Advocate Jill Jacobs, Faith -based Betty Lamb, Council of Governments /Aging Tyner Little, Nueces County Commissioners Court Freddie Martinez, Jr., Freddie Records Nelda Martinez, Corpus Christi City Council Trey McCampbell, Vision 2000 Josephine Miller, San Patricio Economic Development Corporation Rev. Alan Mosiman, Faith -based Roland Mower, CC Regional Economic Development Corporation Joel Mumphord, Community Advocate Tom Niskala, Metropolitan Planning Organization Philip Ramirez, Tumer/Hickey Architects Annette Rodriguez, City-County Health Department Mary Ann Rojas, Workforce Solutions Joe Schenk, Art Museum of South Texas Paulette Shaw, Nueces County Medical Society Dr. W. Scott Sherman, TAMU -CC Janice Sykora, Citizens for Educational Excellence John Taylor, Associated Builders & Contractors Joan Veith, Community Advocate Dr. Nancy Vera, Community Advocate /Educator Leadership Team Dr. Mary Sherwood, TAMU -CC Claudia Jackson, Del Mar College Gabriel Rivas, Community Liaison Debbie Lindsey -Opel, Community Liaison Kim Womack, City of Corpus Christi Bud Harris, Center for Economic Development Mary McQueen, Texas State Aquarium Sylvia Oliver, City of Corpus Christi Chris Davis Garcia, Project Manager -351- BoldFuture for the Coastal Bend AMBASSADORS Mary Afuso, Del Mar College Roxanne Ashurst, Paisano Council/Girl Scouts Jim Boggs, Del Mar College Ronnie Bounds, City of Corpus Christi JoAnn Canales, TAMU -CC Angela Cantu, YWCA Mary Christmas, CCISD John Clements, Sherwin Alumina Fay Crider, Kailo CS J. Kyle Davidson, Davidson Capital Management, Inc. Haysam Dawod, Del Mar College Bill DeFries, Educator Diane Escoto, Community Advocate Billie Erwin, Nueces County /Community Advocate Josie Everett, City of Corpus Christi Dean Flinn, Del Mar College Denise Garcia, Advocate/Medical Community Roberto Garcia, TAMU -CC Carla Gardiner, Kailo CS Rudy Garza, City of Corpus Christi Ron George, Community Member Brigida C. Gonzalez, MHMR Board Ralph Goonan, Del Mar College William (Bill) Green, Goldston Engineering Lisa Hancock, Merrill Lynch Dr. Crawford Helms, West Oso ISD Gloria Hicks, Ed Hicks Nissan JoAnn Hooks, City of Corpus Christi Heidi Hovda, Downtown Management District Lois Huff, Coastal Bend Bays Foundation Francine Hunt, Frost Bank Tamatha Jackson, Del Mar College Sathesh Janaki, UBS Tony Kailas, Homevestors September 11, 2008 -352- Marcia Keener, Business/Downtown Rotary Mimi Kile, Military Spouse /St. Patrick Church Harvey Knull, TAMU -CC Chere Large, Community Advocate Omar Lopez, Red Cross Chad Magill, Identify Theft Solutions Gilbert Morales, TAMU -CC Student Vicki Natale, Del Mar College Susan Niemi, Coastal Bend Bays Foundation Skip Noe, Community Advocate Salinda Nowell, UBS Financial John Owen, Goodwill Industries Philip J. Perez, Del Mar College student Philip Ramirez, Turner/Hickey Architects M.C. Reeves, Community Advocate Jane Ritter, Coastal Bend Regional Park Foundation Margie C. Rose, City of Corpus Christi John A. Sendejar, City of CC/London ISD Jim Scoville, YMCA -CC Eva Shults, CC Housing Authority Ron Sparks, Dept. for Assistive and Rehabilitative Services Peggy Sumner, Bays Foundation Barbara A. Taylor, Barcom, Inc./Nat'I Assoc. of Women in Construction Angelia Valencia, MA Behaviorial Science /Sociology /Community Advocate Joan Veith, Barrios Assn./LULAC Council #1 Doug Wade, Doug Wade Landscaping Kay Wakeham, The GrowthCoach Lillian Waldbeser, TAMU - CC/TDW Tom Watson, Jr., Nueces Co. Animal Control Curtis Whitener, Educator Bill T. Wilson II, WKMC Architects /San Pat EDC Jay Wise, Merrill Lynch 22. CITY COUNCIL AGENDA MEMORANDUM September 30, 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. Constance P. Sanchez Interim Director of Financial Sery ices Attachments: Copy of Draft Ordinance Preliminary Official Statement Dated August 20, 2008 —355— 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, intemal 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. —356— 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 Govemment 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 filed 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 -357- 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 -358- 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 I, 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 -359- 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 ofmunicipal 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- -360- 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, -361-- 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 maybe transferred in the Registration Books onlyupon 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 ofassignment, 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 j 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 -362- 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 formprescribed 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 -363- 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 -364- 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 of the 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 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 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. -365- (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 ofany 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- -366- 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 perfornilng 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 -367- 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- -368- comes due, and to provide a sinking fund to pay the principal of the 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 of the 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 of the Certificates, as such interest comes due and such principal matures or comes due through operation of the mandatory sinking fixed 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- -369- 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 may be 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 anytime 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- -370- 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 of the 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 beenprovided 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 of the United States of America sufficient to make such payment or (2) Defeasance Securities that mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the 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 such principal 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- -371- right to the owners of the Defeased Certificates immediately following the making of the payment arrangements; and (3) directs that notice ofthe 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 of America, including obligations that are unconditionally guaranteed by the United States of America, (ii) noncallable obligations of an agency or instrumentality of the United States of America, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date of the purchase thereof are rated as to investment quality by a nationallyrecognized 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- -372- 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 ofPaying 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- -373- 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 any time, 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- -374- 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- -375- (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(b) 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; (f) 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- -376- (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 of the "Excess Earnings," within the meaning of Section 148(0 of the Code and to pay to the United States of America, not later than 60 days after the 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- —377— 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 ofnationally- 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- -378- 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 of the 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 of the 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- -379- (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- -380- "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 fmal 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- -381- (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:iiwww.disclosureusa.arg, -26- -382- unless the SEC has withdrawn the interpretive advice stated in its letter to the MAC dated September 7, 2004. (d) Limitations, Disclaimers, and Amendments. (i) The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an "obligated person" with respect to the 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 may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell 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_ -383- 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 may be amended by the City from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell 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 ofa 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 ofthe Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the _2g_ -384- extent that the provisions ofthis sentence would not prevent an underwriter from lawfullypurchasing 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 anyofthe 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- -385- (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- -386- 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- -387- 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- -388- exceed the maximum amount ofCertificates 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 ofthis Ordinance, unless the context requires otherwise, all references to designated Sections and subsections are to the Sections and subsections ofthis 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- -389- 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- -390- 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- -391- SCHEDULE 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 ($� INTEREST RATES ( %) 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- -392- 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 -393- 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 $5,000), at par and accrued interest to the date fixed for redemption. The years of maturity of the Certificates called for redemption at the option of the Issuer prior to stated maturity shall be -394- selected by the Issuer. The Certificates or portions thereof redeemed within a maturity shall be selected at random and by lot by the Paying Agent/Registrar; provided, that during any period in which ownership of the Certificates is determined only by a book entry at a securities depository for the Certificates, if fewer than all of the Certificates of the same maturity and bearing the same interest rate are to be redeemed, the particular Certificates of such maturity and bearing such interest rate shall be selected in accordance with the arrangements between the Issuer and the securities depository. THE CERTIFICATES are also subject to mandatory redemption in part by lot pursuant to the terms of the Certificate Ordinance, on March 1 in each of the years 20_ through 20_, with respect to Certificates maturing March 1, 20_, in the following years and in the following amounts, at a price equal to the principal amount thereof and accrued and unpaid interest to the date of redemption, without premium: Year Principal Amount ($) *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 -395- 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. -396- 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 City Secretary, City of Mayor, City of Corpus Christi, Texas Corpus Christi, Texas (SEAL) -397- 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, Res re' Ily, Council Members Alt //A ✓, 4 my Ga Mayor, City if 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 -398- 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 -399- 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. -400- *FORM OF COMPTROLLERS 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 -401- 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. -402- 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 -403- 4) 2 E cn u o T. a o� m o c y .E 0. 0 " 3 s= .e `0 m , u ° C W U_ E Eg u 0 0 C 2 U 0 vo •E -Je U w� u >, E Fa C = u 0 0 • , o m o T u n v u "m 2 e u — o o CO U_ L -o V e 0 - ° 14 U -0 824 o 3 w w52c,o.d ° -o U C S U 2 u Pa 32 9 cc s TS 9 14 0 4W.n O S. o • m O _ 0 0 - u o B a. N_ y F 0 Fo 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 I, 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 Attomey 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 —404— 512,000,000' 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. Suffix(» 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) `"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 - -405- 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 I5c2 -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 -406- TABLE OF CONTENTS STATED MATURITY SCHEDULE USE OF INFORMATION IN OFFICIAL STATEMENT CITY ADMINISTRATION SUMMARY STATEMENT SELECTED FINANCIAL AND TAX DATA vi INTRODUCTION viii THE CERTIFICATES SOURCES AND USES OF FUNDS 5 REMEDIES 5 BOND INSURANCE 6 REGISTRATION 6 BOOK - ENTRY -ONLY SYSTEM 6 AUTHORIZED BUT UNISSUED AD VALOREM TAX SUPPORTED BONDS 7 EFFECT OF THE TAX RATE LIMITATION 10 DEBT INFORMATION 10 INVESTMENT POLICY 11 PAYROLL STATISTICS 11 ANNEXATION PROGRAM 14 LITIGATION 15 GASB 34 STATEMENT 16 LEGAL MA 1 1 ERS 16 TAX MATTERS 16 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 802507413 _1v- -407- 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 Hummel', At Large CERTAIN APPOINTED OFFICIALS Name Position George K. Noeltl Angel Escobar Oscar Martinez Margie C. Rose Robert J. Nix, Jr. Cindy O'Brien Mary Kay Fischer Armando Chapa to City Manager Interim Assistant City Manager Assistant City Manager Assistant City Manager Assistant City Manager Director of Financial Services City Attorney City Secretary 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 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 cindvoAcctexas.com 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 @meallison.com 80250741.5 - V - -408- 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 Amounts and Maturities Interest Payment Dates Authority for Issuance Optional Redemption Paying Agent/Registrar Security for Payment • Preliminary, subject to change. 80250741.5 $12,000,000. City of Corpus Christi, Texas Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 2008 (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. The Certificates are stated to mature on March 1 in varying amounts, as shown on the inside cover page of this Official Statement. March 1, 2009 and on each September 1 and March 1 thereafter until maturity or prior redemption. 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.) 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. 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. 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.) - vi - -409- 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 furnishing 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. Them 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. - vil - -410- 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't 267,950,000 Less: Self Supporting Debt $106,884,957 Applicable Interest and Sinking Fund 10.063.710 116.948.667 NET DEBT 1U]5 _ 01 M 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% 111Adjusted to include the Certificates. Preliminary, subject to change. See Page A -1 for more information. [The remainder of this page intentionally left blank.] 80250741.5 - vill - -411- 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 Government 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 - -412- 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 1, 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 $5,000 or any integral multiple thereof, on March I, 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 $5,000 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 80250741.5 - 2 - -413- 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 - -414- 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 Tess 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 surrender 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 - -415- 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 - -416- 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- —417-- 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, govemmental 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 - -418- 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 `blearing 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 80250741.5 - 8 - -419- 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 - -420- 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 corning years as well as the ability of City management to continue to provide efficient City services. 80250741.5 - 10 - —421— 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 less 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 -422- 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 -I 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 (1) the securities loaned under the program are 100% collateralized, a loan made under the program allows for tennination 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 (1) 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 Tess. 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: (I) 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 - -423- 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 (1) 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 tern 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 - -424- 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 $ 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 infomtation) 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. 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 PAYROLL STATISTICS 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 11) This includes full time and summer employees. m Unaudited. 80250741.5 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 - -425- Total Paid by City as Employer $113,361,320 119,307,390 119,682,457 117,901,357 123,857,639 131,555,910 143,176,822 143,277,320 147,153,675 152,335,043 160,315,289 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 GASS 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 - -426- 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 governments 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 - -427- 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 - -428- 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 - 18 - -429- 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) Tess (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 altemative 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 - -430- 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 Govemment 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 - —431— explanation of the significance of such ratings may be obtained from the company fumishing 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: (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 80250741.5 - 21 - -432- 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 NRMSIRs 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 conceming such information or conceming 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 80250741.5 - 22 - -433- 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 15c2 -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(aX2); 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 infonnation. 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. 80250741.5 - 23 - -434- 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 governmental 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 - -435- 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 - -436- [This page intentionally left blank.] 80250741.5 - 26 - -437- 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% of Market Value) $ 16,220,116,351 Less: Exemptions 2,406.781.337 Net Taxable Assessed Valuation" $ 13-813-355-014 General Improvement Bonds Outstanding(2) $ 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") 10,063,710 116.948.667 Net Indebtedness Payable from Taxes $ 151001-333 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 or (2) or im Pursuant to authority permitted by Section I -b, Article VIII of the State Constitution, the City has granted an exemption of S50,000 of market valuation to the residence homestead of property owners over 65 yews of age and an exemption of 550,000 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 53,000, 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 512,000 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 55,000. Since tax year 1982, the City has granted a homestead exemption of 10% of market value or 55,000, 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 Perking and Texas State Aquarium revenues, Lexington Museum, Airport Lease revenues and parking, Reinvestment Zone #2, 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 CERTIPICATFS- Security for the Certificates" in the body of the Official Statement. The Total Interest and Sinking Fund balance as of August 1, 2008 is 516,702,102. After deducting 39.63% or 56,619,032 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 -438- 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. Taxing Body Calallen I.S.D. Corpus Christi I.S.D. Corpus Christi Junior College District Flour Bluff I.S.D. London 1.S.D. Nueces County (excluding special districts) Nueces County Hospital District Nueces County (Port of Corpus Christi) F -M Roads and Flood Control Nueces County Road District No. 4 Nueces County WC &ID No. 4 Port Aransas I.S.D. Robstown I.S.D. Tuloso- Midway I.S.D. West Oso I.S.D. Total Net Overlapping Debt (1) (2) Net Debt(1) S 47,527,439 59,630,000 103,305,000 6,430,000 10,684,616 129,700,000 11,395,000 9,228,002 26,252,707 49,164,995 21,809,994 Percent Overlapping As Overlaooing(2) Gross Debt 8-1 -08 39.77% S 18,901,663 8 -1 -08 94.22% 56,183,386 8 -1.08 92.14% 95,185,227 8-1-08 85.45% 5,494,435 8 -1 -08 3.85% 411,358 8 -1 -08 37.05% 48,053,850 8 -1 -08 37.05% 4,221,848 8 -1 -08 37.05% 8-1 -08 37.05% -- 8-1-08 0.00% 8 -1 -08 0.47% — 8 -1 -08 70.08% 6,466,984 8 -1 -08 0.13% 34,129 8 -1 -08 50.16% 24,661,161 8 -1 -08 32.16% 7,014,094 8266,628,135 Discount bonds are shown at original issue amount excluding subsequent compounding. 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 -439- 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 Tess 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 2009 °1 513,813,355,014 295,594 5151,001,333 1.09% 5511 5266,628,135 1.93% 5902 5417,629,468 3.02% 51,413 2008 $13,107,205,639 295,594 5148,043,286 1.13% S501 5214,864,031 1.87% $828 5392,907,317 3.00% $1,329 2007 511,421,305,918 295,594 5154,533,327 1.35% 5523 5301,068,635 2.64% 51,019 5455,601,962 3.99% $1,541 2006 510,478,530,288 293,122 5121,723,287 1.16% 5415 5263,160,961 2.51% 5880 5384,884,248 of As of August 1, 2008 and adjusted to include the Certificates. Preliminary, subject to change. . 80250741.5 A -3 —440— 3.67% 51,313 2005 59,639,561,772 293,122 5127,808,249 1.33% 5436 5213,945,142 2.22% $730 5341,753,391 3.55% 51,166 Debt Service Requirements - Tax Supported Obligations The following table sets forth the principal and interest requirements on the City's outstanding tax supported debt. F g 5 N h O W n 0 b N m m 0 m d• N pO W O 00 e N N N N N re m ere cc CO n 0 N 00 00 0 e0 'e n' N m 10 n 0' m N — O O O O O o 0010 i Q1 .� {- Qv W Cr 0 N • N m N F 1 S H O O — O 0 N N N 0 0 0 0 0 m co 00 CO W o oo r0� o 0 s b N pN N Co m 0 b N 0, O 0 0 O O O Cc 0 0 0 0 — 0 N m CA N N o N m in CO m m b e N e: e re to m 0 10 O n F e' N Or r m N N N N 5 H N n b 0 CO P m to d N b N e en N N O m - 0 N Or W W o o 0 0 0 msos00 - e o ^ h n CO r'1 on N N H y W h 01p • W 01 00 O1 O N o- N O o n '0 m 0 CO co N m CO en IT e 00 0 W q O m 1: • m Q N 0 m N ro ro r e e E E E E E p O Cr V O en ! Cr N m 1VO• b b b h m or r m n. et n or a% 00 a 00 e t n b b m b b 0 0 00 d r.i etc 0' • d 01 4 d d rn OO O S ppO b m N D P to d O o 01 N O a pa q q qq0 en 0 00 00 W 000 1" 0 0 01 0 0 ere W 01 01 00 d Oc 0 0 n N — r en n ere re r 0 0 0 8 om n r 0' CO N N N N N m co 0 0 d e h co a m N d O Nee n O r rel. n ve 00 N N Wi m W n N 01 Q e b 0 CO 0 emo r 0 ri O o n 0 N d e en Co N b 00 e: 0 0 01 88850 err err 0 err rbn V On me r m d • N N 0 N h r O 00 0 N oo b ct en 01 o 0 ro O N V O 0 4 hF m e e a e 0 0 0 0 0 0 0 0 0 0 0 vr. 0 0 0 VI n n n co me m 01 or CO d b — b on n m e 0 r 0e r n 00 00 � en enn me m 01 d W r n en e o 0 e n w en V n O 0n o Vrnr'1N O N m N N N N N d 01 NO In CO N N N N N q pO N N N N N N -441- e-e a m '0 m or Oh a00p� ,0' co 0'1 co NO g O V O n N r _ b b N fel P 01 N 00 W d0pp N P qq - r N O 0 0 0 0 0 0 0 h en 0O of 0 0 N+ O '0 fWV Or Or 01 O r $ W m $ R N W e O b 0 000 000 W W co 0 0 0 0 0 •0 00 W b N N 00 d Cit. b 0 N 0 00 0 01 Jr or on m m 0 0 0 0 0 O O O 0 O 0 0 0 0 W 0 N d '0 m e e d or N O Cr 0 m en b en O n N en 0 01q err Or - N n n „_ r r 0 N N ov Co 0 0 u m 01 o n en rn V 0) V N CO O N e g n N r o 8 8 0 8 8 N ^ d 0 r00 N b 01 m OP Or 0 or Np N N N 00 r04 N 2 N 0 en W O W 0 4. - b 01 j e: N m cr N N N N N 0 01 0 01 0 a g e &e e — '0NN 000 n 80Es8 O N m N N N N o $ 10 0 01 Q1 m K o00 00 m g mCO 0 0 11 01 .Nn - b 000 M O ri h b rf CO N e� N 0 0 0 O O 0 8 00 O r r r e n n n v01 00 N P d m ti orer N 0 N N N N N N in n 0 b N IN- v m b n• Cr: n ' 'i e W or p CO eo b h V (4 p88888 C O n b N Q O `4 N h O O N N N 4 0 0 N r n N - o - e 00 h 00 Or N n 04 a m 0 0 O o °o O p.. 0 °o N Vl 00 - b < N b b N N N — '0 V 8 - 0 O N O o r eW w - 01 0 Cr or e:r r ° n n 0 8 8 0 8 .■ 0 e'0 '0 N n 0 N n re O — W N m e N N N 0 CV n o W N m 00 N 00'r N N r 0 0 0 0 8088 O 0 00 00 Ot T W re n — n m eflic 0 0 N 0 N N b n 00 m m en on N N NN re N O 00 co e N. N $ 26430&000 7 Q 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 1 &SF Balance End of Year(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 I, 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 5197,291 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 527,769,909 includes 5365,529 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 518,282,950 7 -31 -1999 19,009,051 7-31 -2000 19,204,629 7-31-2001 19,248,172 7-31-2002 22,417462 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) l&SF Balance Percent of Next Year's End of Year Requirements(4) 518,235,174 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 -442- $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 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 Budge( A t a of Actual Actual Actual 2008 -2009 2007 -2008 2006 -2007 2005 -2006 2004 -2005 Balance on Hand Previous $16,702,102 511,622,271 $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 Tiansferfrom 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 $11,622,271 $10,255,911 $10,328,564 cn Unaudited. 80250741.5 A_6 -443- 0 0 it Comparison of General Revenues by Source) (2) Ch 00 N m n 0 m N N N N e m �p h (`I N 1.1 Mi O O T c e ^ N N m P a0 N N •. O m N N we ru F V m ti V N V �O N H r Ne 0 N NN m C m eri m N. O N Oq0q N Opp �G N O H 'e'. a a h 0' w e .N+ e CO in N m h O e e a m- [Ny (tom( N N 1e a N Ni e e .n V� e we ry ao 0: .y ■ m 4 . o .4 N n N N H on N n1 e� p W ' 0 N 41i oe e 41 �N N e e' 9 N N 1- V N a N p O b e N m O o V en. e V 8 v n as — -. m 4 ,� -; m. O 69 N 0' .n m m 1- O T e N N nm .. b '0 00 nn 10 O N -W ee a N m m N b . n Q m ` N N N- N n o m - H N 0 OA N„ 0 0p e m r ea mC,II N y�epp IN 00 �D V e vii .ei O co In N O' P Q VO`t N m N 00 OC 0' M m m^ co Oi a Ot N N O N 10 • N .O-i 41 m O. .' m 9 Cr H in N O M 00 V ( 0 r Cr N 0 0 O en N N V Co 00 0 e„ N N• o Ow g a0 rt o a0 4... e N ee p m n N m 0 V N N r 00 a 01 -7 m N e N H O -.P N e N m e N n N W N crm N N P e O e -- m '0 0 b O e a0 1� 1` b O V e O CV N In o- _. - e N u m n P •• 0 0 0„ 0 e V 0 O 0 e Cl. Q N .,, .. N n en i-i yr- 0o ch n .... '0 0 0 N n^ b m. OO b r• y m N -T. b irri m we 00 rel 01 00 10 0 0 ^ e .. Co a r- et e e ao N. O o O m e (R 11N1 Oe IN.1 v a r' o 1N a 00 01 01• t� m m n 01 a0 10 C 10 N e 00 e CI 0 V N H 4. N H b en I N01 H M N 0 at 8 W 0 rn 01 cc b Q m $ 159,756,959 $165,377,146 15 0 F r F F F u F 6 a. _g p q ° e 8 6i i —444— Z.: 6 v Q et h 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 govemment Public safety 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** Reclassif of balance previously accounted in Prop fd Residual equity transfer in (out) — Fund balance at beginning of year 32,426,604 Fund balance at end of year $ 29,017,864 200813) 5115,135,286 631,439 276,088 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 S 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 2004 $ 104,338,441 3,321,875 320,715 33,612,804 5,658,571 556,088 1,566,094 S 149,374,588 $ 99,022,494 2,396,870 573,810 31,324,167 5,189,598 248,091 882,187 $ 139,637,217 14,786,052 $14,298,422 514,457,192 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 o> to 17,885,895 17,727,971 17,162,371 15,811,535 0) 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) 2,279,932 5,226,267 (7,576,078) (69,879) (3,408,740) (2) ** Operating deficits were planned draws. (3) 2,748,246 1,341,120 4,428,314 1,095,753 3,447,512 4,623,722 (5,405,534) 2,665,880 5,414,126 27,012,478 $ 32,426,604 2,917,492 5,087,192 (3,239,242) 4,765,442 6,106,562 464,802 20,441,114 $ 27,012,478 2,032,704 3,083,773 5,726,103 5,573,152 (7,467,950) (6,966,180) 290,857 1,690,745 4,719,171 2,786,498 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 5500,588 was appropriated by the City Council from FY 07 -08 excess revenues over expenditures for repairs to the City's Water Garden and 5306,017 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 -445- 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 Govemment 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 -446- The total assessed value of land and improvements comprising all the existing industrial districts approximated $2,051,073,400 as of January 1, 2007. The City received industrial district payments as follows: (1) Fiscal Year Amount 1997 -98 5,223,486 1998 -99 5,174,725 1999 -00 5,120,527 2000 -01 5,249,555 2001 -02 5,631,939 2002 -03 5,797,095 2003 -04 5,917,118 2004 -05 5,754,083 2005 -06 5,865,286 2006 -07 5,892,23301 2007 -08 5,676,8680) The City Council adopted a financial policy to adopt the effective tax rate which lowered the actual property tax rate. Since the assessed values for the industrial district properties die not materially increase, the amount of cash decreased. Sales and Use Tax The City imposes a 1% sales and use tax which is now one of the major sources of income for the General Fund. Revenues from Sales Tax for the past ten fiscal years have been as follows: % of ad Equivalent of Sales Tax Per Total Valorem Ad Valorem Capita Last Fiscal Year Collected Tax Levy Tax Rate Census 1997 -1998 28,732,516 66.10% 0.41 111.60 1998 -1999 29,641,048 65.80% 0.41 115.13 1999 -2000 30,590,459 65.72% 0.41 110.25 2000 -2001 32,051,919 67.16% 0.42 115.52 2001 -2002 32,674,742 63.17% 0.41 117.77 2002 -2003 32,351,154 59.60% 0.38 116.60 2003 -2004 34,120,633 59.20% 0.38 122.98 2004 -2005 36,367,571 63.09% 0.41 128.95 2005 -2006 39,442,670 60.46% 0.38 131.65 2006 -2007 42,082,398 61.68% 0.37 142.37 2007 -2008 44,253,526 60.80% 0.34 148.78 *Collections through August 1, 2008 80250741.5 [The remainder of this page intentionally left blank. ] A -10 -447- GENERAL EXPENSES ") rr��<m W- -N '0000N Po m v0 o, mm0 sfgEo$eq 888=8r N-11�g�qpp �p�pN w N N b V- ONn' OO ^O AL0ranmm w ^NNmr gryry n0Nrfe _00- -�ri ..: w rm Ng N P N m b a N 0 ry � o e e ri w V m on r P N V m N P N pp. n PN'0 . . 8Iary r PP00 P V 0' (0 f0 LO fOWI FCC PmCIJ OOPgq0- Q Iw 001 N.0 Na 0m '04 0'0 OWI N N ...j ^�PO'O. 0 V'N a 8 ld ld 0 co. 00 N MO MN Nag. r N O en OOO^ r rnrn `rior &rg o0 r 4o64 rm 0 o 8 N N N P N WO. 0 (SS N S152,980,812 1163,955903 E— u Y p* 4y Uv'i � �a tSs F °atom =VU U a �a F 1 a O cial statements of General, Special Revenue and Debt Service funds and presented for historical compare .co W E E U E S E Ud 7 6 QY .0 82 w 0 i m W C p0 O L V u s8 o • m X a° C pF 00E8g! U9 pN U .0 U G G 2 E[N}a, F E F n O •C Ii .0 8 a U 6 W E. 6 -448- r 0 0 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 8025074 i 5 A -12 -449- 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 -450- CO Personal Prone O O at at at at D O D O N O O M on O h- b co on M M v1 vl o0 N 00 vl 'V N 0\ 0\ O vS eh o0 M ... 00 gv N 00 CO 10 N et N vn d' 00 N of e! ea D\ gv t-„ eel N 10 N O N M '0 W ev t■ et on N e{ 00 vY N vw N VI:. 11 [� et .. N 00 00 O N e -vent.. N o r. N On 'e 01 1D CT., M e} vNi" N 00 Ch O` O .-. N M vi 0 et M vl N 00 N co oo ON e} O O on N 0i n m en ... N et O 1� M P N O\ VD O 00 li vi 10 10 ..i D: on 0 on- on OD v1 N on 01 10 N O O M v1 o M 10 00 V'1 V w 11 N N N 01 10 N 0\ oo M VD vl N N 7 M O of VD O ern CA 10 e{ e! '. 0O 1- 00" 00 00 CA O • -- err .M. 69 .. M on 7 ^4 M O VD 1- of ... N 1- N 1- 00 1D M 01 O et .M N . V' D\ of b 00 v� 1 N vl 1D of M N vt 01 M 1O 00 00 O O O' e4 M oe 0^ et en, vl 1D 0 N O M 1: O r: N ge N et M et O1 01 M eh et 00 CA O\ O O O .". N tNr. et et VD et O\ N M r 0\ O 1` of b 0. et 00 x °' vl00er VDN0ooVD F in a ao t- 1D N o0 O oe e .N. Ol r M M 1D -. N Q N O O N ge OD ge vl z T 01 O O O �-•� ^. eh el 7 la W O1 of vl N et el l0 DO vl eh O O O O O CA et N N N 00 N O 00 en M 1D N N Oi 'V' 1- a vl er 0± vi vi M N M N 10 M M M VD 0, ‘0 O. N el Cl. 01 O N 00 et D\ t` Vn N v N 0 D\ 00 ONO O et 01 on N ti O n 49 00 Oo Oo D` O ..••r .N. .ef. .et. • 00 CN b vl vl on 0\ 00 et 1■ 1D 1D N vl 1O 1- et of on O 10 N 10 O et et 00 00 O O yo. O 00' el M et VD et CA N 00 N vl O 1D 1■ et et 01 00 Oi N o; v1 10 0 vi e}" O .•. e1 N N N b CA M 01 10 vn 1- CO 'e 01 of N N 0i 69 r00 N le e e e e o e e e a • N 8 0 0 0 0 0 0 0 0 0 0 * 2 a O O O O O O O O O O CO g y pp o ppOp o 0 0 0 0 0 0 F �" I .•. N N N N N N N N N —451— ca C 8 W O 0.0.e h a . 57;2 p w ypp •dC�. O 7 0 P., ° p 0 W W 04 a. ,O > m G ya8 § in O m .ae t 73 0 O a > to N 7 O m a 3 00 0. o in .5 0 3 a nq 0 o "a .R Y O aG.•; 'p p co 0 'a X O 8. 0" O y O 'fl 3 .e x 2 fil 4 _N ao co a W id O � a ,9;s N ae C O .Z- 0 . a0 > f $ Oq" 0 4 g O d y 0,9 >+ oo c, �..pb 0f y0, L cal as Ot0 0 x a .Ow 1 V' ti 7 y� O y O y Q 'C v0i.D'.e1 E+ a. a .a O 001 m .t w L mm a 9 0 O R O N X a H N :a 0 � e k 5„ N G s t 40 > s • -8 ° N hop _ 0 CIN m 00m"0 w .a . � A h T 03 M o O w U Y O C t464 71.> O 5 G y VO G 0 a 6 V G O W b a 0 •y Ow 6>v9 C O ,i' N W m C Tk g o r .O ei J a 0 ! q� myaw 'O 00f O y N 0 e 0 m 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 5636,786,100 839,789 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 Exemption" Exemptions of Exemptions Value 1999 850,000 2,535 893,292,702 836,802 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 Assessed Value Number of Assessed Value Average Year Exemption ") Exemptions of Exemptions Value 1999 (3) 2,061 819,024,837 89,231 2000 (3) 2,092 19,290,426 9,221 2001 (3) 2,143 19,814,977 9,246 2002 (3) 2,241 20,755,630 9,262 2003 (3) 2,404 22,271,738 9,264 2004 (3) 2,562 23,814,922 9,295 2005 (3) 2,675 24,676,048 9,225 2006 (3) 2,824 26,184,760 9,272 2007 (3) 2,997 27,828,172 9,285 2008 (3) 3,121 30,523,222 9,780 80250741.5 A -15 -452- (3) (4) Exemption -Local Option Tax Year 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 Assessed Value Exemption(() (4) (4) (4) (4) (4) (4) (0) (4) (4) (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 of Exemptions 5366,149,406 392,740,809 414,770,371 434,924,406 467,542,416 503,873,807 540,248,333 584,117,044 669,143,866 704,460,740 Average Value 56,973 7,228 7,515 7,759 8,266 8,767 9,355 10,014 11,380 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 51,500 to 53,000 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 512,000 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 55,000. The City has granted 10% of market value or 55,000 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 lax limitation of $0 The amended Charter provides authorized after April 4, 1993. 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 The ad valorem tax rate ordinance. Effective January September 30 or the 60th day indicates the tax rate distribution is levied each year by the City 1, 2000, all taxing units must after the taxing unit receives for the past nine tax years and 80250741.5 A -16 -453- Council through the adoption of a tax rate adopt their tax rates before the later of the appraisal roll. The following table current tax year. 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 0364671 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 (I %) 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 -454- 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 -455- 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 %ofTotal Ending 1999 57,462,585,204 50.623726 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 546,546,084 544,836,825 51,256,701 546,093,526 54,855,538 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 80250741.5 A -19 -456- 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 20 Name of Taxpayer Type of Business American Electric Power Texas Central Co. Markwest Javelin Pipeline Co Padre Staples Mall, LP H. E. Bun 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. Electric Utility Energy and Natural Gas Commercial Properties Retail Stores Petroleum Company Telephone Services HospitaVHealthcare 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 2008 Assessed Value $ 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 -457- 6.06% valuations in 2007 Assessed Value S 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 2003 -04 2004-05 $ 10,174,714 1,156,987 1,653,689 $ 11,268,019 1,217,445 1,705,416 8,185,917 8,499,872 8,654 21,545 22,358 210,527 206,218 3,529 1,512 79,075 1,041 28,079 $ 21,436,028 1,194,920 6,149,445 4,985,777 1,973,950 1,033,260 26,851 $ 15,364,203 $ 6,071,825 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 $ 16,066,415 $ 15,797,470 $ 7,000,437 $ 8,390,059 2006 -07 2007 -08(2) $ 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 $ 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 (1) Since Solid Waste is a General Fund department, this transfer is not reflected as a departmental expenditure in the Comprehensive Annual Finance Report due to Generally Accepted Accounting Principles (GAAP). (2) Unaudited NOTE: "Refuse Disposal" expenditures include an annual transfer to debt service for landfill improvements. 80250741.5 A -21 -458- 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 B1 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 1, 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 -459- 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 -460- 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 Farm to Market Hospital District City of Corpus Christi College (I) Gross Appraised Value Current Taxable Value Jurisdiction Taxable Value Jurisdiction Levy $360,853,525 8343,088,485 $ 81,842,393 $ 287,580 360,853,525 342,830,485 81,691,196 3,509 360,853,525 343,088,485 81,842,393 118,493 360,853,525 345,798,617 82,623,919 465,872 360,853,525 347,016,857 82,818,649 457,096 $ 1,332,549 TIF Taxable Value 8262,544,228 262,425,763 262,544,228 264,035,347 264,986,011 TIF Levy S 922,535 11,270 380,117 1,488,753 384,901 $ 3,187,576 01 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 -461- APPENDIX B CERTAIN INFORMATION RELATING TO THE CITY OF CORPUS CHRISTI 80250741.5 B -1 -462- 80250741.5 [This page intentionally left blank.) B -2 -463- 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 -464- 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 -465- 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 -466- 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 teamed 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 -467- 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 -468- Recent capital investments underway by the public and not - for - profit sectors is estimated at $488 million, while private investments topped SI 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 l I.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 13 -8 -469- Channel Improvement Project 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 Quints 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 Monterey, the City has established closer ties with cousins in 23 countries including Austria, Belgium France, Spain, Italy, and others. 80250741.5 B -9 -470- 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. The remainder of this page intentionally left blank.] 80250741.5 B- l 0 -471- 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 Buildin¢ Permits Number of Permits 5,984 5,845 4,761 5,207 4,565 4,012 5,781 5,989 5,693 5,118 (1) Based upon the construction of several large commercial projects, including shopping malls. Value 142,154,244 152,987,779 149,264,763 154,763,863 333,016,51701 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: Civilian Labor Force Unemployment Percent Unemployment Total Employment January 2008* December 2007 197,303 9,374 4.8% 187,929 197,300 8,667 4.4% 186,633 January 2007 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. 802507413 B -11 -472- 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 -473- [This page intentionally left blank.] 80250741.5 C -2 -474- 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 -475- 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 ATTENTION 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. Respectfully, 80250741.5 E -4 -476- 80250741.5 M. E. ALLISON & CO., INC. 950 East Basse Road, Second Floor San Antonio. Texas 78209 Financial Advisor -477- 23 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 09/30/08 AGENDA ITEM: Resolution expressing official intent to reimburse costs with respect to the construction of improvements to the City's Utility System from the issuance of revenue bonds with maximum principal not to exceed $75,000,000. ISSUE: The City of Corpus Christi intends to issue City of Corpus Christi, Texas Utility Revenue Improvement Bonds during the second quarter of Fiscal Year 2008 -2009. Included in these bonds will be funding for capital expenditures related to the design, planning, acquisition and/or construction of certain projects described on Exhibit "A" of the Resolution. In order to adhere to the time schedules to insure timely completion of these projects, the City must move forward with contracts prior to the completion of the final closing on the Bonds. These amounts will not exceed $75,000,000. For the City to be eligible for reimbursement for any expenditures incurred prior to the bond sale, the City must declare its intent to reimburse itself for payments made prior to the bonds being sold. This action must meet specific U. S. Treasury Regulations and requires approval by the City Council. REQUIRED COUNCIL ACTION: City Council approval of the reimbursement resolution in order to proceed with the projects as scheduled. FUTURE COUNCIL ACTION: Fall 2008 — Ordinance authorizing the issuance and sale of City of Corpus Christi, Texas Utility System Revenue Bonds, Series 2008. CONCLUSION AND RECOMMENDATION: Staff recommends City Council approval of the Resolution as presented. Attachment: Resolution —481— Constance P. Sanchez Interim Director of Financial Services 1 RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS WITH RESPECT TO THE CONSTRUCTION OF IMPROVEMENTS TO THE CITY'S UTILITY SYSTEM FROM THE ISSUANCE OF REVENUE BONDS WITH MAXIMUM PRINCIPAL AMOUNT NOT TO EXCEED $75,000,000. Whereas, the City of Corpus Christi, Texas (the "City") is a home -rule municipality, and political subdivision of the State of Texas; Whereas, the City expects to pay expenditures in connection with the design, planning, acquisition and construction of the projects described on Exhibit "A" hereto (collectively, the "Project ") prior to the issuance of obligations by the City in connection with the financing of the Project from available funds, particularly funds of the City's Utility System enterprise fund; Whereas, the City finds, considers, and declares that the reimbursement of the City for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150 -2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: Section 1. The City reasonably expects it will incur debt, as one or more series of obligations with an aggregate maximum principal amount not to exceed $75,000,000 for the purpose of paying the aggregate costs of the Project. Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax - exempt obligations will be issued by the City in furtherance of this Resolution after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. Section 3. The foregoing notwithstanding, no tax- exempt obligation will be issued pursuant to this Resolution more than three years after the date any expenditure which is to be reimbursed is paid. Date: September 30, 2008 Attest: Armando Chapa, City Secretary Approved as to form: September 23, 2008 By: eg,,t/.a-ti Lisa Aguilar, Ass i `Wnt City Attorney For City Attorney HENRY GARRET, MAYOR CITY OF CORPUS CHRISTI —482— 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 -483- 2 Exhibit "A" Improvements and extensions to the Water, Stormwater, Wastewater, and Gas Systems. —484— %Nintrokass City of Corpus Chnsti -486-