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Agenda Packet City Council - 06/19/2012
Corpus Christi Meeting Agenda - Final City Council 1201 Leopard St Corpus Christi, TX 78401 CCtexas.com Tuesday, June 19, 2012 12:00 PM Council Chambers 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 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Reverend Arthur L. Lane, St. Matthew Missionary Baptist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 12 -00431 Proclamation declaring Summer 2012 as "2012 Bay Jammin Series" Proclamation declaring June 24, 2012 as "Ms. Coastal Bend Senior Pageant Day" Certificate of Commendation Presentation to Mr. Fred Morris - Most Valuable Citizen for Community Pride F. MINUTES: 2. 12 -00430 Approval of Meeting Minutes - June 12, 2012. Attachments: Minutes - June 12, 2012.pdf Corpus Christi Page 1 Printed on 6/18/2012 City Council Meeting Agenda - Final June 19, 2012 G. BOARDS & COMMITTEE APPOINTMENTS: 3. 12 -00432 Advisory Committee on Community Pride Civil Service Commission Civil Service Board Corpus Christi Regional Transportation Authority Ethics Commission Human Relations Commission Attachments: Board Packet H. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. I. CONSENT AGENDA (ITEMS 4 - 19) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances 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. Purchase of replacement vehicles for various City departments 4. 12 -00387 Motion approving the lease purchase of one (1) pickup truck and the purchase of eleven (11) pickup trucks and one (1) heavy duty truck in the amount of $314,850.27 of which $292,947.52 is required for FY 2011/2012. The vehicles are awarded to the following companies for the following amounts in accordance with Bid Invitation No. BI- 0044 -12, based on low bid and the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. All thirteen (13) vehicles are replacement units to the fleet. These vehicles will be used by Parks and Recreation , Street, Gas, Water, and Storm Water Departments. Funding for the purchase of these vehicles is available in the Capital Outlay Budget of the Maintenance Services Fund and the Operations Budgets of Park and Recreation, Street and Water Departments. Financing for the lease purchase of the pickup truck will be provided through the City's lease /purchase financing contractor. Corpus Christi Page 2 Printed on 6/18/2012 City Council Meeting Agenda - Final June 19, 2012 Champion Ford Corpus Christi, TX Items: 1, 2, 4 -7 $209,275 Attachments: Caldwell Country Ford Caldwell, TX Item: 3 $21,644 Grand Total: $314,850.27 Agenda Memo - Work Trucks V2 Bid Tab - Work Trucks.xls Service agreement for video inspection of wastewater lines 5. 12 -00385 Philpott Motors Nederland, TX Item 8 $83,931.27 Motion approving a service agreement with Video Plumbing, Inc., Corpus Christi, Texas for closed circuit television pipeline inspection services in accordance with Bid Invitation No. BI- 0159 -12 based on only bid for an estimated annual expenditure of $502,933 of which $83,822.18 is required for the remainder of FY 2011 -2012. The term of the agreement shall be for twelve months with option to extend for up to two additional twelve months periods, subject to the approval of the supplier and the City Manager or his designee. Funds are budgeted in the Wastewater Department Operational Budget in FY 2011 -2012 and have been requested for FY 2012 -2013. Attachments: Agenda memo - SERVICE AGREEMENT FOR CCTV PIPELINE INSPECTION. COUNCIL BID TABULATION - SERVICE ARGEEMENT FOR CCTV PIPELINE I SERVICE AGREEMENT -.pdf Acceptance of State grant amendment and appropriation of funds for tuberculosis prevention program 6. 12 -00304 Resolution authorizing the City Manager or his designee to accept a grant amendment in the amount of $7,047 from the Texas Department of State Health Services for the Tuberculosis Program and execute all related documents; and ratifying acceptance of the grant amendment to be effective March 26, 2012. Attachments: Agenda memo - TB State grant Resolution - TB State Grant Amdmt.docx 7. 12 -00305 Ordinance appropriating a grant amendment in the amount of $7,047 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for the Tuberculosis Program; and declaring an emergency. Attachments: Agenda memo - TB State grant Ordinance - TB State Grant Amdmt.doc Acceptance of State grant amendment and appropriation of funds to support laboratory services for public health emergencies 8. 12 -00360 Resolution authorizing the City Manager or designee to accept a grant Corpus Christi Page 3 Printed on 6/18/2012 City Council Meeting Agenda - Final June 19, 2012 amendment in the amount of $15,744 from the Texas Department of State HealthServices for the Laboratory Response Network Public Health Preparedness Program, extending the grant until August 31, 2012, and to execute all related documents. Attachments: Agenda memo - Laboratory Response Network Resolution - Laboratory Response Network.pdf 9. 12 -00361 Ordinance appropriating a grant amendment in the amount of $15,744 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for the Laboratory Response Network Public Health Emergency Preparedness Program; and declaring an emergency. Attachments: Agenda memo - Laboratory Response Network Ordinance - Laboratory Response Network.pdf Acceptance of State grant, appropriation of funds, and interlocal agreement with CCISD to support Summer Food Program 10. 12 -00375 Resolution authorizing the City Manager or his designee to execute all documents necessary to accept the Summer Food Service Program Grant in the amount of $250,000 from the Texas Department of Agriculture to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. Attachments: Agenda Item - Summer Food Program 2012.docx Resolution- Summer Food Program 2012.doc 11. 12 -00377 Ordinance appropriating a $250,000 grant from the Texas Department of Agriculture in the No. 1067 Parks and Recreation grant fund to operate a summer food service program for summer recreation participants ages one to eighteen years; and declaring an emergency. Attachments: Agenda Item - Summer Food Program 2012.docx Ordinance - SummerFood Program 2012.doc 12. 12 -00376 Resolution authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for summer recreation. Attachments: Agenda Item - Summer Food Program 2012.docx Resolution - CCISD Interlocal for Summer Food.doc CCISD Summer Food Service Interlocal Agmt.pdf Lease renewal for use of building at 821 Louisiana Parkway by CC Model Railroad Club 13. 12 -00373 Ordinance authorizing the City Manager, or designee, to execute lease agreement with the Corpus Christi Model Railroad Club for use of the building at 821 Louisiana Parkway and adjacent grounds for three years; Corpus Christi Page 4 Printed on 6/18/2012 City Council Meeting Agenda - Final June 19, 2012 and declaration of emergency. Attachments: Agenda Item - CC Model Railroad lease renewal.docx Ordinance - CC Model Railroad Lease.docx CC Model Railroad Club - Lease.pdf Geotechnical service agreements for groundwater monitoring of City landfills 14. 12 -00359 Motion authorizing the City Manager, or designee, to execute a geotechnical services agreement with Kleinfelder of Corpus Christi, Texas in the amount of $89,500 for the J. C. Elliott Landfill Groundwater Monitoring FY 2012 -2013. Attachments: Memo - Groundwater Monitoring Location Map - Landfill Groundwater Monitoring 2012- 2013.pdf Agreement - J. C. Elliott Landfill Groundwater Monitoring 2012- 2013.pdf 15. 12 -00384 Motion authorizing the City Manager, or designee, to execute a geotechnical services agreement with Kleinfelder of Corpus Christi, Texas in the amount of $108,100 for the Cefe Valenzuela Landfill Groundwater Monitoring FY 2012 -2013. Attachments: Location Map - Groundwater Monitoring Agenda Memo - Groundwater Monitoring Agreement - Groundwater Monitoring - Cefe Award of contract to install and replace fencing at the Universal Little League fields located at Manuel Q. Salinas Park 16. 12 -00381 Motion authorizing the City Manager, or designee, to execute a Job Order Contract with Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $124,771.46 for fencing at the Universal Little League fields. (Bond Issue 2008) Attachments: Agenda Memo - Universal Little League Project budget - Universal Little League Location Map - Universal Little League Second Reading Ordinance - Approval of FY 2013 Annual Audit Plan 17. 12 -00396 Ordinance to approve the Fiscal Year 2013 Annual Audit Plan. Attachments: Agenda Memo - Annual Audit Plan Ordinance - FY 2013 Annual Audit Plan PowerPoint - Annual Audit Plan Corpus Christi Page 5 Printed on 6/18/2012 City Council Meeting Agenda - Final June 19, 2012 Second Reading Ordinance - Appropriation of library donations 18. 12 -00354 Ordinance authorizing the City Manager to accept and appropriate in the Library Grants Fund No. 1068 the following donations for the following purposes: $8,155.81 from the Neyland Estate for the Neyland Library; $10,000 from the Fredric W. M. Germaine Estate for purchase of investment publications; and $450.00 from the American Library Association for the Vision of the Universe program. Attachments: Agenda memo - Library appropriation Ordinance to appropriate Misc Library Grants Revenue.docx Second Reading Ordinance - To promote use of local businesses in procurement process 19. 12 -00386 Ordinance adding Section 26, Hire Corpus Christi First, to Part II Council Policies, of the Corpus Christi Code of Ordinances, relating to local contracting preferences; providing for penalty. Attachments: Agenda Memo - Hire Corpus Christi First Ordinance - Hire Corpus Christi First.docx J. EXECUTIVE SESSIONS (ITEMS 20 - 22): 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. 20. 12 -00342 Executive session pursuant to Texas Government Code Section 551.071 to consult with attorneys regarding contemplated litigation related to the city wastewater treatment plants, with possible discussion and action in open session. 21. 12 -00404 Executive session pursuant to Section 551.071(2) of the Texas Government Code to consult with attorneys on a matter involving the adoption of a land use study in which the duty of the attorneys representing the city under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code. 22. 12 -00440 Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding fire collective bargaining negotiations with possible discussion and action in open session. K. PUBLIC HEARINGS (ITEM 23): Corpus Christi Page 6 Printed on 6/18/2012 City Council Meeting Agenda - Final June 19, 2012 First Reading Ordinance to consider Joint Erosion Response Plan 23. 12 -00395 Public Hearing and Ordinance to consider adopting The Joint Erosion Response Plan for Nueces County and the City of Corpus Christi 2012; amending the Code of Ordinances, City of Corpus Christi, Chapter 10, Beachfront Management and Construction, by designating the erosion response building set -back line or erosion set -back line, requiring an erosion response permit for construction seaward of the erosion set -back line, and making other conforming changes to the chapter; adding the City's Erosion Response Plan as an appendix to the City of Corpus Christi, Texas, Dune Protection and Beach Access Regulations; providing for penalties; providing for severance; providing for publication; and providing a delayed effective date. Attachments: Agenda Memo - Erosion Response Plan Executive Summary - Erosion Response Plan.docx Planning Commission Minutes.docx Ordinance - ERP May 25 2012.docx Revised Erosion Response Plan Final Maps 1 -20 L. REGULAR AGENDA (ITEMS 24 - 29) The following items are motions, resolutions and ordinances that will be considered and voted on individually. Award of professional services contract to upgrade disinfection system for wastewater treatment plant 24. 12 -00340 Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services contract with Freese and Nichols of Corpus Christi, Texas in the amount of $249,352.00 for the Whitecap Wastewater Treatment Plant Ultra - Violet (UV) Disinfection System Upgrade. Attachments: Agenda Memo - UV Disinfection System rev Protect Budget - UV Disinfection System Location Map - Whitecap VV TP Ultra Violet Disinfection System pdf AE Contract - UV Sterilization PowerPoint - Whitecap UV Disinfection Reimbursement resolution for expenditure of funds for airport system 25. 12 -00390 Resolution relating to establishing the City's intention to reimburse itself in an amount not to exceed $6,000,000 for the prior lawful expenditure of funds from the proceeds of obligations to be issued by the City for authorized purposes relating to constructing improvements to the City's Airport System; authorizing matters incident and related thereto; and Corpus Christi Page 7 Printed on 6/18/2012 City Council Meeting Agenda - Final June 19, 2012 providing an effective date. Attachments: Agenda memo - Reimbursement Resolution for Airport Resolution - Reimbursement for Airport.pdf Deferment Agreement, Grid Main Extension Construction and Reimbursement Agreement, and appropriation of funds for development of FedEx freight facility 26. 12 -00416 Motion authorizing the City Manager to execute a Deferment Agreement with Hunter CC I, LP, (Developer), in the amount of $304,517.68 for public improvements for Hunter CC I, LP located south of Hwy. 44 (Agnes St.) on S. Navigation Blvd. in accordance with the Unified Development Code Section 8.1.10, contingent upon receipt of a Letter of Credit approved by the City. Attachments: Agenda Memo - Blue Chip FedEx Deferment Agreement - Blue Chip FedEx Deferment Exhibits - Blue Chip FedEx 27. 12 -00418 Ordinance appropriating $80,887.47 from the No. 4030 Water Arterial Transmission & Grid Main Trust Fund to reimburse Hunter CC I, LP, for the extension of a 12 -inch grid main line, including all related appurtenances for development of Blue Chip Industrial Tracts Subdivision, Block 1, Lot 4, as specified in the Water Grid Main Line Extension Construction and Reimbursement Agreement and declaring an emergency. Attachments: Agenda Memo - Blue Chip FedEx Ordinance - Blue Chip FedEx Appropriation re Water and Grid Main trust Fund 28. 12 -00417 Motion approving the Grid Main Extension Construction and Reimbursement Agreement submitted by Hunter CC I, LP, owner and developer of Blue Chip Industrial Tracts Subdivision, Block 1, Lot 4, located south of Hwy. 44 (Agnes St.) on S. Navigation Blvd. for the extension of a 12 inch Grid Main line, including all related appurtenances. Attachments: Agenda Memo - Blue Chip FedEx Reimbursement Agreement - Blue Chip FedEx Exhibits - Blue Chip FedEx Reimbursement Agreement Approval of FY 2013 Crime Control and Prevention District Budget 29. 12 -00362 Resolution approving the FY 2012/2013 budget for the Corpus Christi Crime Control and Prevention District. Corpus Christi Page 8 Printed on 6/18/2012 City Council Meeting Agenda - Final June 19, 2012 Attachments: Agenda memo - City council approve budget 06.19.2012 Resolution - CCP District Budget Approval FY1213 20120525 (2) PowerPoint - Crime Control District Budget M. FIRST READING ORDINANCES (ITEMS 30 - 31) Utility easement closure to develop property located north of State Hwy 44 and west of N. Padre Island Drive 30. 12 -00399 Ordinance abandoning and vacating a 10,079.02- square -foot portion of a 15- foot -wide utility easement out of Airport Industrial Subdivision, Block 6, Lot 1A, and Airport Industrial Subdivision, Block 4, Lot 3, located north of State Highway 44 and west of North Padre Island Drive (State Highway 358); and requiring the owner, Weatherford U.S., L.P., to comply with the specified conditions. Attachments: Agenda Memo - Airport Industrial Subdivision Ordinance - Airport Industrial with Exhibits A -C Utility easement closure for development of property located on the east side of Wishbone Court and north of Durant Drive 31. 12 -00414 Ordinance abandoning and vacating a 318 - square -foot portion of a 7.5- foot -wide utility easement out of Wooldridge Creek Unit 12, Block 2, Lot 26, located on the east side of Wishbone Court and north of Durant Drive; and requiring the owners, Raymundo Ramos, Jr., and Rosario G. Ramos, to comply with the specified conditions. Attachments: Agenda Memo - Wooldridge Creek Unit 12 Location Map Ordinance w Exhibits A -C, Wooldridge Creek Unit 12 N. FUTURE AGENDA ITEMS AND UPDATES TO CITY COUNCIL (ITEMS 32 - 50) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. Professional services agreement for Local Health Authority services 32. 12 -00146 Resolution authorizing the City Manager or designee to execute an agreement with Dr. William Burgin, Jr., to serve as the Local Health Authority for Public Health District. Attachments: Agenda memo - Local Health Authority Resolution - Burgin Health Authority Agmt Agreement - Burgin Health Authority Professional services agreement for Alternate Local Health Authority services Corpus Christi Page 9 Printed on 6/18/2012 City Council Meeting Agenda - Final June 19, 2012 33. 12 -00147 Resolution authorizing the City Manager or designee to execute an agreement with Dr. Colette Simon to serve as the Alternate Local Health Authority for the Public Health District. Attachments: Agenda memo - Dr. Simon Resolution - Simon HAAgmt Agreement - Simon Health Authority Substit Comp Codifier to create a new section number in Code of Ordinances 34. 12 -00275 Resolution authorizing codifier to create a new section number. Attachments: Agenda Memo - Codifier Resolution - Codifier to create new number Renewal of lease agreement with Aeronautical Radio, Inc. for space at airport 35. 12 -00383 Ordinance authorizing the City Manager, or designee, to execute an agreement with Aeronautical Radio, Inc. (ARINC) to lease space containing approximately twenty (20) square feet located in the lower level of the Corpus Christi International Airport (Airport) terminal for the maintenance and operation of aeronautical Communication equipment providing air /ground data communications to aircraft on the ground and en route within 200 nautical miles from Corpus Christi in consideration of payment of an annual rate per square foot of $51.38 for fiscal year 2011 -2012, $52.15 for fiscal year 2012 -2013 and $52.94 for fiscal year 2013 -2014, adjusted annually thereafter based on the current Terminal Rental Rate for future fiscal years, payable monthly for a term of five (5) years; and declaring an emergency. Attachments: Agenda memo - Aeronautical Radio Aeronautical Radio Lease Agreement Ordinance ARINC 5 -29 -12 Approval to amend water permit rights at Choke Canyon and Lake Corpus Christi for mining purposes 36. 12 -00331 Resolution granting authority to the City Manager or designee to amend the Choke Canyon and Lake Corpus Christi water right permits. Attachments: Agenda Memorandum amending water right permits.docx Resolution to amend City water right permits.docx Application for Amendment to a water right - Choke Canyon and Lake CC.pdf Approval of avigation easement instruments and special warranty deeds related to property acquistion for airport runway project Corpus Christi Page 10 Printed on 6/18/2012 City Council Meeting Agenda - Final June 19, 2012 37. 12 -00400 Motion authorizing the City Manager or designee to execute an Avigation Easement referred to as Parcel 3 and Special Warranty Deeds referred to as Parcels 3A and 3B, out of Lots 1 and 2, V.M. Donigan Partition,located north of the Corpus Christi International Airport (CCIA) and State Highway 44; from Mary Frances Wilson Burson and fourteen other undivided fee owners; for a total expenditure of $54,000 which includes $52,000 for the avigation easement and land, with additional expense of $2,000 for title policies, recording fees and incidentals; all necessary for the CCIA Runway 17 -35 Relocation /Displacement Project E11046 and for other municipal purposes. Attachments: Memo - Airport Avigation Parcel Map.pdf Ownership List Aviqation Easements. 1.2.6.10.11 Aviqation Easements 3 4 5 7 8 9 12 13 14 15 (2) Deeds. 1.2.6.10.11 Deeds 34578912131415 Award of construction contract for Oso Bay Park Trail Improvements Phase 1 38. 12 -00378 Motion authorizing the City Manager, or designee, to execute a construction contract with H2O Construction, Inc. of Corpus Christi, Texas in the amount of $638,062.00 for the Oso Bay Park Trail Improvements, Phase 1 Project for the Base Bid. Attachments: Memo - Oso Park Budget - Oso Park Location map - Oso Bay Park Trail Imps.pdf PowerPoint - Oso Park Appropriation of funds and award of construction contract for Corpus Christi Beach arch entrance project 39. 12 -00401 Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to transfer a total of $425,153.51 in budgeted project savings from the Heritage Park Cultural Center Renovation Project to the North Beach (CC Beach) Entry Development Project; increasing expenditures in the amount of $425,153.51; and declaring an emergency. Corpus Christi Page 11 Printed on 6/18/2012 City Council Meeting Agenda - Final June 19, 2012 Attachments: Memo - CC Beach Budget - CC Beach Location Map - CC Beach Entry Development.pdf Ordinance - CC Beach 40. 12 -00380 Motion authorizing the City Manager, or designee, to execute a construction contract with Largin Construction Services, LLC. of Corpus Christi, Texas in the amount of $404,960.93 for the Bond 2008 Corpus Christi Beach Entry Development Project (Re -Bid) for the Base Bid. Attachments: Memo - CC Beach Budget - CC Beach Location Map - CC Beach Entry Development Presentation - CC Beach Street closure for "Play in the Park" event for proposed Destination Bayfront project 41. 12 -00422 Motion approving the application for street closure from Destination Bayfront to temporarily close Northbound Shoreline between Furman Avenue and Coopers Alley beginning at 8:00 a.m. and ending at 2:00 p.m. for the Play In The Park event to take place on Saturday, June 30, 2012. Attachments: Memo - Play in the Park exhibit - destination - bayfront- 2012 -tcp. pdf DestinationBayfrontPlayintheParkPermits. pdf Consultant agreement for competitive assessment of Solid Waste Services 42. 12 -00433 Motion authorizing the City Manager or designee to execute a consultant agreement with SAIC Energy, Environmental & Infrastructure, LLC, of Austin, Texas, to provide a competitive assessment /business case analysis of the Solid Waste Services Department, for an amount not to exceed $93,600. Funding is available in the Solid Waste Services Operations Budget for fiscal year 2011/2012. Attachments: Agenda Memo - Competitive Assessment of Solid Waste Services.docx Evaluation Matrix - Competitive Assessment of Solid Waste Services.xlsx Presentation - Competitive Assessment of Solid Waste Services.pptx Service Agreement - Competitive Assessment of Solid Waste Services.pdf Refunding of Corpus Christi Business and Job Development Corporation Seawall Bonds Corpus Christi Page 12 Printed on 6/18/2012 City Council Meeting Agenda - Final June 19, 2012 43. 12 -00413 Resolution by the City Council of the City of Corpus Christi, Texas relating to "Corpus Christi Business and Job Development Corporation Sales Tax Revenue Refunding Bonds, Series 2012 (Seawall Project) "; approving the resolution of Corpus Christi Business and Job Development Corporation authorizing the issuance of such bonds; and resolving other matters incident and related to the issuance of such bonds; and providing an effective date. Attachments: Agenda memo - Seawall Parameter June 26, 2012.doc Resolution - CCBJDC.pdf Notice of Intention to issue Airport Certificates of Obligation; appointment of financial advisor; and approval of preliminary official statement 44. 12 -00423 Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor, for the City of Corpus Christi, Texas Combination Tax and Surplus Airport Revenue Certificates of Obligation, Series 2012 (AMT). 45. 12 -00421 Attachments: Agenda memo - Airport Notice of Intention.doc ExhibitA - Financial Advisor Fee Schedule.pdf Resolution by the City Council of the City of Corpus Christi, Texas authorizing and approving publication of Notice of Intention to issue Certificates of Obligation; complying with the requirements contained in Securities and Exchange Commission Rule 15c2 -12; and providing an effective date. Attachments: Agenda Memo - Airport Notice of Intention June 26, 2012.doc Resolution - Airport Notice of Intention.pdf 46. 12 -00424 Resolution by the City Council of the City of Corpus Christi, Texas approving the City's preliminary official statement pertaining to the sale of obligations designated as "City of Corpus Christi, Texas Combination Tax and Surplus Airport Revenue Certificates of Obligation, Series 2012 (AMT) "; complying with the requirements contained in the United States Securities and Exchange Commission's Rule 15c2 -12; and other matters in connection therewith. Attachments: Agenda memo - Airport Notice of Intention.doc Resolution - Airport Notice of Intention.pdf Corpus Christi COs (Airport) POS (June 2012).pdf Corpus Christi Page 13 Printed on 6/18/2012 City Council Meeting Agenda - Final June 19, 2012 Refunding of Airport Bonds from airport revenue bonds to general improvement bonds 47. 12 -00425 Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the City of Corpus Christi, Texas General Improvement Refunding Bonds, Series 2012A (Airport Refunding - AMT) and Series 2012B (Airport Refunding - Non -AMT). Attachments: Airport Refunding June 26, 2012.doc ExhibitA - Financial Advisor Fee Schedule.pdf 48. 12 -00426 Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas General Improvement Refunding Bonds, Series 2012A (Airport Refunding - AMT) ", levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the Bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the Bonds, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement; a purchase contract, and an escrow deposit letter; complying with the letter of representations on file with the depository trust company; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of the bonds, and providing an effective date. Attachments: Airport Refunding June 26, 2012.doc Corpus Christi Ordinance 2012A.pdf 49. 12 -00427 Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas General Improvement Refunding Bonds, Series 2012B (Airport Refunding - Non-AMT)", levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the Bonds; prescribing the form , terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the Bonds, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent /registrar agreement; a purchase contract, and an escrow deposit letter; complying with the letter of representations on file with the depository trust company; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of the bonds, and providing an effective date. Attachments: Airport Refunding June 26, 2012.doc Corpus Christi Ordinance 2012B.pdf Corpus Christi Page 14 Printed on 6/18/2012 City Council Meeting Agenda - Final June 19, 2012 UPDATE TO CITY COUNCIL 50. 12 -00437 Proposed Schedule for Bond 2012 Attachments: Agenda memo - Bond 2012 schedule PowerPoint - Bond 2012 schedule O. SPECIAL BUDGET PRESENTATION (ITEM 51) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 51. 12 -00438 Proposed FY 2012 -2013 Operating Budget - Internal Service Funds and Special Revenue Funds Summary Attachments: Agenda memo - Internal Services and Special Revenues PowerPoint - Internal Service Funds and Special Revenue Funds P. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. 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. Q. CITY MANAGER'S COMMENTS: Corpus Christi Page 15 Printed on 6/18/2012 City Council Meeting Agenda - Final June 19, 2012 * Update on City Operations R. ADJOURNMENT Corpus Christi Page 16 Printed on 6/18/2012 Corpus Christi Meeting Minutes - Draft City Council 1201 Leopard St Corpus Christi, TX 78401 CCtexas.com Tuesday, June 12, 2012 12:00 PM Council Chambers A. Proclamations / Commendations Mayor Pro Tem Scott read the following proclamations and recognitions: Proclamation declaring June 2012 as "National Service Award" "At Your Service" Award, City Employee Recognition: Laura Hebert - Human Resources; Benita Brunner and Rene Garza - Marina; Brenda Gonzalez, Neomi Ramirez, Todd Jensen, Robby Exum, Jesse Balderas, Tessy Gonzalez,; Victor Mendoza, Elisa Lopez, and Ruben Martinez - Park and Recreation, Clarence Clark - Solid Waste, Lt. Russell Sherman - Police Department; Toby Futrell - Interim Assistant City Manager. B. Call meeting to order. C. Invocation. Mayor Pro Tem Scott called the meeting to order. Present: 8 - Council Member Chris Adler,Council Member KelleyAllen,Council Member Larry Elizondo,Council Member Priscilla Leal,Council Member David Loeb,Council Member John Marez,Council Member Nelda Martinez, and Council Member Mark Scott Absent: 1 - Mayor Joe Adame The invocation was delivered by Pastor Neil Winchester, Pulse Fellowship. D. Pledge of Allegiance. The Pledge of Allegiance was led by Mayor Pro Tem Scott. E. Roll call. City Secretary Chapa verified that the necessary quorum of the Council and the required Charter Officers were present to the conduct the meeting: Council Members Present: Mayor Pro Tem Mark Scott, Council Members Chris Adler, Kelley Allen, Larry Elizondo, Priscilla Leal, David Loeb, John Marez, and Nelda Martinez. Council Member Absent: Mayor Joe Adame. Charter Officers Present: City Manager Ron Olson, City Attorney Carlos Valdez and City Secretary Armando Chapa. F. MINUTES: Corpus Christi Page 1 Printed on 6/13/2012 City Council Meeting Minutes - Draft June 12, 2012 1. Approval of Meeting Minutes - May 29, 2012. A motion was made by Council Member Elizondo, seconded by Council Member Adler to approve the minutes as presented and passed with the following vote: Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott. G. BOARDS & COMMITTEE APPOINTMENTS: 2. Animal Control Advisory Committee Food Service Advisory Committee Landmark Commission Pipeline Review Panel Senior Companion Program Advisory Committee Sister City Committee Watershore and Beach Advisory Committee The following reappointments and new appointments were made to the City's boards, commissions and committees: Animal Control Advisory Committee: Dr. Nina Sisley (At Large) - Reappointed, Cheryl Martinez (At Large) - New Appointment Food Service Advisory Committee: Lisa Pollakis (Food Industry) and Jack Baker (Food Industry) - Reappointed Landmark Commission - Dennis Miller (Civil Engineer) - New Appointment Pipeline Review Panel - Rob Leon - New Appointment Senior Companion Program Advisory Committee - Shirley Tipton (Volunteer), Isabel Odeh (Vol. Workstation), Monica Rodriguez (At Large) - Reappointed Sister City Committee - Stephanie Cloutet, Issac Gonzales, Hailey Jordan Kimball, Monica Montalvo, John Henry Porter, and Patrick Start - New Appointment Watershore and Beach Advisory Committee - Diana Del Angel (Environmentalist) - New Appointment Enactment No: M2012 -0000 I. CONSENT AGENDA 3. Mayor Pro Tem Scott called for consideration of the Consent Agenda, Items 3 through 29. Council Members requested that Items 7, 8, 23, 24 and 28 be pulled for individual consideration and voted on separately. There were no comments and the remaining items were approved by one vote. Purchase of replacement radiator for water treatment plant back -up generator Motion approving the purchase of one replacement radiator for an Onan Generator from Cummins Southern Plains for a total amount of $63,483.65. The equipment is used by the City's Water Department, O.N. Stevens Water Treatment Plant on an emergency backup generator. Funds are budgeted in the Water Department operations budget in Corpus Christi Page 2 Printed on 6/13/2012 City Council Meeting Minutes - Draft June 12, 2012 4. 5. FY11/12. The foregoing motion was passed and approved with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Abstained: 0 Enactment No: M2012 -099 Service agreement to provide contracted municipal court bailiffs Motion approving a three -year service agreement for contracted commissioned municipal court bailiffs with Alpha Security Solutions & Investigations of Corpus Christi, TX based on lowest responsible bid in accordance with Bid Invitation No. BI- 0082 -12, for a total amount of $467,625.60, of which $25,979.20 is required for the remainder of FY2011/2012. The term of the agreement is for three years with an option to extend for up to two additional one -year periods subject to the approval of the service provider and the city manager or designee. Funds are available in the Municipal Court Security Fund. The foregoing motion was passed and approved with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Abstained: 0 Enactment No: M2012 -100 Service agreement to supply emergency response equipment and services during a disaster Motion approving a service agreement for Emergency /Disaster Response Services with Garner Environmental Services, Inc. of Deer Park, TX for a total amount of $406,667.74. The term of the agreement is four years. The award is in accordance with the General Services Administration's (GSA) Federal Supply Schedule 84 Cooperative Purchasing Program. The foregoing motion was passed and approved with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Corpus Christi Page 3 Printed on 6/13/2012 City Council Meeting Minutes - Draft June 12, 2012 6. 7. Absent: 1 - Mayor Adame Abstained: 0 Enactment No: M2012 -101 Purchase of group life and disability insurance for City employees Motion authorizing the City Manager or designee to execute all documents necessary to purchase two years of Group Life Insurance from Standard Insurance Company of Portland, Oregon for a total amount of $69,816.03, of which no funding is required for the remainder of this fiscal year, and two years of Disability Insurance from Lincoln Financial Group of Houston, TX for a total amount of $166,195.87, of which no funding is required for the remainder of this fiscal year; based on lowest responsible proposal; and authorizing the City Manager or designee to execute all documents necessary to extend the coverage for up to two optional one -year periods, subject to approval of the service provider. The foregoing motion was passed and approved with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Abstained: 0 Enactment No: M2012 -102 Acceptance of grant and appropriation of funds for Lindale Park Community Garden Resolution authorizing the City Manager or designee to execute all documents to accept a $15,000 grant awarded by Scotts Miracle -Gro and the United States Conference of Mayors for the construction of the Lindale Park Community Garden. The foregoing resolution was passed and approved with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Abstained: 0 Enactment No: Res 029492 8. Ordinance appropriating a $15,000 grant awarded by Scotts Miracle -Gro and the United States Conference of Mayors in the No. 1067 Parks and Corpus Christi Page 4 Printed on 6/13/2012 City Council Meeting Minutes - Draft June 12, 2012 9. Recreation Grant Fund, for the construction of the Lindale Park Community Garden, and declaring an emergency. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Abstained: 0 Enactment No: Ord 029493 Acceptance of grant and appropriation of funds for Elderly Nutrition Program Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $160,431 grant awarded by the Area Agency on Aging of the Coastal Bend for the first federal installment of FY 2012 funding for the Senior Community Services, Elderly Nutrition Program. The foregoing resolution was passed and approved with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Abstained: 0 Enactment No: Res 029494 10. Ordinance appropriating a $160,431 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation Grants Fund for the FY 2012 Senior Community Services, Elderly Nutrition Program; and declaring an emergency. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Abstained: 0 Enactment No: Ord 029495 State grant application to fund Bay Jammin' concert series Corpus Christi Page 5 Printed on 6/13/2012 City Council Meeting Minutes - Draft June 12, 2012 11. Resolution authorizing the City Manager or designee to submit a grant application to the State of Texas, Governor's Office, Texas Music Office, in the amount of $3,000 for the Bay Jammin' 2012 Concert series. The foregoing resolution was passed and approved with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Abstained: 0 Enactment No: Res 029496 Lease agreement with YMCA for use of T.C. Ayers Pool for free summer swim program 12. Ordinance authorizing the City Manager, or designee, to execute lease agreement with Young Men's Christian Association of the Coastal Bend, Inc. (YMCA) for use of the T. C. Ayers Pool and adjacent grounds for summer 2012 and two additional summer periods, for YMCA's operation of free summer swim programs; and declaration of emergency. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Abstained: 0 Enactment No: Ord 029497 Interlocal Agreements with local school districts to provide summer program transportation services 13. Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Calallen Independent School District to provide transportation services for summer youth recreation programs. The foregoing resolution was passed and approved with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Abstained: 0 Corpus Christi Page 6 Printed on 6/13/2012 City Council Meeting Minutes - Draft June 12, 2012 Enactment No: Res 029498 14. Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Corpus Christi Independent School District to provide transportation services for summer youth recreation programs. The foregoing resolution was passed and approved with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Abstained: 0 Enactment No: Res 029499 15. Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Flour Bluff Independent School District to provide transportation services for summer youth recreation programs. The foregoing resolution was passed and approved with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Abstained: 0 Enactment No: Res 029500 Authorization of expenditures for Chamber of Commerce Base Closure Task Force efforts 16. Resolution to authorize expenditures of $25,000 in FY 2012 and $75,000 in FY 2013 to be used by the South Texas Military Facilities Task Force for efforts to keep open the Corpus Christi Army Depot, Naval Air Station Kingsville, and Naval Air Station Corpus Christi. The foregoing resolution was passed and approved with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Abstained: 0 Enactment No: Res 029501 Authorization to execute future Memoranda of Agreement with the Federal Aviation Administration Corpus Christi Page 7 Printed on 6/13/2012 City Council Meeting Minutes - Draft June 12, 2012 17. Resolution authorizing the execution of future Federal Aviation Administration Memoranda of Agreement for technical services associated with the Runway Safety Project at Corpus Christi International Airport to be paid from funds that will be awarded under future Federal Aviation Administration Grant Nos.49 and 50. The foregoing resolution was passed and approved with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Abstained: 0 Enactment No: Res 029502 Approval of agreement with TxDOT for use of right -of -way for Airport runway extension lighting project 18. Resolution authorizing the City Manager, or designee, to execute a Multiple Use Agreement with the Texas Department of Transportation (TxDOT) for 1) the construction and maintenance of two Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights (MALSR) stations; and 2) the lowering and /or relocation, and maintenance of light poles and signage in State Highway (S.H.) 44 right -of -way. The foregoing resolution was passed and approved with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Abstained: 0 Enactment No: Res 029503 Approval of contract for construction contract review for energy efficiency conservation project 19. Motion authorizing the City Manager, or designee, to execute Amendment No. 3 for peer review services with Stridde, Callins & Associates, Inc. of Corpus Christi, Texas, in the amount of $125,000.00 for the Energy Efficient Conservation Retrofit - Major City Facilities project. The foregoing motion was passed and approved with the following vote: Corpus Christi Page 8 Printed on 6/13/2012 City Council Meeting Minutes - Draft June 12, 2012 Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Abstained: 0 Enactment No: M2012 -103 Appropriation of funds and construction contract award for Planning Department's new offices 20. Ordinance appropriating $83,784.51 from the Maintenance Services Unreserved Fund Balance No. 5110 for the Planning Department New Offices at City Hall First Floor, changing the FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing expenditures by $83,784.51. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Abstained: 0 Enactment No: Ord 029504 21. Motion authorizing the City Manager, or designee, to execute a Job Order Contract with Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $58,849.48 for the Planning Department New Offices at City Hall First Floor project. The foregoing motion was passed and approved with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Abstained: 0 Enactment No: M2012 -104 Award of construction contract for City Hall exterior lighting improvements 22. Motion authorizing the City Manager, or designee, to award a Job Order Construction Contract with Alpha Building Corporation of Corpus Christi, Texas in the amount of $63,697.84 for City Hall Exterior Lighting Corpus Christi Page 9 Printed on 6/13/2012 City Council Meeting Minutes - Draft June 12, 2012 Improvements for increased illumination and efficiency. The foregoing motion was passed and approved with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Abstained: 0 Enactment No: M2012 -105 Amendment to CIP and Participation Agreement for city's portion of street construction costs for Greystone subdivision 23. Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 by adding Projects #E12036 Greystone Subdivision, Unit 3, Street Participation and #E12035 CCISD - Southside MS Tract PA, Street Participation; increasing expenditures in the amount of $283,381.76; and declaring an emergency. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Aye: 7 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Nay: 1 - Council Member Leal Absent: 1 - Mayor Adame Abstained: 0 Enactment No: Ord 029505 24. Motion authorizing the City Manager, or his designee, to execute a Participation Agreement with Alty Enterprises, Inc., Developer of Greystone Subdivision Unit 3, in the amount of $44,885.66 for the City's portion of the cost of Sydney Street abutting the linear park, in accordance with the Unified Development Code. The foregoing motion was passed and approved with the following vote: Aye: 7 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Nay: 1 - Council Member Leal Absent: 1 - Mayor Adame Abstained: 0 Enactment No: M2012 -106 Corpus Christi Page 10 Printed on 6/13/2012 City Council Meeting Minutes - Draft June 12, 2012 2nd Reading Ordinance - Amending Urban Transportation Plan to modify Aquarius Street 25. Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, by providing for modification of street alignment of Aquarius Street; amending related elements of the Comprehensive Plan of the City; providing for severance; providing for publication. (1st Reading - 5/29/12) The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Abstained: 0 Enactment No: Ord 029506 2nd Reading Ordinance - Amending Urban Transportation Plan to modify Martin Street 26. Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, by providing for modification of Martin Street; amending related elements of the Comprehensive Plan of the City; providing for severance; providing for publication. (1st Reading - 5/29/12) The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Abstained: 0 Enactment No: Ord 029507 2nd Reading Ordinance - Amending Urban Transportation Plan to add Master Channel Ditch 27 to Bicycle and Pedestrian Plan Map 27. Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi; by adding Master Channel Ditch 27 to the Bicycle and Pedestrian Plan Map; amending related elements of the Comprehensive Plan of the City; providing for severance; providing for publication. (1st Reading - 5/29/12) Corpus Christi Page 11 Printed on 6/13/2012 City Council Meeting Minutes - Draft June 12, 2012 The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Abstained: 0 Enactment No: Ord 029508 2nd Reading Ordinance - Appropriation of revenues from customer facility fee to offset cost of Airport rental car facility 28. Ordinance appropriating $629,027 in revenue from customer facility charges in the No. 4632 Airport Customer Facility Charge Fund to fund design, construction and debt service associated with the Quick Turn Around facility for rental car operations at Corpus Christi International Airport and transferring $483,675 into the Airport CFC Debt Service Fund No. 4643; amending the FY 2011 -2012 capital budget adopted by Ordinance No. 029135 to increase appropriations by $629,027. (1st Reading - 5/29/12) The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Abstained: 0 Enactment No: Ord 029509 2nd Reading Ordinance - Appropriation of developer / community contributions for park improvements 29. Ordinance appropriating $54,833.71 in developer contributions and $580.42 in interest earnings for a sum of $55,414.13 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. (1st Reading - 5/29/12) The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Corpus Christi Page 12 Printed on 6/13/2012 City Council Meeting Minutes - Draft June 12, 2012 Abstained: 0 Enactment No: Ord 029510 J. EXECUTIVE SESSION: 30. Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys 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. Mayor Pro Tem Scott announced that no action would be taken on the executive session. Type A grant to fund expansion of Del Mar College commercial drivers license training program Mayor Pro Tem Scott deviated from the agenda and referred to Items 41 and 42 and asked for comments from the audience. Abel Alonzo thanked the Type A Board for recommending projects that have a positive impact in the community. David Ainsworth thanked the Type A Board and commented about the positive impact to Del Mar College and the community. 41. Ordinance appropriating $750,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund fora business incentive grant from the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") to Del Mar College Foundation ( "Del Mar Foundation "), for the purchase of six (6) truck driving simulators to expand Del Mar College's existing Transportation Training Program; Changing the FY 2011 -2012 operating budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $750,000; and declaring an emergency. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Aye: 7 - Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Abstained: 1 - Council Member Elizondo Enactment No: Ord 029519 42. Resolution approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Del Mar College Foundation ( "Del Mar Foundation "), which provides a grant of up to $750,000, for the purchase of six (6) truck driving simulators to expand Del Mar College's existing Transportation Training Program, and Corpus Christi Page 13 Printed on 6/13/2012 City Council Meeting Minutes - Draft June 12, 2012 authorizing the City Manager or designee to execute a business incentive project support agreement with the Type A Corporation regarding implementation and administration of the Del Mar Foundation Business Incentive Agreement for the creation and retention of jobs. The foregoing resolution was passed and approved with the following vote: Aye: 7 - Council Member Adler, Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Abstained: 1 - Council Member Elizondo Enactment No: Res 029520 K. PUBLIC HEARINGS: Change of zoning from commercial to light industrial on property located at 10010 South Padre Island Drive Mayor Pro Tern Scott referred to Item No. 31. Dan McGinn, Development Services stated that the Planning Commission and Staff recommends denial of the change of zoning to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG -2 /SP" General Commercial District with a Special Permit, subject to five conditions. Mr. McGinn stated that a presentation was made to the council at a prior council meeting under the Future Agenda section of the agenda. A motion was made by Council Member Elizondo, seconded by Council Member Scott to open the public hearing and passed. There were no comments. A motion was made by Council Member Martinez, seconded by Council Member Elizondo to close the public hearing and passed. 31. Case No. 0312 -01: Nueces Stone Quarry, LLC: A change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District, resulting in a change of land use from commercial to light industrial. The property to be rezoned is Flour Bluff Point, Block 6, Lots 2, 3, and 4, located along the north side of South Padre Island Drive (SH 358) between Hermine Drive and Stone Street. Planning Commission & Staff Recommendation: Denial of the change of zoning to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG -2 /SP" General Commercial District with a Special Permit for limited outside storage and a warehouse, subject to five (5) conditions. ORDINANCE Ordinance amending the Unified Development Code (UDC), upon application by Nueces Stone Quarry, LLC, by changing the UDC Zoning Map in reference to Flour Bluff Point, Block 6, Lots 2, 3, and 4, from the Corpus Christi Page 14 Printed on 6/13/2012 City Council Meeting Minutes - Draft June 12, 2012 "CG -2" General Commercial District to the "CG -2 /SP" General Commercial District with a Special Permit, subject to five (5) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Abstained: 0 Enactment No: Ord 029511 Change of zoning from residential to residential with planned unit development overlay on property located at 4325 Cedar Pass Drive Mayor Pro Tem Scott referred to Item No. 32. Dan McGinn, Development Services stated that Planning Commission and Staff recommend approval of the "RS -TF /PUD" Two - Family District with a Planned Unit Development Overlay, subject to eight conditions. Mr. McGinn stated that a presentation was provided to the council at a prior council meeting under the Future Agenda section of the agenda. A motion was made by Council Member Elizondo, seconded by Council Member Martinez to open the public hearing and passed. There were no comments from the audience. A motion was made by Council Member Elizondo, seconded by Council Member Martinez to close the public hearing and passed. 32. Case No. 0412 -01: Luxury Spec Homes Inc.: A change of zoning from the "RS -TF" Two - Family District to the "RS -TF /PUD" Two - Family District with a Planned Unit Development Overlay, not resulting in a change of future land use. The rezoning also includes the associated PUD replat. The property to be rezoned is described as Cedar Ridge Unit 1, Block 7, Lots 1B and 1C, located to the southeast of Weber Road and east of Yorktown Boulevard. Planning Commission & Staff Recommendation (April 11, 2012): Approval of the "RS -TF /PUD" Two - Family District with a Planned Unit Development Overlay subject to eight (8) conditions. ORDINANCE Ordinance amending the Unified Development Code (UDC), upon application by Luxury Spec Homes Inc., by changing the UDC Zoning Map in reference to Cedar Ridge Unit 1, Block 7, Lots 1B and 1C, from the "RS -TF" Two - Family District to the "RS -TF /PUD" Two - Family District with a Planned Unit Development Overlay, subject to eight (8) conditions; Corpus Christi Page 15 Printed on 6/13/2012 City Council Meeting Minutes - Draft June 12, 2012 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. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Abstained: 0 Enactment No: Ord 029512 Change of zoning from residential to light industrial on property located at 9149 State Highway 44 Mayor Pro Tem Scott referred to Item No. 33. Dan McGinn, Development Services stated that the Planning Commission and Staff recommend approval of the change of zoning from the "RS -6" Single - Family 6 District to the "IL" Light Industrial District. Mr. McGinn stated that a presentation was provided to the council at a prior council meeting under the Future Agenda section of the agenda. A motion was made by Council Member Elizondo, seconded by Council Member Martinez to open the public hearing and passed. There were no comments. A motion was made by Council Member Martinez, seconded by Council Member Elizondo to close the public hearing and passed. 33. Case No. 0412 -03: CBH Equity, LLC: A change of zoning from the "RS -6" Single - Family 6 District to the "IL" Light Industrial District. The property to be rezoned is approximately 10 acres out of a 13.987 -acre tract of land described in a survey of 254.069 acres of land, more or less, out of the west 5/8 of Section or Survey 402, Certificate No. 1739, Patent No. 359, Volume 37, Abstract No. 988 in Nueces County, Texas. Planning Commission & Staff Recommendation (April 25, 2012): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "IL" Light Industrial District. ORDINANCE Ordinance amending the Unified Development Code (UDC), upon application by CBH Equity, LLC, by changing the UDC Zoning Map in reference to approximately 10 acres out of a 13.987 -acre tract of land described in a survey of 254.069 acres of land, more or less, out of the west 5/8 of Section or Survey 402, Certificate No. 1739, Patent No. 359, Volume 37, Abstract No. 988 in Nueces County, Texas, from the "RS -6" Single - Family 6 District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations from the existing Corpus Christi Page 16 Printed on 6/13/2012 City Council Meeting Minutes - Draft June 12, 2012 Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Abstained: 0 Enactment No: Ord 029513 Proposed FY 2013 Crime Control and Prevention District Budget 34. Public Hearing on proposed Crime Control and Prevention District FY2013 Budget Pat Eldridge, Police Administration Manager stated that this item is a public hearing for the Proposed Budget for FY 2012/2013 for the Crime Control & Prevention District. Ms. Eldridge added that a presentation was provided to the Council at a prior council meeting under the Future Agenda section of the agenda. A motion was made by Council Member Martinez, seconded by Council Member Elizondo to open the public hearing and passed. Abel Alonzo thanked the police department for their work and the taxpayers for supporting the Crime Control District. A motion was made by Council Member Elizondo, seconded by Council Member Adler to close the public hearing and passed. L. REGULAR AGENDA EMINENT DOMAIN ITEMS Mayor Pro Tem Scott referred to Items 35 and 36. Fred Segundo, Director of Aviation stated that this item relates to the use of power of eminent domain to acquire certain property rights associated with the Corpus Christi International Airport Runway Extension /Displacement Project. Mr. Segundo stated that a presentation was provided to the Council at a prior council meeting under the Future Agenda section of the agenda. Mayor Pro Tem Scott asked for comments from the audience. There were no comments. 35. Motion adopting a Resolution authorizing the use of the power of eminent domain to acquire certain property rights to tract of land referred to herein as Parcels 3, 3A, and 3B located in the area adjacent to State Highway 44, more specifically, for 0.87 acres fee simple; and 14.10 acres for an Avigation Easement; both being a portion of Tracts 1 and 2 of the V.M. Donigan Partition recorded in Volume 501, page 228, Deed Records of Nueces County, Texas, in Corpus Christi, Texas, for public use for the Corpus Christi International Airport (CCIA) Runway Extension / Displacement Project. Corpus Christi Page 17 Printed on 6/13/2012 City Council Meeting Minutes - Draft June 12, 2012 The foregoing resolution was passed and approved with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Abstained: 0 Enactment No: Res 029514 36. Motion adopting a Resolution authorizing the use of the power of eminent domain to acquire certain property rights to an Avigation and Hazard Easement referred to herein as Parcel 1 located in the area adjacent to State Highway 44, more specifically, for 7.80 acres being a portion of Tract 4 of the V.M. Donigan Partition recorded in Volume 501, page 228, Deed Records of Nueces County, Texas, in Corpus Christi, Texas, for public use for the Corpus Christi International Airport (CCIA) Runway Extension / Displacement Project. The foregoing resolution was passed and approved with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Abstained: 0 Enactment No: Res 029515 Award of construction contract for rehabilitation of wastewater lift stations Mayor Pro Tern Scott referred to Item No. 37. Dan Biles, Interim Director of Engineering stated that this item approves a construction contract for two lift stations, Everhart and Staples Lift Station and Padre Island Section 4 Lift Station. Mr. Biles stated that a presentation was provided to the Council at a prior council meeting under the Future Agenda section of the agenda. Mayor Pro Tern Scott asked for comments from the audience. There were no comments. 37. Motion authorizing the City Manager, or designee, to execute a construction contract with J. S. Haren Company of Athens, Texas in the amount of $857,000 for the Base Bid of the Rehabilitation of Lift Stations FY 2011 Project as follows: - Everhart and Staples Lift Station - Padre Island Section 4 Lift Station The foregoing motion was passed and approved with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Corpus Christi Page 18 Printed on 6/13/2012 City Council Meeting Minutes - Draft June 12, 2012 Absent: 1 - Mayor Adame Abstained: 0 Enactment No: M2012 -107 Agreement with FEMA regarding City's levee system Mayor Pro Tern Scott referred to Item No. 38. Dan Biles, Interim Director of Engineering Services stated that this item is for the Accredited Levee Agreement with the Federal Emergency Management Agenda (FEMA). Mr. Biles stated that a presentation was provided to the Council at a prior council meeting under the Future Agenda section of the agenda. He also stated that a new slide was included which outlines FEMA's implementation schedule. Mayor Pro Tern Scott asked for comments from the audience. There were no comments. 38. Resolution authorizing the City Manager, or designee, to execute a Provisionally Accredited Levee (PAL) Agreement with the Federal Emergency Management Agency (FEMA) for Scenario Al: Levee not in Federal System for the Corpus Christi Flood Protection System. The foregoing resolution was passed and approved with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Abstained: 0 Enactment No: Res 029516 Type A grant to provide business incentives for Motorglobe project Mayor Pro Tern Scott referred to Items 39 and 40. Mike Culbertson, Economic Development Corporation stated that this provides for a grant from the Type A to incentivize Motorglobe to locate their national headquarters in Corpus Christi. Mayor Pro Tern Scott asked for comments from the audience. There were no comments. 39. Ordinance appropriating $125,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund fora business incentive grant from the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") to Little Boeing Blue, Inc. ( "Motorglobe ") for building improvements and new equipment for a new headquarters in Corpus Christi and the creation and retention of jobs; Changing the FY 2011 -2012 operating budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $125,000; and declaring an emergency. An emergency was declared and the foregoing ordinance was passed and Corpus Christi Page 19 Printed on 6/13/2012 City Council Meeting Minutes - Draft June 12, 2012 approved with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Abstained: 0 Enactment No: Ord 029517 40. Resolution approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Little Boeing Blue, Inc. ( "Motorglobe "), which provides a grant of up to $125,000, for building improvements and new equipment for a new headquarters in Corpus Christi, and the creation and retention of at least 50 full time jobs with an annual average salary of at least $50,000 over a five year period, and authorizing the City Manager or designee to execute a business incentive project support agreement with the Type A Corporation regarding implementation and administration of the Motorglobe Business Incentive Agreement for the creation and retention of jobs. The foregoing resolution was passed and approved with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Abstained: 0 Enactment No: Res 029518 Amendment to Financial Policies Mayor Pro Tern Scott referred to Item No. 43. Margie Rose, Assistant City Manager stated that a presentation was provided to the Council at a prior council meeting under the Future Agenda section of the agenda. Mayor Pro Tern Scott asked for comments from the audience. There were no comments. 43. Resolution amending Financial Policies adopted by Resolution 029128 and providing Financial Policy direction on preparation of the Annual Budgets. The foregoing resolution was passed and approved with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Mayor Adame Corpus Christi Page 20 Printed on 6/13/2012 City Council Meeting Minutes - Draft June 12, 2012 Abstained: 0 Enactment No: Res 029521 M. FIRST READING ORDINANCES Approval of FY 2013 Annual Audit Plan Mayor Pro Tem Scott referred to Item No. 44. Celia Gaona, City Auditor referred to the Fiscal Year 2013 Audit Plan. She added that per City Ordinance, the Audit Plan is due 30 days prior to the beginning of the Fiscal Year. Ms. Gaona added that the Audit Plan was presented to the Audit Committee on May 29th. She referred to a presentation and stated that the audit was based on Department Level Risk Assessments and included four proposed audits, five follow -up audits, and one audit carried over from Fiscal Year 2012. Mayor Pro Tem Scott asked for comments from the audience. Abel Alonzo thanked the City Auditor's Office and the taxpayers for approving this department. 44. Ordinance to approve the Fiscal Year 2013 Annual Audit Plan. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - MayorAdame Abstained: 0 Appropriation of library donations Mayor Pro Tem Scott referred to Item No. 45. Herb Canales, Director of Libraries stated that this item appropriates donations totaling $18,605.81 available to the library. Mayor Pro Tem Scott asked for comments from the audience. There were no comments. 45. Ordinance authorizing the City Manager to accept and appropriate in the Library Grants Fund No. 1068 the following donations for the following purposes: $8,155.81 from the Neyland Estate for the Neyland Library; $10,000 from the Fredric W. M. Germaine Estate for purchase of investment publications; and $450.00 from the American Library Association for the Vision of the Universe program. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - MayorAdame Corpus Christi Page 21 Printed on 6/13/2012 City Council Meeting Minutes - Draft June 12, 2012 Abstained: 0 Ordinance to promote use of local businesses in procurement process Mayor Pro Tem Scott referred to Item No. 46. Mike Barrera, Assistant Director of Finance Services stated that this item is amending the Council Policy to allows for local bidder preference and the award of certain contracts. He stated that it is structured to comply with the Local Government Code, Chapter 271. Mayor Pro Tem Scott asked for comments from the audience. There were no comments. 46. Ordinance adding Section 26, Hire Corpus Christi First, to Part II Council Policies, of the Corpus Christi Code of Ordinances, relating to local contracting preferences; providing for penalty. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8 - Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - MayorAdame Abstained: 0 N. FUTURE AGENDA ITEMS AND UPDATES TO CITY COUNCIL Mayor Pro Tem Scott referred to the Future Agenda section, Items 47 through 61. Mayor Pro Tem Scott stated that these items are for informational purposes only and that no action or public comment would be taken at this time. Staff provided presentations on Item Numbers 56, 60 and 61. Purchase of replacement vehicles for various City departments 47. Motion approving the lease purchase of one (1) pickup truck and the purchase of eleven (11) pickup trucks and one (1) heavy duty truck in the amount of $314,850.27 of which $292,947.52 is required for FY 2011/2012. The vehicles are awarded to the following companies for the following amounts in accordance with Bid Invitation No. BI- 0044 -12, based on low bid and the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. All thirteen (13) vehicles are replacement units to the fleet. These vehicles will be used by Parks and Recreation, Street, Gas, Water, and Storm Water Departments. Funding for the purchase of these vehicles is available in the Capital Outlay Budget of the Maintenance Services Fund and the Operations Budgets of Park and Recreation, Street and Water Departments. Financing for the lease purchase of the pickup truck will be provided through the City's lease /purchase financing contractor. Champion Ford Caldwell Country Ford Philpott Motors Corpus Christi Page 22 Printed on 6/13/2012 City Council Meeting Minutes - Draft June 12, 2012 Corpus Christi, TX Caldwell, TX Items: 1, 2, 4 -7 Item: 3 $209,275 $21,644 Grand Total: $314,850.27 Nederland, TX Item 8 $83,931.27 This Motion was recommended by staff to the Consent Agenda. Service agreement for video inspection of wastewater lines 48. Motion approving a service agreement with Video Plumbing, Inc., Corpus Christi, Texas for closed circuit television pipeline inspection services in accordance with Bid Invitation No. BI- 0159 -12 based on only bid for an estimated annual expenditure of $502,933 of which $83,822.18 is required for the remainder of FY 2011 -2012. The term of the agreement shall be for twelve months with option to extend for up to two additional twelve months periods, subject to the approval of the supplier and the City Manager or his designee. Funds are budgeted in the Wastewater Department Operational Budget in FY 2011 -2012 and have been requested for FY 2012 -2013. This Motion was recommended by staff to the Consent Agenda. Acceptance of State grant amendment and appropriation of funds for tuberculosis prevention program 49. Resolution authorizing the City Manager or his designee to accept a grant amendment in the amount of $7,047 from the Texas Department of State Health Services for the Tuberculosis Program and execute all related documents; and ratifying acceptance of the grant amendment to be effective March 26, 2012. This Resolution was recommended by staf to the Consent Agenda. 50. Ordinance appropriating a grant amendment in the amount of $7,047 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for the Tuberculosis Program; and declaring an emergency. This Ordinance was recommended by staff to the Consent Agenda. Acceptance of State grant amendment and appropriation of funds to support laboratory services for public health emergencies 51. Resolution authorizing the City Manager or designee to accept a grant amendment in the amount of $15,744 from the Texas Department of State HealthServices for the Laboratory Response Network Public Health Preparedness Program, extending the grant until August 31, 2012, and to execute all related documents. Corpus Christi Page 23 Printed on 6/13/2012 City Council Meeting Minutes - Draft June 12, 2012 This Resolution was recommended by staff to the Consent Agenda. 52. Ordinance appropriating a grant amendment in the amount of $15,744 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for the Laboratory Response Network Public Health Emergency Preparedness Program; and declaring an emergency. This Ordinance was recommended by staff to the Consent Agenda. Acceptance of State grant, appropriation of funds, and interlocal agreement with CCISD to support Summer Food Program 53. Resolution authorizing the City Manager or his designee to execute all documents necessary to accept the Summer Food Service Program Grant in the amount of $250,000 from the Texas Department of Agriculture to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. This Resolution was recommended by staff to the Consent Agenda. 54. Ordinance appropriating a $250,000 grant from the Texas Department of Agriculture in the No. 1067 Parks and Recreation grant fund to operate a summer food service program for summer recreation participants ages one to eighteen years; and declaring an emergency. This Ordinance was recommended by staff to the Consent Agenda. 55. Resolution authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for summer recreation. This Resolution was recommended by staff to the Consent Agenda. Lease renewal for use of building at 821 Louisiana Parkway by CC Model Railroad Club 56. Ordinance authorizing the City Manager, or designee, to execute lease agreement with the Corpus Christi Model Railroad Club for use of the building at 821 Louisiana Parkway and adjacent grounds for three years; and declaration of emergency. This Ordinance was recommended by staff to the Consent Agenda. Geotechnical service agreements for groundwater monitoring of City landfills 57. Motion authorizing the City Manager, or designee, to execute a geotechnical services agreement with Kleinfelder of Corpus Christi, Texas in the amount of $89,500 for the J. C. Elliott Landfill Groundwater Monitoring FY 2012 -2013. Corpus Christi Page 24 Printed on 6/13/2012 City Council Meeting Minutes - Draft June 12, 2012 This Motion was recommended by staff to the Consent Agenda. 58. Motion authorizing the City Manager, or designee, to execute a geotechnical services agreement with Kleinfelder of Corpus Christi, Texas in the amount of $108,100 for the Cefe Valenzuela Landfill Groundwater Monitoring FY 2012 -2013. This Motion was recommended by staff to the Consent Agenda. Award of contract to install and replace fencing at the Universal Little League fields located at Manuel Q. Salinas Park 59. Motion authorizing the City Manager, or designee, to execute a Job Order Contract with Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $124,771.46 for fencing at the Universal Little League fields. (Bond Issue 2008) This Motion was recommended by staff to the Consent Agenda. Award of professional services contract to upgrade disinfection system for wastewater treatment plant 60. Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services contract with Freese and Nichols of Corpus Christi, Texas in the amount of $249,352.00 for the Whitecap Wastewater Treatment Plant Ultra - Violet (UV) Disinfection System Upgrade. This Motion was recommended by staff to the Regular Agenda. Reimbursement resolution for expenditure of funds for airport system improvements 61. Resolution relating to establishing the City's intention to reimburse itself in an amount not to exceed $6,000,000 for the prior lawful expenditure of funds from the proceeds of obligations to be issued by the City for authorized purposes relating to constructing improvements to the City's Airport System; authorizing matters incident and related thereto; and providing an effective date. This Resolution was recommended by staff to the Regular Agenda. UPDATES TO CITY COUNCIL 62. Mayor's Fitness Council 2012 Update Mayor Pro Tem Scott referred to Item No. 62, Presentation on 2012 Mayor's Fitness Council Report. Mr. Wade Spenst, Chairman, Mayor's Fitness Council (MFC) provided an annual update on the progress since being established in 2010 and discussed future goals and initiatives. He added that the Governor's Fitness Grant was awarded to the MFC in the amount of $80,000 in 2010, and Corpus Christi Page 25 Printed on 6/13/2012 City Council Meeting Minutes - Draft June 12, 2012 that over $55,000 was granted to community partners for program based initiatives. O. SPECIAL BUDGET PRESENTATION 63. Proposed FY 2012 -2013 Operating Budget: General Fund Summary Mayor Pro Tem Scott referred to Item No. 63, Update on Proposed FY 2012 -2013 Operating Budget - General Fund Summary. Margie Rose, Assistant City Manager provided an update and discussed the following: mission; referred to a chart that dipicted how all funds interact with the General Fund; comparisons to other cities on the following - General & Debt Service Fund Budgeted Ad Valorem Tax per Capita, General Fund Sales Tax Budgeted per Capita, Budgeted Revenue and Expenditures, Operating and Debt Service Rates per $100 Valuation; the 5 -Year Property Tax Rates, Property Tax Rate Distribution among the taxing entities; General Fund FTE Employees; and discussed the General Fund Revenue. Mayor Pro Tem Scott deviated from the agenda and referred to Public Comment scheduled for 4:00 pm. Mayor Pro Tem Scott returned to Item No. 63. Ms. Rose continued her presentation and discussed General Fund Expenditures; projected change in Fund Balance; reviewed the approved Decision Packages for FY2013; and provided an overview of the following issues: three -year projection, business plans, managed competition, compensation equity, retirement contribution, health insurance, separation of funds /change in fiscal year, street funding, police -in -car video system, code enforcement, animal services, municipal court, health department, citizen cash card, and fire union negotiations. P. Public Comment. Donald Contreras, spoke about the upcoming Regional Transportation Authority appointment and that he supports the appointment of an individual with a disability; Abel Alonzo also spoke about the upcoming Regional Transportation Authority appointment and supports Bill 1621 for the appointment of an individual who represents transportation disadvantage rider; Mary Lou Huffman, referred to a newspaper article regarding parking, widening driveways and various other issues; Colin Sykes, spoke about a Supreme Court ruling that gives corporations constitutional rights as persons; Ridge Hammons, HELP, stated that this organization provides local youth in at -risk situations the opportunity to experience a variety of career in order to find employment, and also invited the Council to their 2nd Annual Event scheduled for Setember 20, 2012; and Rudy Garza also spoke in support of the HELP organization. Q. CITY MANAGER'S COMMENTS: Mr. Olson recognized Wesley Pierson as the new Assistant City Manager. Mr. Pierson stated that he is excited about his employment with the City of Corpus Christi and looks forward to being part of the team. Mr. Olson also announced the appointment of Tom Taglibue as Intergovernmental Relations Officer and that he will begin his employment with the City of Corpus Christi on June 18, Corpus Christi Page 26 Printed on 6/13/2012 City Council Meeting Minutes - Draft June 12, 2012 2012. Mr. Olson again thanked Ms. Toby Futrell for her service as Interim Assistant City Manager. Update on City Operations R. ADJOURNMENT There being no further business to come before the council, Mayor Pro Tem Scott adjourned the meeting at 5:10 pm. Corpus Christi Page 27 Printed on 6/13/2012 a. ADVISORY COMMITTEE ON COMMUNITY PRIDE — One vacancy with term to 8- 25 -13. (Appointed by the Mayor with approval of the City Council.) DUTIES: To advise the Mayor and City Council on development and implementation of a comprehensive community pride campaign that will interrelate with the efforts and purpose of the Clean City Advisory Committee. COMPOSITION: The committee shall consist of eleven (11) members appointed by the Mayor with approval of the City Council to serve two -year terms. Of the initial members, six (6) members shall serve a two -year term and five (5) members shall serve a one -year term, as determined by a drawing to be conducted by the City Secretary's Office. Thereafter, all terms shall be two (2) years. The Director of Public Information and the Director of Neighborhood Services shall serve as ex- officio without vote. ORIGINAL MEMBERS TERM APPTD. DATE Stacy Richards 8 -25 -12 8 -25 -09 Stefany Tegeler Schade 8 -25 -13 12 -13 -11 Ryan Ridlehuber 8 -25 -12 8 -25 -09 Jason Haviland 8 -25 -13 12 -13 -11 Oscar Carmona 8 -25 -12 5 -11 -10 ** *Jack R. Pence III 8 -25 -13 6 -28 -11 Philip John Ramirez, A.I.A. 8 -25 -12 8 -25 -09 J. Kyle Davidson 8 -25 -13 8 -25 -09 Tony Reyes 8 -25 -12 6 -28 -11 Elisa Macias 8 -25 -13 4 -27 -10 Christina Hernandez 8 -25 -13 6 -28 -11 Director of Public Information Ex- Officio, Nonvoting Director of Neighborhood Services Ex- Officio, Nonvoting Legend: * Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation INDIVIDUALS EXPRESSING INTEREST: Alice Aparicio- Bussey Nicole Andrade Realtor, Keller Williams Realty. Attended Del Mar College. Licensed Real Estate Agent over 25 years. Activities include: Keller Williams Cares, and Corpus Christi Citizens Police Alumni Association. (03/19/12) Human Resource Manager, Texas State Aquarium. Received Associates Degree in Business Administration from Del Mar College and Bachelors in HR from Saint Leo University. Currently Pursing Masters Degree at Saint Leo Andi Baker Jonathan Mike Barlow Sarah Lathrop Baugh Marjorie N. Boudreaux Luis F. Cabrera Bob Copes Bill J. Hoelscher University. Activities include: Corpus Christi Human Resource Management Association and Local American Society for Training and Development. (5/14/11) Realtor, Keller Williams Realty. Received BBA from University of North Texas. Activities include: Association of Realtors and Builders Association. (4/12/11) Parking Lot Attendant. Volunteers with Texas State Aquarium. (5/4/11) Chief Operating Officer, Dash Truck and Equipment Sales, Inc. Activities include: Cowboy Church Committee for Buc Days, Calallen Baptist Church, Junior League and Republican Party. (2/25/11) Director of Marketing & Communications, Goodwill Industries of South Texas. Received a BA in English from Texas A &M University — Corpus Christi. Activities include: American Marketing Association, Toastmasters International, and YWCA. (09/15/11) Human Resources Representative, Cintas Corporation. Received a BBA from Texas A &M- Corpus Christi. Professional with Human Resources certification. Activities include: Iglesia Maranatha volunteer, Corpus Christi Human Resource Management Association, and Young Business Professional of the Coastal Bend. (6/12/12) Proprietor, Copes Communications Consulting. Received a BS in Chemical Engineering from the University of Houston. Attended two years at UT- Austin. Strong history in marketing, communications and business systems management. Activities include: Corpus Christi Museum of Science and History's Xeriscape garden. Awards (while employed with The Lubrizol Corporation) include: ARC Awards (International Excellence in Annual Reports) 2006 ARC Awards Silver Winner, 2008 ARC Awards Bronze Winner, 2007 League of American Communication Professionals 2007 Vision Platinum Award. (5/31/12) Executive Director, Coastal Bend AIDS Foundation. Received a BA in Psychology and an MS in Counseling from Corpus Christi State University (TAMUCC). He has worked with many non - profits over the years and is willing to give more time and service to the community. (11 /01 /11) Beth Kingsbury Assistant Marketing Manager, HDR Engineering, Inc. Received BBA in Marketing from Texas A &M University - College Station and MBA from Texas A &M University- Corpus Christi. Activities Include: Nueces County A &M Club, Literacy Council, Lector Coordinator at St. Philip the Apostle and Leadership Corpus Christi. (1/7/11) William "Mickey" Kramer, Jr. Agent, Kramer Insurance Agency. Received BA in Political Science from Texas A &M University - Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk, volunteers at son's CCISD school. (6/1 7/11) Bryan Mayhood Director of Season Ticket Services, Corpus Christi Hooks Baseball Club. Graduated from Texas A &M University- Corpus Christi. Activities include: Heart Walk Committee. (1/5/11) Ben Molina Sylvia Portales Michael Rivera Matt Teifke, Jr. General Manager, both Apex Engineers & Consultants and Pinnacle Roofing Systems. Activities include: Young Business Professionals, Habitat for Humanity, Corpus Christi "40 under 40" — 2011 recipient, former member Zoning Board of Adjustment. (3/7/12) Retired. Formerly Senior Appraiser, Nueces County Tax Appraisal District. Attended Durhams Business School. Activities include: Hispanic Womens Network of Texas, and Volunteer at Senior Centers. Recipient of Ms. Congeniality in Ms. Coastal Bend Senior Pagent. (4/12/11) Retired. Attended 2 years college. Former work included General Manager with U.S. Government. Currently volunteers and promotes the Pulmonary Hypertension Association. (12/06/11) Realtor, Garron Dean & Associates Realtors. Currently 3rd year student at Texas A &M University — Corpus Christi, with History major, Social Work minor. Activities include: Big Brothers/Big Sisters of South Texas. (4/27/12) b. CIVIL SERVICE COMMISSION — One vacancy with term to 6- 15 -15. (The City Manager appoints to the Civil Service Commission, subject to confirmation by the City Council.) FIREFIGHTERS AND POLICE OFFICERS ONLY DUTIES: To adopt, amend, and enforce a code of rules and regulations providing for appointment, employment, or suspension in all positions in the classified service based upon citizenship, character, merit, efficiency, and industry, which shall have the force and effect of law; and also rules regulating promotions, demotions, reduction of force of employees in the classified service and in what order they shall be dismissed and reinstated. With additional duty as outlined under Chapter 143, Texas Local Government Code. COMPOSITION: Three (3) members shall be appointed by the Chief Executive of the City and confirmed by a majority of the City Council. Members must (1) be of good moral character, (2) be a U. S. Citizen, (3) be a resident of the City and have lived in the City for three years preceding appointment, (4) be over 25 years of age, and (5) not have held a public office within the preceding three years. ORIGINAL MEMBERS TERMS APPTD. DATES *Susanne Bonilla, Chair 6 -15 -12 5 -26 -09 Catherine F. Lutz 6 -15 -14 6 -28 -11 Hector Saenz, Jr. 6 -15 -13 7 -20 -10 Legend: * Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Susanne Bonilla 4 4 100% OTHER INDIVIDUALS EXPRESSING INTEREST: Karon K. Connelly Attorney -At -Law. Private Practice. Obtained BA degree from West Texas A &M University. Graduate of Texas Tech School of Law — Doctorate of Jurisprudence. Certified Mediator; Certified Hearing Officer (TX Board of Education). Admitted to U.S. Supreme Court, 5th Circuit Court of Appeals, TX Northern District Court, TX Southern District Court. Activities include: Member of State Bar of TX, Corpus Christi Bar Assoc., TX Center for Jamie Hill Jason M. Mcdonel Anthony John Mulheron Joel S. Mumphord Abel A. Sanchez Leslie Vlisides Legal Ethics, Women's & Men's Health Services of the Coastal Bend. (5/24/12) Sr. Human Resources Generalist, FMC Technologies. Attended Del Mar College. Activities include: Society of Human Resource Management Association, Corpus Christi Human Resource Management Association, and Volunteer for Salvation Army's Surviving the Night Program. (6/8/11) Juvenile Probation Officer, Nueces County Juvenile Probation Department — Nueces County Boot Camp. Received Bachelors in Education majoring in Kinesiology and Social Studies. Served 4 years in U.S. Marine Corps. (12/15/11) Quality Control Inspector, L3. Owner, AJM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (5/2/11) Retired, Encycle, Inc. Served in Law Enforcement. Activities include: Host of T.V. Show, Community Action Agency, Molina Neighborhood Day Care, HIALCO President. (4/28/11) Retired, United States Postal Service Letter Carrier. Attended Del Mar College. Activities include: Veteran Center, Coastal Bend Council of Alcohol and Drugs, Veteran's Administration Outpatient Clinic and Golf Marshal at Naval Air Station. (4/12/11) Human Resources Manager, Swantner & Gordon Insurance Agency. Received BBA in Management. Activities include: Corpus Christi Human Resources Management Association, Best Places to Work, Christian Day Camp, Relay for Life and American Red Cross. (5/10/11) c. CIVIL SERVICE BOARD — One vacancy with term to 6- 15 -15. DUTIES: To adopt, amend, and enforce a code of rules and regulations providing for appointment, employment, or suspension in all positions in the classified service based upon citizenship, character, merit, efficiency, and industry, which shall have the force and effect of law; and also rules regulating promotions, demotions, reduction of force of employees in the classified service and in what order they shall be dismissed and reinstated. COMPOSITION: Three (3) members shall be appointed by the Council for three -year terms or until a successor is named. The members choose their own chairman and appoint a chief examiner, not a member of the Board, who shall also act as secretary. Members must (1) be of good moral character, (2) be a U. S. Citizen, (3) be a resident of the City and have lived in the City for three years preceding appointment, (4) be over 25 years of age, and (5) not have held a public office within the preceding three years, with the exception of notary public. ORIGINAL MEMBERS TERMS APPTD. DATES *Susanne Bonilla, Chair 6 -15 -12 5 -26 -09 Catherine F. Lutz 6 -15 -14 6 -28 -11 Hector Saenz, Jr. 6 -15 -13 7 -20 -10 Legend: * Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Susanne Bonilla 4 4 100% OTHER INDIVIDUALS EXPRESSING INTEREST: Karon K. Connelly Attorney -At -Law. Private Practice. Obtained BA degree from West Texas A &M University. Graduate of Texas Tech School of Law — Doctorate of Jurisprudence. Certified Mediator; Certified Hearing Officer (TX Board of Education). Admitted to U.S. Supreme Court, 5th Circuit Court of Appeals, TX Northern District Court, TX Southern District Court. Activities include: Member of State Bar of TX, Corpus Christi Bar Assoc., TX Center for Legal Ethics, Women's & Men's Health Services of the Coastal Bend. (5/24/12) Maria M. Gonzalez Jamie Hill Jason M. Mcdonel Anthony John Mulheron Joel S. Mumphord Abel A. Sanchez Leslie Vlisides Retired. Former City of Corpus Christi employee, last worked in the Senior Services Department. Attended two years college. Activities include: Precinct Chairman, recording secretary for Hispanic Republican Assembly. (6/01/12) Sr. Human Resources Generalist, FMC Technologies. Attended Del Mar College. Activities include: Society of Human Resource Management Association, Corpus Christi Human Resource Management Association, and Volunteer for Salvation Army's Surviving the Night Program. (6/8/11) Juvenile Probation Officer, Nueces County Juvenile Probation Department — Nueces County Boot Camp. Received Bachelors in Education majoring in Kinesiology and Social Studies. Served 4 years in U.S. Marine Corps. (12/15/11) Quality Control Inspector, L3. Owner, AJM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (5/2/11) Retired, Encycle, Inc. Served in Law Enforcement. Activities include: Host of T.V. Show, Community Action Agency, Molina Neighborhood Day Care, HIALCO President. (4/28/11) Retired, United States Postal Service Letter Carrier. Attended Del Mar College. Activities include: Veteran Center, Coastal Bend Council of Alcohol and Drugs, Veteran's Administration Outpatient Clinic and Golf Marshal at Naval Air Station. (4/12/11) Human Resources Manager, Swantner & Gordon Insurance Agency. Received BBA in Management. Activities include: Corpus Christi Human Resources Management Association, Best Places to Work, Christian Day Camp, Relay for Life and American Red Cross. (5/10/11) d. CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY — Five (5) vacancies with terms to 6- 30 -14, one of which represents the interests of the Transportation Disadvantaged. DUTIES: To operate and provide for public transportation system for Nueces County and the cities included in the Authority. COMPOSITION: Board of Directors consist of eleven (11) members - five (5) appointed by the City Council; three (3) appointed by Nueces County Commissioners Court; two (2) appointed by the Mayors of Cities in the Transit Authority other than Corpus Christi, and the Chairman who is appointed by the Board. The principal municipality shall make its appointments to the board so that at least one of the appointees is designated to represent the interests of the transportation disadvantaged. The statute does not mandate that this Board member be "transportation disadvantaged." If Chairman is from the membership, the entity that appointed that person will appoint a replacement. Terms shall be for two years; members may serve up to eight consecutive years as stated by State Law. The State Sunset Committee suggest that the appointing bodies should consider the appointment of a regular rider of the transit system. A member of the board must be a qualified voter residing in the authority. MEMBERS TERM APPTD. DATE John Valls, Chairperson 10 -02 -13 11 -02 -05 Angie Flores Granado (Nueces County) 09 -18 -13 10 -14 -09 * *Judy Telge (City Council — Transp. Disadv.) 06 -30 -12 11 -07 -07 * * ** *John F. Longoria. (City Council) 06 -30 -12 7 -07 -04 *Tony Elizondo (City Council) 06 -30 -12 10 -18 -11 *Mary J. Saenz (City Council) 06 -30 -12 7 -02 -08 *Vangie Chapa (City Council) 06 -30 -12 7 -02 -08 Lamont Taylor (Nueces County) 09 -18 -13 10 -12 -11 Gil Hernandez (Nueces County) 09 -18 -13 1 -06 -11 Ray Hunt (Mayor of other Cities) 09 -19 -13 10 -12 -11 Robert Garcia (Mayor of other Cities) 09 -19 -12 10 -12 -11 Legend: * Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met eight -year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Vangie Chapa 12 12 100% Tony Elizondo 8 8 100% Mary J. Saenz 12 10 83% OTHER INDIVIDUALS EXPRESSING INTEREST: Jim Abram William G. Curtis Thomas E. Dreyer Self- employed, Air Traffic Control Consultant. Received B.S. in Aeronautics and M.S. in Aviation Management. (4/14/11) Board Certified Family Physician, Future Focus Direct, Northwest Family Medicine, TAMUK Medical Supervisor, Medical Director of Future Focus Family Medicine and La Med Spa, and Refugio County Memorial Hospital ER Coordinator (PT). Received a BA in Biology from Baylor University, and Medical Doctorate from UTHSC at San Antonio. Activities include: Corpus Christi Under 40 Leadership Award Class 2011, Focus on Health — Bob Jones Show, Eric Von Wade Show, Youth Soccer Coach, Great Western Soccer League Board, two -year term on Regional Health Awareness Board — Nueces County rep. (6/4/12) Received M.A. in Vocational Counseling (Special Education) from Texas A &M University - Corpus Christi and a Texas State Educators Certificate. Also obtained a BA in Psychology. Activities include: Member of the Veterans Band of Corpus Christi. (Willing to resign from the Committee for Persons with Disabilities if appointed to the CCRTA) (5/18/12) Jeff Fonseca Owner, Green Tree Lawn Care. (6/8/11) Rob Leon Operator, Flint Hills Resources. Received a BA in Criminal Justice from the University of Texas -San Antonio. Has technical experience in pipeline construction, maintenance and operation. Activities include: Delta Sigma Phi Fraternity, Big Brothers and Big Sisters. (5/21/12) Crystal Lyons Anthony John Mulheron Self- employed, Commercial Real Estate investments. Activities include: American Public Transportation Association Executive Committee; Easter Seals Project Action National Steering Committee; Transport Research Cooperative Program; and Southwest Transit Association. Received 2010 Transit Board Member of the Year Award. (10/12/11) Quality Control Inspector, L3. Owner, AJM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (5/02/11) Joel S. Mumphord Jeffrey Pollack Maurice G. Portis Curtis A. Rock Patrick D. Veteto, PE, RPLS Theunis A. Voorkamp Retired, Encycle, Inc. Served in Law Enforcement. Activities include: Host of T.V. Show, Community Action Agency, Molina Neighborhood Day Care, HIALCO President. (4/28/11) Environmental Scientist/Project Manager, HDR Engineering. Received a BA in Environmental Science from Northwestern University, and a MS in Coastal Environmental Management from Duke University. At HDR, managed a planning team that created the City's first Integrated Community Sustainability Plan. Activities include: Bay Area Smart Growth Initiative, City Brownfield Redevelopment Committee, TxDOT Tech Advisory Committee for Harbor Bridge, RTA Project Advisory Committee for Long -range plan. (5/10/12) Owner, Portis Kountry Kitchen. Former Band Director and Principal. Received a Bachelor of Arts degree, a Master of Science degree, and a Doctorate of Music Education. Previously served on RTA Board, Weed and Seed Steering Committee, and Arts and Cultural Commission. Activities include: Corpus Christi Kiwanis Board, President Emeritus Texas Black Music Educators. (9/07/11) Business Development Manager, Rock Engineering & Testing Laboratory. Received Bachelors of Business Administration from Texas A &M University — Corpus Christi. Activities include: Leadership Corpus Christi Chairman Class XL; TAMU -CC National Alumni Board Member; and Chairman of the Transportation Advisory Committee. Received the "Person of the Year" Award from Corpus Christi 40 Under 40. (Willing to resign from the Transportation Advisory Committee if appointed to the CCRTA) (8/12/11) President, RVE, Inc. Received a BS in Civil Engineering from Texas A &M University. Texas State Licensed Principal Engineer and Land Surveyor. Formerly served on Street Maintenance Finance Ad Hoc Advisory Committee. Activities include: Chamber of Commerce Infrastructure Committee, and USS Lexington on the Bay Association Board of Directors. (5/24/12) Broker/Managing Partner /Owner, Corpus Christi Excel Properties Inc./Nueces Tax Relief /TAVCO Construction. Retired Merchant Marine Captain, graduate of the U.S. Merchant Marine Academy. Licensed Real Estate Broker, Licensed Property Tax Consultant, and Registered Arbitrator with State of Texas. Activities include: Texas Mary E. Wambach Assn. of Property Tax Professionals, National Association of Realtors, and Texas Real Estate Commission. (3/19/12) Executive Director, The Deaf and Hard of Hearing Center, Corpus Christi, TX. Received a BA in Psychology from New York University, N.Y.C., Attended Rochester Institute of Technology, Rochester, NY. Previous activities include: Assn. of Indep. Living Centers in NY, Dutchess County N.Y. Human Rights Commission, National Council on Independent Living, Massachusetts Governor's Advisory Committee on Disability, MA Council on Human Service Providers, Maricopa County AZ Workforce Connections, City of Phoenix, E.O.D. /Compliance and Enforcement Div. — ADA Consultant, City of Phoenix, Youth Diversity Grant Review Team, County of San Diego, Long -Term Care/Mental Health Committee, United Way of Rhode Island, RI State Rehabilitation Commission, RI Developmental Disabilities Council /Cross Disability Network, Co- Founder: RI Voices for Equal Representation (RIVER). Previous colleague of TX. Dept. of Assistive & Rehabilitative Services (DARS), Sorenson and PURPLE Communications, CSD, Z and other entities. (12/19/11) e. ETHICS COMMISSION — Two vacancies with terms to 10 -01 -12 and 10- 01 -13. (Requires 2/3 vote of the full Council) DUTIES: In addition to having jurisdiction of complaints involving any "city official ", the duties of this commission are to prepare and publish pamphlets and other materials explaining the duties of individuals subject to the code of ethics; review all statements and reports filed with the city; annually review the code of ethics and make appropriate recommendations to the city council; review all public opinions related to the code of ethics that are issued by the city attorney; prepare and disseminate a report listing all campaign contributions and expenditures for each candidate within 30 days following the deadline for filing the last campaign finance reports for each city council election. The commission shall have such meetings as may be necessary to fulfill its responsibilities. The chairperson or any three (3) members may call a meeting provided that reasonable notice is given to each member. The commission shall meet at least once a year. The date of the annual meeting shall be in September. The commission shall comply with the Texas Open Meetings Act. COMPOSITION: Nine members appointed by a two - thirds vote of the full council. Nominations are to be solicited from a wide variety of professional and community organizations in the city but interested individuals may also submit their names for consideration. Initially, the terms of three members shall be one year, and the initial terms of another three terms shall be two years. The persons having such shorter terms shall be determined by lot. No holding over is permitted except as expressly provided in the code of ethics. The commission shall elect a chairperson and a vice - chairperson. ORIGINAL MEMBERS TERM APPTD. DATE Matthew Topelian 10 -01 -12 02 -14 -12 Melvin Bohannon 10 -01 -12 10 -13 -09 William Strawn 10 -01 -14 06 -09 -09 Haysam D. Dawod 10 -01 -14 07 -20 -10 * ** *Laura Hebert 10 -01 -13 11 -13 -07 ***Jennifer Dragoo 10 -01 -12 10-13-09 Ken Bung 10 -01 -13 10 -12 -10 Harry Hallows 10 -01 -13 10 -12 -10 Larry L. White 10 -01 -14 11 -08 -11 Legend: * Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences /Failed to file Ethics Report *****Has met six -year service limitation INDIVIDUALS EXPRESSING INTEREST: Karon K. Connelly Attorney -At -Law. Private Practice. Obtained BA degree from West Texas A &M University. Graduate of Texas Tech School of Law — Doctorate of Jurisprudence. Certified Mediator; Certified Hearing Officer (TX Board of Education). Admitted to U.S. Supreme Court, 5th Circuit Jack Gordy Coretta Graham Joel S. Mumphord Michael Rivera Randy Schnettler Court of Appeals, TX Northern District Court, TX Southern District Court. Activities include: Member of State Bar of TX, Corpus Christi Bar Assoc., TX Center for Legal Ethics, Women's & Men's Health Services of the Coastal Bend. (5/24/12) Retired Military (E -7, Chief Petty Officer). Attended Del Mar College. (6/08/11) Self- Employed, Attorney. Activities include: Junior League; Leadership Corpus Christi Alumni; Corpus Christi Chamber 40 under 40; BoldFuture; NAACP; Delta Sigma Theta CC Alumnae Chapter. (9/06/11) Retired, Encycle, Inc. Served in Law Enforcement. Activities include: Host of T.V. Show, Community Action Agency, Molina Neighborhood Day Care, HIALCO President. (4/28/11) Retired. High School graduate, attended 2 years college. Former work included General Manager with U.S. Government. Currently endorses and volunteers for Pulmonary Hypertension Association. (12/06/11) Sales Representative, South Texas Steel Services. Attended Houston Community College — 2 years. Worked in Oil & Gas Industry 20 years with some Commercial Builder experience. Activities include: City clean -up projects, Bay Area Fellowship Church. (02/06/12) f HUMAN RELATIONS COMMISSION — Six vacancies with terms to 6- 14 -15, three of which are Youth members (Ages 16 -20) serving one -year terms, recommended by area high school principals. Both Youth and Regular members are broadly representative of the total community, drawn from various racial, religious, ethnic, or other groups. (Appointed by the Mayor with the approval of the City Council) (Mayor to designate the Chair) DUTIES: To study problems of group relationships within the City, and to devise and recommend to the Mayor and City Council ways and means of discouraging and combating prejudice, intolerance, and bigotry in all groups in their relations with one another; to discover all practices and policies calculated to create conflicts and tensions, and to recommend ways and means of eliminating any unfair or unjust discrimination by or against any person or group. Recommendations may be presented to the Mayor and City Council directly by the Committee or it may instruct the Human Relations Administrator to present them to the City Manager. COMPOSITION: Sixteen (16) members, fourteen (14) of whom shall be appointed by the Mayor with approval of the Council to study problems of group relationships within the City; one who shall represent the selling of dwellings, one who shall represent the renting of dwellings and one member of the staff of the Legal Aid Society to serve continuously, and three (3) shall not be more than 20 years of age at time of appointment serving one -year terms. Eleven (11) members shall serve three -year terms. The chair of the commission shall be designated by the Mayor. The Chairperson of the Committee for Persons with Disabilities serving as an ex- officio voting member. ORIGINAL MEMBERS TERMS APPTD. DATES Ramiro H. Gamboa, Chairperson (6- 14 -12) 6 -14 -14 1 -15 -08 Kathleen (Katy) Cooper 6 -14 -14 2 -23 -10 Denise S. Villagran 6 -14 -13 6 -29 -10 Abel Alonzo 6 -14 -15 2 -14 -12 *Edna Arredondo 6 -14 -12 8 -12 -08 *****Lucy Reta 6 -14 -12 6 -22 -04 Robert Franklin 6 -14 -14 8 -31 -10 Rev. Derrick Reaves 6 -14 -14 7 -11 -06 Elias Valverde 6 -14 -13 6 -29 -10 Margie Myers (Selling Dwellings) 6 -14 -13 7 -24 -07 *Toni Cole Davis (Rental Dwellings) 6 -14 -12 7 -07 -09 * * ** *Jacob Sendejar (Youth) 6 -14 -12 8 -12 -08 * * * * *Brianna Mendiola (Youth) 6 -14 -12 6 -28 -11 *****Janet Zuniga (Youth) 6 -14 -12 6 -29 -10 Vacant (Comm. Per. Dis. Chair) Ex- officio (Voting) Carlos Aguinaga (Legal Aide Society), Continuous Legend: * Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year or one -year (youth) service limitation (The Human Relations Commission is recommending the reappointments of Toni Cole Davis (Rental Dwellings) and Edna Arredondo, and the new appointment of Mary E. Wambach for the Regular Member position.) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. NAME THIS TERM PRESENT Toni Cole Davis (Rental Dwellings) 11 9(2 exc.) Edna Arredondo 11 9(2 exc.) % OF ATTENDANCE LAST TERM YEAR 82% 82% OTHER INDIVIDUALS EXPRESSING INTEREST (REGULAR MEMBER POSITION): Almira Flores William "Mickey" Kramer, Jr. Joel S. Mumphord Michael Rivera Mary E. Wambach Radiology Technician, Christus Spohn Health Systems. Graduated from School of Radiology. Activities include: Coastal Bend Society of Radiology Technicians, World Affairs Council, So. Texas Institute of Arts, Women's Network of Texas, Community in Schools, Diabetes Walk, Relay for Life, former Sister City Committee. (12/22/11) Agent, Kramer Insurance Agency. Received Bachelors in Political Science from Texas A &M University - Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6/17/11) Retired, Encycle, Inc. Served in Law Enforcement. Activities include: Host of T.V. Show, Community Action Agency, Molina Neighborhood Day Care, HIALCO President. (4/28/11) Retired. High School graduate, attended 2 years college. Former work included General Manager with U.S. Government. Currently volunteers for Pulmonary Hypertension Association. (12/06/11) Executive Director, The Deaf and Hard of Hearing Center, Corpus Christi, TX. Received a BA in Psychology from New York University, N.Y.C., Attended Rochester Institute of Techonology, Rochester, NY. Previous activities include: Assn. of Indep. Living Centers in NY, Dutchess County N.Y. Human Rights Commission, National Council on Independent Living, Massachusetts Governor's Advisory Committee on Disability, MA Council on Human Service Providers, Maricopa County AZ Workforce Connections, City of Phoenix, E.O.D. /Compliance and Enforcement Div. — ADA Consultant, City of Phoenix, Youth Diversity Grant Review Team, County of San Diego, Long -Term Care/Mental Health Committee, United Way of Rhode Island, RI State Rehabilitation Commission, RI Developmental Disabilities Council /Cross Disability Network, Co- Founder: RI Voices for Equal Representation (RIVER). Previous colleague of TX. Dept. of Assistive & Rehabilitative Services (DARS), Sorenson and PURPLE Communications, CSD, Z and other entities. (12/19/11) INDIVIDUALS EXPRESSING INTEREST (YOUTH MEMBER POSITIONS): Alexander Christian Call Justin Cortez Eric Davis Corey Elizondo Kevin Powell Grace Roberson Eleni Salazar Flour Bluff High School — Senior / Fall 2012 Student Newspaper, pending Editor -in- Chief. National Honor Society member, Citgo - Caller Times Distinguished Scholar School Nominee, Boy Scouts of America — Council Executive Board Youth Representative, Order of the Arrow Section Officer, working towards Eagle Scout Award. Participated in numerous Leadership Conferences. (5/10/12) Tuloso- Midway High School — Senior / Fall 2012 Student Council member, Yearbook Staff member, National Honor Society member, Student Leadership Committee. (5/17/12) W.B. Ray High School — Senior / Fall 2012 Student Council member, International Baccalaureate Program — Best Communicator Award, Spanish Club, Varsity Tennis Team, numerous State and National awards. Recipient of the 2010 -2011 Hugh O'Brian Youth Leadership Award. (9/06/11) Foy H. Moody High School — Senior / Fall 2012 Innovation Academy of Engineering, Environmental and Marine Science Innovation Academies, Go Green Club, Innovation Academy's Mate Robotics Club, Varsity Football Team. (6/02/11) Flour Bluff High School — Senior / Fall 2012 National Honor Society member, Spanish Honor Society, Interact Club, UIL Academic Social Studies, Ready Writing, Current Events and Journalism Team, Flour Bluff Newspaper staff (Waldron Street Journal), Varsity Tennis Team member, KEDT Challenge Trivia Show contestant, and Student Council member. (5/10/12) Flour Bluff High School — Senior / Fall 2012 Thespian Society, participated in many drama productions. Student Council member, UIL Academic competitor. Works summers as a Christian summer camp leader (John Knox). (5/10/12) West Oso High School — Senior / Fall 2012 Marching Band member, Mariachi Band member, served on several Class committees. (5/14/12) AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: 6/19/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera Assistant Director of Financial Services mikeb(a�cctexas.com Work Trucks CAPTION: Motion approving the lease purchase of one (1) pickup truck and the purchase of eleven (11) pickup trucks and one (1) heavy duty truck in the amount of $314,850.27 of which $292,947.52 is required for FY 2011/2012. The vehicles are awarded to the following companies for the following amounts in accordance with Bid Invitation No. BI- 0044 -12, based on low bid and the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. All thirteen (13) vehicles are replacement units to the fleet. These vehicles will be used by Parks and Recreation, Street, Gas, Water, and Storm Water Departments. Funding for the purchase of these vehicles is available in the Capital Outlay Budget of the Maintenance Services Fund and the Operations Budgets of Park and Recreation, Street and Water Departments. Financing for the lease purchase of the pickup truck will be provided through the City's lease /purchase financing contractor. Champion Ford Caldwell Country Ford Philpott Motors Corpus Christi, TX Caldwell, TX Nederland, TX Items: 1, 2, 4 -7 Item: 3 Item 8 $209,275 $21,644 $83,931.27 Grand Total: $314,850.27 BACKGROUND AND FINDINGS: These vehicles will be used by Parks and Recreation, Street, Gas, Water and Storm Water Departments for daily operations. All 13 vehicles are replacements to the fleet. ALTERNATIVES: Award of line item six on the bid tabulation is recommendation based on section 271.905 of the local government code, (Consideration of Location of Bidders Principle Place of Business) and Code of Ordinances, Part II, City Council Policies, Section 26. The alternative is to award to the non -local lowest responsible bidder. OTHER CONSIDERATIONS: The pickup truck will be funded for a forty -eight month period with an estimated interest rate of 2.75 %. The actual interest rate will be determined after the acceptance of the pickup truck. The estimated annual payment is $5,919. Total estimated cost over the forty -eight month period, including principal of $22,396 and interest of $1,280, is $23,676. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Gas, Parks and Recreation, Street, Solid Waste, Water, and Stormwater Departments FINANCIAL IMPACT: Operating Expense FISCAL YEAR: 2011- 2012 Current Year Future Years TOTALS Purchase Lease Purchase Budget Purchase 4,977,552.71 4,977,552.71 Lease Purchase 116,223.27 23,182.75 139,406.02 Encumbered /Expended amount as of 5/25/12 Purchase (3,961,695.68) (3,961,695.68) Lease Purchase (115,730.02) (115,730.02) This Item Purchase (292,454.27) (292,454.27) Lease Purchase (493.25) (23,182.75) (23,676.00) BALANCE Purchase 723,402.76 723,402.76 Lease Purchase 0.00 0.00 0.00 FUND(S): Purchase - General (Street, Park and Recreation), Water, and Maintenance Service Lease Purchase - General (Park and Recreation) Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid tabulation and price sheet attached. Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: ELISACOVINGTON DATE: JUNE 19, 2012 Champion Ford Corpus Christi, Texas BID TABULATION BID INVITATION NO. BI -0044-12, BUYBOARD Contract # 358-10 WORK TRUCKS Caldwell Country Ford Caldwell, Texas Philpott Motors (2) Nederland, Texas Access Ford Corpus Christi, Texas Extended Price $20,248.00 $80,992.00 DESCRIPTION QTY UNIT Unit Price Extended Price Unit Price Extended Price Extended Price Unit Price Unit Price 1 Series (PU-2), '/ Ton, Extended Cab Pickup, Short (6 W) Bed, pipe rack, tow package and saddle box, in Accordance with Specification No. 1014. Color— White. Street Department 2 Lease Purchase - Series (PU-2), '/ Ton, Crew Cab Pickup, Short (6 W) Bed, In Accordance with Specification No. 1014. Color — White. Parks and Recreation Department 3 Series (PU-1),'/ Ton, 4X4 Extended Cab Compact Pickup, Short (6') Bed Pickup, In Accordance with Specification No. 1014. Color — White. Water Department 4 Series (PU-2), '/ Ton, Extended Cab Pickup, Short (6 W) Bed, In Accordance with Specification No. 1014. Color— White. Gas Department 5 Series (PU-2), '/ Ton, Standard Cab Pickup, Long (8') Bed, In Accordance with Specification No. 1014. Color — White. Stormwater Department 6 Series (HT -1.5) 15,000 lbs. GVWR Crew Cab and Chassis, 60 inch cab -to -axle, with Service Body and Canopy Top. (Rawson - Koenig # E60D94, No Exception). In Accordance with Specifications No. 1009, 1012, and 1013. Color — White. Gas Department 7 Series (PU-2), '/ Ton, 4X4 Extended Cab Pickup, Short (6'/') Bed, In Accordance with Specification No. 1014. Color — White. Water Department 8 Series (PU-2), '/ Ton, 4x4 Crew Cab Pickup, Short (6 W) Bed, In Accordance with Specification No. 1014. Color— White. Parks and Recreation Department TOTAL AWARD: GRAND TOTAL AWARD: 4 Each $19,685.00 $78,740.00 1 Each 22,396.00 22,396.00 1 Each 22,562.00 22,562.00 1 Each 18,245.00 18,245.00 1 1 Each Each 16,554.00 16.554.00 50,800.00 50.800.00 (1) 1 Each 22,540.00 22,540.00 3 Each $209,275.00 $314,850.27 $20,644.00 $82,576.00 23,486.00 23,486.00 21,644.00 21,644.00 18,276.00 18,276.00 19,337.00 19,337.00 49,877.00 49,887.00 (1) 22,986.00 22,986.00 $21,644.00 27,977.09 83, 931.27 $83,931.27 Sames Ford Lincoln Corpus Christi, Texas Allen Samuels Chevrolet Corpus Christi, Texas Unit Price Extended Price Unit Price Extended Price $20,514.63 $82,058.52 $28,200.00 $112,800.00 22,774.00 22,774.00 23,036.63 23,036.63 34,061.00 34,061.00 22,666.00 22,666.00 No Bid No Bid No Bid No Bid 32,343.00 32,343.00 19,424.63 19,424.63 27,553.00 27,553.00 16,717.00 16,717.00 17,723.63 17,723.63 23,304.00 23,304.00 53,298.00 53,298.00 52,459.27 52,459.27 22,670.00 22,670.00 23,470.63 23,470.63 (1) Award recommendation based on section 271.905 of the local government code, (Consideration of Location of Bidders Principle Place of Business). (2) Per BUYBOARD Contract # 358-10 No Bid No Bid No Bid No Bid DATE: TO: FROM: CAPTION: AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 6/19/2012 Ronald L. Olson, City Manager Michael Barrera, Assistant Director of Financial Services (361) 826 -3169 Mikeb@cctexas.com Service Agreement for Closed Circuit Television Pipeline Inspection Motion approving a service agreement with Video Plumbing, Inc., Corpus Christi, Texas for closed circuit television pipeline inspection services in accordance with Bid Invitation No. BI- 0159 -12 based on only bid for an estimated annual expenditure of $502,933 of which $83,822.18 is required for the remainder of FY 2011- 2012. The term of the agreement shall be for twelve months with option to extend for up to two additional twelve months periods, subject to the approval of the supplier and the City Manager or his designee. Funds are budgeted in the Wastewater Department Operational Budget in FY 2011 -2012 and have been requested for FY 2012 -2013. BACKGROUND AND FINDINGS: This service agreement will provide for inspection of approximately 30,000 linear feet of newly installed waste water lines, sizes 6" through 15 ". It also covers the inspection and cleaning of approximately 76,900 linear feet of existing 6" through 15" lines to ensure wastewater is flowing properly. Manhole inspection for existing and new construction is also covered under the agreement. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Wastewater Department FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $3,748,330.61 $419,110.82 $4,167,441.43 Encumbered / Expended Amount $1,083,605.30 0.00 $1,083,605.30 This item $83,822.18 $419,110.82 $502,933.00 BALANCE $2,580,903.13 0.00 $2,580,903.13 Fund(s): Wastewater System Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation sheet attached. Approvals: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER - GABRIEL MALDONADO COUNCIL DATE: JUNE 19, 2012 BID TABULATION BI- 0159 -12 CLOSED CIRCUIT TELEVISION PIPELINE INSPECTION Video Plumbing, Inc. CORPUS CHRISTI, TX ITEM DESCRIPTION QTY. UNIT Extended Price 1.0 Inspection and Cleaning of approximately 40,650 linera feet of exisiting pipe. 2.0 Inspection and Cleaning of approximately 36,250 linera feet of repair /rehabilitation of pipeline. 3.0 Inspection of approximately 30,000 linera feet of new pipeline. Grand Total 40,650 36,250 30,000 LOT LOT LOT $210,683.00 $210,050.00 $82,200.00 $502,933.00 SERVICE AGREEMENT Closed Circuit Television Pipeline Inspection Service Agreement No. THIS Closed Circuit Television (CCTV) Pipeline Inspection SERVICE AGREEMENT (this 1 "Agreement ") is entered into by and between Video Plumbing. Inc. (the "Contractor ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City ") effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide CCTV Pipeline Inspection in response to Bid Invitation No. BI- 0159 -12 in accordance with Specification 1105, revised date 1/19/12 which is incorporated and attached as Exhibit C; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will perform CCTV Pipeline Inspection in accordance with Specification 1105 Revised 1/19/12. 2. Term. This Agreement is for twelve (12) months from notification by the City to the Contractor to commence. The term includes an option to extend for up to two additional twelve -month periods subject to the approval of the Contractor and the City Manager or his designee ( "City Manager "). 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Wastewater Collections System Superintendent. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must state that the Wastewater Collections System Superintendent will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 31St), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Specification 1105 Revised 1/19/12, or the Contractor's bid offer to Bid Invitation No. BI- 0159 -12 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all Federal laws and laws of the State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Wastewater Collections System Superintendent. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI- 0159 -12 or Specification 1105 Revised 1/19/12. Failure to keep all insurance policies and performance bonds in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor five (5) work days written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days' written notice to the Contractor. However, the City may terminate this Agreement on twenty -four (24) hours' written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. The City has a zero - tolerance drug policy. 15. Violence Policy. The Contractor must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. The City has a zero - tolerance violence in the workplace policy. 16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand - delivered and on the third day after deposit if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Wastewater Collections System Superintendent P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Fax No.: (361) 857 -1971 IF TO CONTRACTOR: Contractor Contact Address: City, State, Fax No.: Video Plumbing, Inc. Judy Helm 6250 Greenwood Drive Corpus 361- 852 -8022 Texas 78417- 17. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ( INDEMNITEES) FROM AND AGAINST ANY AND ALL LL4BILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS CONTRACT OR THE PERFORMANCE OF THIS CONTRACT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this day of CITY OF CORPUS CHRISTI ( "CITY ") Michael Barrera Assistant Director of Financial Services Contractor VIE© PLUM din) 4 //V C , Exhibit A: Bid Invitation No. BI- 0159 -12, Insurance Requirements and Specification 1105 Revised Date 1/19/12 AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: TO: May 1,2012 Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health An netter(a� cctexas. com 361- 826 -7205 Accepting an amendment to the 2012 TB State Grant and appropriating funds CAPTION: A. Resolution authorizing the City Manager or his designee to accept a grant amendment in the amount of $7,047 from the Texas Department of State Health Services for the Tuberculosis Program and execute all related documents; and ratifying acceptance of the grant amendment to be effective March 26, 2012. B. Ordinance appropriating a grant amendment in the amount of $7,047 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for the Tuberculosis Program; and declaring an emergency. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant amendment in the amount of $7,047 to provide funding for the elimination and control of tuberculosis to individuals who have tuberculosis or those who have a high risk of developing tuberculosis. Original grant was awarded in the amount of $73,276 from September 1, 2011 to August 31, 2012. ALTERNATIVES: Discontinue the Tuberculosis program; thus causing the grant to cease to exist for Tuberculosis services; this in itself could lead to major Tuberculosis outbreaks in the future. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds EMERGENCY / NON - EMERGENCY: Item required two readings DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $7,047 $7,047 BALANCE $7,047 $7,047 Fund(s):1066 Comments: No match funding required. RECOMMENDATION: Staff recommends accepting the grant amendment and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Resolution Ordinance Resolution authorizing the City Manager or his designee to accept a grant amendment in the amount of $7,047 from the Texas Department of State Health Services for the Tuberculosis Program and execute all related documents; and ratifying acceptance of the grant amendment to be effective March 26, 2012. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to accept a grant amendment in the amount of $7,047 from the Texas Department of State Health Services for the Tuberculosis Program and execute all related documents. Furthermore, the City Council ratifies acceptance of the grant amendment to be effective March 26, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor 0006_2_74e48c09-198c-4d 61 -81 e9- f15815e91479 Page 1 of 2 Corpus Christi, Texas day of 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 0006_ 2_ 74e48c09- 198c- 4d61 -81 e9- f15815e91479 Page 2 of 2 AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: TO: May 1,2012 Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health An netter(a� cctexas. com 361- 826 -7205 Accepting an amendment to the 2012 TB State Grant and appropriating funds CAPTION: A. Resolution authorizing the City Manager or his designee to accept a grant amendment in the amount of $7,047 from the Texas Department of State Health Services for the Tuberculosis Program and execute all related documents; and ratifying acceptance of the grant amendment to be effective March 26, 2012. B. Ordinance appropriating a grant amendment in the amount of $7,047 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for the Tuberculosis Program; and declaring an emergency. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant amendment in the amount of $7,047 to provide funding for the elimination and control of tuberculosis to individuals who have tuberculosis or those who have a high risk of developing tuberculosis. Original grant was awarded in the amount of $73,276 from September 1, 2011 to August 31, 2012. ALTERNATIVES: Discontinue the Tuberculosis program; thus causing the grant to cease to exist for Tuberculosis services; this in itself could lead to major Tuberculosis outbreaks in the future. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds EMERGENCY / NON - EMERGENCY: Item required two readings DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $7,047 $7,047 BALANCE $7,047 $7,047 Fund(s):1066 Comments: No match funding required. RECOMMENDATION: Staff recommends accepting the grant amendment and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Resolution Ordinance Ordinance appropriating a grant amendment in the amount of $7,047 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for the Tuberculosis Program; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A grant amendment in the amount of $7,047 from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund for the Tuberculosis Program. 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 , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor 0007_ 2_ 6cd8662c- 35c6 -41 d8- b62d- 2e5d94cf3db5 Page 1 of 2 Corpus Christi, Texas day of , 2012 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 Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 0007_ 2_ 6cd8662c- 35c6 -41 d8- b62d- 2e5d94cf3db5 Page 2 of 2 AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: May 23, 2012 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health An netter(c�cctexas. com 361- 826 -7205 Accepting an amendment to the 2012 CPS - Laboratory Response Network -PHEP Grant and appropriating funds CAPTION: A. Resolution authorizing the City Manager or designee to accept a grant amendment in the amount of 15,744 from the Texas Department of State Health Services for the Laboratory Response Network Public Health Preparedness Program, extending the grant until August 31, 2012, and to execute all related documents. B. Ordinance appropriating a grant amendment in the amount of $15,744 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for the Laboratory Response Network Public Health Emergency Preparedness Program; and declaring an emergency. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant amendment in the amount of $15,744 to maintain the LRN laboratory activities within the Corpus Christi - Nueces County Public Health District beginning August 1, 2011 through August 31, 2012 for the purchase of supplies, personnel salary with fringe benefits and other expenses to support the preparedness and response activities enabling expedient and appropriate response to events of public health consequences. ALTERNATIVES: Discontinue the LRN laboratory activities; thus causing a delay in our expedient an appropriate response to public health consequences. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds EMERGENCY / NON - EMERGENCY: Item required two readings DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 15,744 $15,744 BALANCE 15,744 $15,744 Fund(s):1066 Comments: No fiscal impact to general fund and no match funding required. RECOMMENDATION: Staff recommends accepting the grant amendment and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Resolution Ordinance Resolution authorizing the City Manager or designee to accept a grant amendment in the amount of $15,744 from the Texas Department of State Health Services for the Laboratory Response Network Public Health Preparedness Program, extending the grant until August 31, 2012, and to execute all related documents. BE IT RESOLVED BY THE CITY COUNCIL. OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to accept a grant amendment in the amount of $15,744 from the Texas Department of State Health Services for the Laboratory Response Network Public Health Preparedness Program, extending the grant until August 31, 2012, and to execute all related documents. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor Corpus Christi, Texas day of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: May 23, 2012 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health An netter(c�cctexas. com 361- 826 -7205 Accepting an amendment to the 2012 CPS - Laboratory Response Network -PHEP Grant and appropriating funds CAPTION: A. Resolution authorizing the City Manager or designee to accept a grant amendment in the amount of 15,744 from the Texas Department of State Health Services for the Laboratory Response Network Public Health Preparedness Program, extending the grant until August 31, 2012, and to execute all related documents. B. Ordinance appropriating a grant amendment in the amount of $15,744 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for the Laboratory Response Network Public Health Emergency Preparedness Program; and declaring an emergency. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant amendment in the amount of $15,744 to maintain the LRN laboratory activities within the Corpus Christi - Nueces County Public Health District beginning August 1, 2011 through August 31, 2012 for the purchase of supplies, personnel salary with fringe benefits and other expenses to support the preparedness and response activities enabling expedient and appropriate response to events of public health consequences. ALTERNATIVES: Discontinue the LRN laboratory activities; thus causing a delay in our expedient an appropriate response to public health consequences. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds EMERGENCY / NON - EMERGENCY: Item required two readings DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 15,744 $15,744 BALANCE 15,744 $15,744 Fund(s):1066 Comments: No fiscal impact to general fund and no match funding required. RECOMMENDATION: Staff recommends accepting the grant amendment and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Resolution Ordinance Ordinance appropriating a grant amendment in the amount of $15,744 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for the Laboratory Response Network Public Health Emergency Preparedness Program; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A grant amendment in the amount of $15,744 from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund for the Laboratory Response Network Public Health Emergency Preparedness Program. 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 , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor Corpus Christi, Texas day of , 2012 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 Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: 5/21/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3464 2012 Parks and Recreation Summer Food Program CAPTION: A. Resolution authorizing the City Manager or his designee to execute all documents necessary to accept the Summer Food Service Program Grant in the amount of $250,000 from the Texas Department of Agriculture to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. B. Resolution authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for summer recreation. C. Ordinance appropriating a $250,000 grant from the Texas Department of Agriculture in the No. 1067 Parks and Recreation grant fund to operate a summer food service program for summer recreation participants ages one to eighteen years; and declaring an emergency. BACKGROUND AND FINDINGS: The City Council has approved the Summer Food Program grant in prior years. The Texas Department of Agriculture provides grant funds for the Summer Food Program. There is no required local match for this grant. ALTERNATIVES: Do not approve agreement. OTHER CONSIDERATIONS: none CONFORMITY TO CITY POLICY: City Council's action is required for a grant agreement. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal; Accounting; Budget FINANCIAL IMPACT: Operating Expense / Revenue Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $250,000 $250,000 BALANCE $250,000 $250,000 Fund(s): Grant Fund 1067 Comments: none RECOM MENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Resolution, Ordinance, Notice of Program Approval, Interlocal Agreement with CCISD Page 1 of 2 Resolution authorizing the City Manager or his designee to execute all documents necessary to accept the Summer Food Service Program Grant in the amount of $250,000 from the Texas Department of Agriculture to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or his designee, is authorized to execute all documents necessary to accept the Summer Food Service Program Grant in the amount of $250,000 from the Texas Department of Agriculture to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED March , 2012 Lisa Aguilar Assistant City Attorney For City Attorney Joe Adame Mayor Page 2of2 Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: 5/21/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3464 2012 Parks and Recreation Summer Food Program CAPTION: A. Resolution authorizing the City Manager or his designee to execute all documents necessary to accept the Summer Food Service Program Grant in the amount of $250,000 from the Texas Department of Agriculture to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. B. Resolution authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for summer recreation. C. Ordinance appropriating a $250,000 grant from the Texas Department of Agriculture in the No. 1067 Parks and Recreation grant fund to operate a summer food service program for summer recreation participants ages one to eighteen years; and declaring an emergency. BACKGROUND AND FINDINGS: The City Council has approved the Summer Food Program grant in prior years. The Texas Department of Agriculture provides grant funds for the Summer Food Program. There is no required local match for this grant. ALTERNATIVES: Do not approve agreement. OTHER CONSIDERATIONS: none CONFORMITY TO CITY POLICY: City Council's action is required for a grant agreement. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal; Accounting; Budget FINANCIAL IMPACT: Operating Expense / Revenue Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $250,000 $250,000 BALANCE $250,000 $250,000 Fund(s): Grant Fund 1067 Comments: none RECOM MENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Resolution, Ordinance, Notice of Program Approval, Interlocal Agreement with CCISD Page 1 of 2 Ordinance appropriating a $250,000 grant from the Texas Department of Agriculture in the No. 1067 Parks and Recreation grant fund to operate a summer food service program for summer recreation participants ages one to eighteen years; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That a $250,000 grant from the Texas Department of Agriculture is appropriated in the No. 1067 Parks and Recreation Grant Fund to operate a Summer Food Service Program for Summer Recreation participants ages one to eighteen years. 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 , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved: March , 2012 Lisa Aguilar Assistant City Attorney For City Attorney Page 2of2 Corpus Christi, Texas Day of , 2012 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: 5/21/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3464 2012 Parks and Recreation Summer Food Program CAPTION: A. Resolution authorizing the City Manager or his designee to execute all documents necessary to accept the Summer Food Service Program Grant in the amount of $250,000 from the Texas Department of Agriculture to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. B. Resolution authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for summer recreation. C. Ordinance appropriating a $250,000 grant from the Texas Department of Agriculture in the No. 1067 Parks and Recreation grant fund to operate a summer food service program for summer recreation participants ages one to eighteen years; and declaring an emergency. BACKGROUND AND FINDINGS: The City Council has approved the Summer Food Program grant in prior years. The Texas Department of Agriculture provides grant funds for the Summer Food Program. There is no required local match for this grant. ALTERNATIVES: Do not approve agreement. OTHER CONSIDERATIONS: none CONFORMITY TO CITY POLICY: City Council's action is required for a grant agreement. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal; Accounting; Budget FINANCIAL IMPACT: Operating Expense / Revenue Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $250,000 $250,000 BALANCE $250,000 $250,000 Fund(s): Grant Fund 1067 Comments: none RECOM MENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Resolution, Ordinance, Notice of Program Approval, Interlocal Agreement with CCISD Page 1 of 2 Resolution authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for summer recreation. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, is authorized to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for summer recreation. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor Page 2of2 Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Page 1 of 3 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas home -rule municipal corporation (City), and the Corpus Christi Independent School District (District) for purposes of the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring summer recreational programs for children from June 18, 2012, to August 10, 2012, at which food will be served (Summer Food Program); and WHEREAS, the District agrees to provide unitized lunch and snack meals, inclusive of milk and juice (hereinafter collectively referred to as Meals), to the City for a fixed fee. NOW, THEREFORE, the City and the District, in consideration of the mutual covenants contained herein, agree as follows: 1. Term. This Agreement begins June 18, 2012 and ends August 10, 2012. 2. Consideration. The City shall pay the District $3.00 per lunch meal and $.70 per snack meal. 3. Billing. The District shall bill the City on a monthly basis for all Meals provided to the City. The City shall pay the bill within two Fridays after receipt of the bill out of current City revenue. 4. Nutritional Assurances. The District assures that each Meal will meet the minimum nutrition value and content requirements, in accordance with the Texas Department of Agriculture FY 2012 Summer Food Service Program regulations. 5. Recordkeeping. A. The District must maintain full and accurate records including, but not limited to, the following: 1. Menu records (Menu Records), including the amount of food prepared; and 2. Meal records (Meal Records), including the daily number of Meals delivered by type. B. The District must provide monthly reports of Menu Records and Meal Records to the City's Director of Programs, or designee, within ten business days following the end of each month during which Meals are provided. Page 2 of 3 C. The District must retain the Menu Records and Meal Records for 3 years and 90 days, or so long as an audit is in progress. The District must make all records and accounts pertaining to this Summer Food Program available to representatives of the United States Department of Agriculture and the General Accounting Office for audit or administrative review at a reasonable time and place. 6. Food Service Operations. The District will maintain its food service operations at the District's facility during the term of this Agreement as a part of the consideration. 7. Workers. The food service workers will continue to be the District's employees for the term of this Agreement and, therefore, subject to the District's board policies and regulations. Their salaries and benefits, if any, will be paid out of the City's consideration payments set out above. 8. Coordination. The City's Director of Parks and Recreation, or designee, shall place a weekly order with Jody Houston, the District's appointed representative, or designee, for the number of Meals by type needed, the sites at which the Meals are needed, and the time at which the Meals must arrive at each site. 9. Governmental Service. This Agreement is between the City and the District for the purpose of providing Meals for the Summer Food Program sites and activity sites and is not for the benefit of any third party or individual. 10. Current Revenue. All money spent for this Summer Food Program through this Agreement must be spent out of currently available revenue of the City and the District. 11. Entirety Clause. This Agreement expresses the entire agreement between the parties. Any modification, amendment, or addition to this Agreement is not binding upon the parties unless in writing and signed by persons authorized to make these agreements on behalf of the respective party. EXECUTED IN DUPLICATE on the day of , 2012. CITY OF CORPUS CHRISTI ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved � 17 , 2012 Lisa Aguilar ; . sistant City Attorney for the City ttorney Ronald L. Olson City Manager DISTRICT: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT P.O. Box 110 Corpus Christi, Texas 78403 -0110 By: D. Sco E tiff Superintendent of Schools Approved as to Legal Form By: "?, John J. Janssen General Counsel for CCISD Date: 3 " as Date: 5'- -2-5- • 201.2-- Reviewed and Approved for Purchasing Compliance By.: Brian Direct cha ng and Distribution Date: 3/241a- AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: 5/21/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3464 Lease renewal for CC Model Railroad Club for Louisiana Parkway building CAPTION: Ordinance authorizing the City Manager, or designee, to execute lease agreement with the Corpus Christi Model Railroad Club for use of the building at 821 Louisiana Parkway and adjacent grounds for three years; and declaration of emergency. BACKGROUND AND FINDINGS: The Corpus Christi Model Railroad Club (Club) has been leasing the property and building at 821 Louisiana Parkway for 17 years. The Club is a registered 501c -3 organization and has remained in compliance with the lease throughout its tenancy. ALTERNATIVES: Do not approve the lease agreement and request the Club vacate the premises. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: City Council must authorize the City Manager or his designee to execute the necessary documents to allow for a three -year lease agreement. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: This item will not have any impact on the operating budget. RECOMMENDATION: Staff recommends approval of lease agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance, Lease Ordinance authorizing the City Manager, or designee, to execute a three -year lease agreement with Corpus Christi Model Railroad Club for the use of City property at 821 Louisiana Avenue; and declaration of emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas that SECTION 1. That the City Manager or his designee is authorized to execute a three - year lease agreement with Corpus Christi Model Railroad Club for use of City property at 821 Louisiana Avenue. A copy of 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 (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 , 2012. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor Corpus Christi, Texas Day of , 2012 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 1 LEASE AGREEMENT BETWEEN TILE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI MODEL RAILROAD CLUB. C. STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This lease ("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 the Corpus Christi Model Railroad Club, Inc., a non-profit organization ("Lessee"), acting through its President, or President's duly authorized agent. WHEREAS, the City owns the building, facilities, parking lot area, and adjacent grass areas at 821 Louisiana Avenue, Corpus Christi, Nueces County, Texas, ("Premises"); and WHEREAS, the Lessee desires to utilize the Premises to conduct its activities for the benefit of Lessee's members and the public and to offer its members a facility in which to meet and conduct club-related activities only; NOW, THEREFORE, City and Lessee, in consideration of the mutual promises and covenants herein, agree as follows: Section I. Defmitions. A. City - City of Corpus Christi B. City Manager - City Manager of Corpus Christi or his designee C. Council - Corpus Christi City Council D. Director - Director of Park and Recreation Department or his designee E. Lease - This Lease Agreement, including all attached and incorporated Exhibits F. Lessee - The Corpus Christi Model Railroad Club, Inc. G. Premises - Building, facilities, parking lot area, and adjacent grass areas at 821 Louisiana Avenue, Corpus Christi, Nueces County, Texas, as shown on Exhibit "A" which is attached hereto and incorporated herein by reference H. Risk Manager - The City of Corpus Christi Risk Management Department Section 2. Term. City hereby leases the Premises, subject to all of the terms and conditions of this Lease, to the Lessee. The term of this Lease shall be for a period of three (3) years, beginning on the day after final Council approval, unless sooner terminated as set out herein, and extending thereafter as a month to month tenancy ("Holdover Period") upon the same terms and conditions as set out herein; provided, however, that the Holdover Period shall not exceed twelve months in length and the City Manager has the absolute right to terminate such tenancy upon thirty (30) calendar days notice. Section 3. Consideration. In consideration of City's Lease of the Premises to Lessee, Lessee shall regularly provide the public with an opportunity to view Lessee's model train displays. Lessee shall provide the Director with a schedule specifying the time and dates when the Premises 2 will be accessible to the public for viewing purposes. Section 4. Lessee Services and Responsibilities. A. City Use. If Lessee is not using the Premises, City has the right to use any or all the Premises for City purposes. Lessee shall not be entitled to any compensation, in whatever form, either tangible or intangible, for the City's use of the Premises. B. Maintenance. Lessee shall maintain the Premises in accordance with the schedule attached hereto and incorporated herein as Exhibit "B". If Lessee is unable to perform maintenance tasks as scheduled, or within a timely manner, the City Manager may terminate this Lease upon fifteen (15) days written notice to Lessee. C. Utilities. Lessee shall pay for all utilities related to usage of Premises, to include water, wastewater, solid waste, phone and electrical bills, prior to the due date. Failure to pay any utility bill(s) prior to the due date constitutes grounds for termination of this Lease. D. Voting Accommodations, The Premises may be used as a polling location for a variety of public elections. Any and all requirements, schedules, and demands by the respective agency for use of the Premises in connection with conducting the election must be observed by Lessee without exception, at no cost to said agency conducting the election. E. Insurance. Lessee must obtain and maintain the minimum insurance requirements set out in Exhibit "C", which is attached hereto and incorporated herein by reference, for the period of the Lease at Lessee's own expense. Lessee shall use an insurance company or companies acceptable to the City's Risk Management Department ("Risk Manager") and must furnish the Risk Manager with a Certificate of Insurance evidencing that such insurance is in effect. A copy of all insurance policies will be provided to the Risk Manager upon his/her written request. Lessee cannot begin operation under this Lease until it provides a Certificate(s) of Insurance for all required insurance to the Risk Manager. City provides property insurance coverage on the building; however, Lessee is responsible for insuring Lessee's own personal property which may be located at the Premises. Section 5. City Responsibilities. A. Capital Improvements. City may, from time to time, and in City's sole discretion, undertake capital improvements to the Premises. Prior to commencing any capital improvements, City shall notify Lessee, in writing, of the dates in which Lessee shall be required to vacate the Premises, should the Director deem this necessary. Lessee agrees that the term of this Lease shall not be prorated for the period in which Lessee is restricted from entering the Premises for the purposes of constructing capital improvements. Lessee acknowledges and understands that City shall have no obligation to provide an alternate location for Lessee during any period that Lessee must vacate the Premises. B. Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director of Park and Recreation. Section 6. Default. The following shall constitute events of default: A. Failure to perform scheduled maintenance, in accordance with Exhibit "B ", and as required in Section 4B of this Lease. B. Failure to maintain any insurance required by Section 4E. C. Failure to pay utilities before the past due date, as stated in Section 4C. D. Failure to keep, perform, and observe all other promises, covenants and conditions contained in this Lease. Lessee shall be notified in writing of any default and shall have ten (10) days to cure the default. If the default is not cured or substantially cured within ten (10) days of receipt of the notice, Director shall terminate this Lease upon (10) days written notice to Lessee. Section 7. Concessions. Food and drink concessions and retail sales operations are specifically not included in this Lease. Section 8. Laws. Lessee shall comply with all applicable laws, ordinances, regulations, and rules of the federal, state, county, and City governments 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. Section 9. Alterations. Lessee shall not make any additions nor alterations to improvement at Premises without the Director's prior written consent. Any permanent additions or alterations made by Lessee shall become the property of the City at the expiration of this Lease. Section 10. Relationship. This Lease establishes a Landlord/Tenant relationship, and none other. In performing this Lease, both City and Lessee will act in an individual capacity and not as agents, employees, partners, joint venturers, or associates of one another. The employees or agents of either party shall not be, nor be construed to be, the employees or agents of the other party for any purpose whatsoever. Section 11. Indemnity,. In consideration of allowing Lessee to use the Premises, Lessee, its officers, members, employees, representatives, and agents (collectively, " Indemnitors") covenant to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees ("Indemnitees ") from and against any and all liability, loss, damages, claims, demands, suits, and causes of action of any nature on account of death, personal injuries, property loss or damage, or any other kind of injury or damage, including all expenses of litigation, court costs, and attorneys' fees, which arise, or are claimed to arise, out of or in connection with Lessee's use of the Premises and all activities associated therewith pursuant to this Lease, regardless of whether such injuries, death, or damages are caused, or are claimed to be caused by the concurrent or contributing negligence of Indemnitees, but not if caused by the sole negligence of Indemnitees unmixed with the fault of any other person or entity. 4 Lessee covenants and agrees that it 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 actions based thereon, 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 12. Assignment. This Lease may not be, in whole or in part, assigned or transferred directly or indirectly without the prior written consent of the City. Section 13. Nondiscrimination. Lessee covenants that all its members, guests, and the public shall be treated equally without regard to or because of race, religion, national origin, marital status, sex, age, or disability and in compliance with all federal and state laws prohibiting dis- crimination in employment. Section 14. Attorney's Fees. If any action or proceeding is brought to take possession of the Premises, or to enforce compliance with the Lease, or for failure to observe any of the covenants of the Lease, Lessee must pay the City such sum as a court of competent jurisdiction may ad- judge reasonable as attorney's fees in said action or proceeding or in the event of an appeal as allowed by an appellate court if a judgment is rendered in favor of the City. Section 15. Termination. Either City or Lessee may terminate this Lease without cause by giving forty-five (45) days written notice to the non-terminating party by any method set out in Section 16. Section 16. Notice. All notices, demands, requests, or replies provided for or permitted, under this Lease, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (3) by prepaid telegram; or, (4) by deposit with an overnight express delivery service, for which service has been prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. All such communications must only be made to the following: IF TO CITY: City of Corpus Christi Attn: Director, Park and Recreation P. 0. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3464 IF TO LESSEE: Corpus Christi Model Railroad Club, Inc. Attn: President P. 0. Box 6471 Corpus Christi, Texas 78466-6471 Either party may change the address to which notice is sent by using a method set out above. 5 Lessee will notify City of an address change within thirty (30) days after the address is changed. Section 17. Waiver. Any waiver by the parties of a breach of any covenants, terms, obligations, or events of default shall not be construed to be a waiver of any subsequent breach, nor shall the failure to require full compliance with this Lease be construed as changing the terms of this Lease or estopping the parties from enforcing the terms of this Lease. Section 18. Modifications. No changes or modifications to this Lease may be made, nor any provision waived, unless in writing and signed by a person authorized to sign agreements on be- half of each party. Section 19. Inspection. Any officer or authorized employee of City may enter upon Premises, at all reasonable times and without notice, to determine whether Lessee is providing the maintenance required by Section 4B to the items in Exhibit "A" and in accordance with the schedule set out in Exhibit "B", or for any other purpose incidental to City's retained rights of Premises. Section 20. Signs. Lessee shall not place, paint, post, or otherwise affix any signs at, on, or about the Premises, or any part thereof, without the Director's prior written approval. City may require Lessee to remove, paint, or repair any signs allowed. If Lessee does not remove, paint, or repair the signs within ten (10) days of demand thereof in writing, the City may remove, paint, or repair the signs and bill Lessee for the cost. Lessee shall pay said billed costs within thirty (30) days of receipt of invoice from City. If payment is not timely made, City may terminate this Lease upon ten (10) days written notice to Lessee. Alternatively, City may terminate this Lease upon ten (10) days written notice to Lessee. Section 21. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, as required by the City Charter, in the legal section of the local newspaper. Section 22. Captions. The captions employed in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions hereof. Section 23. Interpretation. This Lease will be interpreted according to the Texas laws which govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 24. Entirety Clause. This Lease and the incorporated and attached exhibits constitute the entire agreement between the City and Lessee for the use granted. All other agreements, promises, and representations, unless contained in this Lease, are expressly revoked, except for the promulgation of future maintenance rules as contemplated in Exhibit "B", Section 3, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits, of the terms, conditions, promises, and covenants relating to Lessee's operations and the Premises to be used in the operations. The unenforceability, invalidity, or illegality of any pro- vision of this Lease does not render the other provisions unenforceable, invalid, or illegal. 6 Section 25. Severabilitv. If, for any reason, any section, paragraph, subdivision, clause, pro- vision, phrase, or word of this Lease is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it does not effect any other section, paragraph, subdivision, clause, provision, phrase, or word of this Lease, for it is the definite intent of this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. Section 26. Surrender. Upon expiration or cancellation of this Lease, Lessee shall return Premises to City in reasonably good condition, ordinary wear and tear excepted. EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI By: By: Armando Chapa, City Secretary Ronald L. Olson, City Manager, or his designee Approved as to legal form this 3 day off-it '‘-4•3 , 2012. By: Lisa Aguilar, Ai2tant City Attorney For the City Attorney CORP S CHRISTI t DEL RALLROAD CLUB, INC. By: N Title: Presid nt Date: 7 EXHIBIT "A" ST. 8 EXHIBIT " CORPUS CHRISTI MODEL RAILROAD CLUB, INC. MAINTENANCE SCHEDULE AND RULES — 821 LOUISIANA AVENUE Section 1. Lessee shall maintain the Premises at all times during the term of this Lease in a clean and sanitary condition and, at the expiration of Lease, shall return said Premises to City M reasonably good condition, ordinary wear and tear and acts of God, excepted; and fire and flood damage or destruction, where Lessee is without fault, excepted. Section 2. Lessee shall conform to the following rules set out by the Director for the maintenance of said Premises for the term of this Lease: (a) Maintenance shall include litter pickup, mowing of grass areas on Premises, as shown in Exhibit "A", and keeping building and parking lot areas in a good state of repair. (b) Litter on the Premises shall be picked up at least three (3) times weekly during the term of this Lease. (c) No grass on the grounds shall exceed 6" in height. (d) If Director provides written notice to Lessee of necessary maintenance, Lessee shall have ten (10) days to complete said maintenance. If said maintenance is not completed, Director may undertake said maintenance and bill Lessee for the cost. Lessee shall pay said billed costs within thirty (30) days of receipt of invoice from City. If payment is not timely made, City may terminate this Lease upon ten (10) days written notice to Lessee. Alternatively, City may terminate this Lease upon ten (10) days written notice. Section 3. The Director may, at any time during the term of this Lease, promulgate such additional and reasonable maintenance rules as may be necessary for the efficient and safe operation of the Premises. Director will notify Lessee, in writing, at least ten (10) days prior to the implementation of any new rule(s) under this Lease. 9 EXHIBIT "C" 1. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until all insurance required 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 any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, 2 copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured on the General liability policy, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $500,000 COMBINED SINGLE LIMIT (When applicable) LIQUOR LIABILITY COVERAGE If liquor being served $1,000,000 COMBINED SINGLE LIMIT Property Coverage Lessee will be responsible for any and all damage to equipment used regardless if owned, rented, leased or borrowed. WORKERS' COMPENSATION EMPLOYERS' LIABILITY Applicable when employs paid employees, WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND SECTION II OF THIS EXHIBIT $500,000 /$500,000 /$500,000 10 C. In the event of accidents of any kind related to this lease agreement, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable when employing paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. B. Lessee's financial integrity is of interest to the City; therefore, subject to Lessees right to maintain reasonable deductibles in such amounts as are approved by the City, Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. The City shall be entitled, upon • request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Lessee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lessee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management and Director of Parks and Recreation P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Lessee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 11 • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: June 12, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Interim Director of Engineering Services danb @cctexas.com (361) 826 -3729 Lawrence Mikolajczyk, Director of Solid Waste Operations lawm @cctexas.com (361) 826 -1972 Execute Geotechnical Services Agreement J. C. Elliott Landfill Groundwater Monitoring FY 2012 -2013 Cefe Valenzuela Landfill Groundwater Monitoring FY 2012 -2013 CAPTION: A. Motion authorizing the City Manager, or designee, to execute a geotechnical services agreement with Kleinfelder of Corpus Christi, Texas in the amount of $89,500 for the J. C. Elliott Landfill Groundwater Monitoring FY 2012 -2013. B. Motion authorizing the City Manager, or designee, to execute a geotechnical services agreement with Kleinfelder of Corpus Christi, Texas in the amount of $108,100 for the Cefe Valenzuela Landfill Groundwater Monitoring FY 2012 -2013. PURPOSE: The purpose of this Agenda Item is to execute the geotechnical services agreement for the Landfill Groundwater Monitoring FY 2012 -2013: J. C. Elliott Landfill and Cefe Valenzuela Landfill. BACKGROUND AND FINDINGS: The Texas Commission on Environmental Quality (TCEQ) requires the installation and monitoring of groundwater monitoring wells around solid waste landfills. TCEQ regulations require groundwater monitoring continue in accordance with the Groundwater Monitoring and Sampling Plan approved TCEQ Landfill Permit for the Cefe Valenzuela Landfill. Monitoring is required for the operational life of the landfill and for a period of thirty (30) years after final closure. The monitoring ensures there is no migration of leachate off the landfill site. Landfill cells are designed to prevent the flow of groundwater into and out of disposal cells. Modern disposal cells are constructed with liners and leachate collection system to allow any water to be collected for treatment. C: \PROGRAM FILES \GRANICUS \LEGISTAR5 \ PACKET \975 CITY COUNCIL 6 19 2012 \0014 1 48AC1917- 13A3- 4E12- 866A- 291B0C9C96C3.DOCX J. C. Elliott Landfill Monitoring Contract — There are twenty -three (23) groundwater monitoring wells at the J. C. Elliott Landfill that will be sampled during FY 2012 -2013. The Ground Water Sampling and Analysis Plan (GWSAP) sets for the sampling requirements and procedures sampling and analysis. The GWSAP requires semi - annual detection monitoring of the groundwater wells commencing in January 2013. After each detection monitoring event, Kleinfelder will compare the results with background values, and if exceedances occur, Kleinfelder will prepare notification reports to send to TCEQ. Kleinfelder will conduct verification resampling of wells exceeding background limits, prepare notices of exceedances, and submit results of resampling or alternate source demonstrations as necessary. Kleinfelder will sample the 23 -well system for the total metals and volatile organic compounds specified in the current GWSAP in Exhibit "A ", Page 4 of 5, of the Agreement. After each detection monitoring event, Kleinfelder will evaluate data to determine if statistically significant increases in the total metals and volatile organic compounds have occurred. In the event that such changes have occurred, Kleinfelder will notify the TCEQ in accordance with the requirements. Kleinfelder will conduct verification sampling of the well(s) in which statistically significant increases occurred. Cefe Valenzuela Monitoring Contract — There are thirty (30) groundwater monitoring wells located at Cefe Valenzuela Landfill that will be used for the FY 2012 -2013. Kleinfelder will conduct detection monitoring sampling of landfill monitor wells in August 2 -12 and will prepare the 2012 Annual Ground Water Monitoring Report. Kleinfelder will conduct a second monitoring event in February 2013. Kleinfelder will conduct background monitoring at five wells in August 2012 and November 2012, and will prepare a statistical analysis of the data to determine background limits. Kleinfelder will conduct verification resampling of wells exceeding background limits, prepare notices of exceedances, and submit results of resampling or alternate source demonstrations as necessary. After each detection monitoring event, Kleinfelder will evaluate data to determine if statistically significant increases in the total metals and volatile organic compounds have occurred. In the event that such changes have occurred, Kleinfelder will notify the TCEQ in accordance with the requirements. Kleinfelder will conduct verification sampling of the well(s) in which statistically significant increases occurred. ALTERNATIVES: TCEQ requires all testing and certifications for landfills to be provided by independent third parties. Staff does not possess the expertise to perform the required sampling, laboratory testing, and preparation of required TCEQ reports. CONFORMITY TO CITY POLICY: The agreements and selection process comply with the Professional Procurement Act and City Policy. The agreements will allow the City to comply with the Landfill Operating Permits and Ground Water Sampling and Analysis Plans approved by TCEQ for the J. C. Elliott Landfill and Cefe Valenzuela Landfill. Kleinfelder was selected based upon qualifications, working knowledge and previous coordination with TCEQ concerning groundwater monitoring at J. C. Elliott Landfill and Cefe Valenzuela Landfill. EMERGENCY / NON - EMERGENCY: Not applicable C: \PROGRAM FILES \GRANICUS \LEGISTAR5 \ PACKET \975 CITY COUNCIL 6 19 2012 \0014 1 48AC1917- 13A3- 4E12- 866A- 291B0C9C96C3.DOCX DEPARTMENTAL CLEARANCES: Solid Waste Services FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $0.00 $0.00 Encumbered / Expended Amount $0.00 $0.00 This item $197,600.00 $197,600.00 BALANCE Fund(s): General Fund Comments: The agreements will result in the expenditure of an amount not to exceed $197,600 during FY 2012 -2013. Funds have been requested in the proposed budget to cover these projects. RECOMMENDATION: City staff recommends that the geotechnical services agreements be awarded to Kleinfelder of Corpus Christi, Texas for Landfill Groundwater Monitoring FY 2012 -2013, in the amount of $89,500 for the J. C. Elliott Landfill, and $108,100 for the Cefe Valenzuela Landfill, for a total amount of $197,600. LIST OF SUPPORTING DOCUMENTS: Location Map C: \PROGRAM FILES \GRANICUS \LEGISTAR5 \ PACKET \975 CITY COUNCIL 6 19 2012 \0014 1 48AC1917- 13A3- 4E12- 866A- 291B0C9C96C3.DOCX File: \Mproject\ councilexhibits \exhE12046— E12047.dwg NUECES BAY AGNES MORGAN CORPUS CHRISTI INTERNATIONAL AIRPORT CORPUS/ CHRISTI J.C. ELLIOTT LANDFILL F.M. 43 NUECES COUNTY F.M. 665 \ FM 2444 CEFE F. VALENZUELA LANDFILL LOCATION MAP PROJECT #E12046 & E12047 NOT TO SCALE APPROVAL OF CONTRACTS FOR LANDFILL GROUND WATER MONITORING SERVICES FOR J.C. ELLIOT AND CEFE VALENZUELA FOR 2012 -2013 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 ■ ■ AGREEMENT for Geotechnical Engineering Testing Services This AGREEMENT is between the City of Corpus Chhsh. Texas, a Texas home-rule municipal corporation ("CITY), acting through its duly authorized City Manager ordesignee ("City Engineer"), and KLEINFELDER a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Emad Al Turk, P. E., Vice President which agree as follows: 1. DECLARATIONS: "c}TY^ desires to engage "LAB" to provide services in connection with City's project described as foliows J C Elliott LandfiII Groundwater Monitorinq FY 2012-2013 (Proect No E12046 ("PROJECT). 2. SCOPE OF WORK: "LAB" shall provide services to the PROJECT in accordance with the accompanying Scope of Services and Fee Schedule attached as "Exhibit A' and the Terms and Conditions to AGREEMENT attached as Exhthit C 3. FEE: The "CITY" agrees to pay the "LAB" for services provided in accordance with Exhibit W, Scope of Services and Fee Schedule under this AGREEMENT, a total fee not to exceed $89,500.00 (Eighty Nine Thousand Five Hundred Dollars and Zero Cents) 4i INDEMNIFICATION AND HOLD HARMLESS: The Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit -B" 5. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. CITY OF CORPUS CHRISTI Oscar R. Martinez, (Date) Assistant City Manager RECOMMENDED f �� / J�~~�L-- Daniel BUen.P.Ei (Date) I erim Directo of Engineering Services 05- %'3.207_~- ' 'v Operating Department (Date) APPROVED AS TO FORM Office of Mena ement and Eldget / Legal Department (Date) (Date) Project No, B204 Fund Source No. 63OOOD-1O2O-12538-E12Q4G Encumbrance No. KLEINFELDER Enna k, P. E., Vice President 5002 Ambassador Row Corpus Christi, TX 78416 (361) 854-4774 Office (361) 854-4924 Fax Juaunn` 120.46 JceuIOnwwonuaxuvwoW^rsnmowvonwn2012-20131GeorsoxwCAe ENGINEERING TESTING SERVICES kto,ntelder doc. KLEINFELDER Bright Peep, it. Right Solutions, April 27, 2012 Proposal No. 124942 City of Corpus Christi 2525 Hygeia P.O. Box 9277 Corpus Christi, Texas 78469-9277 Attention: Mr. Lawrence Mikolajczyk Director, Solid Waste Operations SUBJECT: 2012-2013 Groundwater Monitoring and Related Services J. C. Elliott Landfill Corpus Christi, Texas Dear Mr. Mikolajczyk: We are pleased to submit the following proposal for professional environmental services. This proposal presents the scope of work for expanded groundwater monitoring, and was developed on the basis of our discussions and review of our scope of work/cost during the last two years of groundwater monitoring at the J. C. Elliott Landfill. If a portion of this proposal does not meet your project needs, or if those needs have changed, Kleinfelder is prepared to consider appropriate modifications, subject to the standards of care to which we adhere as professionals. Modifications, such as changes in scope, methodology, scheduling, and contract terms may result in changes to the quality of the assessments, as well as adjustment to our fees. SCOPE OF BASIC SERVICES Performance Period The services proposed herein will be performed for the City of Corpus Christi fiscal year beginning August 1, 2012 and ending July 31, 2013. Project Summary This is a proposal for ground water monitoring and related services at the J. C. Elliott Landfill. Kleinfelder will prepare the annual monitoring report for the monitoring year ending with the July 2011 detection monitoring event. For fiscal year 2013, Kleinfelder 124942 / VVAC12P0239 Page 1 of 5 Copyright 2012 Kleinfelder 326 N. Industrial Drive, Waco TX 76710 p 254.754.0369 f 1 254,754.0478 April 27, 2012 EXHIBIT "A" Pa se 1 of 5 will conduct two detection monitoring events of landfill monitor wells on a semi - annual schedule commencing in February 2013. Kleinfelder will conduct verification resampling of wells exceeding background limits, prepare notices of exceedances, and submit results of resampling or alternate source demonstrations as necessary. 2012 Reporting The 2012 detection monitoring year will be completed with the July 2012 event. Kleinfelder will prepare and submit the annual ground water monitoring report for calendar year 2012 in accordance with TCEQ regulations and the Ground Water Sampling and Analysis Plan. This report is due 90 days after the last sampling event and is presently estimated for submittal in October, 2012. Kleinfelder will transmit two paper copies and one electronic copy of the report to the City of Corpus Christi and 3 paper copies to the TCEQ. The estimated cost of this activity is $14,700. Ground Water Monitoring Table 1 shows the planned Detection Monitoring schedule for the performance period. Kleinfelder will sample the 23 -well system for the total metals listed and volatile organic compounds specified in the current Groundwater Sampling and Analysis Plan (GWSAP). Kleinfelder proposes to add the following to the analytical list: iron, manganese, alkalinity, nitrate - nitrogen, ammonia - nitrogen, and dissolved organic carbon. These will facilitate identification of geochemical processes that can mobilize metals, and may assist with preparing alternate source demonstrations when background is exceeded in a well. Kleinfelder also proposes to collect up to 4 samples from the landfill leachate collection system to characterize the waste in terms of monitored constituents. These data may also assist in preparation of alternate source demonstrations and contaminant fate and transport modeling, and to justify removal of monitored constituents that are not present in the waste leachate. Following each detection monitoring event, Kleinfelder will compare the results with background values, and if exceedances occur, Kleinfelder will prepare notification reports to send to TCEQ. The estimated cost of this activity is $57,600. 124942 / WAC12P0239 Page 2 of 5 Copyright 2012 Kleinfelder April 27, 2012 KLEINFELDER 326 North Industrial Drive, Waco, TX 76710 p 1 254.754.0369 f 1254.754.0478 EXHIBIT "A" Page 2 of 5 Table 1 Planned 2012 Sampling Schedule Event Type January 2013 July 2013 Detection Wells: MW 1 -2, 4 -5, 7, 12, 16- 32 Wells MW 1 -2, 4 -5, 7, 12, 16 -32 Total Sampled 23 wells 23 wells Verification Re- sampling After each detection monitoring event, Kleinfelder will evaluate data to determine if statistically significant increases (SSIs) have occurred. In the event that such changes have occurred, Kleinfelder will notify the TCEQ in accordance with the requirements as described above. Kleinfelder will conduct verification sampling of the well(s) in which SSIs occurred. The proposed verification re- sampling budget allows for travel time and up to 1 day of sampling per re- sampling event (up to two annually) and an analytical budget of up to $500 per event. The estimated cost for this activity is $12,200. Consulting Services Consulting Services includes activities not specifically related to the collection, analysis, and reporting of data, such as permit modifications, alternate source demonstrations, and responding to TCEQ inquiries, notices of deficiency, notices of violation, or other unanticipated. In addition, Kleinfelder may lend its expertise in others matters related to groundwater, as requested by the City of Corpus Christi. The estimated cost for these services is $ 5,000. Schedule This proposal is for continuation of work initiated under an existing contract with the City of Corpus Christi. The approximate schedule of events by quarter is presented in Table 2. 124942 / WAC12P0239 Page 3 of 5 Copyright 2012 Kleinfelder 326 N. Industrial Drive, Waco TX 76710 p 1 254.754.0369 f 1254.754.0478 April 27, 2012 EXHIBIT "A" Page 3 of 5 Table 2 — Schedule Fiscal Year Quarter Planned Activity 2012 (current contract) 4, May -July 2012 Conduct semiannual sampling event in July, completing FY 2012 contract activity 2013 (this proposal) 1, Aug -Oct, 2012 Evaluate data; conduct notification and verification sampling / alternate source demonstration as necessary. Prepare annual monitoring report. 2, Nov 2012 -Jan 2013 1st semiannual detection monitoring event of FY 2013 contract in January 2013 3, Feb -Apr 2013 Evaluate data; conduct notification and verification sampling / alternate source demonstration as necessary. 4, May - July 2013 2nd semiannual detection monitoring event in July 2013 Assumptions and Exclusions 1. Sampling labor estimates for detection monitoring are based on sampling all wells in 5 days. The assumed sampling rate may or may not be realized due to weather delays, equipment failures, or other unforeseen events. 2. The extent of Consulting Services required during the project year cannot be fully anticipated. The budget should be understood to mean that Kleinfelder will provide these services up to the budgeted amount at our rates existing at the time of the service. 3. The budget does not include meetings. Costs for time spent, travel, and preparation for meetings are an additional expense. 4. The budget anticipates a limited amount of time to respond to comments and requests for additional information from TCEQ. Excessive requests for information will be an additional expense. ADDITIONAL SERVICES The following services are not included in the Basic Services and will be considered as Additional Services, if required or requested: • Meetings /interviews other than those described in the Basic Services. • The services of specialty subconsultants or other special outside services other than those described in Basic Services. • Any other services not specifically included in Basic Services. 124942 / WAC12P0239 Page 4 of 5 Copyright 2012 Kleinfelder April 27, 2012 KLEINFELDER 326 North Industrial Drive, Waco, TX 76710 p 1254.754.0369 f 1254.754.0478 EXHIBIT "A" Page 4 of 5 DELIVERABLES Two signed, bound copies and one electronic copy of the annual report will be prepared and transmitted to the City of Corpus Christi. In addition, we will submit three copies of the annual report to the TCEQ. COMPENSATION Kleinfelder proposes to perform the Basic Services on a Time and Materials basis for $89,500. This amount will not be exceeded without prior approval. The Client and Kleinfelder may subsequently agree in writing to provide for additional services to be rendered under this agreement for additional, negotiated compensation. LIMITATIONS Our work will be performed in a manner consistent with that level of care and skill ordinarily exercised by other members of Kleinfelder's profession practicing in the same locality, under similar conditions and at the date the services are provided. Our conclusions, opinions and recommendations will be based on a limited number of observations and data. It is possible that conditions could vary between or beyond the data evaluated. Kleinfelder makes no guarantee or warranty, express or implied, regarding the services, communication (oral or written), report, opinion, or instrument of service provided. This proposal was prepared specifically for the client and its designated representatives and may not be provided to others without Kleinfelder's express permission. AUTHORIZATION Your standard service agreement can be used to authorize these services. We appreciate the opportunity to submit this proposal and look forward to working with you on this project. If you have any questions or need additional information, please do not hesitate to call. We are committed to assist the City to ensure the success of this project. Sincerely, KLEINFELDER CENTRAL, INC. Texas Registered Engineering Firm - F5592 z o': Hen L. Fleischhauer, P.G. Field Project Manager 124942 / WAC12P0239 Copyright 2012 Kleinfelder M/kek. CA, Winfield L. McAtee, P.G. Project Manager Page 5 of 5 April 27, 2012 KLEINFELDER 326 North Industrial Drive, Waco, TX 76710 p 1254.754.0369 f 1254.754.0478 EXHIBIT "A" Page 5 of 5 Exhibit B Mandatory Requirements INDEMNIFICATION AND HOLD HARMLESS Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its officers, agents, servants and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and reasonable attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, to the extent caused by Consultant's negligent or alleged negligent performance of services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its officers, agents, servants, or employees, or any other person indemnified hereunder, but in no event shall Consultant be required to indemnify, save harmless and defend the City of Corpus Christi for its sole or concurrent negligence. Neither party shall be liable to the other for consequential damages, including but not limited to loss of profits, loss of use, incidental, indirect, collateral, punitive, exemplary, multiple or other special damages. TERMS AND CONDITIONS TO AGREEMENT ARTICLE 1. SERVICES: "LAB" will: 1.1 Provide only those services requested by "CITY ENGINEER" that, in the opinion of "LAB ", lie within the technical or professional areas of expertise of "LAB" and which "LAB" is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the "CITY ENGINEER." 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the PROJECT specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained, and parts of the structure of THE PROJECT area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the "CITY ENGINEER ", or his authorized representative, documentation of such calibration. Secure representative samples of those materials that the City's Contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential, and distribute reports only to those persons, organizations or agencies specifically designated in writing by the "CITY ENGINEER ". 1.6 Retain records relating to services performed for "CITY" for a period of two years following submission of any reports, during which period the records will be made available to the "CITY" at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes, and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or authorized representative will: 2.1 Provide "LAB" with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by "LAB ". 2.2 Issue authorization in writing giving "LAB" free access to THE PROJECT site, and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the "CITY's" representative with respect to "LAB'S" services to be performed under this AGREEMENT and which must be promptly notified by "LAB" when it appears that materials tested or inspected are in non- compliance. Only the "CITY ENGINEER" or his designated representative have authority to transmit instructions, receive information and data, interpret and define the CITY'S policies and decisions with respect to THE PROJECT. "LAB" acknowledges that certain "CITY" representatives may have different types of authority concerning THE PROJECT. 2.4 Advise "LAB" sufficiently in advance of any operations so as to allow for assignment of personnel by "LAB" for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. EXHIBIT "C" Page 1 of 3 2.5 Direct THE PROJECT contractor, either by the Construction Contract or direct written order to: (a) Stop work at the appropriate times for "LAB" to perform contracted services; (b) Furnish such labor and all facilities needed by "LAB" to obtain and handle samples at THE PROJECT and to facilitate the specified inspection and tests; (c) Provide and maintain for use of "LAB" adequate space at THE PROJECT for safe storage and proper curing of test specimens which must remain on THE PROJECT site prior to, during, and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 "LAB ", by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to THE PROJECT which, by custom or contract, are vested in THE PROJECT architects, design engineers, or any other design agencies or authorities. 3.2 "LAB" is not authorized to supervise, alter, relax, enlarge or release any requirement of THE PROJECT specifications or other contract documents nor to approve or accept any portion of the work. "LAB" does not have the right of rejection or the right to stop the work. "CITY ENGINEER" will direct THE PROJECT contractor to stop work at appropriate times for "LAB" to conduct the sampling, testing, or inspection of operations covered by the AGREEMENT. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 "CITY" and "LAB" agree that "LAB" will be on -site to perform inspections for contracted services. The "CITY" and "LAB" also agree that "LAB" will not assume responsibility for PROJECT Contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by "LAB" will not relieve the PROJECT Contractor of his responsibilities for performing the work in accordance with THE PROJECT plans and specifications. For the purposes of this AGREEMENT, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by "LAB" as specified in the AGREEMENT. Continuous monitoring by "LAB" or its subcontractors does not mean that "LAB" is approving placement of materials. Inspection is not and should not be construed to be a warranty by "LAB" to the "CITY" or any other party. 4.2 Samples collected or tested by "LAB" remain the property of the "CITY" while in the custody of the "LAB ". "LAB" will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, "LAB" will dispose of non- hazardous samples, and return hazardous, acutely toxic, or radioactive samples and samples containers and residues to "CITY ". "CITY" agrees to accept such samples and samples containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by "LAB" will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the AGREEMENT or any reports. "LAB" will not be responsible for the interpretation or use by others of data developed by "LAB ". ARTICLE 6. SAFETY "CITY" and "LAB" agree that, in accordance with the generally accepted construction practice, the PROJECT'S general contractor will be solely and completely responsible for working conditions on THE PROJECT, including safety of all persons and property during the performance of the work, and for compliance with all municipal, state, and federal laws, rules and regulations, including OSHA. The duty of "LAB" in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the PROJECT'S general contractor's safety measures in, on, or near THE PROJECT site. ARTICLE 7. INVOICES AND PAYMENT "LAB" will submit progress invoices to "CITY ENGINEER" monthly and final invoice upon completion of services. Each invoice is due and payable by "CITY" within 30 days of receipt and approval to pay by the City Engineer. ARTICLE 8. EXTENT OF AGREEMENT 8.1 This AGREEMENT, including Exhibit "A" and these terms and conditions, represents the entire AGREEMENT between "CITY" and "LAB" and supersedes all prior negotiation, representations or agreements, written or oral. This AGREEMENT may be amended only by a written instrument signed by duly authorized representative of "CITY" and "LAB ". If any conflict occurs between these terms and conditions and this AGREEMENT, these terms and conditions are controlling. 8.2 In the event that any one or more of the provisions contained in this AGREEMENT are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this AGREEMENT will be construed as if the invalid or unenforceable matters were never included in this AGREEMENT. No waiver of any default will be a waiver of any future default. 8.3 Neither party will assign this AGREEMENT without the express written approval of the other, but "LAB" may subcontract laboratory procedures as "LAB" deems necessary to meet the obligations of this AGREEMENT. r-- Coy of CChhnsti SUPPLIER NUMBER TO BE ASSIGNED BY CTTY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112 as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every,questionmust be answered. If the question is not applicable, answer with NA ". See reverse side for Filing Requirements. Certifications and definitions. COMPANY NAME: Kleinfellder P. O. BOX: STREET ADDRESS: 5002 Ambassador Row CITY: Corpus Christi ZIP: 78416 FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner ❑ 4. Association U S. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each 'employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) NIA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an **ownership interest" constituting 3% or more of the ownership in the above named "firm." AName Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an **ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of-the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. (Ethics Ordinance Section 2 -349 (d)] CERTIFICATION 1 certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Emad Al Turk, P. E. Title: Vice President (Type or Print) Signature of Certifying Person: DEFINITIONS Date: Z _ /o • /z.. a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee" Any person employed by the City of Corpus Christi, Texas either on a full or part -time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self- employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non -profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads. and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate. or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: June 12, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Interim Director of Engineering Services danb @cctexas.com (361) 826 -3729 Lawrence Mikolajczyk, Director of Solid Waste Operations lawm @cctexas.com (361) 826 -1972 Execute Geotechnical Services Agreement J. C. Elliott Landfill Groundwater Monitoring FY 2012 -2013 Cefe Valenzuela Landfill Groundwater Monitoring FY 2012 -2013 CAPTION: A. Motion authorizing the City Manager, or designee, to execute a geotechnical services agreement with Kleinfelder of Corpus Christi, Texas in the amount of $89,500 for the J. C. Elliott Landfill Groundwater Monitoring FY 2012 -2013. B. Motion authorizing the City Manager, or designee, to execute a geotechnical services agreement with Kleinfelder of Corpus Christi, Texas in the amount of $108,100 for the Cefe Valenzuela Landfill Groundwater Monitoring FY 2012 -2013. PURPOSE: The purpose of this Agenda Item is to execute the geotechnical services agreement for the Landfill Groundwater Monitoring FY 2012 -2013: J. C. Elliott Landfill and Cefe Valenzuela Landfill. BACKGROUND AND FINDINGS: The Texas Commission on Environmental Quality (TCEQ) requires the installation and monitoring of groundwater monitoring wells around solid waste landfills. TCEQ regulations require groundwater monitoring continue in accordance with the Groundwater Monitoring and Sampling Plan approved TCEQ Landfill Permit for the Cefe Valenzuela Landfill. Monitoring is required for the operational life of the landfill and for a period of thirty (30) years after final closure. The monitoring ensures there is no migration of leachate off the landfill site. Landfill cells are designed to prevent the flow of groundwater into and out of disposal cells. Modern disposal cells are constructed with liners and leachate collection system to allow any water to be collected for treatment. C: \PROGRAM FILES \GRANICUS \LEGISTAR5 \ PACKET \975 CITY COUNCIL 6 19 2012 \0015 1 05F944D7- F3FE- 4A79- 9C90- 76F1252F14F4.DOCX J. C. Elliott Landfill Monitoring Contract — There are twenty -three (23) groundwater monitoring wells at the J. C. Elliott Landfill that will be sampled during FY 2012 -2013. The Ground Water Sampling and Analysis Plan (GWSAP) sets for the sampling requirements and procedures sampling and analysis. The GWSAP requires semi - annual detection monitoring of the groundwater wells commencing in January 2013. After each detection monitoring event, Kleinfelder will compare the results with background values, and if exceedances occur, Kleinfelder will prepare notification reports to send to TCEQ. Kleinfelder will conduct verification resampling of wells exceeding background limits, prepare notices of exceedances, and submit results of resampling or alternate source demonstrations as necessary. Kleinfelder will sample the 23 -well system for the total metals and volatile organic compounds specified in the current GWSAP in Exhibit "A ", Page 4 of 5, of the Agreement. After each detection monitoring event, Kleinfelder will evaluate data to determine if statistically significant increases in the total metals and volatile organic compounds have occurred. In the event that such changes have occurred, Kleinfelder will notify the TCEQ in accordance with the requirements. Kleinfelder will conduct verification sampling of the well(s) in which statistically significant increases occurred. Cefe Valenzuela Monitoring Contract — There are thirty (30) groundwater monitoring wells located at Cefe Valenzuela Landfill that will be used for the FY 2012 -2013. Kleinfelder will conduct detection monitoring sampling of landfill monitor wells in August 2 -12 and will prepare the 2012 Annual Ground Water Monitoring Report. Kleinfelder will conduct a second monitoring event in February 2013. Kleinfelder will conduct background monitoring at five wells in August 2012 and November 2012, and will prepare a statistical analysis of the data to determine background limits. Kleinfelder will conduct verification resampling of wells exceeding background limits, prepare notices of exceedances, and submit results of resampling or alternate source demonstrations as necessary. After each detection monitoring event, Kleinfelder will evaluate data to determine if statistically significant increases in the total metals and volatile organic compounds have occurred. In the event that such changes have occurred, Kleinfelder will notify the TCEQ in accordance with the requirements. Kleinfelder will conduct verification sampling of the well(s) in which statistically significant increases occurred. ALTERNATIVES: TCEQ requires all testing and certifications for landfills to be provided by independent third parties. Staff does not possess the expertise to perform the required sampling, laboratory testing, and preparation of required TCEQ reports. CONFORMITY TO CITY POLICY: The agreements and selection process comply with the Professional Procurement Act and City Policy. The agreements will allow the City to comply with the Landfill Operating Permits and Ground Water Sampling and Analysis Plans approved by TCEQ for the J. C. Elliott Landfill and Cefe Valenzuela Landfill. Kleinfelder was selected based upon qualifications, working knowledge and previous coordination with TCEQ concerning groundwater monitoring at J. C. Elliott Landfill and Cefe Valenzuela Landfill. EMERGENCY / NON - EMERGENCY: Not applicable C: \PROGRAM FILES \GRANICUS \LEGISTAR5 \ PACKET \975 CITY COUNCIL 6 19 2012 \0015 1 05F944D7- F3FE- 4A79- 9C90- 76F1252F14F4.DOCX DEPARTMENTAL CLEARANCES: Solid Waste Services FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $0.00 $0.00 Encumbered / Expended Amount $0.00 $0.00 This item $197,600.00 $197,600.00 BALANCE Fund(s): General Fund Comments: The agreements will result in the expenditure of an amount not to exceed $197,600 during FY 2012 -2013. Funds have been requested in the proposed budget to cover these projects. RECOMMENDATION: City staff recommends that the geotechnical services agreements be awarded to Kleinfelder of Corpus Christi, Texas for Landfill Groundwater Monitoring FY 2012 -2013, in the amount of $89,500 for the J. C. Elliott Landfill, and $108,100 for the Cefe Valenzuela Landfill, for a total amount of $197,600. LIST OF SUPPORTING DOCUMENTS: Location Map C: \PROGRAM FILES \GRANICUS \LEGISTAR5 \ PACKET \975 CITY COUNCIL 6 19 2012 \0015 1 05F944D7- F3FE- 4A79- 9C90- 76F1252F14F4.DOCX File: \Mproject\ councilexhibits \exhE12046— E12047.dwg NUECES BAY AGNES MORGAN CORPUS CHRISTI INTERNATIONAL AIRPORT CORPUS/ CHRISTI J.C. ELLIOTT LANDFILL F.M. 43 NUECES COUNTY F.M. 665 \ FM 2444 CEFE F. VALENZUELA LANDFILL LOCATION MAP PROJECT #E12046 & E12047 NOT TO SCALE APPROVAL OF CONTRACTS FOR LANDFILL GROUND WATER MONITORING SERVICES FOR J.C. ELLIOT AND CEFE VALENZUELA FOR 2012 -2013 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 ■ ■ AGREEMENT for Geotechnical Engineering Testing Services This AGREEMENT i md^ Texas, a Texas home-rule municipal corporation ("CITY"), acting through its duly authorized City Manager or de' nme ("City Engineer), and KLE|NFELDER. a Texas corporation or partnership (^LAB^), acting through its duly authorized representative who is Emad Al Turk, P. E., Vice President which agree as follows: 1 DECLARATIONS: "CITY" desires to engage ~LAB" to provide services in connection with City's project, desoribmdam follows- Cefe Valenzuela Landfill Groundwater Monitoring FY 2012-2013 (Proiect |Wo. E12047) ("PROJECT"). Z SCOPE OF WORK: "LAB" shall provide services to the PROJECT in accordance with the accompanying Scope of Services and Fee Schedule attached as "Exhibit A" and the Terms and Conditions to AGREEMENT attached as Exhibit C 3, FEE: The "CITY" agrees to pay the "LAB" for services provided in accordance with Exhibit "A', Scope of Services and Fee Schedule under this AGREEMENT a total fee not to exceed $108.100-88 (One Hundred Eight Thousand One Hundred Dollars and Zero Cents 4. INDEMNIFICATION AND HOLD HARMLESS: The Consultant agrees to indamnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "B". S. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE. To the best of the City's knowleUgo, based upon currently available infonnsodon. the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None' CITY OF CORPUS CHRISTI Oscar R. Martinez, Assistant City Manager RECOMMENDED (Date) 24 Daniel BUaa.P.E. (Date) ° Operating Depa mv APPROVED AS TO FORM (Date) Office of Management and Budget .41k Lege Department (Date) 6, 3.--1!')/ �v� Project No E12047 Fund Source No. S30003-1D2O'126O8'E12O47 Encumbrance No. Erna ur.P.E^ (Date) Vice President 5002 Ambassador Row Corpus Christi, TX 78416 (361) 854-4774 Office (361) 854-4924 Fax ILL CEFE v^ewzusme,omrCEFswuEmzu IAomuummWATsnmum/ponmoz:2-20,zmeor cHmCAL ENGINEERING TESTING SERVICES doc (--"---***%\i-CLEWVIFELDE-it? aright People Right Solutions, April 27, 2012 Proposal No. 124941 Attn. Mr, Lawrence Mikolajczyk Director, Solid Waste Operations City of Corpus Christi 2525 Hygeia P.O. Box 9277 Corpus Christi, TX 78469- 9277 SUBJECT: Proposal to Provide Environmental Services 2012-2013 Groundwater Monitoring and Related Services Cefe Valenzuela Landfill Corpus Christi, Texas Dear Mr. Mikolajczyk: We are pleased to submit the following proposal for professional environmental services. This proposal presents the scope of work for expanded groundwater monitoring, and was developed on the basis of our discussions and review of our scope of work/cost during the last two years of groundwater monitoring at the Cefe Valenzuela Landfill, If a portion of this proposal does not meet your project needs, or if those needs have changed, Kleinfelder is prepared to consider appropriate modifications, subject to the standards of care to which we adhere as professionals. Modifications, such as changes in scope, methodology, scheduling, and contract terms may result in changes to the quality of the assessments, as well as adjustment to our fees. SCOPE OF BASIC SERVICES Performance Period The services proposed herein will be performed for the City of Corpus Christi fiscal year beginning August 1, 2012 and ending July 31, 2013, Project Summary This is a proposal for ground water monitoring and related services at the Cefe Valenzuela Landfill. Kleinfelder will conduct detection monitoring sampling of landfill monitor wells in August 2012 and will prepare the 2012 Annual Ground Water Monitoring Report. Kleinfelder will conduct a second monitoring event in February 2013. Kleinfelder will conduct background monitoring at five wells in August 2012 and November 2012, and will prepare a statistical analysis of the data to determine background limits. Kleinfelder will conduct verification 124941 / WAC12P0240 Page 1 of 5 Copyright 2012 Kleinfelder 326 North industrial Drive, Waco, TX 76710 p 1254 754.0369 f I 254,7540478 April 27, 2012 EXHIBIT "A" Pa e 1 of 5 resampling of wells exceeding background limits, prepare notices of exceedances, and submit results of resampling or alternate source demonstrations as necessary. Kleinfelder will continue quarterly methane monitoring. Ground Water Monitoring Table 1 shows the planned monitoring schedule for the performance period. Kleinfelder will sample the detection monitoring system for the total metals and volatile organic compounds specified in the current Ground Water Sampling and Analysis Plan (GWSAP). The 7 background event wells will be sampled for metals only. Kleinfelder proposes to add the following to the analytical list: iron, manganese, alkalinity, nitrate - nitrogen, ammonia - nitrogen, and dissolved organic carbon. These will facilitate identification of geochemical processes that can mobilize metals, and may assist with preparing alternate source demonstrations when background is exceeded in a well. Kleinfelder also proposes to collect up to 4 samples from the landfill leachate collection system during the August and February events to characterize the waste in terms of monitored constituents. These data may also assist in preparation of altemate source demonstrations, contaminant fate and transport modeling, and to justify removal of monitored constituents that are not present in the waste leachate. Following each detection monitoring event, Kleinfelder will compare the results with background values, and if exceedances occur, Kleinfelder will prepare notification reports to send to TCEQ. The estimated cost of this activity is $63,700. Table 1- Planned 2012 -13 Sampling Schedule Event Type August 2012 February 2013 Detection 23 Wells: MW 1 -14, 40-44 Wells MW 1 -19, 40-46 Background 7 Wells: MW 15 -19, 45-46 Total Sampled 30 wells 30 wells Verification Re- sampling After each detection monitoring event, Kleinfelder will evaluate data to determine if statistically significant increases (SSIs) have occurred. In the event that such changes have occurred, Kleinfelder will notify the TCEQ in accordance with the requirements as described above. Kleinfelder will conduct verification sampling of the well(s) in which SSIs occurred. The proposed verification re- sampling budget allows for travel time and up to 1 day of sampling per re- sampling event (up to two annually) and an analytical budget of up to $500 per event. The estimated cost for this activity is $12,200. 124941 / WAC12P0240 Page 2 of 5 Copyright 2012 Kleinfelder April 27, 2012 KLEINFELDER 326 North Industrial Drive, Waco, TX 76710 p 1254.754.0369 f 1254.754.0478 EXHIBIT "A" Page 2 of 5 2012 Reporting The 2012 monitoring year will end with the August 2012 background monitoring event. Kleinfelder will prepare and submit the annual ground water monitoring report for calendar year 2012 in accordance with TCEQ regulations and the Ground Water Sampling and Analysis Plan. This report is due 90 days after the last sampling event and is presently estimated for submittal in November, 2013. Kleinfelder will transmit two paper copy and one electronic copy of the report to the City of Corpus Christi and 3 paper copies to the TCEQ. The estimated cost of this activity is $14,700. Statistical Analysis of Background Data Upon completion of the background monitoring in the 7 new wells, groundwater data will be statistically evaluated with DUMPStat software that has been used previously for the landfill's ground water data. A report containing a description of the software, approach, upper background limits determined from the analysis and details of the evaluation will be prepared and submitted to the TCEQ. The estimated cost of this activity is $8,500. Methane Monitoring Kleinfelder will conduct quarterly methane monitoring at the Cefe Valenzuela Landfill. A LandTech meter will be used to test methane levels in 16 perimeter gas monitoring probes, 3 gas pipeline vents and 5 onsite structures. Data will be transmitted via letter report to the City. The estimated cost for this activity is $4,000. Consulting Services Consulting Services includes activities not specifically related to the collection, analysis, and reporting of data, such as permit modifications, alternate source demonstrations, and responding to TCEQ inquiries, notices of deficiency, notices of violation, or other unanticipated costs. In addition, Kleinfelder may lend its expertise in others matters related to groundwater, as requested by the City of Corpus Christi. The allowed cost for these services, if required, is $ 5,000. Schedule The approximate schedule of events by quarter is presented in Table 2. 124941 / WAC12P0240 Page 3 of 5 Copyright 2012 Kleinfelder April 27, 2012 KLEINFELDER 326 North Industrial Drive, Waco, TX 76710 p1254.754.0369 f 1 254.754.0478 EXHIBIT "A" Page 3 of 5 9 JO y abed «V,,1I9IHX3 8LVO t'SL'tSZ 11 69£037SL'bSZ I d 0LL9L Xl 'meM `anua leulsnpuI ypoN 9Z£ tlEO13JNI31)I ZLOZ 'LE IlJdy JappluiaiN ZIOZ IU6uAdoa 9 ;o ti abed 0PZOdZLOWM / l46bZl. •seo/nUas oiseg ul papnloul igleoWoads lou sao!AJas Jay ;o !uy • •seoIAJes olseg ul paquosap asoy; uegl Jay ;o seo!AJas apis ;no goads Jaylo Jo s ;ue ;Insuoogns illieloads saolnuas aqi • •seoiivas oiseg ay; ul paquosap asoy; uegl Jaylo sma!AJa ;uys6unaaIN • :pa ;sanbai Jo paJlnbaJ jl 'seoi,ues ieuor;ippy se paJaplsuoo aq II!M pue seosAJas oiseg ayl ul papnloul lou aJe sao!AJeS 6ulnnollo; aqi S33IA113S ivN0I1104v •asuadxa Ieuol ;lppe ue aq Illnn uol ;ewJOOul Joj s ;sanbai anlsseox3 •03Q1 woJj uoneWJOJuI leuol;lppe Job sJsanbaJ pue s ;uawwoo o; puodsaJ o; awl; jo ;unowe pallwli e saledlonue ;a6pnq ay! •asuadxa Ieuolllppe ue aJe s6ul ;aew Jo; uol;eJedaJd pue lanai; ' ;ueds awl; Jo; slso0 -s6upeaw apnpul ;ou saop la6pnq eqj -aoyuas ay ; ;o awn ay ; 6ul;slxa semi Jno ;e;unowe la6pnq ay; o; do sao!AJas asay; apinoJd limn JapiaJulapl leg' ueaw of poo ;siapun aq pinoys pa ;a6pnq ow_ •paledlopue Alin; aq louueo Jea,t ;oafoJd ayl 6ulJnp pannbeJ se plies 6unlnsuo3 Jo ;ua;xa aqi 'sluene uaasaio}un Jaylo Jo 'saJn11ee ;uawdmba `sieiap Jay ;earn o; anp pazlleaJ aq ;ou stew JO I(ew a)BJ 6ugdwes pawnsse aqi •Aep Jed sham 6ulldwes uo paseq aJe salewllsa Jogel 6ulidweg -L '£ suolsnlox3 pue suogdwnssy •6uuouuow auey ;aw buapenb onpuo0 •pa;senbaJ se 6ul ;Insuoo Jeul0 EIOZ AInf • AeW 'b (Iesodojd sly3) £LOZ •6uuo ;luow auey ;aw AIJepenb ;onpuo0 •fuesseoeu se '6ulldwesaJ uoneoIuen pue uoneoyl ;ou pnpuoo :ewp a ;enlen3 •AJenJgad ul ;uana 6uuopuow uol ;oa ;ap Ienuuelwas pUZ E LOZ AV-qad 'E •6uuopuow auey ;ew AIJapenb ;onpuo0 •podai uogenlene leonsl ;e ;s pue podej 6uuoiiuow ienuue eiedaJd • ;uana 6uuo;luow punaapeq pnpuo0 ELOZ Uef-ZLOZ noN 'Z •6uuoiluow euey;aw itiJapenb ;onpuo0 'kesseoeu se '6ulldwesaJ uogeopen pue uol ;eoynou ;onpuoo :e ;ep a ;enien3 • ;sn6ny ul ;oeJ ;uoo E I.OZ Ad to ;uana 6uuo ;Iuow uol ;oalep Ienuuelwas ESL Z LOZ '130 -6ny ' l /4lnooy pauueld Jepeno JeaA Ieosld elnPayoS — Z algal DELIVERABLES Two signed, bound copies and one electronic copy of the annual report will be prepared and transmitted to the City of Corpus Christi. In addition, we will submit three copies of the annual report to the TCEQ. COMPENSATION Kleinfelder proposes to perform the Basic Services on a Time and Materials basis for $108,100. This amount will not be exceeded without prior approval. The Client and Kleinfelder may subsequently agree in writing to provide for additional services to be rendered under this agreement for additional, negotiated compensation. LIMITATIONS Our work will be performed in a manner consistent with that level of care and skill ordinarily exercised by other members of Kleinfelder's profession practicing in the same locality, under similar conditions and at the date the services are provided. Our conclusions, opinions and recommendations will be based on a limited number of observations and data. It is possible that conditions could vary between or beyond the data evaluated. Kleinfelder makes no guarantee or warranty, express or implied, regarding the services, communication (oral or written), report, opinion, or instrument of service provided. This proposal was prepared specifically for the client and its designated representatives and may not be provided to others without Kleinfeider's express permission. AUTHORIZATION Your standard service agreement can be used to authorize these services, We appreciate the opportunity to submit this proposal and look forward to working with you on this project. If you have any questions or need additional information, please do not hesitate to call. We are committed to assist the City to ensure the success of this project. Best regards, KLEINFELDER CENTRAL, INC. Texas Registered Engineering Firrn — F5592 e: C7 Hen L. Fleischhauer, P.G. Field Project Manager 124941 / VVAC12P0240 Page 5 of 5 Copyright 2012 Kleinfeleter 4( /71: i iW field L. McAtee, P.C., Project Manager April 27, 2012 KLEINFELDER 326 North ndustria[ Drive, Waco, TX 76710 p12547540369 f 1 2 54,754.0478 EXHIBIT "A" Pa .e 5 of 5 Exhibit B Mandatory Requirements INDEMNIFICATION AND HOLD HARMLESS Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its officers, agents, servants and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and reasonable attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, to the extent caused by Consultant's negligent or alleged negligent performance of services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its officers, agents, servants, or employees, or any other person indemnified hereunder, but in no event shall Consultant be required to indemnify, save harmless and defend the City of Corpus Christi for its sole or concurrent negligence. Neither party shall be liable to the other for consequential damages, including but not limited to loss of profits, Toss of use, incidental, indirect, collateral, punitive, exemplary, multiple or other special damages. TERMS AND CONDITIONS TO AGREEMENT ARTICLE 1. SERVICES: "LAB" will: 1.1 Provide only those services requested by "CITY ENGINEER" that, in the opinion of "LAB ", lie within the technical or professional areas of expertise of "LAB" and which "LAB" is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the "CITY ENGINEER." 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the PROJECT specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained, and parts of the structure of THE PROJECT area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the "CITY ENGINEER ", or his authorized representative, documentation of such calibration. Secure representative samples of those materials that the City's Contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential, and distribute reports only to those persons, organizations or agencies specifically designated in writing by the "CITY ENGINEER ". 1.6 Retain records relating to services performed for "CITY" for a period of two years following submission of any reports, during which period the records will be made available to the "CITY" at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes, and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or authorized representative will: 2.1 Provide "LAB" with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by "LAB ". 2.2 Issue authorization in writing giving "LAB" free access to THE PROJECT site, and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the "CITY's" representative with respect to "LAB'S" services to be performed under this AGREEMENT and which must be promptly notified by "LAB" when it appears that materials tested or inspected are in non- compliance. Only the "CITY ENGINEER" or his designated representative have authority to transmit instructions, receive information and data, interpret and define the CITY's policies and decisions with respect to THE PROJECT. "LAB" acknowledges that certain "CITY" representatives may have different types of authority concerning THE PROJECT. 2.4 Advise "LAB" sufficiently in advance of any operations so as to allow for assignment of personnel by "LAB" for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. EXHIBIT "C" Page 1 of 3 2.5 Direct THE PROJECT contractor, either by the Construction Contract or direct written order to: (a) Stop work at the appropriate times for "LAB" to perform contracted services; (b) Furnish such labor and all facilities needed by "LAB" to obtain and handle samples at THE PROJECT and to facilitate the specified inspection and tests; (c) Provide and maintain for use of "LAB" adequate space at THE PROJECT for safe storage and proper curing of test specimens which must remain on THE PROJECT site prior to, during, and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 "LAB ", by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to THE PROJECT which, by custom or contract, are vested in THE PROJECT architects, design engineers, or any other design agencies or authorities. 3.2 "LAB" is not authorized to supervise, alter, relax, enlarge or release any requirement of THE PROJECT specifications or other contract documents nor to approve or accept any portion of the work. "LAB" does not have the right of rejection or the right to stop the work. "CITY ENGINEER" will direct THE PROJECT contractor to stop work at appropriate times for "LAB" to conduct the sampling, testing, or inspection of operations covered by the AGREEMENT. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 "CITY" and "LAB" agree that "LAB" will be on -site to perform inspections for contracted services. The "CITY" and "LAB" also agree that "LAB" will not assume responsibility for PROJECT Contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by "LAB" will not relieve the PROJECT Contractor of his responsibilities for performing the work in accordance with THE PROJECT plans and specifications. For the purposes of this AGREEMENT, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by "LAB" as specified in the AGREEMENT. Continuous monitoring by "LAB" or its subcontractors does not mean that "LAB" is approving placement of materials. Inspection is not and should not be construed to be a warranty by "LAB" to the "CITY" or any other party. 4.2 Samples collected or tested by "LAB" remain the property of the "CITY" while in the custody of the "LAB ". "LAB" will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, "LAB" will dispose of non- hazardous samples, and return hazardous, acutely toxic, or radioactive samples and samples containers and residues to "CITY ". "CITY" agrees to accept such samples and samples containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by "LAB" will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the AGREEMENT or any reports. "LAB" will not be responsible for the interpretation or use by others of data developed by "LAB ". ARTICLE 6. SAFETY "CITY" and "LAB" agree that, in accordance with the generally accepted construction practice, the PROJECT'S general contractor will be solely and completely responsible for working conditions on THE PROJECT, including safety of all persons and property during the performance of the work, and for compliance with all municipal, state, and federal laws, rules and regulations, including OSHA. The duty of "LAB" in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the PROJECT'S general contractor's safety measures in, on, or near THE PROJECT site. ARTICLE 7. INVOICES AND PAYMENT "LAB" will submit progress invoices to "CITY ENGINEER" monthly and final invoice upon completion of services. Each invoice is due and payable by "CITY" within 30 days of receipt and approval to pay by the City Engineer. ARTICLE 8. EXTENT OF AGREEMENT 8.1 This AGREEMENT, including Exhibit "A" and these terms and conditions, represents the entire AGREEMENT between "CITY" and "LAB" and supersedes all prior negotiation, representations or agreements, written or oral. This AGREEMENT may be amended only by a written instrument signed by duly authorized representative of "CITY" and "LAB ". If any conflict occurs between these terms and conditions and this AGREEMENT, these terms and conditions are controlling. 8.2 In the event that any one or more of the provisions contained in this AGREEMENT are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this AGREEMENT will be construed as if the invalid or unenforceable matters were never included in this AGREEMENT. No waiver of any default will be a waiver of any future default. 8.3 Neither party will assign this AGREEMENT without the express written approval of the other, but "LAB" may subcontract laboratory procedures as "LAB" deems necessary to meet the obligations of this AGREEMENT. SUPPLIER NUMBER TO BE ASSIGNED BYcrr PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus Chnsti DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every,question must be answered. If the question is not applicable, answer with NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Kleinfelder P. O. BOX: STREET ADDRESS: 5002 Ambassador Row CITY: Corpus Christi ZIP: 78416 FIRM IS: I. Corporation X, 2. Partnership e 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or anach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an **ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any maner related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." AName Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION 1 certify that all information provided is true and correct as of the date of this statement, that 1 have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Emad Al Turk, P. E. (type or Pant) Signature of Certifying Person: Title: Vice President DEFINITIONS Date: - /0 'n- a. "Board member." A member of any board, commission. or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part -time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional. industrial or commercial, and whether established to produce or deal with a product or service. including but not limited to, entities operated in the form of sole proprietorship. as self- employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non -profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate. or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: 5/24/2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services danb @cctexas.com; 826 -3729 Michael Morris, Director of Parks and Recreation michaelmo @cctexas.com; 826 -3464 Approval of Job Order Contract: Universal Little League Fencing CAPTION: Motion authorizing the City Manager, or designee, to execute a Job Order Contract with Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $124,771.46 for fencing at the Universal Little League fields. (Bond Issue 2008) PURPOSE: To award a Job Order Contract to furnish the labor and materials necessary to install new fencing and replace old fencing at the Universal Little League fields. BACKGROUND AND FINDINGS: This sports complex is located along Greenwood Drive across the street from the Boys' and Girls' Club. It is part of the Manual Q. Salinas / Old State School property and home to the Universal Little League. This project will: - install 1,011 linear feet of new fencing along the edge of the parking lot to regulate the traffic flow within the designated areas, - replace 4,079 linear feet of original outfield fencing due to the age and condition of the material, - replace 1,880 linear feet of fabric on the backstop at three fields located in this area, and - install nine gates to control access to the fields. ALTERNATIVES: 1. The City Council options are to award this contract to the approved JOC Contractor (Barcom Commercial) or 2. Not award the contract OTHER CONSIDERATIONS: Job Order Contracting (JOC) is an innovative contracting technique created for facilities maintenance and construction - related services to assist with obtaining greater contractor performance in relation to smaller projects on a cost - effective and timely basis. The JOC Program utilizes an "on- call" general construction contractor on an as- needed basis for an Indefinite Quantity Contract to perform minor construction, repair, rehabilitation or alteration of facilities. Job Order Contracting streamlines the construction procurement process by establishing an overriding indefinite delivery and indefinite quantity agreement with purchase or delivery orders based on specific projects as needed. This process is extremely flexible, allowing scope and cost to be accurately detailed BEFORE award. The following are important benefits of using this contract method: ➢ Allows a better defined scope with cost for the customer. ➢ Construction contract award can be accomplished in less than one month, significantly shortening the procurement time. ➢ Each delivery order is a stand -alone contract. Future awards will be based specifically on the contractor's performance and the needs of the City of Corpus Christi. ➢ Change Orders are minimized. The approved contractor will specifically conduct detailed site visits and discussions with City Staff to review the requirements, work conditions, and facility condition prior to submitting a proposal. This will significantly reduce and /or eliminate unforeseen conditions and excessive cost growth. CONFORMITY TO CITY POLICY: Conforms to statutes regarding project procurement. EMERGENCY / NON - EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,292,500.00 $1,707,500.00 $0.00 $3,000,000.00 Encumbered / Expended Amount $1,292,500.00 $0.00 $1,292,500.00 This item $124,771.46 $124,771.46 BALANCE 0 $1,582,728.54 $1,582,728.54 Fund(s): Parks and Recreation Bond 2008. Sports Field Lighting and Other Improvements — City Wide Comments: This project will be funded out of Parks and Recreation Bond 2008 proceeds. The project will be completed in 70 days after the Notice to Proceed is issued. RECOMMENDATION: City Staff recommend the contract be awarded to Barcom Commercial, Inc. of Corpus Christi, Texas, in the amount of $124,771.46 so the project may be completed in a timely manner. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map PROJECT BUDGET Universal Little League Fencing Project No. E12035 June 19, 2012 FUNDS AVAILABLE: Park and Recreation Capital Improvement Budget (Bond 2008) $141,865.46 FUNDS REQUIRED: Construction (Barcom Commercial) $124,771.46 Contingencies (10 %) 12,477.00 Engineering Services (3.5 %) 4,367.00 Misc. (Printing, Advertising, etc.) 250.00 Total $141,865.46 Estimated Project Budget Balance $0.00 File : \ Mproject \councilexhibits \exhE12032.dwg PROJECT LOCATION AGNES MORG CORPUS CHRISTI INTERNATIONAL AIRPORT McGLOIN RD. CORPUS CHRISTI Ip LOCATION MAP NOT TO SCALE Spio AY() DEL OSO MARTIN MIDDLE SCHOOL NATIONAL GUARD STATION PROJECT # E12032 SITE PLAN NOT TO SCALE Universal Little League Fencing CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: TO: 06/05/12 Ronald L. Olson, City Manager FROM: Celia Gaona, City Auditor celiag @cctexas.com 826 -3659 Approval of FY 2013 Annual Audit Plan CAPTION: Ordinance to approve the Annual Audit Plan for FY 2012 -2013. PURPOSE: To have the Fiscal Year 2013 Annual Audit Plan approved by City Council in accordance with the Code of Ordinance Chapter 12 %2 City Auditor. BACKGROUND AND FINDINGS: On November 2, 2010, voters approved an amendment to the City Charter adding the position of City Auditor who shall be appointed by and report to the City Council. Article II, Section 29 (b) of the City Charter provides that the City Auditor shall report to the City Council and have such duties, responsibilities, and staff as determined by ordinance, including the responsibility to conduct, or cause to be conducted, financial, performance, investigative, and other audits following government auditing standards as promulgated by the Comptroller General of the United States. On July 20, 2011, City Council approved an amendment to the City Code of Ordinance adding Chapter 12 %2 City Auditor. On November 15, 2011, Chapter 12 %2 City Auditor Ordinance was amended to establish a Council Audit Committee. Chapter 12 %2 Section 2 (h) (1) of the City Code of Ordinance provides that no less than thirty (30) days prior to the beginning of each fiscal year the City Auditor shall submit an annual audit plan to the City Council through the Council Audit Committee for review and comment. In conformance, the City Auditor is presenting the Fiscal Year 2013 Audit Plan for City Council approval, which has been presented to and approved by the Council Audit Committee on May 29, 2012. ALTERNATIVES: NA OTHER CONSIDERATIONS: NA CONFORMITY TO CITY POLICY: Conformance with City Code of Ordinance Chapter 12 %2 City Auditor EMERGENCY / NON - EMERGENCY: Non - Emergency two readings DEPARTMENTAL CLEARANCES: Council Audit Committee FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Approval of Ordinance as presented LIST OF SUPPORTING DOCUMENTS: Exhibit A — Ordinance to approve the Annual Audit Plan for FY 2012 -2013 Ordinance to approve the Annual Audit Plan for FY 2012 -2013. Whereas, Section 12 1/2 -2 (h) (1) of the City Code of Ordinances requires that no less than thirty (30) days prior to the beginning of each fiscal year, the City Auditor shall submit an Annual Audit Plan to the City Council through the Council Audit Committee for review and comment; Whereas, the Council Audit Committee reviewed and approved the FY 2013 Annual Audit Plan at its meeting on May 29, 2012; Whereas, the Council Audit Committee shall forward the Annual Audit Plan to the City Council for City Council review and final approval Be it ordained by the City Council of the City of Corpus Christi Texas: Section 1. That the City Council has reviewed and does approve the Annual Audit Plan for FY 2012 -2013, copy attached as Exhibit A. City of Corpus Christi City Auditor's Office Proposed Annual Audit Plan Fiscal Year 2013 City Auditor's Office May 17, 2012 To: Honorable Members of the Council Audit Committee and City Council Subject: Fiscal Year 2013 Proposed Audit Plan In accordance with Corpus Christi Code of Ordinance, Chapter 12 1/2, Section 2 (H)1, attached is the City Auditor's Fiscal Year 2013 Audit Plan. This provision requires the City Auditor to submit the annual audit plan for review and comment through the Council Audit Committee thirty (30) days prior to the beginning of each fiscal year. The FY 2013 Audit Plan incorporates input from City Council Members and some Department Directors. We also applied a department level risk assessment considering factors such as financial impact, internal and external environment changes, complexity, and prior issues. The City Auditor used professional judgment to rank this input and develop auditable areas including preliminary audit objectives. This approach provides adequate audit coverage for City processes and programs in high -risk areas and recognized concerns raised by City Management. The Government Auditing Standards, which we will follow, require that we provide independent, objective, fact -based assessments of the stewardship, performance and cost of policies, programs, and operations we audit. Our work is also vital to maintaining citizens' trust and confidence in the City's effective, efficient and economic deployment and use of its resources. 2013 Audit Plan For FY 2013, the plan includes 4 proposed audits and 5 Follow -up Audits (Enclosure A) along with one audit carried over from the prior fiscal year. The plan also includes the performance of Surprise Cash Counts on various city sites collecting money, Fraud Investigations, and Special Assignments or requests by City Council and City Management. These requests will be subject to approval by the Council Audit Committee. With approval of the Council Audit Committee, this plan may be amended. We look forward to assisting the Committee and the City Council in fulfilling their governance responsibilities to the City of Corpus Christi. Celia Gaona, CIA CFE CISA City Auditor Enclosure A Proposed FY 2013 Audit Plan Item # Project # Department Program/ Risk Area Component Audit Objectives Estimated Hours 1 AU13-001 Hotel/Motel Occupancy Tax 4 AU13-004 Municipal Court 5 FU13-001 6 FU13-002 Financial Services - Warehouse Engineering Financial Services - Payroll Financial Services Purchasing Financial Services - Utility 7 FU13-003 Business Office & Field 8 9 10 FU 13-004 FU 13-005 TBD Operations Financial Services -Central Cashiering Hotel/Motel Occupancy Tax Citywide Compliance Inventory Compliance Operational Follow -Up Audit Follow -Up Audit Follow -Up Audit Follow -Up Audit Follow -Up Audit Other Engagements Determine if hotels/motels are properly collecting and Revenue remitting all occupancy taxes owed to the City in 885 compliance with applicable regulations and guidelines. Determine if adequate controls are in place to manage inventories. Evaluate controls over the procurement of professional services process. Determine if adequate controls are in place for the ?'^collections and billing of fees. Evaluate management implementation of prior audit recommendations. Evaluate management implementation of prior audit recommendations. Expense Expense Revenue Expense Expense Expense Revenue Revenue Evaluate management implementation of prior audit recommendations. Evaluate management implementation of prior audit recommendations. Evaluate management implementation of prior audit recommendations. ..:......................................................................................................................................................................................................................................................................................................... Perform Surprise Cash Counts, Special Assignments, TBD and evaluate allegations of fraud, waste or abuse, and conduct investigations. 685 785 785 100 100 100 100 100 812 Audit Carryovers Estimated yover hours from FY12 AU 12-003 Financial Services - Central Cashiering Cash To evaluate the adequacy of cash handling controls Revenue over receipts. 300 4,752 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor Celia aona, City . u :ito June 1; , 2012 Annual Audit Plan Plan Development 03 Department level Risk Assessment 03. Input from some City Council Members and some Department Heads 03 Audit Plan presented to Audit Committee on May 29, 2012 03 Includes 4 proposed Audits, 5 Follow-up Audits, and one audit carried over from FY 2012 03 Includes hours allocated for Special Assignments, Fraud Investigations, and Surprise Cash Counts FY 2013 Annual Audit Plan Item # Project # 1 AU13-001 Department Audit Objectives Determine if hotels/motels are properly collecting and Hotel/ Motel remitting all occupancy taxes owed to the City in Occupancy Tax compliance with applicable regulations and guidelines. Financial Services - Determine if adequate controls are in place to manage 2 AU13-002 Warehouse inventories. Evaluate controls over the procurement of professional 3 AU13-003 Engineering services process. Determine if adequate controls are in place for the 4 AU13-004 Municipal Court collections and billing of fees. Financial Services - Evaluate management implementation of prior audit 5 FU13-001 Payroll recommendations. Financial Services - Evaluate management implementation of prior audit 6 FU13-002 Purchasing recommendations. Annual Audit Plan cont. Item # Project # 7 FU13-003 8 FU13-004 Department Audit Objectives Financial Services - Utility Business Office & Field Evaluate management implementation of prior audit Operations recommendations. Financial Services - Central Evaluate management implementation of prior audit Cashiering recommendations. Evaluate management implementation of prior audit 9 FU13-005 Hotel/Motel Occupancy Tax recommendations. Perform Surprise Cash Counts, Special Assignments, and evaluate allegations of fraud, waste or abuse, and conduct 10 TBD Citywide investigations. Audit Carryovers AU12-003 Financial Services - Central To evaluate the adequacy of cash handling controls over Cashiering receipts. Questions ? AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: TO: May 15, 2012 Ronald L. Olson, City Manager FROM: Herb Canales, Library Director herbc @cctexas.com 826 -7070 Ordinance appropriating library donations CAPTION: Ordinance authorizing the City Manager to accept and appropriate in the Library Grants Fund No. 1068 the following donations for the following purposes: $8,155.81 from the Neyland Estate for the Neyland Library; $10,000 from the Fredric W. M. Germaine Estate for purchase of investment publications; and $450.00 from the American Library Association for the Vision of the Universe program. PURPOSE: Adoption of this ordinance will make $18,605.81 in donations available to the library. The library continues to receive mineral interest earnings from the estate of William T. Neyland. These funds will be used at Neyland library. To date the library has received $854,647 from the estate. The library has also received a $10,000 bequest from Fredric W. M. Germaine for the purchase of investment publications. As part of a national promotion of the NASA space program the library also received $450 for the Harte Library to support a traveling exhibition and programming. BACKGROUND AND FINDINGS: N/A ALTERNATIVES: None OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: YES EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $0.00 Encumbered / Expended Amount $0.00 $0.00 This item $18,605.81 $18,605.81 BALANCE $18,605.81 $18,605.81 Fund(s): Comments: Funds have been received. RECOMMENDATION: Staff recommends acceptance of donations and appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Page 1 of 2 Ordinance authorizing the City Manager to accept and appropriate in the Library Grants Fund No. 1068 the following donations for the following purposes: $8,155.81 from the Neyland Estate for the Neyland Library; $10,000 from the Fredric W. M. Germaine Estate for purchase of investment publications; and $450.00 from the American Library Association for the Vision of the Universe program. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That the City Manager or designee is authorized to accept and appropriate donations described as follows in the Library Grants Fund No. 1068: $8,155.81 from the Neyland Estate for the Neyland Library; $10,000 from the Fredric W. M. Germaine Estate for purchase of investment publications; and $450.00 from the American Library Association for the Vision of the Universe program. Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: TO: June 19, 2012 Ronald L. Olson, City Manager FROM: Michael Barrera Assistant Director of Financial Services mikeb @cctexas.com Hire Corpus Christi First CAPTION: ORDINANCE ADDING SECTION 26, HIRE CORPUS CHRISTI FIRST, TO PART II COUNCIL POLICIES, OF THE CORPUS CHRISTI CODE OF ORDINANCES, RELATING TO LOCAL CONTRACTING PREFERENCES; PROVIDING FOR SEVERABILITY PURPOSE: This ordinance will provide for local preference in award of personal property (supplies, vehicles and equipment) and selected services (excluding construction services, telecommunications services or information services) that are required for the day -to- day operations of City Departments. It provides for a five (5 %) preference to local bidders of personal property and selected services that are less than $500,000 and a three (3 %) preference to local bidders of personal property above that amount. BACKGROUND AND FINDINGS: Local Government Code 271.905 and 271.9051 have been amended to allow Municipalities of any size to consider a bidder's principal place of business in awarding certain types of contracts. This ordinance will promote local economic development by ensuring a portion of citizens' tax dollars remain in the local economy, by improving employment opportunities for local residents and increasing sales tax revenues. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This ordinance will be added to the Code of Ordinances, Part II, Council Policies, as Section 26. EMERGENCY / NON - EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Legal Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approval of the Ordinance as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance Approvals Veronica Ocanas, Assistant City Attorney Constance Sanchez, Finance Director Eddie Houlihan, Assistant Budget Director Margie C. Rose, Assistant City Manager ORDINANCE ADDING SECTION 26, HIRE CORPUS CHRISTI FIRST, TO PART II COUNCIL POLICIES, OF THE CORPUS CHRISTI CODE OF ORDINANCES, RELATING TO LOCAL CONTRACTING PREFERENCES; PROVIDING FOR SEVERABILITY WHEREAS, City Council wishes to use the City spending powers in a manner that promotes fiscal responsibility and maximizes the effectiveness of local tax dollars by ensuring a portion of citizens' tax dollars remain in the local economy for economic benefit of the citizens; and WHEREAS, City Council finds that by encouraging the local business capacity, the City will maintain an able and competitive pool of businesses from which to choose to procure goods and services; and WHEREAS, City Council finds that awarding contracts to local vendors provides additional economic benefit for a city's citizens by keeping their tax dollars local; and WHEREAS, City Council finds the principal place of business of a business is a relevant criterion in providing best value for the City; and WHEREAS, City Council finds that awarding contracts to businesses located within the city limits, defined herein as the local area, benefits the City and its residents by improving employment opportunities, increasing property values, and increasing sales tax revenues; and WHEREAS, City Council finds that the Texas Local Government Code Sections 271.905 and 271.9051 allow the City to consider a vendor's principal place of business in awarding certain contracts; and WHEREAS, City Council determines that in any procurement addressed by this Ordinance, the local bidder offers the City the best combination of contract price and additional economic development opportunities, including the employment of residents of the City and increased tax revenue to the City; and WHEREAS, City Council finds that the conclusions and determinations contained herein meet the written determination required by the Texas Local Government Code in Sections 271.905(b)(2) and 271.9051(b)(2) or as they may be amended or renumbered; and WHEREAS, City Council desires to add a new Section 26 to Part 11, Council Policies, of the Code of Ordinances to require utilization of state law to create a contracting preference for local businesses; 0019_ 2_ ea122586- c3c6- 4dcb- 8bed- 2a887325aac1 Page 1 of 5 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The findings in the preamble of this Ordinance are determined to be true and correct and are hereby adopted. Section 2. That Council Policies, Part 11 of the Corpus Christi Code of Ordinances, is hereby amended by adding the following new Section 26: Sec. 26. Hire Corpus Christi First. (a) In order to maximize the effectiveness of local tax dollars by ensuring a portion of citizens' tax dollars remain in the local economy for economic benefit of the citizens by using all available legal opportunities to contract with local businesses, city department directors and purchasing officials have a duty to grant a preference to local businesses unless doing so would violate the law or be contrary to the best interests of the City. Nothing in this section prohibits the city from rejecting any or all bids. (b) Definitions. Bid means any procurement method governed by Texas state law. Local area means within the Corpus Christi city limits. Local business means a business with a principal place of business in the local area. Principal place of business means a business headquarters or an established place of business within the city limits (local area) from which one or more of the entity's workforce are regularly based, and /or from which a business conducts a substantial part of its operations or performs a substantial role in a commercially useful function. A local place of business used solely as a post office box, mail drop or telephone message center or any combination thereof, with no other substantial work function, may not be construed as a principal place of business. (c) Purchases of real property or personal property that is not affixed to real property. (i) In purchasing any real property or personal property that is not affixed to real property, if the City receives one or more bids from a bidder whose principal place of business is in the local area and whose bid is within three percent of the lowest bid price received by the City from a bidder who is not a resident of Corpus Christi, the City 0019_ 2_ ea122586- c3c6- 4dcb- 8bed- 2a887325aac1 Page 2 of 5 shall enter into a contract with the lowest bidder whose principal place of business is in the local area, as the City Council of the City of Corpus Christi hereby determines that the local lowest bidder offers the City of Corpus Christi the best combination of contract price and additional economic development opportunities for the City created by the contract award, including the employment of Corpus Christi residents and increased tax revenues to the City. (ii) This section does not prohibit the City from rejecting any or all bids. (iii) Nothing in this section may be construed to require the City to enter into a contract with a bidder that is not a responsible bidder. (d) Purchases of real property, personal property that is not affixed to real property, or services of less than $500, 000 except for construction services or professional services subject to Chapter 2254 of the Texas Government Code. (i) In purchasing any real property, personal property that is not affixed to real property, or services other than construction services or professional services that are subject to Chapter 2254 of the Texas Government Code, as amended, if the City receives one or more competitive sealed bids from a bidder whose principal place of business is in the local area and whose bid is within five percent of the lowest bid price received by the City from a bidder who is not a resident of Corpus Christi, the City shall enter into a contract for purchases in an amount of less than $ 500,000 with the lowest bidder whose principal place of business is in the local area, as the City Council of the City of Corpus Christi hereby determines that the local lowest bidder offers the City of Corpus Christi the best combination of contract price and additional economic development opportunities for the City created by the contract award, including the employment of Corpus Christi residents and increased tax revenues to the City. (ii) This section does not prohibit the City from rejecting any or all bids. (iii) Nothing in this section may be construed to require the City to enter into a contract with a bidder that is not a responsible bidder. (iv) This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. Section 153. (e) Requests for city council determination. 0019_2_ea122586-c3c6-4dcb-8bed-2a887325aac1 Page 3 of 5 (i) A department director or purchasing official may request that city council consider and determine whether to grant a preference to a local business under this section for any reason. (ii) A department director or purchasing official has a duty to request that city council consider and determine whether to grant a preference to a local business if the department director or purchasing official finds that to grant a local preference under this section could be contrary to the intent of this policy. Section 3. If any provision, section, subsection, sentence, clause, or phrase of this Ordinance, or the application of same to any person or set of circumstances, is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this Ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this Ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and all provisions of this Ordinance are declared to be severable for that purpose. Section 4. This ordinance takes effect immediately upon passage. 0019_ 2_ ea122586- c3c6- 4dcb- 8bed- 2a887325aac1 Page 4 of 5 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Kelley Allen Mark Scott Larry Elizondo, Sr. David Loeb Priscilla G. Leal The foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Kelley Allen Mark Scott Larry Elizondo, Sr. David Loeb Priscilla G. Leal PASSED AND APPROVED this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor 0019_ 2_ ea122586- c3c6- 4dcb- 8bed- 2a887325aac1 Page 5 of 5 AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: June 7, 2012 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Planning and Environmental Services PeteAn@cctexas.com 361- 826 -3081 Presentation, public hearing and first reading of an ordinance adopting the Joint Erosion Response Plan and amendments to Chapter 10: Beachfront Management and Construction CAPTION: Public Hearing and Ordinance to consider adopting The Joint Erosion Response Plan for Nueces County and the City of Corpus Christi 2012; amending the Code of Ordinances, City of Corpus Christi, Chapter 10, Beachfront Management and Construction, by designating the erosion response building set -back line or erosion set -back line, requiring an erosion response permit for construction seaward of the erosion set -back line, and making other conforming changes to the chapter; adding the City's Erosion Response Plan as an appendix to the City of Corpus Christi, Texas, Dune Protection and Beach Access Regulations; providing for penalties; providing for severance; providing for publication; and providing a delayed effective date. PURPOSE: The purpose of the Erosion Response plan is to satisfy the requirements of Texas Natural Resources Code 33.607 for local governments to develop plans for reducing public expenditures for erosion and storm damage losses to public and private property, including public beaches. Per the state statute, the City Council provided a draft Erosion Response Plan to the Texas General Land Office by July 1, 2011. The Texas General Land Office has provided comments on the draft ERP and the City must provide a final plan to Texas General Land Office by July 1, 2012. The TxGLO will then request public comments by publishing the plan in the Texas Register and to complete the state review process for plan certification by December 31, 2012. BACKGROUND AND FINDINGS: Direction provided by City Council has been to eliminate conflicts between the City's and the County's Erosion Response Plans by making each plan as similar as possible and to use 350 foot as a distance for the setback line in the plan. In order to make the plans as similar as possible, Planning Staff formed an Erosion Response Plan Working Group. Members included representatives from the Planning Commission, Nueces County Beach Management Advisory Committee, Mustang and Padre Island Strategic Action Committee, the Water Shore Advisory Committee, City Staff (Legal, Park and Recreation, Planning) and County Staff (County Parks Department) The ERP Working Group met four times to provide detailed input on the plan and how to address Texas GLO Comments. The Joint Erosion Response Plan addresses two primary areas: protection of the beach and dune system; and, enhancement of public beach access. The plan includes a 350 foot building setback to protect the foredune ridge, exemptions for existing properties, priorities for dune widening, beach access goals including two new beach access roads and a new Erosion Response Permit requirement. The Erosion Response Permit will only be required for exempt construction located in the 350 foot building setback area. An executive summary of the plan is attached as well as a full copy of the plan and ordinance. The full document can also be viewed at: www.cctexas.com/planninq. Public outreach has included presentations to: • Texas Coastal Bend Surfrider Foundation; • Coastal Bend Bays Foundation; • The island Strategic Action Committee; • Watershore Advisory Committee; • Nueces County Beach Management Advisory Committee; • Corpus Christi Planning Commission; and • Nueces County Commissioner's Court. ALTERNATIVES: Not completing an Erosion Response Plan would place the City at a disadvantage when competing with other coastal cities for Texas General Land Office grant funding. OTHER CONSIDERATIONS: This will be the first jointly adopted County and City Plan. CONFORMITY TO CITY POLICY: Corpus Christi Policy Statements: Environment — Barrier Island Development a. PRESERVE PUBLIC ACCESS TO GULF BEACHES. Public access roads located at convenient points should be constructed, and those in existence should be maintained to disperse people throughout the islands and to insure that all public beaches remain accessible to the public. The roads should also be designed so that they protect the integrity of the islands and prohibit off -road traffic through the dunes. b. PROMOTE THE USAGE OF THE BARRIER ISLANDS IN WAYS THAT ENHANCE THEIR ATTRACTIVENESS AND UNIQUENESS. Future land use developments should be regulated so that they enhance these natural sanctuaries for present and future generations. c. DEVELOPMENT SHALL BE REGULATED TO PRESERVE THE INTEGRITY AND DYNAMICS OF THE ISLAND, ESPECIALL, THE SAND DUNE SYSTEM. Island development shall preserve the integrity and dynamics of the island ecology. The dunes should be protected so that when development occurs, it takes place behind the sand dunes. In this manner, the dunes will remain undisturbed; and they will protect the islands from severe erosion that frequently accompany hurricanes. Corpus Christi Sustainability Planning Study (HDR) Initiate long -range regional climate adaptation /sea level rise response and greenhouse gas management planning. EMERGENCY / NON - EMERGENCY: Non - Emergency. DEPARTMENTAL CLEARANCES: The Nueces County Beach Management Advisory Committee on May 2, 2012 recommended that the Commissioner's Court approve the Plan. Planning Commission conducted a public hearing and recommended City Council approval on May 9, 2012. The plan was presented to Nueces County Commissioner's Court on May 23, 2012, and the Court requested that the word "may" be changed to "shall" on page 16, Section III.D, of the Plan. Final Commissioner's Court action is scheduled for June 27, 2012. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): NA Comments: Funding of this plan will be through the City's Capital Budget and Capital Improvements Plan as funds become available. RECOMMENDATION: Staff recommends adoption, as amended by Nueces County Commissioner's Court, of the Erosion Response Plan and proposed amendments to Chapter 10: Beachfront Management and Construction of the City Code of Ordinance. LIST OF SUPPORTING DOCUMENTS: Executive Summary Planning Commission Minutes Ordinance A Joint Erosion Response Plan for Nueces County and the City of Corpus Christi Appendix 2: Map Exhibits 1 -20 Erosion Response Plan Executive Summary The purpose of the Erosion Response Plan is to reduce storm damage along the City and County gulf coastlines. The 81S1 Legislature amended Chapter 33 of the Natural Resources Code provided authority to the Texas General Land Office to formulate rules for local governments with gulf coast lines in their jurisdictions to create Erosion Response Plans. The Erosion Response Plan will be used by the General Land Office to qualify local governments for certain GLO grants. The Plan will be used by the City and the County to justify submission of grants for GLO funding for beach renourishment, dune system enhancements and improvements for public beach access. A draft City Erosion Response Plan was presented to City Council in June 2011. The City Council recommended the draft plan, with changes, to be submitted to the Texas General Land Office. (GLO) Part of City Council direction to staff was to develop a final plan that is as similar to the County's as possible. The GLO provided comments on the draft plan by October 2011. The Planning Department then formed an informal group of County officials and City officials to develop the final plan document. The informal group included representatives from the City Beach Dune Committee, the County Beach Management and Dune Protection Advisory Committee, the Water Shore Advisory Committee, and the Island Strategic Action Advisory Committee. The Erosion Response Plan Addresses: • Assessment of the foredune ridge in the Corpus Christi and Nueces County jurisdictions. • Review of scientific studies concerning storm surge, coastal erosion, and sea level rise. • Review of FEMA velocity zones on Mustang and Padre Islands. • The plan identifies the beach as the first line of defense to storm surge and the foredune ridge as the second line of defense. • The plan defines the minimum width of the public beach for provision of public beach access as 100 feet wide from the Line of Vegetation to the wet/dry line on the beach. • The goal for enhancing the foredune ridge is to establish a dune system of at least 14 feet high, 350 foot deep, and containing at least 50% vegetative coverage. • Mitigation sites for enhancing the foredune ridge are identified and prioritized. • Establishment of a 350 foot building setback line located 350 feet landward of the Line of Vegetation along the gulf beach. The building setback line will prevent new construction of residential or commercial buildings within the foredune ridge. • Land that is landward of the seawall is exempt from the Building Setback. • Existing structures are exempt from the building setback prohibition, provided there is no practicable alternatives, that the foot print of the building is not increased and that the new structure meets new construction guidelines. • The plan addresses enhancements to public beach access. Generally, these enhancements to public access focus on designs to reduce damage to the public access ways after storm events. The criteria for potential acquisition of property seaward of the Building Setback Line. MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers - City Hall May 9, 2012 5:30P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman Mark Adame Absent• Marco Castillo Gabriel Guerra Absent• Evon J. Kelly Absent• Govind Nadkarni John C. Tamez STAFF: Sylvia Carrillo, Assistant Director Dan McGinn, AICP, Interim Manager, Land Development Miguel S. Saldana, AICP, Senior Planner Annika Gunning, Interim Senior Planner Andrew Dimas, City Planner Lisa Aguilar, Assistant City Attorney Linda Williams, Recording Secretary Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprets de espaliol a ingles en la junta para ayudarle. I. CALL TO ORDER The meeting was called to order by Chairman Garza at 5:43 p.m. and a quorum was declared. II. APPROVAL OF MINUTES Motion to approve the April 25, 2012 minutes was made by Commissioner Nadkarni and seconded by Commissioner Tamez. Motion passed with Commissioners Adame, Guerra and Kelly absent. III. PUBLIC HEARING AGENDA ITEMS C. ACTION ON THE JOINT EROSION RESPONSE PLAN FOR NUECES COUNTY AND THE CITY OF CORPUS CHRISTI Robert Payne, Planning Department, addressed the commission. Mr. Payne stated that Staff gave a presentation on the Plan at the April 11, 2012 meeting. Mr. Payne continued that last week Staff met with the Corpus Christi Surf Riders' Foundation and the Island Strategic Action Committee and both organizations provided positive input. Mr. Payne stated that on Wednesday, the Nueces County Joint Board (Nueces County Commission and the Nueces County Beach Management Advisory Committee) met and recommended that the plan be approved by the Nueces County Commissioners' Court. Mr. Payne continued one item was changed since the presentation was first presented to the Planning Commission in early April. to the plan presented in April, the setback stated 200 feet and it was changed to 350 feet. Mr. Payne referenced Section 10 -13, Code of Ordinances that establishes the erosion setback line. The ordinance and plan will be the same. The Erosion Plan was about using modern construction techniques and minimizing storm damage in the event of a hurricane. Mr. Payne stated State law was passed stating cities located near coastal areas had to adopt an Erosion Response Plan and such plan had to be reviewed by the Texas General Land Office. Mr. Payne stated "Beachfront Certificates" and "Dune Permits" were exempted from the 350 foot setback. Mr. Payne continued that platted lots that were within the 350 foot setback could be built on if the structure met all building standards. The structure had to be certified by a licensed Professional Engineer and the structure must be relocatable on pylons. Mr. Payne restated that the only change in the plan was the setback to 350 feet. The document was corrected and will match the proposed ordinance to adopt the Erosion Response Plan. Commissioner Tamez asked if there was an • issue regarding the minimum width on the public beach and Mr. Payne answered that the issue was the narrowing of the beach in certain areas. Chairman Garza asked if the recent ruling by the Texas General Land Office would have an impact on Corpus Christi and Mr. Payne answered that currently the ruling would not impact us, but it would affect Galveston. Commissioner Tamez asked if the setback of 90 feet for the vegetation line would prevent encroachment onto private land and Mr. Payne answered yes. Mr. Payne continued that the State's passing of the "Open Beach Act," set the tone of how this would be handled. Mr. Payne cited that the Sessions' court case ruling determined that the house was located on a portion of the beach as a result of a "rolling easement" and the court ruled that it was still considered as private property. Vice Chairman Huerta asked Staff if a final consensus had been determined in setting the vegetation line and, if so, which line would be used as a marker to establish the setback. Mr. Payne answered no final determination has been made, but the definition of a "vegetation line" and its purpose makes the determination even more difficult. After Mr. Payne's comments concluded, the public hearing was opened. Mr. Cliff Schlabach, Chairman of the Corpus Christi Surf Riders' Foundation, addressed the commission. Mr. Schlabach stated the organization has studied the plan because they have vested interest in ensuring the beaches are protected and maintained. Mr. Schlabach congratulated both Nueces County and the City for working together in creating the plan. Mr. Schlabach continued that the plan was very well researched and put together. Mr. Schlabach continued that the organization was very much behind and in favor of the plan. Mr. Schlabach stated initially, there were several concerns concerning the plan, but they were resolved at the meeting. The 350 -foot setback was one of the major items of concern. Mr. Schlabach stated he had spoken with Angela Sunlee with the Texas General Land Office and she highly praised the City and Nueces County for working together in creating the plan and stated it was one of best plans that had been presented to the GLO in a long time. The plan provides a lot of information and the organization fully supports it. After all comments concluded, the public hearing was closed. A motion to approve the joint Erosion Response Plan for Nueces County and the City of Corpus Christi was made by Commissioner Nadkarni and seconded by Commissioner Castillo. Motion passed with Commissioners Adame, Guerra and Kelly absent. K:IDEVELOPMENTSVCSISHARE011. PLANNING COMMISSION12012 PC12012 MINUTES105.09.12.PCMINS.DOC K:IDEVELOPMENTSVCSISHAREDI1. PLANNING COMMISSION12012 PC12012 MINUTES105.09.12.PCMINS.DOC Page 1 of 27 ORDINANCE ADOPTING THE JOINT EROSION RESPONSE PLAN FOR NUECES COUNTY AND THE CITY OF CORPUS CHRISTI 2012; AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 10, BEACHFRONT MANAGEMENT AND CONSTRUCTION, BY DESIGNATING THE EROSION RESPONSE BUILDING SET -BACK LINE OR EROSION SET -BACK LINE, REQUIRING AN EROSION RESPONSE PERMIT FOR CONSTRUCTION SEAWARD OF THE EROSION SET -BACK LINE, AND MAKING OTHER CONFORMING CHANGES TO THE CHAPTER; ADDING THE CITY'S EROSION RESPONSE PLAN AS AN APPENDIX TO THE CITY OF CORPUS CHRISTI, TEXAS, DUNE PROTECTION AND BEACH ACCESS REGULATIONS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING A DELAYED EFFECTIVE DATE. WHEREAS, a provision of the Coastal Public Lands Act, codified as Section 33.607(e), Texas Natural Resources Code, requires the City to prepare a local erosion response plan for reducing public expenditures for erosion and storm damage losses to public and private property, including public beaches; WHEREAS, the local erosion response plan is required to include a building set -back line that will accommodate shoreline retreat; WHEREAS, the local erosion response plan may: (1) Preserve and enhance the public's right of access to and use of the public beach; (2) Preserve critical sand dunes for natural storm protection and conservation purposes; (3) Establish a building set -back line no further landward than the dune protection line established by the local government; (4) Provide for the prohibition of new construction seaward of the building set- back line; and (5) Provide for the acquisition of fee title to or a lesser interest in property seaward of the building set -back line; WHEREAS, under the implementing rules adopted by the Texas General Land Office in 31 TAC 15 -17, the local erosion response plan may include: (1) A building set -back line that will accommodate a shoreline retreat based upon historical erosion rates as determined by the University of Texas at Austin, C: \Program Files \Granicus \Legistar5 \Packet \975_City Council_ 6_19_2012 \0023_4_d282f341 -7961 4fe 8- b971- 0c6088513453. d ocx Page 2 of 27 Bureau of Economic Geology, or other source approved by the General Land Office; (2) A prohibition on new construction seaward of the building set -back line to ensure that to the maximum extent practicable, all structures should be constructed landward of the building set -back line; (3) Consideration of exemptions from the prohibition of residential and commercial construction seaward of the building set -back line for properties for which the owner has demonstrated to the satisfaction of the local government that no practicable alternatives to construction seaward of the building set -back line exist and properties with structures constructed or permitted prior to August 31, 2010; (4) Construction requirements for exempt properties, where the local government allows an exemption from the prohibition for building seaward of the building set- back line; (5) Procedures for preserving and enhancing the public's right of access to and use of the public beach from losses due to erosion and storm damage; (6) Procedures for preserving, restoring, and enhancing critical sand dunes for natural storm protection and conservation purposes; (7) Criteria for voluntary acquisition of property seaward of the building setback line, and procedures for prioritizing properties to be acquired; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Joint Erosion Response Plan for Nueces County and the City of Corpus Christi 2012, which is attached to and incorporated into this ordinance as Exhibit A, is adopted. SECTION 2. The list of sections for Chapter 10, Code of Ordinances is revised to read as follows: "Chapter 10 BEACHFRONT MANAGEMENT AND CONSTRUCTION* "Article 1. Definitions "Sec. 10 -1. Definitions. "Secs. 10- 2-- 10 -10. Reserved. "Article 11. Administration "Sec. 10 -11. Purpose, adoption, compliance, and amendment. "Sec. 10 -12. Areas exempt. "Sec. 10 -13. Dune protection line, beachfront construction line, and erosion set -back line. "Sec. 10 -14. Alteration of dunes prohibited without permit. C: \Program Files \Granicus \Legistar5 \Packet \975_City Council_ 6_19_2012 \0023_4_d282f341 -7961 4fe 8- b971- 0c6088513453. d ocx Page 3 of 27 "Sec. 10 -15. Acts prohibited without a beachfront construction certificate. "Sec. 10 -16. Master planned developments. "Sec. 10 -17. Concurrent beach /dune committee. "Sec. 10 -18. Application process for beachfront construction certificates and concurrent dune protection permit/beachfront construction certificates. "Sec. 10 -19. Contents of applications. "Sec. 10 -20. State agency comments. "Sec. 10 -21. Issuance or denial of permit /certificate. "Sec. 10 -22. Terms and renewal of permits /certificates. "Sec. 10 -23. Termination of permits /certificates. "Sec. 10 -24. Administrative record. "Sec. 10 -25. Reserved. "Article III. Requirements for Dune Protection Permits "Sec. 10 -26. Required findings. "Sec. 10 -27. Prohibited activities. "Sec. 10 -28. No material weakening. "Sec. 10 -29. Mitigation of other adverse effects. "Sec. 10 -30. Application fees. "Secs. 10- 31-- 10 -35. Reserved. "Article IV. Requirements for Beachfront Construction Certificates "Sec. 10 -36. Required findings. "Sec. 10 -37. Dedication of equivalent or better access. "Sec. 10 -38. Application fees. "Secs. 10 -39, 10 -40. Reserved. "Article V. Concurrent Requirements for Both Dune Protection Permits and Beachfront Construction Certificates "Sec. 10 -41. General erosion protection requirements. "Sec. 10 -42. General flood protection requirements. "Sec. 10 -43. Variances from federal requirements. "Sec. 10 -44. Special requirements for eroding areas. "Sec. 10 -45. Application fees. "Secs. 10- 46-- 10 -50. Reserved. "Article VI. Management of the Public Beach "Sec. 10 -51. General access policies. "Sec. 10 -52. Designation of access ways, parking areas, and beaches closed to motor vehicles. "Sec. 10 -53. Abandonments of public access or parking areas prohibited. "Sec. 10 -54. Interfering with access prohibited. "Sec. 10 -55. Post -storm assessment. "Sec. 10 -56. Beach closures. "Sec. 10 -57. Littering prohibited. "Sec. 10 -58. Camping. "Sec. 10 -59. Animal control. "Sec. 10 -60. Monitoring. "Sec. 10 -61. Beach nourishment standards. C: \Program Files \Granicus \Legistar5 \Packet \975_City Council_ 6_19_2012 \0023_4_d282f341 -7961 4fe 8- b971- 0c6088513453. d ocx "Sec. 10 -62. "Sec. 10 -63. "Sec. 10 -64. "Sec. 10 -65. "Sec. 10 -66. "Sec. 10 -67. "Sec. 10 -68. "Secs. 10 -69, "Article VII. Traffic "Sec. 10 -71. "Sec. 10 -72. "Sec. 10 -73. "Sec. 10 -74. "Sec. 10 -75. "Sec. 10 -76. "Sec. 10 -77. "Sec. 10 -78. "Sec. 10 -79. "Sec. 10 -80. "Sec. 10 -81. "Sec. 10 -82. Page 4 of 27 Dune restoration standards. Dune walkovers. Standards for beach maintenance and other activities. Glass bottles and glass containers prohibited. Vessel operating from Gulf beaches restricted. Fires regulated. Gulf of Mexico beach vendors -- Special regulations. 10 -70. Reserved. Public beach as a street right -of -way. Obstruction of the main traveled roadway. Vehicular operation. Speed limits. Parking. Pedestrian crossings. Vehicle- restricted areas and pedestrian safe areas. Authorized and emergency vehicles. Two -way traffic on beach and access roads. One -way traffic on beach and access roads. Portions of the beach closed. Limits on number of vehicles allowed on beach during special events. "Secs. 10- 83-- 10 -85. Reserved. "Article VIII. Fees "Sec. 10 -86. Beach user fees. "Sec. 10 -87. Use of fee revenue. "Sec. 10 -88. Indirect costs and accounting. "Sec. 10 -89. Beach parking prohibited without beach parking permit. "Sec. 10 -90. Sale of beach parking permits. "Secs. 10- 91-- 10 -96. Reserved. "Article IX. Penalties "Sec. 10 -97. Penalties. "Secs. 10- 98 - -10 -100. Reserved. "Article X. General Provisions "Sec. 10 -101. Construction. "Sec. 10 -102. Boundary determinations. "Sec. 10 -103. Beaches presumed to be public. "Sec. 10 -104. General prohibition. "Sec. 10 -105. Appeals and declaratory judgment suits. "Secs. 10- 106 - -10 -110. Reserved. "Article XI. Beach Festivals "Sec. 10 -111. Definitions. "Sec. 10 -112. Registration and permit required. "Sec. 10 -113. Application for permit -- Filing; contents; fee. "Sec. 10 -114. Health, sanitation, and fire control requirements. "Sec. 10 -115. Agreement as to use of public beach. C: \Program Files \Granicus \Legistar5 \Packet \975_City Council_ 6_19_2012 \0023_4_d282f341 -7961 4fe 8- b971- 0c6088513453. d ocx Page 5 of 27 "Sec. 10 -116. Review and processing of applications. "Sec. 10 -117. Hearing. "Sec. 10 -118. Denial of permit; grounds. "Sec. 10 -119. Scope of permit. "Sec. 10 -120. Revocation of permit. "Secs. 10- 121 - -10 -130. Reserved. "Article XII. Requirements for Erosion Response Permits "Sec. 10 -131. Application process for erosion response permit. "Sec. 10 -132. Contents of applications. "Sec. 10 -133. Issuance or denial of permit /certificate. "Sec. 10 -134. Required findings. "Sec. 10 -135. Prohibited activities. "Sec. 10 -136. No material weakening. "Sec. 10 -137. Mitigation of other adverse effects. "Sec. 10 -138. Application fees. "Sec. 10 -139. Terms and renewal of permits /certificates. "Sec. 10 -140. Termination of permits /certificates. "Sec. 10 -141. Administrative record." SECTION 3. Section 10 -1 is amended by adding definitions for the terms "erosion response building set -back line or erosion set -back line," "erosion response permit," and "erosion response plan," to read as follows: "Sec. 10 -1. Definitions. The following words and terms, when used in these regulations, shall have the following meanings, unless the context clearly indicates otherwise: "Erosion response building set -back line or erosion set -back line means an imaginary line at least 350 feet landward of the line of vegetation that is established by Texas Natural Resources Code Definition 61.006. "Erosion response permit means a permit for the construction of any structure seaward of the erosion set -back line that certifies that the structure is authorized under the City's erosion response plan. "Erosion response plan means the City's plan for reducing public expenditures for erosion and storm damage losses to public and private property, including public beaches, as mandated by Section 33.607, Texas Natural Resources Code, and 31 TAC 15.17, which is attached to an incorporated into this chapter as appendix XVIII." C: \Program Files \Granicus \Legistar5 \Packet \975_City Council_ 6_19_2012 \0023_4_d282f341 -7961 4fe 8- b971- 0c6088513453. d ocx Page 6 of 27 SECTION 4. Section 10 -11(a) and (b), Code of Ordinances, is revised to read as follows: "Sec. 10 -11. Purpose, adoption, compliance, and amendment. "(a) These regulations are adopted pursuant to the authority granted local governments under the Open Beaches Act, Chapter 61, Texas Natural Resources Code, the Dune Protection Act, Chapter 63, Texas Natural Resources Code, the Coastal Public Lands Act, Chapter 33, Texas Natural Resources Code, Subchapter I of Chapter 16, Texas Water Code, V.T.C.A., Local Government Code Chapters 211 and 212, V.T.C.S art. 6701d (Motor Vehicles), the City of Corpus Christi's Comprehensive Plan and Flood Hazard Prevention Code and other statutes of general applicability. "(b) All persons shall comply with these regulations in authorizing or undertaking any activity affecting dunes seaward of the dune protection line— any activity affecting public use of the public beach or any activity affecting public access to and from the public beach, and activity affecting the preservation, restoration, or enhancement of critical sand dunes that provide natural storm protection. A dune protection permit application is required if the site is located seaward of the dune protection line and a beachfront construction certificate is required if the site is located seaward of the beachfront construction line, and an erosion response permit is required if the site is located seaward of the erosion set -back line." SECTION 5. Section 10 -13, Code of Ordinances, is amended by revising the caption, redesignating subsections (c) – (e) as subsections (d) – (f), and adding a new subsection (c), to read as follows: "Sec. 10 -13. Dune protection Iine,, -and• beachfront construction line, and erosion set -back line. "(c) Erosion set -back line. The land area seaward of this line is subject to the Coastal Public Lands Act and associated state and local regulations. The following line is established as the erosion set -back line for the purpose of delineating areas in which construction is likely to effect the ability of the dunes to offer substantial protection from storm surge damage to structures landward of the line or increase the risks that structures may end up on the public beach due to shoreline retreat: "A line running parallel to the beach that is 350 feet landward of the line of vegetation, except in the area landward of the seawall in North Padre Island, line is depicted on maps in Appendix XVIII. C: \Program Files \Granicus \Legistar5 \Packet \975_City Council_ 6_19_2012 \0023_4_d282f341 -7961 4fe 8- b971- 0c6088513453. d ocx Page 7 of 27 "(d) Maps. The dune protection line is depicted on the map attached to these regulations as Appendix II. The beachfront construction line is depicted on the map attached to these regulations as Appendix III. The erosion set -back line is depicted on maps attached to these regulations in Appendix XVIII. "(d) (e) Review. The location of the dune protection line and beachfront construction line shall be reviewed by the concurrent beach /dune committee (section 10 -17) at least once every five (5) years to determine whether the lines are adequately located to achieve their stated purposes. In addition, the adequacy of the location of the lines shall be reviewed by the committee within ninety (90) days after a tropical storm or hurricane affects the portion of the coast lying within the city's jurisdiction. "(c) (f) Public hearing. Should the concurrent beach /dune committee determine that either the dune protection or beachfront construction line should be adjusted, the committee shall hold a public hearing to consider adjustments to the lines no sooner than fifteen (15) days after public notice in the newspaper with the largest circulation in the county. The committee shall forward its recommendation and reasons for the recommended adjustment to the City of Corpus Christi City Council. Subsequent to receiving the committee's recommendation, the city council shall hold a public hearing to consider the modifications. Not less than one (1) week nor more than three (3) weeks before the date of the hearing, the city will publish notice of the hearing at least three (3) times in the newspaper with the largest circulation in the county. Written notice will be given the general land office in writing no less than one (1) week nor more than three (3) weeks before the date of the hearing. The notice to the general land office shall include a map or drawing of the proposed line, a written description of the line, or both (including Texas State Plane Coordinates)." SECTION 6. Section 10- 14(b), Code of Ordinances, is revised to read as follows: "Sec. 10 -14. Alteration of dunes prohibited without permit. "(b) Pursuant to the Dune Protection Act, § 63.052, the following activities are exempt from the requirement for a dune protection permit, but are subject to the requirements of the Open Beaches Act, the Coastal Public Lands Act, and the rules promulgated under the Open Beaches Act and Coastal Public Lands Act and may include a beachfront construction certificate or a permit pursuant to other city ordinances:" C: \Program Files \Granicus \Legistar5 \Packet \975_City Council_ 6_19_2012 \0023_4_d282f341 -7961 4fe 8- b971- 0c6088513453. d ocx Page 8 of 27 SECTION 7. Section 10 -15, Code of Ordinances, is revised to read as follows: "Sec. 10 -15. Acts prohibited without a beachfront construction certificate. "No person shall cause, engage in, or allow construction on land adjacent to and landward of public beaches within the area seaward of the beachfront construction line without a beachfront construction certificate. Construction not affecting public beach access and use may nevertheless require a dune protection permit, erosion response permit, or a permit pursuant to other city ordinances." SECTION 8. Chapter 10, Code of Ordinances, is amended by adding a new Section 10 -15A to read as follows: "Sec. 10 -15A. Acts prohibited without an erosion response permit. "No person may cause, engage in, or allow construction of any structure on land adjacent to and landward of public beaches within the area seaward of the erosion set -back line without an erosion response permit. Construction may also require a dune protection permit, beachfront construction certificate, or another permit under other city ordinances. SECTION 9. Section 10- 44(b), Code of Ordinances, is amended by adding paragraphs (1) and (2), to read as follows: "Sec. 10 -44. Special requirements for eroding areas. "(b) In addition to the other requirements of these regulations, in eroding areas, permittees shall: (1) Require that structures built in eroding areas be elevated on pilings under FEMA minimum standards or above the natural elevation (whichever is greater). (2) Require that structures located on property adjacent to the public beach be designed for feasible relocation. SECTION 10. Chapter 10, Code of Ordinances, is amended by adding a new Article XII to read as follows: "Article XII. Requirements for Erosion Response Permits "Sec. 10 -131. Application process for erosion response permit. C: \Program Files \Granicus \Legistar5 \Packet \975_City Council_ 6_19_2012 \0023_4_d282f341 -7961 4fe 8- b971- 0c6088513453. d ocx Page 9 of 27 "(a) Prior to submission of any erosion response permit application, the applicant is encouraged to confer with the planning director's staff on an informal basis to discuss the proposed application and its conformity with the comprehensive plan; the applicable dune protection and beach access plans; the erosion response plan; dune protection, beach access, and erosion response regulations; state law and regulations; and the proposed development's relationship to surrounding property, streets, existing drainage patterns, existing and proposed utilities, etc. "(b) In order to obtain an erosion response permit, the applicant shall make an erosion response permit application, as outlined in section 10 -132, if the proposed construction is seaward of the erosion set -back line (including an elevated dune walkover; paved walkways, parking areas, and patios; storage sheds; swimming pools, gazebos, and other accessory structures). "(c) Potential applicants proposing construction seaward of the erosion set -back line may submit descriptions of proposed construction to the planning director as outlined in Appendix XIX. "(d) If the potential applicant seeks to establish that no erosion response permit is required the description shall explain why. The planning director shall determine whether the construction requires an erosion response permit under these regulations. Upon determination that a project does or does not require an erosion response permit under these regulations, the planning director shall notify the potential applicant in writing of such action. "(e) Within three (3) working days of receipt of a erosion response permit application, the planning director shall review the application for completeness. "(1) If an application is incomplete the planning director will notify the applicant of the deficiencies and offer the applicant the opportunity to provide all required information and drawings. "(2) An application for an erosion response permit shall be deemed to have been abandoned two (2) months from the date of filing for the permit, unless all required information and drawings are provided before then. "(f) An application must be considered complete when information requested by planning director has been provided. "(q) Within five (5) days of determining that the application is complete the planning director shall review the completed application. "(h) Within three (3) working days of the date the planning director takes final action on an application, the planning director shall notify the applicant whether the erosion response permit was approved or denied and what conditions, if any, are required. "Sec. 10 -132. Contents of applications. C: \Program Files \Granicus \Legistar5 \Packet \975_City Council_ 6_19_2012 \0023_4_d282f341 -7961 4fe 8- b971- 0c6088513453. d ocx Page 10 of 27 "(a) Application forms may be obtained from the planning director. "(b) All of the required information must be submitted with the application before the application is considered submitted for approval. Incomplete applications must be returned to the applicant without action by the planning director. "(c) For a erosion response permit, the applicant shall submit three (3) copies of the erosion response permit application. The erosion response permit application shall consist of: "(1) The name, address, phone number, and, if applicable, fax number of the applicant, and the name of the property owner, if different from the applicant. "(2) A complete legal description of the tract and a statement of its size in acres or square feet. "(3) A description of the proposed construction, including the number of proposed structures and whether the structures are amenities or habitable structures. "(4) Whether the proposed construction will include a dune walkover and whether the dune walkover will be constructed under the dune walkover construction standards in the Texas General Land Office's Dune Protection and Improvement Manual for the Texas Gulf Coast. "(5) The height of the lowest habitable floor of the proposed structures and whether it is at or above the FEMA base flood elevation. "(6) A scalable site plan that includes the following: "a. Legal description of the tract, including, where applicable, the subdivision, block, and lot designations. "b. Location of the property lines and a notation of the legal description of adjoining tracts. "c. Location, footprint, and perimeter of the existing and proposed structures on the tract (the location, footprint, or perimeter of a proposed structure is not required for proposed structures located landward of the erosion set -back line). "d. Location of proposed roadways and driveways on the tract (the location of proposed roadways and driveways is not required for proposed structures located landward of erosion set -back line). "e. Location of any seawalls or any other erosion response structures on the tract or any seawalls or other erosion response C: \Program Files \Granicus \Legistar5 \Packet \975_City Council_ 6_19_2012 \0023_4_d282f341 -7961 4fe 8- b971- 0c6088513453. d ocx Page 11 of 27 structures within two hundred (200) feet of the tract, which are located on the properties adjoining the tract. "f. Location of the beachfront construction line, dune protection line, vegetation line, erosion set -back line, erosion area line, or erosion area restriction line, mean high tide line, and mean low tide line. "q. Location of any existing beach access ways that are located either on the property or adjacent to the tract. "h. Location of any future beach access ways, based on elements of the city's comprehensive plan, including the transportation plan or applicable area development plan, that are located either on the property or adjacent to the tract. "i. Location of any existing or proposed walkways, parking areas, patios, or dune walkovers on the tract. "j. Proposed landscaping activities on the tract seaward of the erosion set -back line. "k. If known, the location and extent of any man -made vegetated mounds, restored dunes, fill activities, or any other pre - existing human modifications on the tract. "I. The location and extent of wetlands. "(7) A grading and layout plan identifying all existing and proposed structures and paved areas, all elevations (in reference to the National Oceanic and Atmospheric Administration datum), existing contours of the project area (including the location of dunes and swales), and proposed contours for the final grade. " (8) The approximate percentage of existing and finished open spaces (those areas completely free of structures) seaward of the erosion set- back line. "(9) The floor plan and elevation view of any structures proposed to be constructed or expanded seaward of the erosion set -back line. "(10) The approximate duration of the construction. "(11) Photographs of the site which clearly show the current location of the vegetation line and the existing dunes on the tract. "(12) The effects of the proposed activity on the beach /dune system which cannot be avoided should the proposed activity be permitted, including, C: \Program Files \Granicus \Legistar5 \Packet \975_City Council_ 6_19_2012 \0023_4_d282f341 -7961 4fe 8- b971- 0c6088513453. d ocx Page 12 of 27 but not limited to, damage to dune vegetation, alteration of dune size and shape, and changes in dune hydrology. "(13) A comprehensive mitigation plan which includes a detailed description of the methods which will be used to avoid, minimize, mitigate, and compensate for any adverse effects on dunes or dune vegetation. "(14) For all proposed construction, if applicant already has the following items and information, the applicant shall, in addition, submit a copy of a topographical survey (two -foot contour intervals) of the site. "(d) For all proposed construction, if applicant for an erosion response permit already has the following items and information, the applicant shall, in addition, submit with the other information required above: "(1) The most recent local historical erosion rate data (as determined by the University of Texas at Austin, Bureau of Economic Geology) (usually located in the department) and the activity's potential impact on coastal erosion. "(2) A copy of the FEMA "elevation certificate." "Sec. 10 -133. Issuance or denial of erosion response permit. "(a) To determine whether to issue or deny an erosion response permit, the planning director shall review and consider: "(1) The information in the permit or certificate application. "(2) The proposed activity's consistency with these regulations, state law, and the beach /dune rules. "(3) Any other law relevant to dune protection and public beach use and access that affects the activity under review. "(4) The comments, if any, of the City of Corpus Christi staff and the Texas General Land Office. "(5) With respect to dunes and dune vegetation and erosion response permits: "a. Cumulative, direct and indirect effects of the proposed construction on all dunes and dune vegetation seaward of the erosion set -back line. "b. Cumulative, direct and indirect effects of other activities on dunes and dune vegetation located seaward of the erosion set- back line. C: \Program Files \Granicus \Legistar5 \Packet \975_City Council_ 6_19_2012 \0023_4_d282f341 -7961 4fe 8- b971- 0c6088513453. d ocx Page 13 of 27 "c. The pre- construction type, height, width, slope, volume, and continuity of the dunes, the pre- construction condition of the dunes, the type of dune vegetation, and per cent of vegetative cover on the site. "d. The local historical erosion rate as determined by the University of Texas at Austin, Bureau of Economic Geology, and whether the proposed construction may alter dunes and dune vegetation in a manner that may aggravate erosion. "e. All practicable alternatives to the proposed activity, proposed site, or proposed methods of construction. "f. The applicants mitigation plan for any unavoidable adverse effects on dunes and dune vegetation and the effectiveness, feasibility, and desirability of any proposed dune reconstruction and revegetation. "g. The impacts on the natural drainage patterns of the site and adjacent property. "h. Any significant environmental features of the potentially affected dunes and dune vegetation such as their value and function as floral or faunal habitat or any other benefits the dunes and dune vegetation provide to other natural resources. "1. Wind and storm patterns, including a history ofwashover patterns. "1. Location of the site on the flood insurance rate map. "k. Success rates of dune stabilization projects in the area. "(6) Any other information the planning director considers useful, including resource information made available to them by federal and state natural resource entities. "(b) An erosion response permit that is inconsistent with these regulations, General Land Office rules for Management of the Beach /Dune System (31 TAC §§ 15.1- 15.17), the Open Beaches Act (Chapter 61, Texas Natural Resources Code), the Dune Protection Act (Chapter 63, Texas Natural Resources Code), the Coastal Public Lands Act (Chapter 33, Texas Natural Resources Code), and other state, local, and federal laws related to the requirements of the Dune Protection Act, the Open Beaches Act, and the Coastal Public Lands Act, the requirements of which are incorporated into these regulations by reference, may not be issued. "Sec. 10 -134. Required findings. C: \Program Files \Granicus \Legistar5 \Packet \975_City Council_ 6_19_2012 \0023_4_d282f341 -7961 4fe 8- b971- 0c6088513453. d ocx Page 14 of 27 "Before issuing an erosion response permit, the planning director must find that: "(1) Any new construction seaward of the erosion set -back line includes the following criteria: "(A) The proposed construction is for or related to a public or private elevated dune walkover, a beach access roadway, public parking facility, or associated public facilities and amenities, which will be constructed under the Texas General Land Office construction standards. "(B) New construction on a lot platted prior to August 31, 2010, and there are no practicable alternatives to the construction of the structure or a portion of the structure seaward of the erosion set- back line exist. For purposes of this subparagraph, practicable means available and capable of being done after taking into consideration existing building practices, siting alternatives, FEMA requirements, and the footprint of the structure in relation to the area of the buildable portion of the lot, and considering the overall development scheme for the property. "(0) The applicant will comply with any compensatory mitigation requirements for unavoidable adverse effects on dunes and dune vegetation. "(D) The construction relates to the repair, reconstruction, or modification of an existing structure located seaward of the erosion set -back line prior to August 31, 2010, if any modifications do not increase the footprint of the structure. Structures seaward of Building Setback Line that have been damaged more than 50% of their value or destroyed, or have been abandoned (e.g., not occupied or used) for more than 12 months shall be subject to the construction standards in Section 10.134(2). "(2) The following construction requirements have been met: "a. The plans and certifications for the structure have been prepared and sealed by a registered professional engineer licensed in the State of Texas providing evidence of the following: "1. There is a minimum two -foot freeboard above base flood elevation ( "BFE ") "2. There are no enclosures exceeding 300 square feet below BFE. "3. The elevated building foundations are adequate and there is proper placement, compaction, and protection of fill C: \Program Files \Granicus \Legistar5 \Packet \975_City Council_ 6_19_2012 \0023_4_d282f341 -7961 4fe 8- b971- 0c6088513453. d ocx Page 15 of 27 when used as construction for all newly constructed, substantially damaged, and substantially improved buildings elevated on pilings, posts, piers, or columns in accordance with the latest edition of specifications outlined in American Society of Civil Engineers, Structural Engineering Institute, Flood Resistant Design and Construction, ASCE 24 -05. "4. It is not feasible to relocation of a habitable structure seaward of the erosion set -back line. "5. All construction is designed to minimize impacts on natural hydrology. "b. All construction will be landward of the landward toe of the foredune ridge, where practicable. "(3) The applicant is taking all steps necessary to preserve, restore, and enhance any critical sand dunes for natural storm protection and conservation purposes that are located on the applicants property, including any common areas in which the applicant has an interest.. The necessary steps must include the following: "a. Restoring and filling in paps and blowouts in the foredune ridge. "b. Planting dune vegetation, using appropriate native plant species. "c. Limiting the use of fertilizer and mowing. "(4) The proposed construction does not involve a prohibited activity as defined in section 10 -136. "(5) The proposed construction activity will not materially weaken dunes or materially damage dune vegetation seaward of the erosion response line based on substantive findings under section 10 -137. "(6) There are no practicable alternatives to the proposed activity and adverse effects cannot be avoided as provided in section 10 -138. "(7) The applicants mitigation plan will adequately minimize, mitigate, and compensate for any unavoidable adverse effects, as provided in section 10 -138. "(8) The proposed activity complies with any applicable requirements of article IV (requirements for beachfront construction certificates), article V (concurrent requirements for both dune protection permits and beachfront construction certificates), and article VI (management of the public beach) of these regulations. C: \Program Files \Granicus \Legistar5 \Packet \975_City Council_ 6_19_2012 \0023_4_d282f341 -7961 4fe 8- b971- 0c6088513453. d ocx Page 16 of 27 "Sec. 10 -135. Exemptions. "The following construction seaward of the erosion set -back line do not require an erosion response permit: "(1) The construction has been previously permitted under a dune protection and beach access plan establishing a erosion set -back line certified by the General Land Office prior to August 31, 2010. "(2) The construction relates to a structure located seaward of the erosion set -back line prior to August 31, 2010, for which modifications are sought that do not increase the footprint of the structure. However, an erosion response permit is required for structures seaward of the erosion set -back line that are damaged more than 50% or destroyed before they are repaired or reconstructed. "Sec. 10 -136. Prohibited activities. "Erosion response permits authorizing the following actions seaward of the dune protection line may not be issued for: "(1) Activities that are likely to result in the temporary or permanent removal of sand from the portion of the beach /dune system located on or adjacent to the construction site, including: "a. Moving sand to a location landward of the erosion set -back line. "b. Temporarily or permanently moving sand off the site, except for purposes of permitted mitigation, compensation, or an approved dune restoration or beach nourishment project and then only from areas where the historical accretion rate is greater than one (1) foot per year, and the project does not cause any adverse effects on the sediment budget. "(2) Depositing sand, soil, sediment, or dredged spoil which contains any of the toxic materials listed in Title 40 of the Code of Federal Regulations, § 302.4, in concentrations which are harmful to people, flora, and fauna as determined by applicable, relevant, and appropriate requirements for toxicity standards established by the local, state, and federal governments. "(3) Depositing sand, soil, sediment, or dredged spoil which is of an unacceptable mineralogy or grain size when compared to the sediments found on the site (this prohibition does not apply to materials related to the installation or maintenance of public beach access roads running generally perpendicular to the public beach). C: \Program Files \Granicus \Legistar5 \Packet \975_City Council_ 6_19_2012 \0023_4_d282f341 -7961 4fe 8- b971- 0c6088513453. d ocx Page 17 of 27 "(4) Creating dredged spoil disposal sites, such as levees and weirs, without the appropriate local, state, and federal permits. "(5) Constructing or operating industrial facilities not in full compliance with all relevant laws and permitting requirements prior to the effective date of these regulations. "(6) Mining dunes. "(7) Constructing concrete slabs or other impervious surfaces within two hundred (350) feet landward of the natural vegetation line, except for such a surface that (1) supports and does not extend beyond the perimeter of an existing habitable structure elevated on pilings, provided no walls are erected that prohibit the natural transfer of sand, or (2) does not exceed five (5) per cent of the footprint of the permitted habitable structure it serves. "(8) Depositing trash, waste, or debris including inert materials such as concrete, stone, and bricks that are not part of the permitted on -site construction. "(9) Constructing cisterns, septic tanks, and septic fields seaward of any structure serviced by the cisterns, septic tanks, and septic fields. "(10) Detonating bombs or explosives. "Sec. 10 -137. No material weakening. "The planning director may issue an erosion response permit only if it finds as a fact, after a full investigation, that the particular conduct proposed will not materially weaken any dune or materially damage dune vegetation or reduce the effectiveness of any dune as a means of protection against erosion and high wind and water. In making the finding as to whether such material weakening or damage will occur, the committee shall use the following technical standards. Failure to meet any one (1) of these standards will result in a denial of the application: "(1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property. "(2) The activity will not result in runoff or drainage patterns that aggravate shoreline erosion. "(3) The activity will not result in significant changes to the natural permeability of a dune or its ability to transmit rainwater to the water table. "(4) The activity will not adversely affect unique flora or fauna or result in significant adverse effects on dune complexes or dune vegetation. C: \Program Files \Granicus \Legistar5 \Packet \975_City Council_ 6_19_2012 \0023_4_d282f341 -7961 4fe 8- b971- 0c6088513453. d ocx Page 18 of 27 "(5) The activity will not significantly increase the potential for washovers or blowouts to occur. "Sec. 10 -138. Mitigation of other adverse effects. "(a) The applicant bears the burden of proving no material weakening or damage of critical sand dunes. If the planning director finds that no material weakening of critical sand dunes or material damage to critical sand dunes will occur, as demonstrated by the applicant, the planning director shall then determine whether any adverse effects will result from the activity. If the planning director finds there will be adverse effects on critical dunes or dune vegetation seaward of the erosion set -back line or in critical dune areas, the planning director may issue an erosion response permit only if the applicant demonstrates that adverse effects can be mitigated as required by the mitigation sequence. If the planning director issues an erosion response permit, it must include appropriate permit conditions incorporating the requirements of this article. "(b) The mitigation sequence consists of the following requirements: "(1) Avoidance. "a. Avoidance means avoiding adverse effects altogether by not taking a certain action or parts of an action. An erosion response permit may not be issued allowing any adverse effects on critical sand dunes or dune vegetation seaward of the erosion set -back line unless the applicant proves there is no practicable alternative to the proposed activity, proposed site, or proposed methods for conducting the activity, and the activity will not materially weaken the critical sand dunes or dune vegetation. The applicant shall include information as to practicable alternatives in the erosion response permit application. "b. To avoid adverse effects on critical sand dunes and dune vegetation seaward of the erosion set -back line as required by subsection (b)(1)a. of this subsection, applicants may not: "1. Construct pipelines, except those that are exempt, seaward of the erosion set -back line unless there is no practicable alternative. "2. Engage in any construction unless it is located as far landward of the critical sand dunes as practicable, except construction providing access to and from a public beach. "3. Construct any road parallel to the beach seaward of the erosion set -back line, nor construct any other road parallel to the beach seaward of the erosion set -back line. C: \Program Files \Granicus \Legistar5 \Packet \975_City Council_ 6_19_2012 \0023_4_d282f341 -7961 4fe 8- b971- 0c6088513453. d ocx Page 19 of 27 "4. Construct new artificial channels, including stormwater runoff channels, unless there is no practicable alternative. "5. Cause any such adverse effects for which the planning director determines there is a practicable alternative that would avoid such adverse effects. "(2) Minimization. "a. Minimization means minimizing effects on critical sand dunes and dune vegetation by limiting the degree or magnitude of the action and its implementation. Applicants shall minimize adverse impacts to critical sand dunes and dune vegetation by limiting the degree or magnitude of the action and its implementation. If the planning director determines that adverse effects on critical sand dunes or dune vegetation seaward of the erosion set -back line cannot be avoided, the planning director may issue an erosion response permit allowing the proposed alteration, provided that the permit contains a condition requiring the applicant to minimize such adverse effects to the greatest extent practicable. "b. To minimize unavoidable adverse effects as required by subsection (b)(2)a. of this section, applicants shall: "1. Locate nonexempt pipelines across previously disturbed areas, such as blowout areas, and minimize disturbance of dune surfaces where use of previously disturbed areas is not practicable. "2. Minimize construction and pedestrian traffic on or across dune areas to the greatest extent practicable, accounting for trends of dune movement and beach erosion in that area. "3. Route all pedestrian access to and from beaches through washover areas or over elevated walkways, and conspicuously mark all such access that is public with permanent signs so indicating. "4. Minimize the number of private access ways from any proposed subdivision, multiple dwelling, or commercial facility. In some cases, the minimum beach access may be only one (1) access way. In determining the appropriate grouping of access ways, the planning director shall consider the size and scope of the development. "5. Post signs in areas where pedestrian traffic is high explaining the functions of dunes and the importance of vegetation in preserving dunes. C: \Program Files \Granicus \Legistar5 \Packet \975_City Council_ 6_19_2012 \0023_4_d282f341 -7961 4fe 8- b971- 0c6088513453. d ocx Page 20 of 27 "6. Where practicable, provide vehicular access to and from beaches by using existing roads or from roads constructed in accordance with subsection (b)(1)b.3. of this section, unless public beach access is restricted, and where possible, improve existing access roads with elevated berms near the beach that prevent channelization of floodwaters. "7. Where practicable, locate new beach access roads in washover areas, blowout areas or other areas where dune vegetation has already been disturbed, construct such roads along the natural land contours, and minimize their width. "8. Where practicable, locate new beach access roads at an oblique angle to the prevailing wind direction. "9. Prohibit persons from using or parking any motor vehicle on, through, or across dunes outside designated access ways. "10. Maximize use of natural or existing drainage patterns when providing for stormwater runoff and retention. "11. Locate and construct new artificial stormwater runoff channels and retention basins so as to avoid erosion and unnecessary construction of additional channels and to direct all runoff inland and not to the Gulf of Mexico through dune areas. "(3) Mitigation. "a. Mitigation means repairing, rehabilitating, or restoring affected dunes and dune vegetation. Where adverse effects on critical sand dunes and dune vegetation cannot be avoided or minimized, the planning director shall set appropriate permit conditions requiring that applicants repair, rehabilitate, or restore affected critical sand dunes to at least the same volume as the pre - existing dunes and dune vegetation so that affected dunes will be superior or equal to the pre - existing dunes in their ability to protect adjacent public and private property from potential flood damage, nuisance, and erosion and to protect natural resources. The planning director shall consider the comments from the general land office, federal and state natural resource agencies, and dune vegetation experts in determining the appropriate mitigation method. "b. Applicants may mitigate adverse effects on critical sand dunes using appropriate vegetative or mechanical means. Applicants shall: C: \Program Files \Granicus \Legistar5 \Packet \975_City Council_ 6_19_2012 \0023_4_d282f341 -7961 4fe 8- b971- 0c6088513453. d ocx Page 21 of 27 "1. Restore dunes to approximate the naturally formed dune position or location, contour, volume, elevation, vegetative cover, and sediment content in the area. "2. Allow for the natural dynamics and migration of dunes. "3. Use discontinuous or continuous temporary sand fences or a planning director approved method of dune restoration, where appropriate, considering the characteristics of the site. "4. Restore or repair dunes using indigenous vegetation that will achieve the same protective capability as or greater capability than the surrounding natural dunes. "c. In authorizing or requiring restoration of dunes, the planning director shall give priority to stabilization of blowouts and breaches and priority dune mitigation locations identified in the erosion response plan. Before permitting stabilization of washover areas, the planning director shall: "1. Assess the overall impact of the project on the beach /dune system. "2. Consider any adverse effects on hydrology and drainage which will result from the project. "3. Require that equal or better public beach access be provided to compensate for impairment of any public beach access previously provided by the washover area. "(4) Compensation. "a. Compensation means compensating for effects on dunes and dune vegetation by replacing or providing substitute critical sand dunes and dune vegetation. Compensation consists of replacement of the affected critical sand dunes or dune vegetation on the site where the critical sand dunes and dune vegetation were originally located. The planning director shall set appropriate permit conditions requiring applicants to compensate for all adverse effects on critical sand dunes and dune vegetation that cannot be avoided, minimized, or otherwise mitigated. In setting appropriate conditions, the planning director shall consider recommendations of the general land office, federal and state natural resource agencies, and dune vegetation experts. Preference must shall be given to stabilization of blowouts and breaches and priority dune mitigation locations identified in the erosion response plan. C: \Program Files \Granicus \Legistar5 \Packet \975_City Council_ 6_19_2012 \0023_4_d282f341 -7961 4fe 8- b971- 0c6088513453. d ocx Page 22 of 27 "b. Applicants shall follow the requirements of subsections (3)b. -- c. and (4)e.3. -- 5. of this subsection when replacing critical sand dunes or dune vegetation. "c. On -site compensation consists of replacement of the affected dunes or dune vegetation on the site where the dunes and dune vegetation were originally located or filling in voids in the existing critical foredunes. Applicants shall locate compensation efforts on the construction site, where practicable. "d. An applicant may locate compensation efforts off the construction site if the applicant demonstrates that: "1. On -site compensation is not practicable. "2. The off -site compensation will be located as close to the construction site as practicable. "3. The off -site compensation has achieved a 1:1 ratio of proposed adverse effects on successful, completed, and stabilized restoration prior to beginning construction. "4. The applicant has notified FEMA, Region 6, of the proposed off -site compensation. "e. Applicants shall provide the following information when proposing off -site compensation: "1. The name, address, phone number, and fax number, if applicable, of the owner of the property where the off -site compensation will be located. "2. A legal description of property intended to be used for the proposed off -site compensation. "3. The source of the sand and dune vegetation to be used. "4. All information regarding permits and certificates issued for the restoration of dunes and dune vegetation on the compensation site. "5. All relevant information regarding the success, current status, and stabilization of the dune restoration efforts on the compensation site. "6. Any increase in potential flood damage to the site where the adverse effects on dunes and dune vegetation will occur and to the public and private property adjacent to that site. C: \Program Files \Granicus \Legistar5 \Packet \975_City Council_ 6_19_2012 \0023_4_d282f341 -7961 4fe 8- b971- 0c6088513453. d ocx Page 23 of 27 "7. The proposed date of initiation of the compensation. "f. Applicants shall compensate for adverse effects on dune vegetation by planting indigenous native vegetation on the affected dunes. Applicants may not remove existing vegetation from property not owned by the applicant unless the applicant includes in the permit application written permission from the property owner. The permit application must identify the source of any sand and vegetation which will be used in compensation. "g. Applicants shall begin compensation prior to or concurrently with the commencement of construction. If compensation is not to be completed prior to commencement of construction, the applicant shall provide proof of financial responsibility in an amount necessary to complete the compensation, in the form of an irrevocable letter of credit, performance bond, or any other instrument acceptable to the city. "h. Applicants shall notify the department in writing of the actual date of initiation within ten (10) working days after compensation is initiated. If the applicant fails to begin compensation on the date proposed in the application, the applicant shall state the reason for the delay. The planning director shall take this reason into account when determining whether an applicant has violated the compensation deadline. "1. Applicants shall conduct compensation efforts continuously until the repaired, rehabilitated, and restored dunes and dune vegetation are equal or superior to the pre - existing dunes and dune vegetation. These efforts shall include preservation and maintenance pending completion of compensation. "j. A compensation project is deemed complete when the position, contour, volume, elevation, and vegetative cover of the restored dunes are equal or superior to the pre - existing dunes and dune vegetation. "k. The applicant shall be deemed to have failed to achieve compensation if a 1:1 ratio has not been achieved within three (3) years after the beginning of compensation efforts. "Sec. 10 -139. Application fees. "(a) The application fees for an erosion response protection permit is $500.00. "(b) The application fees must be paid before an application is accepted for review. C: \Program Files \Granicus \Legistar5 \Packet \975_City Council_ 6_19_2012 \0023_4_d282f341 -7961 4fe 8- b971- 0c6088513453. d ocx Page 24 of 27 "Sec. 10 -140. Terms and renewal of erosion response permits. "(a) An erosion response permit is valid for one (1) year from the date of issuance of the erosion response permit or the date of issuance of the first building, electrical, gas, mechanical, or plumbing permit by the Building Official. "(b) The planning director may renew an erosion response permit for a period not exceeding ninety (90) days if the activity as proposed in the application for renewal complies with these regulations and the applicant supplements the original application materials with additional information indicating any changes to the activity or information. Only two (2) renewals shall be issued for each permit or certificate. Thereafter, the applicant must apply for an erosion response new permit. "(c) If the proposed construction is changed in any manner that causes or increases adverse effects on dunes, dune vegetation, or public beach use and access, the applicant is not be eligible for a renewal but must apply for a new permit or certificate. "(d) For the purposes of this section, a plat is required for property located with the extraterritorial jurisdiction of the city, if the property on which the project will be developed is a portion of a tract of land that has been subdivided since the tract was last platted or replatted, if the owner of the tract of land, at the time the property was subdivided was required to file a plat under an applicable state law. "(e) For the purposes of this section, a plat is required for property located within the city limits, if the property on which the project will be developed is a portion of a tract of land that has been subdivided since the tract was last platted or replatted. "Sec. 10 -141. Termination of erosion response permits. "(a) An erosion response permit is voidable if the planning director finds that: "(1) The erosion response permit is inconsistent with state law, the erosion response rules, this subchapter or the city's comprehensive plan at the time the permit was issued. "(2) A material change occurs after the erosion response permit is issued. "(3) An applicant fails to disclose any material fact in the application. "(b) "Material change" includes, in the opinion of the planning director, human or natural conditions which have adversely affected dunes, dune vegetation, or beach access and use that either did not exist at the time of the original application, or were not considered by the planning director in making the permitting decision because the applicant did not provide information regarding the site condition in the original application. C: \Program Files \Granicus \Legistar5 \Packet \975_City Council_ 6_19_2012 \0023_4_d282f341 -7961 4fe 8- b971- 0c6088513453. d ocx Page 25 of 27 "(c) An erosion response permit automatically terminates if construction comes to lie within the boundaries of the public beach by artificial means or by natural causes. "(d) Every erosion response permit, which does not require the platting of property or issuance of a building, electrical, gas, mechanical, or plumbing permit, becomes invalid if the work authorized by the permit or certificate is not commenced within two (2) months after the issuance of the erosion response permit. "(e) Every erosion response permit, which requires the platting of property or issuance of a building, electrical, gas, mechanical, or plumbing permit, becomes invalid unless the plat, if required, is filed and any required building, electrical, gas, mechanical, or plumbing permit obtained within six (6) months of the issuance of the erosion response permit. "(f) An erosion response permit becomes invalid if the work authorized by the erosion response permit is suspended or abandoned for a period of six (6) months after the time the work is commenced. "Sec. 10 -142. Administrative record. "(a) The planning director shall compile and maintain an administrative record which demonstrates the basis for each final decision regarding issuance or denial of an erosion response permit. The administrative record shall include copies of the following: "(1) All materials received from the applicant as part of or regarding the erosion response permit. "(2) The transcripts, if any, or the minutes and /or tape of all meetings during which the erosion response permit was considered. "(3) All comments received regarding the erosion response permit. "(b) The planning director shall keep the administrative record for three (3) years from the date of a final decision on an erosion response permit. The planning director shall, upon request of the Texas General Land Office, send to the Texas General Land Office, upon request by either agency, a copy of those portions of the administrative record that are requested for review. The planning director shall provide to the applicant upon request copies of any materials in the administrative record regarding the erosion response permit not submitted to the department by the applicant in the application." SECTION 11. The City of Corpus Christi Dune Protection and Beach Access Plan, codified as Chapter 10, Beachfront Management and Construction, Code of Ordinances, is amended by adding the Joint Erosion Response Plan for Nueces County C: \Program Files \Granicus \Legistar5 \Packet \975_City Council_ 6_19_2012 \0023_4_d282f341 -7961 4fe 8- b971- 0c6088513453. d ocx Page 26 of 27 and the City of Corpus Christi 2012 as adopted by Section 1 of this ordinance, as Appendix XVIII. SECTION 12. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 10 -97 of the City Code of Ordinances. SECTION 13. 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 14. 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 15. This ordinance takes effect on the approval of these changes to the City of Corpus Christi's Dune Protection and Beach Access Plan by the General Land Office. C: \Program Files \Granicus \Legistar5 \Packet \975_City Council_ 6_19_2012 \0023_4_d282f341 -7961 4fe 8- b971- 0c6088513453. d ocx Page 27 of 27 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor C: \Program Files \Granicus \Legistar5 \Packet \975_City Council_ 6_19_2012 \0023_4_d282f341 -7961 4fe 8- b971- 0c6088513453. d ocx Revised DRAFT 6/7/2012 A Joint Erosion Response Plan for Nueces County and the City of Corpus Christi 2012 This study was funded in part by a National Oceanic and Atmospheric Administration grant from the Texas General Land Office Nueces County Commissioners Court Approved by County Order Judge Loyd Neal Mike Pusley Joe A. Gonzalez Oscar Ortiz Joe McComb Nueces County Beach Management Advisory Committee Fred McCutchon, Chairman Lawrence Young, Vice - Chairman James Dinn Pat Eisenhauer Don Feferman Gabi Hilpold Debbie Lindsey -Opel John Garcia Greg Smith Linda Strong Anne Williams Corpus Christi City Council Adopted by City Ordinance: Mayor Joe Adame David Loeb Mark Scott Nelda Martinez Kelley Allen John Marez Priscilla Leal Chris Adler Larry Elizondo, Sr. Corpus Christi Planning Commission /Beach Dune Committee Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman Mark Adame Marco Castillo Gabriel Guerra Evon J. Kelly Govind Nadkami John C. Tamez John Taylor Special Thanks to: Greg Smith, Chairman of the Erosion Response Plan Working Group James Skrobarczyk, Sr. Former Planning Commission Member Colleen McIntyre, Island Strategic Action Committee John Trice, Island Strategic Action Committee Cameron Perry, Water Shore Advisory Committee Chairman Jennifer Smith - Engle, Former County Beach Management Adv. Committee Consultant Staff Ron Olson, City Manager Oscar Martinez, Assistant City Manager Jay Reining, First Assistant City Attorney Emeritus Corpus Christi Legal Department Derek Herzog, Superintendent, Corpus Christi Park and Recreation Department Scott Cross, Nueces County Parks Director Karen Barsch, (former) GIS Technician, Development Services Department Mike Newberry, GIS Senior Application Specialist, Development Services Department Corpus Christi Planning Department Pete Anaya, P.E., Planning Director Faryce Goode - Macon, Assistant Planning Director Robert Payne, AICP, Senior City Planner and Project Manager Elena Buentello, Planning Technician Executive Summary The purpose of the Erosion Response Plan is to reduce storm damage along the City and County gulf coastlines. The 81S1 Legislature amended Chapter 33 of the Natural Resources Code provided authority to the Texas General Land Office to formulate rules for local governments with gulf coast lines in their jurisdictions to create Erosion Response Plans. The Erosion Response Plan will be used by the General Land Office to qualify local governments for certain GLO grants. The Plan will be used by the City and the County to justify submission of grants for GLO funding for beach renourishment, dune system enhancements and improvements for public beach access. A draft City Erosion Response Plan was presented to City Council in June 2011. The City Council recommended the draft plan, with changes, to be submitted to the Texas General Land Office. (GLO) Part of City Council direction to staff was to develop a final plan that is as similar to the County's as possible. The GLO provided comments on the draft plan by October 2011. The Planning Department then formed an informal group of County officials and City officials to develop the final plan document. The informal group included representatives from the City Beach Dune Committee, the County Beach Management and Dune Protection Advisory Committee, the Water Shore Advisory Committee, and the Island Strategic Action Advisory Committee. The Erosion Response Plan Addresses: • Assessment of the foredune ridge in the Corpus Christi and Nueces County jurisdictions. • Review of scientific studies concerning storm surge, coastal erosion, and sea level rise. • Review of FEMA velocity zones on Mustang and Padre Islands. • The plan identifies the beach as the first line of defense to storm surge and the foredune ridge as the second line of defense. • The plan defines the minimum width of the public beach for provision of public beach access as 100 feet wide from the Line of Vegetation to the wet/dry line on the beach. • The goal for enhancing the foredune ridge is to establish a dune system of at least 14 feet high, 350 foot deep, and containing at least 50% vegetative coverage. • Mitigation sites for enhancing the foredune ridge are identified and prioritized. • Establishment of a 350 foot building setback line located 350 feet landward of the Line of Vegetation along the gulf beach. The building setback line will prevent new construction of residential or commercial buildings within the foredune ridge. • Land that is landward of the seawall is exempt from the Building Setback. • Existing structures are exempt from the building setback prohibition, provided there is no practicable alternatives, that the foot print of the building is not increased and that the new structure meets new construction guidelines. • The plan addresses enhancements to public beach access. Generally, these enhancements to public access focus on designs to reduce damage to the public access ways after storm events. • The criteria for potential acquisition of property seaward of the Building Setback Line. Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page ii Table of Contents I. Introduction 1 Historical Conversion of Agriculture Island Usage to Urbanization and the Impact on Island Erosion 3 II. Setback Line Determination 6 II.A. Setback Line Goals 6 II.B. Assessment of Erosion Rates 6 II.C. Projected Shoreline 8 II.D. Foredune Ridge Assessment 8 II.E. Federal Emergency Management Agency (FEMA) and the National Oceanic and Atmospheric Administration (NOAA) 11 II.F. Line of Vegetation (LOV) 14 II.G. Building Setback Line (SBL) 15 II.H. Useable Public Beach 15 III. New Construction Guidelines 16 III.A. New Residential or Commercial Structures 16 III.B. Restrict New Development Landward 200 feet to 350 feet 16 III.C. Community Benefit Projects 16 III.D. Exempt Projects and Properties 16 III.E. Construction Requirements for Exempt Properties 17 IV. Goals for Enhancement of the Dune System and Beach 18 IV.A.Dune Goals 18 IV.B. Beach Goals 18 IV.C.Vegetation Goals (Seaward of the Setback Line) 19 IV.D. Sand Fencing 19 V. Mitigation 19 V.A. Definition of Mitigation 19 V.B. Scope of Mitigation 20 V.C. Mitigation Location 20 V.D. Dune System - Mitigation Prioritization 20 VI. Enhancement of Public Beach Access 21 VI.A. Existing Public Beach Access Inventory 21 VI.B. Existing Standard for Access along the Public Beach 22 VI.C. Beach Access Road Assessment 22 VI.D. Recent Enhancements to Public Beach Access 36 VI.E. Priority for Beach Access Road Improvements 38 VII. Acquisition of Property Seaward of Setback Line 39 VIII. Post Storm Recovery 40 VIII.A. Inspections 40 Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page iii VIII.B. List Required Repairs 40 VIII.C. Repair Schedule 40 Figures Figure 1: Bob Hall Pier to White Cap 1948, sand flats with coppice dunes 4 Figure 2: Bob Hall Pier to Whitecap Blvd. 2009 Aerial with 2005 Lidar Topography 4 Figure 3: Mustang Island Packery Channel to Fish Pass 1938, Primarily San Flats 5 Figure 4: Mustang Island, Packery Channel to the Fish Pass 2009, Primarily Dunes 5 Figure 5: Erosion Rates Comparison 6 Figure 6: Beach Dune System 8 Figure 7: Washover Damage to the Dune System 9 Figure 8: Hurricane Ike Dune Erosion 9 Figure 9: Blowing Wind Eroding the Dune System 10 Figure 10: Water Levels at Bob Hall Pier 1992 - 2012 12 Figure 11: Bob Hall Pier Sea Level 1958 - 2006 13 Figure 12: 2007 Aerial Photo Overlaid with a 1948 Aerial Photo 14 Figure 13: Beach Access Road 2 on Mustang Island 23 Figure 14: Beach Access Road 2, Seaward View Near State Highway 361 23 Figure 15: Mustang Island State Park Entrance, Google Aerial 24 Figure 16: Beach Access Road 3, Mustang Island State Park 25 Figure 17: Newport Beach Access Road, Photos and Google Aerial 26 Figure 18: Zahn Road at Packery Channel, Google Aerial 27 Figure 19: Zahn Road at Packery Channel 27 Figure 20: Beach Access Road 3A, Google Aerial 28 Figure 21: Beach Access Road 3A, Seaward View 29 Figure 22: Seawall Parking Lot 29 Figure 23: Whitecap Boulevard, Google Aerial 30 Figure 24: Whitecap Boulevard, Seaward View 31 Figure 25: Beach Access Roads 4, 5, 6 and Padre Balli Park Entrance / Exit Road 31 Figure 26: Beach Access Road 4, Seaward View at the Intersection of Elif Road 32 Figure 27: Beach Access Road 5, Seaward View 33 Figure 28: Padre Balli Park Entrance /Existing Road, Seaward View 34 Figure 29: Padre Balli Park Entrance - Potential 1.1 Acre Dune Construction Site 34 Figure 30: Beach Access Road 6, Google Aerial 35 Figure 31: Beach Access Road 6, Seaward View 35 Figure 32: Padre Island National Sea Shore North Beach Access Road 36 Figure 33: Beach Access Road Alignment 37 Appendix Appendix 1: Packery Channel Development Plan Appendix 2: Dune Assessment and Mitigation Map Exhibits 1 -20 Appendix 3: Beach Access and Mitigation Map Exhibit 21 Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page ii I. Introduction The 81st Legislature amended Chapter 33 of the Natural Resources Code to require local governments with jurisdiction over Gulf of Mexico Shorelines to adopt an Erosion Response Plan (ERP). The changes to Chapter 33 of the Code also requires the Land Commissioner to consider whether a jurisdiction has completed an ERP before awarding Coastal Erosion Planning and Response Account funds for projects within the local jurisdiction. The Texas General Land Office (GLO) adopted rules specifying the requirements that may be considered when developing an Erosion Response Plan. In addition, the rules establish the dates for submittal of the ERP to the GLO in order for it to be considered for each Coastal Erosion Planning and Response Act (CEPRA) biennium. The rules require the plans to be submitted by July 1, 2011 for the current grant cycle. The ultimate purpose of the plan is to minimize future storm damage to public and private property along the Gulf Coast within the local government's jurisdiction. During the course of developing an Erosion Response Plan the County and the City have worked closely to gather to create plans that are compatible. As the two plans neared completion, by direction of the Commissioner's Court and the City Council, to make the plans as similar as possible, the two separate plans have been merged into this joint Erosion Response Plan. Nueces County's jurisdiction, with respect to this plan, includes that portion of Mustang Island that is not inside the Corpus Christi City limits and that portion of North Padre Island that is north of Kleberg County. Within this area, Nueces County maintains Dune Permitting authority through its Beach Management Plan. The Dune Permitting area is located 1,000 feet landward of mean high tide except for two exceptions: Mustang Island State Park; and land that is landward of the toe of the seawall on North Padre Island. This Erosion Response Plan will become an addendum to Nueces County's Beach Management Plan. The City of Corpus Christi's jurisdiction, including inside city limits and the Extraterritorial Jurisdiction (ETJ), contain 25 miles of public beach. There are currently 20 miles of public gulf beach inside city limits and 5 miles of gulf beach in the City's five mile extraterritorial jurisdiction. Of the 25 miles of public beach only 6 miles or 24% of the City's beach frontage abuts private lands. This plan is an addendum to the City of Corpus Christi Code of Ordinances, Chapter 10: Beachfront Management and Construction.. Chapter 10 addresses Beachfront Construction Certificates which are required by state statue for construction activities to protect the public's right of access to and along Gulf of Mexico Beaches. The Beachfront Construction area is generally located between mean high tide and the first paralleling public road or 1,000 feet landward of mean high tide, whichever is greater. There are two exceptions where a Beachfront Construction Certificate is not required: Mustang Island State Park; and the Padre Island National Seashore. Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 1 Chapter 10 also addresses protection of the beach dune system through the Dune Protection Permit. The City has been granted the authority to issue Dune Protection Permits in Kleberg County but Nueces County has not granted Dune Protection Permit authority to the City within Nueces County. However, Chapter 10 is constructed to automatically accommodate Dune Protection Permit authority should Nueces County authorize the City of Corpus Christi to issue Dune Protection Permits in Nueces County. The Dune Protection Permit area is an area that is 1,000 feet landward of mean high tide, except for the area adjacent to the North Padre Island sea wall. Adjacent to the seawall, the Dune Permit area is between mean high tide and the "toe" of the seawall. A Dune Protection Permit is not required for either Mustang Island State Park or the Padre Island National Seashore. In order to develop the Erosion Response Plan, the Texas General Land Office (GLO), Nueces County and City Staff compiled a work plan and subsequently obtained a GLO grant. The City provided an in -kind match consisting of mapping, research, formulating the ERP and other tasks necessary for developing the ERP. The primary reason for completing an Erosion Response Plan (ERP) is to reduce future storm damage and to protect public access to the Gulf Beach for future generations. An important secondary reason for completing a local ERP is so that the City and County will continue to be eligible for Texas General Land Office CEPRA grants. A criterion for the award of future grants is that the city must have an Erosion Response Plan approved by the Texas General Land Office. Texas Administrative Code 15.41 contains a two stage evaluation process for Coastal Erosion Studies and Projects with the second stage establishing whether a "...local government has implemented an Erosion Response Plan for reducing public expenditures due to erosion and storm damage losses." The essential elements that are included in this Erosion Response Plan (ERP), per the work plan developed by the GLO and the City, include the following: • A construction setback line landward of the Line of Vegetation (LOV); • Criteria for establishing the setback line; • Criteria for construction within the setback area; • Allowances for exemptions to the setback criteria for existing structures or where there is no practicable alternative; • Conditions for construction of exempt structures; • An inventory of all existing and proposed public beach access amenities and access ways; • Procedures for preserving and enhancing the public's right of access to and use of the public beach after a storm event; • Post storm damage assessment and requirements for rehabilitation; Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 2 • Procedures for preserving, restoring and enhancing critical sand dunes for natural storm protection; • Requirement for public input and public meetings prior to City Council action; • Criteria for voluntary acquisition of property seaward of the building setback line; and • Ensuring the City's Chapter 10 Beachfront Management and Construction code or any other City codes are changed for consistency with the Erosion Response Plan. Creation of this plan required the City and the County to review the Bureau of Economic Geology's (BEG) 2007 erosion rates for consistency with the most recent natural or manmade beach erosion trends. The BEG's Erosion Rates for the area used by the GLO are based on data collected since 1937, a study period of 70 years. As part of this review staff obtained scientific assistance from local, state and national experts and or studies of sea level rise and coastal erosion. Historical Conversion of Agriculture Island Usage to Urbanization and the Impact on Island Erosion Land use on North Padre and Mustang Island prior to 1950 was for livestock grazing. From 1950 to 1971 land use went to development and recreation, first with the Nueces County portion of Padre Island in 1950, Mustang Island in 1968 and Kleberg County in 1971.1 With this change of use the area of un- vegetated (active) dunes went from 6,732 acres to 614 acres. 2 Significant primary and foredune ridges were established on North Padre Island between Bob Hall Pier and White Cap Blvd and on Mustang Island between the current Packery Channel and the Mustang Island State Park Fish Pass. 1 Small scale grazing still exists on Mustang Island 2 Land and Water resources, historical changes, and dune criticality: Mustang & North Padre Islands. White et al 1978 University of Texas BEG Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 3 Figure 1: Bob Hall Pier to White Cap 1948, sand flats with coppice dunes mom • Fure 2: Bob Hall Pier to Whitecap Blvd. 2009 Aerial with 2005 Lidar Topography Light green line 12' contour, green line 15' contour, yellow line 18' contour Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 4 !i �S�£8`iStf7 Figure 3: Mustang Island Packery Channel to Fish Pass 1938, Primarily San Flats Figure 4: Mustang Island, Packery Channel to the Fish Pass 2009, Primarily Dunes Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 5 11. Setback Line Determination A key finding of this plan is the determination of the setback line. The setback line is measured from the line of vegetation on the beach landward to a specified point which will become known as the Erosion Response Plan Setback Line. The purpose of the setback line is to minimize storm damage to structures on the island by preserving the area seaward of the Setback Line and minimizing the number of structures in the area. The plan is also intended to target for improvement, those foredune areas where the dune system is narrow or contains the lowest elevation of dunes, providing little protection against storm surge. II.A. Setback Line Goals • Minimize future erosion, storm and flood losses; • Allow development to occur while providing sufficient seaward lands to accommodate public access along the gulf beach; • Preserve dune system width to sustain the existing and future critical dune system; • Identify criteria, uses and structures where no practicable alternative exists for construction seaward of the setback line. II.B. Assessment of Erosion Rates The criteria for establishing the setback line is based on scientific studies of the shoreline erosion along the Texas Coastline based during the last 70 years (Bureau of Economic Geology). State law provides that a determination of erosion rates shall be based on the University of Texas at Austin, Bureau of Economic Geology (BEG) or other sources approved by the Texas General Land Office. Along the Texas Coast the highest erosion rate by county is -2.80 meters or -9.19 feet per year in Jefferson County . The lowest average rate on the Texas Coast is -.28 meters or -0.92 feet per year for Nueces County. In Kleberg County the erosion rate is -0.54 meters or - 1.77 feet per year. Figure 5: Erosion Rates Comparison Shoreline Trend! Erosion Rates (Ft/Yr) Mean Shoreline Change %of (average of all Coast Coast transects in ft/yr)', Eroding Max Mean Accreting Max Mean ecreation Rates ; Ft/Yr) Texas Shoreline (1850`s 2 ) -2.3 64 -30.2 -5 9 3S 48e8 3 Mustang island (inside Corpus Christ City L■rmts) -0.4 96.7 -4e4 -0A Borth Padre Island (ICL/ OCL) 2e6 96.7 Note: Erosion rate information for Mustang and North Padre Island is from the Bureau of Economic Geology, 2007 Erosion Rates. Mustang ls. the area north of Puckery Channel. North Padre is. includes Nuece County and Kleberg County Areas in the City and ETJ. Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 6 Figure 5 is an adaptation from the State Erosion Response Plan modified to include a summary of Mustang Island and North Padre Island erosion and accretion rates. An analysis of the shoreline erosion rates (BEG 2007) indicates that over 90% of the gulf shoreline in the City and its Extraterritorial Jurisdiction is eroding compared with 64% of the Texas Gulf Coast. However, the average erosion rate on Mustang Island at -0.4 is significantly less than the average rate of -2.3 feet per year for the Texas Coast. The following is a brief summary of the Bureau of Economic Geology's erosion rates depicted on 20 map exhibits in Appendix 2: Dune Assessment and Mitigation Maps. II.B.1. Exhibits 1 thru 7: Starting with the southern portion of the study area, Exhibits 1 thru 7 are located in Kleberg County with Exhibits 1 thru 4 encompassing a portion of the Padre Island National Seashore. Overall, Exhibits 1 thru 7 show a gradually increasing erosion rate in a south to north direction along the public beach. The most southerly point in Exhibit 1 shows the highest accretion rate in the first seven Exhibits with a change rate of +0.71 feet per year. Exhibit 1 also is the only exhibit in the study area with more accretion change rates than erosion change rates. However, erosion begins to dominate change rates starting with Exhibit 2 and continuing to Exhibit 7. Erosion rates gradually increase proceeding northward to a point in Exhibit 7 where erosion is over -4 feet per year. II.B.2. Exhibits 8 and 9: Exhibits 8 and 9 are located immediately south of the Kleberg and Nueces County Line. Erosion rates quickly increase to the -5 and -6.5 foot plus range. However, erosion rates begin to creep back downward at the northern end of Exhibit 9, where rates fall under -6 feet per year. II.B.3. Exhibits 10 thru 12: Exhibits 10 thru 12 encompass beaches abutting Padre Balli Park (Exhibit 10), the Padre Island Sea Wall (Exhibit 11 and 12), and Packery Channel / State land leased to the City (Exhibit 12). Erosion rates are generally in the -4 and -5 foot range with a few exceptions. The Erosion Rates published by the Bureau of Economic Geology for the areas on either side of Packery Channel do not take into account the 2003 construction of Packery Channel jetties. Recent studies of the area suggest that erosion south and north of the jetty has been reduced or even changed to an accreting beach. The City is monitoring beach erosion in the area and recent aerial photos of the jetties also depict accumulation of beach sand. II.B.4. Exhibits 13 thru 17: County park land is located in Exhibit 13 and Mustang Island State Park beaches appear in Exhibits 14 thru 17. Except for 0.25 miles on either side of the Fish Pass in Exhibit 16 showing accretion rates, the beaches in this area are eroding. Erosion rates north of the Fish Pass increase significantly from a low near the Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 7 Fish Pass of -0.17 feet per year to -1.94 feet per year at the north end of Mustang Island State Park. II.B.5. Exhibits 18 thru 20: For Exhibits 18 thru 20 on Mustang Island, the erosion /accretion rates fluctuate from -1.0 to 1.5 feet per year. However, there are a few exceptions located on the northern edge of the study area (Exhibit 20) which exceed -1.5 feet with a maximum rate of -2.32 feet per year. II.C. Projected Shoreline The map exhibits in Appendix 2, contain the Bureau of Economic Geology's projected 2060 shoreline that incorporates predicted erosion rates and sea level rise data. Each of these data items provides an indicator of future change along the shoreline based on scientific data and begins to paint a picture of the future of the shoreline in terms of factual, measurable and quantitative data. For additional information, see the Texas Erosion Response Plan located on the Texas General Land Office website: http: / /www.glo. texas .gov /what -we -do /caring - for -the- coast/ documents / coastal - erosion /response - plans. 11.0. Foredune Ridge Assessment Figure 6: Beach Dune System 6yg icd cross s ilddn5 of a Num Wog Wand A ctuot cond%C r4 t° ay ` ty, While many factors impact the viability and strength of the dune system, this study addresses the minimum desired height, width and vegetative cover of the foredune ridge in the dune system and the minimum desired beach width. Studies have shown that a foredune ridge of approximately ten feet in height offers significant protection to beachfront construction.3 In a study prepared in 2009 for the Texas General Land Office (TGLO), one of the conclusions was that damage to beachfront construction will be minimal where there is a ten foot high foredune ridge with a 3 "Defining and Mapping Foredunes, the Line of Vegetation, and Shorelines along the Texas Gulf Coast ", James C. Gibeaut, Harte Research Institute for Gulf of Mexico Studies, Texas A & M University- Corpus Christi and Tiffany L. Caudle, Bureau of Economic Geology, Jackson School of Geosciences, The University of Texas at Austin. Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 8 width of approximately 200 feet. Figure 6, taken from the TGL04 Dune Protection and Improvement Manual, illustrates a typical cross section of the dune system on the Texas coast. The barrier island, and in particular the near shore beach is the first line of defense and the foredune ridge is the second line of defense from the impact of a hurricane and associated storm surge. Figure 7: Washover Damage to the Dune System Figure 8: Hurricane Ike Dune Erosion Regarding beach width, a wide beach can keep the storm waters or storm surge from cutting away the base of the dune system. After Hurricane Ike in 2008, there was a clear shearing away of coppice mounds to the Line of Vegetation (LOV). 4 Texas General Land Office Dune Protection and Improvement Manual for the Texas Gulf Coast, Fifth Ed., page 4. Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 9 The beach typically will act as a buffer where sediment can be deposited and the wind can then transport the sediment toward the dune system. Where the beach has eroded away and is very narrow, normal wave action can erode away the base of the foredune ridge much like a sand castle on the beach is washed away with an incoming tide. Figure 9: Blowing Wind Eroding the Dune System Vegetative cover holds the dune system in place. Where the dune system contains less than 75% coverage, the dune system is much more susceptible to creation of a "blow out" from high winds. Figure 9, from the GLO Dune Protection and Improvement Manual helps to illustrate how a sparsely vegetated dune is eroding by coastal winds. Healthy dune vegetation helps to protect dunes, by catching blowing sand and creates biological diversity. The following is a brief description of the height, width and vegetative coverage characteristics of the foredune ridge illustrated on Exhibits 1 thru 20. Aerial photos or field surveys where used to assess dune vegetative coverage.5 11.D.1. Exhibits 1 thru 7: Exhibits 1 thru 7 show a nearly continuous line of dunes of 15 to 20 foot in height exist. The width of the dune system varies widely but is generally at least 200 to 400 feet or more in width. 11.D.2. Exhibits 8 and 9: Dunes in Exhibits 8 and 9 are characterized by dune heights of 8 to 15 feet with an occasional dune of 20 feet in height. The width of the foredune ridge is approximately 200 to 300 feet in width and vegetative cover is over 75% or more based on 2009 aerial photos. 5Aerial photos were not available for Exhibits 1 and 2. 2003 aerial photos where used to evaluate vegetative cover for Exhibits 3 -9. 2009 Aerial photos where used to evaluate vegetative cover in the dune system for Exhibits 10 -20. Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 10 11.0.3. Exhibits 10 thru 12: Except for the area behind the Padre Island Sea Wall, the dune system is approximately 15 feet in height with a trend toward a taller and wider dune system in Exhibit 12. The width of the foredune ridge is in the 200 to 350 foot width range. Vegetative cover appears to be over 75% except in the dune mitigation area on the north side of Zahn Road. The dune mitigation area is part of a Dune Protection Permit for the Preserve at Mustang Island subdivision. Currently, the vegetative cover is approximately 50% and expected to fill in over the next year as part of the compliance for the existing Dune Protection Permit. 11.0.4. Exhibits 13 thru 17: Exhibits 13 - 17 encompass County Park land and Mustang Island State Park (Exhibits 14 -17). Two historical washout areas also exist, Newport Pass (Exhibit 13) and Corpus Christi Pass (Exhibit 14). The foredune ridge in these exhibits is not as continuously parallel with the line of vegetation as in Exhibits 1 -12. Exhibits 13 and 14 show a combination of dune heights from 8 to 20 feet in height with a foredune ridge of approximately 350 feet wide. A varying pattern in the foredune ridge can be observed in Exhibits 14 thru 17 with isolated 15 and 20 foot high dunes. In several areas a line of 15 to 20 foot high dunes have migrating in a finger like pattern to the west. North of the Fish Pass in Exhibits 16 and 17 the foredune ridge appears to grow in height with a slightly more defined 200 to 250 wide foredune ridge parallel with the Line of Vegetation. Vegetative cover appears to be nearly continuous at 75% coverage or more. 11.0.5. Exhibits 18 thru 20: Exhibits 18 through 20 encompass private lands north of Mustang Island State Park. The foredune ridge is characterized by a shorter dune system in the south half of Exhibit 18 with dunes of about 8 to 10 feet in height with several isolated taller 15 to 20 foot dunes. About mid -point in Exhibit 18 the dune heights increase to 15 to 20 feet in height and continue thru Exhibits 19 and 20. The width of the Foredune Ridge appears less defined but ranging from 200 feet to 400 feet in width. The Foredune Ridge is not continuous, but contains several gaps or breaks with shorter dune heights. Vegetative cover appears to be 90 to 100% excluding areas of development. II.E. Federal Emergency Management Agency (FEMA) and the National Oceanic and Atmospheric Administration (NOAA) The Federal Emergency Management Agency (FEMA) flood zone determination maps indicate that the foredune ridge is located in a Velocity Zone 14 (Elevation 14 feet). A velocity zone is an area predicted by FEMA, to contain high velocity flowing flood water during a major storm event. Within a V -Zone along the Gulf Beach the minimum designated structural height, measured from the lowest horizontal structural member, is 14 feet above mean sea level. Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 11 Other factors to consider when assessing the risk to development in island areas are the potential impact from hurricane storm surge and sea level rise. Studies of storm surge by NOAA show that predicting storm surge is a complex series of factors dependent on a particular location. The wave height of a hurricane storm surge is sensitive to the "slightest changes in storm intensity, forward speed, size (radius of maximum winds -RMW), angle of approach to the coast, central pressure (minimal contribution in comparison to the wind), and the shape and characteristics of coastal features such as bays and estuaries." However, one key factor is the width and slope of the continental shelf, which can double the size of a storm surge depending on the location. For example, an 8 or 9 foot storm surge where the continental shelf drops off quickly like Miami Beach, Florida could translate to a 20 feet high storm surge along the Louisiana coastline where there is a very wide and shallow continental shelf. One of the characteristics of Mustang and North Padre Island is a moderately sloping drop off that could magnify the storm surge height.6 0.00 - 0.200 NOFIR Verified tea r L i Piot 8775870 Carpus Christi. T From 1991/12/29 - 207 05/93 09/96 /Time d OdL Figure 10: Water Levels at Bob Hall Pier 1992 - 2012 6NOAA, National Hurricane Center, Storm Surge Overview: http: / /www.nhc.noaa.gov /surge/ Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 12 0 6 Padre Island, TX 3.48 +1- 0.75 mmlyr Monthly mean sea level with the average seasonal cycle removed 0.45- - Linear trend Upper 95% confidence internal Lower 95 confidence interval 0.15— - tro t 0.00 -0.15— Source: NOAA Figure 11: Bob Hall Pier Sea Level 1958 - 2006 The major findings of this study concerning the foredune ridge are: • That a foredune ridge of at least 10 feet in height and 200 feet in width offers substantial protection from storm losses; • That FEMA requires a minimum base flood elevation for structures of 13 to 14 feet in the V -Zones within the foredune ridge on Mustang and North Padre Island; • That a moderately sloping continental shelf contributes to storm surge height; and • That there is a 47 year historical trend of sea level rise of approximately 1.14 feet per 100 years. Based on these findings, this plan establishes the minimum design criteria for a dune system as a dune system with a foredune ridge height of 14 feet mean sea level (msl) and a minimum desirable width of the dune system of 350 feet with at least 50% vegetative coverage. This criteria is defined as having been achieved if within any 100 foot segment, measured linearly along the public beach, there are dunes of the prescribed height, the dune system contains the required width, and the dune system is at least 50% vegetated. Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 13 Studies have shown that natural washouts provide a valuable function to allow flood waters to flow past the dune system or to allow flood waters to recede back out to the ocean. Where it can be demonstrated that an area's lack of a dune system meeting minimums for height, width and vegetative cover are due to the area being part of a natural washout, the area will not be targeted for mitigation. Primary historical washouts were located between the north Jetty and the current Packery channel. A 3,000' washover area existed from the beginning at the north Jetty of the Fish Path and running south 9,000' from the Packery Channel north and a 900' wash beginning 12,500' north of the Packery Channel. (See Figure 14) Figure 12: 2007 Aerial Photo Overlaid with a 1948 Aerial Photo II.F. Line of Vegetation (LOV) The beach setback line in Nueces and Kleberg Counties within the Corpus Christi jurisdiction shall use the Line of Vegetation (LOV) obtained from the most current available registered aerial photos. For purposes of this study, 2003 and 2009 aerial Mapping and Characterization of Significant Washover Features: Texas Gulf Shoreline, Kimberly K. McKenna, P.G., Final Report of the Texas General Land Office, August 2007. Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 14 photos have been used to delineate the Line of Vegetation for planning purposes. The LOV used in the ERP cannot be used for permit applications for construction. II.G. Building Setback Line (SBL) A 350 foot Building Setback is established by this plan to reduce future storm damage to public and private properties. The 350 foot Building Setback Line shall be measured landward of the Line of Vegetation but shall not extend beyond the 1,000 foot Dune Protection Line. In addition, the setback line shall not apply to exempted areas or landward of the toe of the seawall on North Padre Island. II.H. Useable Public Beach Sea level rise on the Gulf Mexico over the last 20 years has been estimated to be 1.6 millimeters per year for a total sea level rise of 32 millimeters or 1.2598 inches. 8Given the prediction of continued sea level rise and erosion of the public gulf beach, a minimum desired standard for public beach width is also established by this plan. Establishing the criteria for what is the public beach is also addressed in Gibeaut and Caudle's study9. According to the study, the useable portion of the public beach can generally be defined as that area between the Line of Vegetation'° and the wet/dry line of the aerial photography. Many studies" note that a wide beach in addition to a healthy dune system provides protection from erosion caused by seasonal high tide and storm surge events. Using 2009 aerial photos for Nueces County and 2003 aerial photos for Kleberg County, a visual determination of the Line of Vegetation and the wet /dry line has been used to establish the area of useable beach on North Padre Island and Mustang Island. This determination is for planning purposes only and shall not be used for issuance of Beachfront Construction Certificates or Dune Permits. In the study area the average width of the public beach, measured between the line of vegetation and wet /dry line, on Mustang Island is 126 feet wide (North of State Park 89 feet) and on North Padre Island is 117 feet wide (Nueces County only). For purposes of assessment of the beach, a minimum desirable beach width to protect the foredune ridge shall be at least 100 feet in width measured from the wet /dry line to the line of vegetation. It is noted however, that the minimum width established by this plan will not be used as a standard to allow mitigation and 8 Sea level history of the northern Gulf of Mexico coast and sea level rise scenarios for the near future, Department of Earth, Ocean and Atmospheric Science, Florida State University, Tallahassee, FL 32306, USA, Joseph F. Donoghue 9 Defining and Mapping Foredunes, the Line of Vegetation, and Shorelines along the Texas Gulf Coast James C. Gibeaut, Harte Research Institute for Gulf of Mexico Studies, Texas A &M University - Corpus Christi, Tiffany L. Caudle, Bureau of Economic Geology, Jackson School of Geosciences, The University of Texas at Austin, 2009. 10 Line of Vegetation - The extreme seaward boundary of natural vegetation which spreads continuously inland. The line of vegetation is typically used to determine the landward extent of the public beach. Title 31. Natural Resources and Conservation Part 1.Chapter 15.Subchapter A.15.2(41) 11 Shore Protection Manual Volume 1, Engineering Research Center, USACE 1984. Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 15 placement of beach maintenance materials in a method that will minimize the public beach easement. The minimum width standard will be used to assess areas where the beach has narrowed due to erosion and will assist the City in prioritizing areas where beach renourishment may be needed to widen the beach. III. New Construction Guidelines To the maximum extent practicable, all structures should be constructed landward of the building setback line. Construction of structures landward of the building setback line must comply with mitigation sequence requirements for avoidance and minimization of effects on dunes and dune vegetation as specified in Texas Administrative Code (TAC) §15.4(f) Mitigation. The permittee is not exempt from compliance with compensatory mitigation requirements for unavoidable adverse effects on dunes and dune vegetation. III.A. New Residential or Commercial Structures. Require new residential dwellings or commercial structures to be located at least 350 feet landward from the Line of Vegetation unless no practicable development alternatives are possible; III.B. Restrict New Development Landward 200 feet to 350 feet. Restrict new development in the area between 350 and 200 feet landward of the Line of Vegetation to recreational amenities such as pools and picnic areas. In any case, applicants must demonstrate that every attempt has been made to minimize the use of impervious surfaces in this zone. III.C. Community Benefit Projects. Application of these guidelines shall not prohibit public community benefit projects, including, but not limited to, water exchange passes, beach renourishment projects, recreational structures, or other projects in the public interest. 111.0. Exempt Projects and Properties. Dune walkovers, beach access roadways, public parking and associated public facilities shall be constructed in accordance with the GLO construction guidelines, to the extent applicable. The City of Corpus Christi and Nueces County shall consider exemptions from the prohibition of residential and commercial construction seaward of the setback line for: III.D.1.Properties Where There Is No Practicable Alternative Properties for which the owner has demonstrated to the satisfaction of the City and County that no practicable alternatives to construction seaward of the building setback line exist. For purposes of this section, practicable means available and capable of being done after taking into consideration existing building practices, site alternatives, and the footprint of the structure in relation to the area of the buildable portion of the lot, and considering the overall development scheme for the property. Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 16 III.D.2.Pre- existing Permits, Certificates or Master Plan Developments Projects for which construction is permitted, in the area seaward of the 350' Building Setback, under a Dune Permit, Beachfront Construction Certificate or Master Plan Development prior to the effective date of this Erosion Response Plan are exempt if there are no material changes to the site and provided the permit, certificate or Master Plan has not expired. 111.0.3 Existing Structures Structures located seaward of the building setback line prior to the effective date of this section for which modifications are sought that do not increase the footprint of the structure. However, structures seaward of the building setback line that are damaged more than 50% or abandoned for a period of more than 12 months should be subject to Section III.E. Construction Requirements for Exempt Properties. III.E. Construction Requirements for Exempt Properties Where the City allows an exemption from the prohibition for building seaward of the building setback line, the City will require the following conditions of construction or provide a reasoned justification for a variance from the minimal standards that will demonstrate that the provisions will reduce public expenditures due to erosion and storm damage. III.E.1.Sealed Plans. Plans and certifications for the structure shall be sealed by a registered professional engineer licensed in the State of Texas, providing evidence of the following: III.E.1.i. Freeboard. A minimum of two -foot freeboard above FEMA's BFE to the finished floor elevation of the lowest habitable floor; III.E.1.ii. Enclosures. No enclosures exceeding 300 square feet below BFE; III.E.1.iii.Design Standards. Consistency with the latest edition of specifications outlined in American Society of Civil Engineers, Structural Engineering Institute, Flood Resistant Design and Construction, ASCE 24- 05 III.E.1.iv. Relocateable Structures. That habitable structures will be feasible to relocate; and III.E.1.v. Hydrology. All construction shall be designed to minimize impacts to natural hydrology. III.E.2. Location of Construction. Location of all construction should be landward of the landward toe of the foredune ridge and as far landward as practicable. Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 17 IV. Goals for Enhancement of the Dune System and Beach IV.A. Dune Goals Promote the formation of a continuous foredune ridge of at least 14 feet in height, with a minimum width of 350 feet wide measured perpendicular to the gulf beach and which contains at least 50% of vegetative cover. The methods used to achieve this goal will be determined by City and County beach maintenance operations on a case by case basis depending on various factors, including but not limited to, the current width of the dune system, access to the dune system (beach only or back access), beach width, and other appropriate on site criteria. The current methods of disposing of seaweed include: front stacking, back stacking and placement of seaweed in beach maintenance material storage areas. As new techniques for addressing seaweed maintenance evolve the City and County shall evaluate their potential use, benefits and limitations and incorporated these new techniques as appropriate. IV.B. Beach Goals Recognizing that the public beach is the first line of defense against storm surge, any efforts to widen the public beach should be promoted to reduce storm damage and to enhance public beach access. The minimum desirable width of the public beach should be at least 100 feet in width from the Line of Vegetation seaward to mean high tide. IV.B.1. Minimum Two -Way Travel Motor vehicles are not allowed to operate within 50 of the waters edge of any gulf beach and the minimum two -way travel width for motor vehicles is 24 feet provided that the two -way travel lanes are not within 20 feet of the Line of Vegetation. IV.B.2. Corp of Engineers Permit. Beach cleaning methods shall be in accordance with a Corp of Engineers Permit and use the least impactive method for removal of seaweed in order to prevent the grading down of the public beach and or narrowing of the public beach. Wherever possible, the City and County will seek permits that are as similar as possible. In addition, the ability to place sand below mean high tide, to widen the beach, should be pursued by the City and County in their respective permits. IV.B.3. Low Beach Usage Areas. Maintaining the public beach in a natural state without mechanized beach cleaning is encouraged in areas of low usage. The public goal for these areas should be to keep two travel lanes open for beach access. Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 18 IV.B.4. Periodic Beach Width Assessment. The City should conduct an assessment of the public beach width at least every five years unless there is evidence of significant erosion then annual assessment maybe necessary. Portions of the public beach that currently warrant an annual assessment include the beach in front of the seawall and the beach between the Packery Channel and the State Park. IV.C. Vegetation Goals (Seaward of the Setback Line) Mowing / cutting of vegetation within the setback area will not be allowed except for exempt areas. For mitigation projects requiring revegetation appropriate dune vegetation includes: IV.C.1. Seaward Face of Dunes: Bitter Panicum (grass), Sea Oats (grass), Marsh Hay Cordgrass (grass), beach morning glory (vine) and seagrapes (vine). IV.C.2. Landward side of dunes: Low - growing plants and shrubs found on the back side of the dunes include seacoast bluestem, cucumber leaf sunflower, rose ring gallardia, partridge pea, prickly pear, and lantana. Many of these are flowering plants, an attractive alternative to dune grasses though less effective as dune stabilizers.14 IV.C.3. Native Hay: A sometimes more effective technique is to place a layer of native hay, composed of the above listed dune vegetation, on bare sand areas. This technique provides immediate protection from blowing sand and will start the natural process of re- seeding from the seeds in the hay. The best time to cut the hay and place the layer of hay is in the fall and winter. This technique is generally less costly and more effective than traditional methods since the grass is readily available on the island and due to the large quantity of seeds compared to individual hand plantings. IV.D. Sand Fencing Encourage the use of sand fencing, in limited applications, to build up the dunes were revegetation alone is unlikely to be sufficient to create the appropriate height and width of the dune system. Sand fencing should be used as a first step toward building up low areas and creating coppice dunes, prior to revegetation. V. Mitigation V.A. Definition of Mitigation Mitigation may be any construction project which either enhances the dune system or beach access, consistent with this plan. 14 Coastal Dunes: Dune Protection and Improvement Manual for the Texas Gulf Coast. Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 19 V.B. Scope of Mitigation Mitigation construction projects will usually result in the enhancement or building up of the dune system. However, a mitigation project may also be for enhancement of public beach access or to provide public education benefits concerning proper care of the public beach, i.e., litter pick -up, proper disposal of fishing bait, information on protecting wildlife and native habitats contained in the beach /dune system or other beneficial projects which meet to goals of the Erosion Response Plan. V.C. Mitigation Location A mitigation construction project shall be located within the 1,000 foot Dune Protection Area except where a mitigation project will enhance public access, then the limits of the project may extend to the first paralleling public road. V.D. Dune System - Mitigation Prioritization An assessment of the beach / dune system was based on on -site inspections, local historical knowledge, and the data contained on the Exhibits in this plan (contours, 2009 aerial photos, etc.). V.D.1. Mitigation Prioritization. Opportunities for mitigation to enhance the dune system or public beach are prioritized based on the following criteria. Priority 1: Protection of existing development seaward of the erosion area line. Priority 2. Protection of existing vacant platted lots located seaward of the erosion area line. Priority 3. Protection of existing development landward of the erosion area line. Priority 4. Protection of existing vacant lots platted landward of the erosion area line. V.D.2. Beach / Dune System Criteria. Under these four priorities the dune system has been evaluated to look for portions of the dune system where the foredune ridge is: • Is less than 14 feet in height15; • Is less than 350 feet wide; • Contains less than 50% vegetated coverage; • Is not a historical washover area. In addition, a primary concern is where the Gulf beach is narrower than 100 feet measured from the mean high tide to the Line of Vegetation. Appendix 2 identifies areas for dune enhancement based on the above criteria. 15 Fourteen feet exceeds 75% of the FEMA Base Floor Elevation Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 20 V.E. Funding for Dune Mitigation Projects The City will seek funding in partnership with Nueces County or other agencies to promote protection of or enhancement of the dune system within the City's area of jurisdiction. (Nueces County inside city limits and Kleberg County inside city limits and in the Five Mile Extraterritorial Jurisdiction) The City will pursue grants for Dune Mitigation Projects from the GLO or other state and federal agencies if local matching funds can be identified. VI. Enhancement of Public Beach Access VI.A. Existing Public Beach Access Inventory Within Corpus Christi's Beachfront Construction Certificate authority and the Nueces County's Dune Permitting authority there are 12 existing public beach access roads and three (3) beach parking lots. (See Appendix 3) These beach access points are composed of: VI.A. 1. City Owned Public Beach Access Four (4) City owned /maintained public beach access roads and, one (1) beach parking lot on the Padre Island Seawall • Beach Access Road 2 is located 7.3 miles south of City of Port Aransas Beach Access Road 1A on Mustang Island • Zahn Road, is located 1.2 miles south of Newport Pass Road on the north side of Packery Channel • Beach Access Road 3 -A is located on the south side of Packery Channel via Windward Drive • Whitecap Boulevard is located 0.8 miles south of Beach Access Road #3 -A at the south end of the concrete seawall on North Padre Island • The Sea Wall Beach Parking Lot is located between Beach Access Road #3- A and Whitecap Boulevard on North Padre Island VI.A.2. County Owned Public Beach Access. Five (5) County owned /maintained public beach access roads and, one (1) beach parking lot at Padre Balli Park • Newport Pass Beach Access Road is located 1 mile south of Mustang Island State Park Beach Access Road 3 on Mustang Island • Beach Access Road 4 is located 0.3 miles south of Whitecap Boulevard on North Padre Island, within Padre Balli Park • Beach Access Road 5 is located 0.4 miles south of Beach Access Road #4 on North Padre Island, within Padre Balli Park • Padre Balli Park entrance road is located 0.3 miles south of Beach Access Road Five on North Padre Island • Beach Access Road 6 is located 0.4 miles south of the Padre Balli Park entrance road on North Padre Island, within Padre Balli Park Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 21 • Padre Balli Beach Parking Lot is located between the Padre Balli Park entrance road and Beach Access Road #6 on North Padre Island VI.A.3. State Owned Public Beach Access. Two (2) State owned/ maintained public beach access roads and one beach parking lot are located on Mustang Island State Park • Mustang Island State Park Entrance Road is located 206 miles south of Beach Access Road 2 on Mustang Island and terminates at beach parking lot. • Beach Access Road 3 is located 2.2 miles south of the Mustang Island State Park entrance on Mustang Island VI.A.4. Federally Owned Public Beach Access. One (1)Federally owned /maintained beach access road is located on North Padre Island and is located 7.5 miles south of Beach Access Road #6 in Padre Balli Park. VI.B. Existing Standard for Access along the Public Beach For the foreseeable future the County and the City have no intention of closing any public beach access roadways. However, temporary closure of public beach access is allowed for the purpose of protecting the public during times of seasonal high tides, proceeding landfall of a tropical storm or during times of any other public emergency where travel on the public beach presents a public risk. By Chapter 10 of the City Code the public beach is safely passable if there is sufficient room for two travel lanes and provided that the travel lanes cannot be closer to mean high tide than 50 feet and not closer to the Line of Vegetation than 25 feet. VI.C. Beach Access Road Assessment VI.C.1. Beach Access Road #2 Beach Access Road #2 is located approximately 7.2 miles south of Beach Access Road 1A in the City of Port Aransas. Beach Access Road #2 connects directly with State Highway 361 and the gulf beach for a total length of approximately 1,450 feet. The road contains asphalt pavement with a width of 20 -24 feet and 5 foot to 8 foot wide gravel shoulders. There is a slight rise in elevation of the roadway cresting approximately 300 feet landward of the public beach. The roadway then gradually slopes to its terminus at the Gulf Beach. The slight elevation of Beach Access Road #2 at its approach to the beach provides protection to inland properties during a storm surge. Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 22 Figure 13: Beach Access Road 2 on Mustang Island mmomo Figure 14: Beach Access Road 2, Seaward View Near State Highway 361 Beach Access Road 2 does not contain a GLO recommended "switch back" that turns away from the prevailing winds at the approach to the beach. If the roadway were improved with the necessary turn away from prevailing winds, the Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 23 accumulation of sand in the roadway would be reduced. Vacant privately owned properties are located on either side of Beach Access Road #2, which when platted may allow the realignment of the roadway to include a small switchback. The construction of the switch back may require public grant funding with a local match. 1 Map Figure 15: Mustang Island State Park Entrance, Google Aerial VI.C.2 Mustang Island Park Entrance Road Mustang Island Park Entrance Road connects State Highway 361 with a beach parking lot. The entrance road has a length of approximately 0.30 miles and a width of 22 feet with several pull out parking areas along its length. The roadway also connects with an Recreation Vehicle Park. The roadways contains a switch back but does not have a raised speed hump elevation for storm surge protection at the approach to the beach. The entrance roadway is owned and maintained by the state and is exempt from the Erosion Reponses Plan. Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 24 cvn .r. vvvppn• map Gsake. neyu.c a Nrvwe.n Figure 16: Beach Access Road 3, Mustang Island State Park VI.C.3 Beach Access Road 3 Beach Access Road 3 is located on Mustang Island State Park and connects State Highway 361 with the gulf beach. Beach Access Road #3 is not subject to the Erosion Response Plan. The approximate length of the Beach Access Road #3 is 0.50 miles. The roadway consists of two travel asphalt lanes with a width of 20 to 24 feet, 5 to 8 foot wide gravel shoulders and roadside drainage. The roadway does not have the GLO recommended switch back alignment away from prevailing winds and does not have an "elevated hump" at the approach to the beach. Beach Access Road 3 is owned by the State of Texas and is exempt from the Erosion Response Plan. VI.C.4 Newport Pass Road Newport Pass Road connects with State Highway 361 and the gulf beach and is located approximately 1 mile south of Beach Access Road #3. The total length of the roadway is approximately 0.50 miles. The roadway is composed of asphalt pavement with a width of 20 feet for two travel lanes. The roadway contains two switch -backs consistent with GLO design guidelines. Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 25 .;;i1/rSAfB Figure 17: Newport Beach Access Road, Photos and Google Aerial While the roadway does not contain the GLO recommended roadway hump at the approach to the beach, there is a moderate elevation grade leveling off roughly 100 feet before connecting with the beach. Damage to the roadway from previous hurricanes and tropical storms has been minimal. The possibility of future damage to commercial or residential property adjacent to the roadway is negligible as the County owns all adjacent property. However, if the roadway sustains major storm damage in the future, the County would address a more prominent elevation similar to that of an exaggerated speed hump if funding were available. Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 26 VI.C.5 Zahn Road Figure 18: Zahn Road at Packery Channel, Google Aerial Figure 19: Zahn Road at Packery Channel Zahn Road is located approximately 1 mile south of Newport Pass Road and connects State Highway 361 to the beach. Roadway length is 950 feet with a right -of -way of 85 feet and two travel lanes. A five foot sidewalk is located on the northern edge of the right -of -way. The roadway does not have a GLO Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 27 recommended switchback or an elevated section near the approach to the beach. In the future, if the roadway is substantially damaged then an elevated section would be pursued if funds are available. Due to the adjacent residential subdivision and dune system, a realignment to include a switch back may not be feasible. VI.C.6 Beach Access Road 3A Figure 20: Beach Access Road 3A, Google Aerial Beach Access Road #3A on North Padre Island is located immediately south of the Packer Channel and connects with the gulf beach via Park Road 22, Whitecap Boulevard and Windward Drive. The approximate length of the Beach Access Road #3A is 0.14 miles or 750 feet. The roadway consists of two asphalt travel lanes with a width of 20 feet. The roadway alignment is generally consistent with GLO standards with a steep drop off within 100 feet of the beach. In addition, there is at least 10 feet of elevation from the beach landward to Beach Access Road 3A's connection with Windward Drive. Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 28 1 MIMI Figure 21: Beach Access Road 3A, Seaward View VI.C.7 Seawall Parking Lot Figure 22: Seawall Parking Lot The seawall parking lot was constructed in 2006 and contains approximately 300 parking spaces. Since construction the parking lot has been improved with several enhancements that include public restrooms, landscaping and an ADA beach access ramp from the seawall to the beach. Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 29 VI.C.8 Whitecap Boulevard Whitecap Boulevard on North Padre Island is located 0.85 miles south of the Beach Access Road 3A and connects the gulf beach with Windward Drive. The approximate length of the Whitecape Boulevard between the beach and Windward Drive is 1,100 feet. The roadway pavement consists of two asphalt travel lanes, parallel on street parking with a width of approximately 44 feet. The roadway contains curb and gutters with sidewalks on both sides of the street, ranging in width from 10 feet to five feet at the approach to the beach. The roadways length and alignment are generally consistent with GLO standards. The msl elevation at Windward Drive is 7 feet with a gradual slope to the sea level at the beach. In the event of storm damage, if funds are available, the City would reconstruct the roadway with an exaggerated speed hump at the approach to the beach per GLO design guidelines. Figure 23: Whitecap Boulevard, Google Aerial Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 30 1 MUM 1 Figure 24: Whitecap Boulevard, Seaward View VI.C.9 Beach Access Roads 4, 5, 6 and Padre Balli Park Entrance /Exit Road These access roads connect directly to State Highway Park Road 22, providing public access within the park along North Padre Island. (Figure 27) Figure 25: Beach Access Roads 4, 5, 6 and Padre Balli Park Entrance / Exit Road Beach Access Road 4 is located approximately 0.20 miles south of Whitecap Road and connects the beach with Park Road 22. Beach Access Road 4 is 0.5 miles in length and 24 feet in width and contains two travel lanes. Elif Road Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 31 intersects Beach Access Road 4 approximately 950 landward of the Gulf Beach to form a T- intersection. Beach Access Road 4 has a straight alignment without switchbacks but is oriented at an angle to the prevailing winds. Due to Beach Access Road 4's relatively flat grade and low elevation, if the roadway sustained major storm damage, then Nueces County would seek funding to address construction of a more prominent elevation and possibly a switchback consistent with GLO design guidelines. Figure 26: Beach Access Road 4, Seaward View at the Intersection of Elif Road VI.C.10 Beach Access Road 5 Beach Access Road 5 is located approximately 0.5 miles south of Beach Access Road 4 and also connects the beach with Park Road 22. The total length of the roadway is 0.4 miles and contains a width of 24 feet. The roadway is not consistent with GLO design guidelines for a switchback and an elevated hump at the approach to the beach. If Beach Access Road 5 sustained major storm damage, the county would seek funding to address construction of a more prominent elevation similar to that of Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 32 the exaggerated speed hump and some road realignment to ensure that its culminating point onto the beach was at more prominent angel to the prevailing wind direction. Because Beach Access Road 5 is within the Park, there are no impacts to private property. Figure 27: Beach Access Road 5, Seaward View VI.C.11 Padre Balli Park Entrance /Exit The Padre Balli Park Entrance /Exit is located approximately 0.28 miles south of Beach Access Road 5 and also connects the beach with Park Road 22. The total length of the roadway is 0.38 miles. The entrance and exists along this roadway are divided by a large median. The entrance and exit roadways are each 24 feet in width. As the park entrance, the roadways connects to the beach, beach parking facilities, RV Camping facilities, County Park Offices, and Bob Hall Pier. Reorientation of the access road would require major redesign of the park. Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 33 1 Figure 28: Padre Balli Park Entrance /Existing Road, Seaward View In order to deflect a direct storm surge a large grassy area has been highlighted in Figure 31 with the recommendation to create a large dune on this site. The unused grassy surface is 51,340 or about 1.1 acres. Dunes could be built on the area by placing sargassum seaweed from nearby beach areas. Figure 29: Padre Balli Park Entrance - Potential 1.1 Acre Dune Construction Site Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 34 VI.C.12 Beach Access Road 6 Beach Access Road 6 is located 0.45 miles south of the Padre Balli Park Entrance /Exit Road and is very near the southern most boundary of Padre Bailie Park. The roadway connects with Park Road 22 and has a total length of 0.4 miles and contains a switchback alignment but at its approach to the beach faces into the prevailing wind. While there is a gentle rise in elevation as the roadway approaches the beach, there is not the pronounced rise in road elevation suggested by GLO guidelines. Figure 30: Beach Access Road 6, Google Aerial Figure 31: Beach Access Road 6, Seaward View 1 Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 35 Terra. of Use VI.C.13 Padre Island National Sea Shore North Beach Access Road Padre Island National Sea Shore North Beach Access Road located 7.5 miles south of Beach Access Road 6. The roadway connects with Park Road 22 and has a total length of 0.42 miles and contains a switchback alignment but at its approach to the beach faces into the prevailing wind. The orientation of the roadway at the beach is facing into the wind and not consistent with GLO Guidelines. There is a gradual elevation up to the foredune ridge with a sloping drop off to the beach. The roadway is owned and maintained by the U.S. Park Service. Figure 32: Padre Island National Sea Shore North Beach Access Road VI.D. Recent Enhancements to Public Beach Access Recent city improvements to enhanced beach access include reconstruction of a portion of Zahn Road, beach renourishment in front of the seawall, the Padre Island Sea Wall Parking lot, resurfacing /sidewalk improvements to Whitecap Boulevard and Packery Channel recreational improvements. Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 36 VI.D.1 Zahn Road Improvements Zahn Road, located immediately north of Packery Channel, was reconstructed in 2009 as part of a development agreement between the developer of Tortuga Dunes Subdivision and the City. Total project costs for the City where approximately $1,291,538 and $523,837 for the developer. Improvements made to the street included: a gravel sidewalk along the northern edge of the roadway, resurfacing, etc. VI. D.2 Beach Qult Renourishment / Padre Island Seawall Figure 33: Beach Access Road Alignment As part of the Packery Channel Project, the beach in front of the Padre Island Sea Wall was renourished with a grant from the Texas General Land Office in 2003. The cost of the renourishment was $1.3 million. VI.D.3 Seawall Parking Lot A 300 space seawall parking lot was constructed in 2006. The parking lot is landscaped, contains an ADA access ramp from the sea wall to the beach and in 2008 public restrooms and outdoor showers were added to the facility. The cost of the parking lot, ADA access ramp and the restrooms was $1.2 million. VI.D.4 Whitecap Boulevard Resurfacing and Sidewalk Improvements In 2010, Whitecap Boulevard was resurfaced and curbs where repaired. The project also included a new 10 foot wide stamped concrete sidewalk from Windward Drive to the 200 foot Erosion Area Line Boundary. Seaward of the Erosion Area Boundary the existing five foot wide brick paver sidewalk was repaired and refurbished. The cost of the project was approximately $540,000. VI.D.5 Packery Channel Recreational Improvements The Packery Channel was constructed in 2002 -2005. The Packery Channel project was a 21.4 million dollar project to dredge a channel between the Laguna Madre and the Gulf of Mexico and to construct two 1,400 foot jetties. In addition, 1.1 million was spent to provide an access road, large car and trailer parking and two boat ramps. Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 37 Parking, overlooks, restroom facilities, ADA access ramps and a pavilion are planned for construction by 2014. Costs for these improvements are estimated to be approximately $4.8 million dollars. The City of Corpus Christi also has other significant costs associated with the beach including beach cleaning at an annual cost of over $700,000 per year, fire protection costs include the city newest Fire Station at the north end of Mustang Island State Park and police patrol for the beach area. VI.E. Priority for Beach Access Road Improvements The prioritization for beach access improvements should be based on: VI.E.1 Enhancing Public safety. VI.E.1.i Beach Access Road Spacing. Spacing of beach access roadways to allow quicker access to on beach emergencies — where beach access roadways are spaced at intervals of greater than 1 mile Signage at beach access points to warn the public of natural hazards, rip tides, etc. VI.E.1.ii Beach Access Road Realignment and Raised Humps. Improvements to protect the access and surrounding developed property from storm surge damage By realignment of the beach access in accord with GLO Guidelines; and by placing a raised hump in the roadway landward of the beach per GLO Guidelines. VI.E.1.iii Beach Renourishment. Beach Renourishment where the narrow width of the beach becomes a safety hazard and /or is less than 100 feet wide. VI.E.1.iv Beach Amenities. Amenities to benefit the general public's beach access experience at high use areas including public showers and restrooms landward of the public beachPackery Channel improvements for access to the channel walkway, outlooks, channel fishing amenities, etc. Based on the criteria above the following is a list of beach access improvements. VI.E.2. Short Term Goals (Three years or less) VI.E.1.i. New Beach Access Road on Mustang Island. Obtain right -of -way for a new beach access roadway north of Mustang Island State Park. Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 38 Currently there is a 7.3 mile distance between Beach Access Road 1 in City of Port Aransas and the Beach Access Road 2 in the City of Corpus Christi. VI.E.1.ii New Beach Access Road on North Padre Island. Obtain right -of- way for a new beach access roadway south of Access Road 6. Currently, there is 7.5 mile spacing between Beach Access Road 6 and the National Sea Shore Beach Access Roadway. VI.E.1.iii. Beach Monitoring. Continue monitoring of the beach at Packery Channel. VI.E.1.iv. Packery Channel. Packery Channel Improvements — parking, outlooks, restrooms, ADA access improvements, etc. VI.E.1.v. Corp of Engineers Permit for Beach Cleaning. Propose revisions to the existing Corp of Engineers permit for beach cleaning which allows widening of the beach by placement of beach sand seaward of mean high tide. VI.E.1.vi. Beach Bollards. Install beach bollards in front of the seawall to delineate vehicular and non - vehicular beach access areas. VI.E.3. Long Term Goals (greater than two years) VI.E.3.i. Construct New Beach Access Road on Mustang Island. Construct a new beach access roadway north of Beach Access Road 2 to reduce emergency response times to beach emergencies at the northern end of Mustang Island inside the City of Corpus Christi. VI.E.3.ii. Construct New Beach Access Road on North Padre Island. Construct a new beach access roadway south of Beach Access Road 6 to reduce emergency response times to beach emergencies between Beach Access Road 6 and the National Sea Shore Beach Access Roadway. VI.E.3.iii. Seawall Beach Renourishment. Renourishment of the beach in front of the Padre Island Seawall. VI.E.3.iv. Monitoring Mustang Island Beaches. Monitoring and renourishment of the beach north of Mustang Island State Park. VI.E3.v. Packery Channel Improvements. Packery Channel fishing and outlook amenities. VII. Acquisition of Property Seaward of Setback Line The City of Corpus Christi and Nueces County have developed criteria for identifying properties for voluntary acquisition of fee simple title or a lesser interest acquisition k y donation or potential purchase. These properties, which may have structures located entirely seaward of the building setback line, experience severe damage during storms, Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 39 impede the development of a natural dune system and restrict the use of the public beach. To be considered for acquisition, a structure must: • be entirely seaward of the building setback line, • impede beach access, • be more than 25% on the public beach, • affect hydrology as determined by a registered professional geologist/engineer licensed in the State of Texas, • deemed to be a hazard to health and safety, or • cause erosion of adjacent property. Property to be acquired will be prioritized based on the severity and amount of criteria met. Acquisition strategy will consist of: • acquisition by voluntary donation to the City or County, • identification of potential property, • negotiation of acquisition, • available funding including potential grants, • agreement execution, and • removal or relocation of structure. VIII. Post Storm Recovery Following the land fall of a hurricane, City staff will conduct the following measures to ensure public access to and use of the public beach. VIII.A. Inspections Conduct inspections of all designated beach access points to determine whether the public is able to access the beach. VIII.B. List Required Repairs Compile a list of required repairs and replacements, including but not limited to parking areas, pedestrian pathways, vehicular access ways, and signage. VIII.C. Repair Schedule Create schedules for public access area repairs and replacements based on local funding and grant requests. Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 40 Appendix 1: Packery Channel Development Plan Packery Channel Development Goal - to facilitate development of a world-class recreational destination on the Texas Gulf Coast. Development of the area will provide a significant economic stimulus to the island, the city, the region and Packery Channel Devetopment Plan Map RP AMR Pub* pArktes end access ie chwrrwel 404 Sohn aNtr, Putdk eccoss fresiwaernsi WO, Facifitiva with Amyricarm IrAh Olsatiatitth fA0A? AcCASAthAity as thelerteo$ makthmet46 Right Of Woy (RPM ter chemtel possible Future Skilfrela t fOO ree4 POITIler efredAid, diSp0110 area (Poitib1e tahrre deop1,017fM1471 Matt* area) BA -C. Ftrilire commercial and w City alavegopelent Deal ramp balky este possible 471110111 admialstratiorthiAtilh, and access read itt Pub.& beach r venciefs f „ Cons rvailort area 12. Cort044 dereaopmenf ger water dasfivit451 Liff s etflort 14, RAW Ffi'*ng let 15. Seewion with Aewrica.$ with ADA vrgess 14, Auhrik AxteSS .1.0...10g ADA 44c4.$4, CKERY CMINNEL the State of Texas. Development of the Packery Channel area (Packery Channel Development Plan, will be in a manner that is consistent with this Erosion Response Plan, Nueces County Dune Protection and Beach Access Regulations and all other applicable city, state and federal requirements. Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 41 Appendix 2: Dune Assessment and Mitigation Map Exhibits 1-20 Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 42 Appendix 3: Beach Access Assessment and Mitigation Map Exhibit 21 EROSION RESPONSE PLAN Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 43 Revised Draft Nueces County / Corpus Christi Erosion Response Plan June 7, 2012 Page 44 City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: May 29, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services danb @cctexas.com (361) 826-3729 CAPTION: Foster Crowell, Director of Wastewater Services fosterc@cctexas.com (361) 826 -1801 Approval of Contract for Professional Services: Whitecap Wastewater Treatment Plant Ultra - Violet (UV) Disinfection System Upgrade (Project No. E10179) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services contract with Freese and Nichols of Corpus Christi, Texas in the amount of $249,352.00 for the Whitecap Wastewater Treatment Plant Ultra - Violet (UV) Disinfection System Upgrade. BACKGROUND AND FINDINGS: The existing Whitecap Wastewater Treatment Plant utilizes an ultra - violet (UV) disinfection system for the final effluent in order to comply with bacteria limits in the TCEQ discharge permit. The system was originally designed for the inactivation of E. coli. Since the plant discharges to saltwater, TCEQ now requires that enterococci be monitored for compliance with the discharge permit rather than E. coli. Enterococci bacteria are more difficult to inactivate than E. coli and often require a higher dosage of UV. The plant has periodically had difficulty meeting the enterococci limits. The purpose of this project is to upgrade the disinfection system to allow continuous compliance with the enterococci limits. Freese and Nichols Inc. was selected to perform this work because of their experience in designing multiple UV disinfection systems for wastewater treatment plants around the state of Texas. Freese and Nichols, Inc. is also providing peer review for the UV system on the New Broadway Wastewater Treatment Plant Project. The proposed project will design an upgrade for the existing disinfection system including larger UV modules, flow metering to flow pace the UV dosage, piping, instrumentation and control, electrical and miscellaneous items of work to provide a complete installation. ALTERNATIVES: 1. Award the contract to Freese and Nichols as proposed. 2. Do not award the contract to Freese and Nichols as proposed. C: \Program Files \G ranicus \Legistar5\ Packet \975_City Council_ 6 _ 19_2012 \0024 1 _62a689 1 f- edc4- 4a6a -b 5 cf -8 caa80a4f8b2. docx EMERGENCY / NON - EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCES: Wastewater Department FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense ❑ Revenue X CIP FISCAL YEAR: 2011 -2012 Prior Year (CIP Only) Current Year Future Years TOTALS Budget $90,000.00 $720,000.00 $810,000.00 Encumbered /Expended Amt. This item $90,000.00 $159,352.00 $249,352.00 BALANCE FUNDS: Wastewater CIP Comments: The total design cost for the engineering services is $249,352. The total project budget with engineering services and reimbursements is $269,300.16. Engineering Design Services include design of upgrades to the UV disinfection system including UV modules, flow metering, instrumentation and control, and electrical. Design will be completed in approximately seven months. Construction procurement is anticipated in future out years under the Wastewater CIP Program. It is estimated that the construction costs will range between $2.5M - $3M. RECOMMENDATION: City staff recommends the Contract for Professional Services be awarded to Freese and Nichols of Corpus Christi, Texas, in the amount of $249,352.00 for professional services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map A/E Contract C: \Program Files\Granicus\Legistar5\Packet\975_City Council_ 6 _ 19_2012 \0024 1 _62a689 1 f- edc4- 4a6a -b 5 cf -8 caa80a4f8b2. docx PROJECT BUDGET ESTIMATE WHITECAP WASTEWATER TREATMENT PLANT ULTRA - VIOLET (UV) DISINFECTION SYSTEM UPGRADE Project No. E10179 June 12, 2012 FUNDS AVAILABLE: Wastewater CIP $810,000.00 FUNDS REQUIRED: Construction (estimate) TBD Contingency (10 %) TBD Consultant Fees: Consultant (Freese and Nichols) 249,352.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 6,857.18 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 8,727.32 Finance Reimbursements 3,116.90 Misc. (Printing, Advertising, etc.) 1,246.76 TOTAL $269,300.16 ESTIMATED PROJECT BUDGET BALANCE $540,699.84 * Construction Observation Services not included in Freese and Nichols' consultant fee. TBD - To Be Determined \Mproject \councilexhibits \exhE10179.dwg N PROJECT #E10179 LOCATION MAP NOT TO SCALE Whitecap Wastewater Treatment Plant Ultra- Violet (UV) Disinfection System CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and Freese and Nichols, Inc. (FNI), a Texas corporation, (Architect/Engineer — NE), hereby agree as follows: 1. SCOPE OF PROJECT Whitecap Wastewater Treatment Plant Ultra - Violet (UV) Disinfection System Upgrade (Proiect No. E101791- The proposed project will replace the existing low - intensity low- pressure UV disinfection equipment with new UV disinfection equipment. The new UV equipment is needed to comply with the future enterococcus bacteria permit limits. The improvements will include electrical and instrumentation improvements required to support the UV disinfection improvements along with all the related accessories and appurtenances. Recommendations for improvements in addition to the UV disinfection equipment to comply with the future enterococcus bacteria permit limits will also be provided. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, Gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A -1 ", to complete the project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. NE services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may Large A/E Contract Page 1 of 3 K1Engineenng OataExchangoWELMAPIWASTEWATER1E10179 WHITECAP WWTP UV DISINFECTION SYSTEM UPGRADE\1 CONTRACT PROFESSIONAL SERVICES.doc be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE NE agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to exceed $249.352.00 (Two Hundred Forty Nine Thousand Three Hundred Fifty Two Dollars and 00/100). Monthly invoices will be submitted in accordance with Exhibit "D ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the NE at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon NE and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The NE will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the NE staff. If the NE is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the NE without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Large A/E Contract Page 2 of 3 KFEngineering OaiaExtlteng •AVEIMAP1WASTEWATER1E10179 WHRECAP WWTP UV DISINFECTION SYSTEM UPGRADB1 CONTRACT PROFESSIONAL SERVICES.doc 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the NE without the express written consent of the Director of Engineering Services. However, the NE may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. 10. DISCLOSURE OF INTEREST NE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form attached as Exhibit "C". CITY OF CORPUS CHRISTI FREE SE AND NICHOLS, INC. Oscar R. Martinez Date Assistant City Manager RECOMMENDED Daniel Biles, P.E. Date Interim Director of Engineering Services \-\ Foster Crowell, Date Director of Wastewater Services APPROVED AS TO FORM Office of Management Date and Budget City Attorney ATTEST ate Armando Chapa, City Secretary Ron Guzman, P.E. Date Principal 800 N. Shoreline Blvd., Suite 1600N Corpus Christi, TX 78401 (361) 561-6500 Office (361) 561-6501 Fax Project No. E10179 Fund Source No 550950-4510-00000-E10179 Encumberance No. Large NE Contract Page 3 of 3 KAEN4nsanng DataE=hangtYsVELMAPWASTEWATERIEID179 WHITECAP VANTP UV DISINFECTION SYSTEM UPGRADED CONTRACT PROFESSIONAL SERVICES cloc EXHIBIT A CITY OF CORPUS CHRISTI WHITECAP WASTEWATER TREATMENT PLANT ULTRA - VIOLET (UV) DISINFECTION SYSTEM UPGRADE (PROJECT NO. E10179) 1. SCOPE OF SERVICES A. Basic Services. Basic Services will include the following in addition to those items shown on Exhibit "A- 1" Task List. 1. Design Phase. The A/E Consultant will perform the following services under the design phase: a. Confer with the City staff regarding the design parameters of the Project. The A/E Consultant will participate in up to seven (7) formal meetings (as described in greater detail in Exhibit A -1) with the City's staff to initiate the project, discuss the progress on design items, provide agenda and purpose for each formal meeting; document and distribute meeting minutes and meeting report within seven (7) working days of the meeting. The A/E Consultant will participate in discussions with the operating department and other agencies (such as the Texas Commission of Environmental Quality (TCEQ)) as required to satisfactorily complete the Project. The A/E Consultant will also participate in up to one (1) formal enterococcus bacteria permit limit coordination meeting with TCEQ to discuss anticipated future stringent enterococcus bacteria permit limit for the City of Corpus Christi WWTPs. 1. Confer, discuss, and meet with City operating department(s) and Engineering Services staff to produce a cohesive, well - defined final design and probable cost estimate for construction. 2. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the project and permitting, environmental, historical, construction, and geotechnical issues; and meet with pertinent authorities. 3. Identify results of site field investigation including site findings, existing conditions, potential right of way /easements, and probable project design solutions; (which are common to municipalities). 4. Review and investigate available records, archives, and pertinent data related to the project including taking photographs of the project site, list of potential problems and possible conflicts, intent of design, and improvements required, and conformance to relevant Master Plan(s). 5. Review of the project with the respective Operating Department(s) and discussions including clarification and definition of intent and execution of the project; The A/E Consultant will meet with City staff to collect data, discuss materials and methods of construction, and identify design and construction requirements. EXHIBIT "A" Page 1 of 9 KIENGINEERING DATAEXCHANGEIVELMAPIWASTEWATER IE10179WHITECAP WWFP UV DISINFECTION SYSTEM UPGRADEICONTRACT PROFESSIONAL SERVICESI2 EXHIBIT ADOCX 6. Attend and participate in a maximum of up to two (2) client coordination meetings and two (2) UV disinfection equipment manufacturer coordination meetings to gather requirements from the City to discuss planning and conceptual design. Gather information and perform close coordination with the City's staff via phone and e- mails. b. The City will identify testing, handling and disposal of any hazardous materials and /or contaminated soils that may be discovered during construction (to be included under additional services). c. Prepare final quantities and estimates of probable costs. d. Furnish a technical memorandum identifying the problems associated with the existing UV disinfection equipment and the recommendations for the proposed UV equipment improvements to meet the future enterococcus bacteria permit limits for the Whitecap Wastewater Treatment Plant (WWVfP). Additional details on this technical memorandum are provided in Exhibit A -1. e. Furnish one (1) set of the 50% half size plans (half -size plans only - identify needed front -end and technical specifications) to the City staff for review and approval purposes with the opinion of probable construction cost. The City will be responsible for reproduction for additional sets of 50% half -size plans per the requirement of the City. Upon receipt of the 50% set of half- size plans and list of front -end and technical specifications, the City will promptly review the submittal and provide their comments to the NE Consultant in electronic e-mail or CDROM. There will be one (1) 50% submittal review coordination meeting to discuss comments on the 50% half size plans and specifications list. e. Assimilate all review comments, modifications, additions /deletions and proceed to 100% completion of Interim Design Submittal. f. Furnish one (11 copy of the 100% Interim Design Submittal [half size plans and front -end documents and technical specifications] to the City staff for review and approval purposes with one (1), copy of revised opinion of probable construction costs. 100% half size plans shall be submitted, dated, and stamped "NOT FOR CONSTRUCTON". There will be one (1), 100% Interim Design Submittal review coordination meeting to discuss comments on the 100% Interim Design Submittal. Upon approval of the 100% Interim Design Submittal by the City, the words "NOT FOR CONSTRUCTION" shall be removed and the original seals of the responsible professional engineer will be provided on the plans and the seals will be signed and dated. The required no. of Final 100% Contract Documents sets will be forwarded to Texas Commission on Environmental Quality (TCEQ) for review and approval. g. Upon receipt of comments from TCEQ, the NE Consultant will make necessary modifications to the 100% Contract Documents. The stamp "ISSUED FOR BID" and original seals of the professional engineers will be placed on the 100% plans and dated. One (1) copy of the completed 100% Contract Documents will be forwarded to the City. The City will be responsible for reproduction for any additional sets of the completed Contract Documents per the requirement of the City. The A/E Consultant will also furnish one (1), CDROM with an electronic file copy of the "ISSUED FOR BID" plans in AutoCAD and Front -End Documents and Technical Specifications in MS Word to the City. The said "ISSUED FOR KIENGINEERING DATAEXCHANGEWELMAPIWASTEWATER1E10179 WHITECAP WWtP UV DISINFECTION SYSTEM UPGRADEICONTRACT PROFESSIONAL SERVICESI2 EXHIBIT ADOCX BID" Contract Documents henceforth become the sole property and ownership of the City of Corpus Christi. h. Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the 50% and100% Interim and Final Design Submittal accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City Staff. The A/E Consultant shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to civil, mechanical, electrical, etc. i. The City agrees that any modifications of the submitted "ISSUED FOR BID" plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. j. Prepare and submit monthly status reports with action items developed from coordination and review meetings. k. Provide the services above authorized in addition to those items shown on Exhibit "A -1" Task List. City staff will provide one set only of the following information (as applicable): a. Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b. The preliminary budget, specifying the funds available for construction. c. Aerial photography for the Project area. d. Through separate contract, related GIS mapping for existing facilities. e. A copy of existing studies and plans. (As available from City Engineering files). f. Field location of existing City utilities. (NE Consultant to coordinate with City Operating Department). g. Copy of Geotechnical Survey and Findings. h. Provide applicable Master Plans. The City staff will: a. Designate an individual to have responsibility, authority, and control for coordinating activities for the Bid and Construction Phase. In addition, the individual shall also coordinate all activities necessary to award and execute the construction contract. b. The individual will be responsible to initiate contact and coordinate exchange of information (relevant plans and specifications and change orders) from previous A/E Consultant who assisted the City with the design of Whitecap WWTP UV Disinfection Facility. c. Provide the budget for the Project specifying the funds available for the construction contract. EXHIBIT "A" Page 3of9 KIENGINEERING DATAEXCHANGEIVELMAPIWASTEWATERIE10179 WHITECAP NNVTP UV DISINFECTION SYSTEM UPGRADECONTRACT PROFESSIONAL SERVICESI2 EXHIBIT ADOCX 2. Bid Phase. The NE will: a. Participate in the pre -bid conference and provide a recommended agenda for critical construction activities and elements impacting the project. b. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform CONTRACTORs of approved changes prior to bidding. d. Conduct one (1), pre -bid conference for the construction projects and coordinate responses with the City. Response to the pre -bid conference will be in the form of addenda issued after the bid -bid conference. The A/E Consultant will also attend the tour of the project site along with the prospective CONTRACTORs after the pre -bid conference. e. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f. Furnish one (11 hard paper copy set of the 100% "ISSUED FOR CONSTRUCTION" Conformed Documents (full size drawings on bond paper and front -end documents and technical specifications on 8.5" x 11" paper) to the City staff. The original seals of the responsible professional engineer will be replaced with "ISSUED FOR CONSTRUCTION" seals. The City will be responsible for reproduction for any additional sets of the Conformed Documents per the requirements of the City and the Construction Contractor. The A/E Consultant will also furnish one (1) CDROM with an electronic file copy of the Conformed Drawings in AutoCAD and Conformed Specifications in MS Word to the City. The City staff will: a. Arrange and pay for printing of all Contract Documents and addenda to be distributed to prospective bidders. b. Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E Consultant) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c. Receive the A/E Consultant's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d. Prepare, review and provide copies of the contract for execution between the City and the CONTRACTOR. EXHIBIT "A" Page 4 of 9 K ENGINEERING DATAEXCHANGEIVELMAPIWASTEWATER1E10179 WHITECAP WARP UV DISINFECTION SYSTEM UPGRADEICONTRACT PROFESSIONAL SERVICESI2 EXHrDIT ADOCX 3. Construction Phase. The A/E will perform construction contract administration to include the following: a. Participate in one (1) pre- construction meeting conference and provide a recommended agenda for critical construction activities and elements impacting the project. b. Review for conformance to Contract Documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the Contract Documents for the CONTRACTOR and authorize required changes, which do not affect the CONTRACTOR's price and are not contrary to the general interest of the City under the contract. e. Attend and participate in a maximum of up to three (3) periodic site visits (when needed) to the site of the project to confer with the City project inspector and CONTRACTOR to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the Contract Documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. Visits to the site in excess of the specified number are an additional service. f. Attend and participate in a maximum of up to six (6) periodic construction meetings (when needed) to the site to attend the Monthly Construction Progress Meeting. These meetings shall be coordinated by the City prior to the meeting dates. Visits to the site for Monthly Construction Progress Meetings in excess of the specified number of meetings are an additional service. g. Attend and participate in a maximum of up to two (2) final walkthrough /punchlist site visits to the site (separate from the site visits) in company with ONWER's representative to observe whether the improvements have been completed in accordance with the Construction Contract Documents. Prepare a list of deficiencies to be corrected by the CONTRACTOR before issuing the FINAL Certificate of Acceptance. The City's representative will be responsible to track the completion of all the punchlist items. Assist the City in obtaining legal releases, permits, warranties, spare parts, and keys from the CONTRACTOR. The A/E Consultant will issue FINAL Certification of Acceptance upon the completion of all the punchlist items. Provide recommendation for final payment to the CONTRACTOR. Visits to the site in excess of the specified number are an additional service. h. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the CONTRACTOR and authorize minor changes which do not affect the CONTRACTOR's price and are not contrary to the general interest of the City under the contract. i. As applicable, review and assure compliance with Contract Documents, the preparation of operating and maintenance manuals updates (by the CONTRACTOR) for all equipment installed on this Project. These manuals will be in a "multimedia format" suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum the Introduction, Table of Contents, and EXHIBIT "A" Page 5 of 9 KIENGINEERING DATAEXCHANGEIVELMAPIWASTEWATERIE10179 WHITECAP WWIP UV DISINFECTION SYSTEM UPGRADEICONTRACT PROFESSIONAL SERVICESI2 EXHIBIT A.DOCX Index will be in HTML (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. Use the common formats for scanned images - GIF, TIFF, JPEG, etc. Confirm before delivery of the manuals that all scanned image formats are compatible with the image- viewing software available on the City's computer - Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals on a CD -ROM, not on floppy disks. Review construction "red -line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the CONTRACTOR provided plans) and deliver to the Engineering Services one u full -size reproducible drawing set (full size drawings on bond paper) and all electronic files ( AutoCAD r.14 or later) of the record drawings. All drawings will be CAD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a. Prepare applications /estimates for payments to CONTRACTOR. b. Conduct the final acceptance inspection with the NE Consultant. B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the A/E Consultant will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E Consultant will, with written authorization by the Director of Engineering Services, do the following: 1. Assist the City with the design, bid and construction phase services of any additional improvements that may be required to comply with the future revised enterococcus bacteria permit limits. The additional improvement design may specifically anticipate the incorporation of filters and /or any additional biological or chemical processes upstream of UV disinfection equipment and any additional equipment selection and design, structural improvements, electrical, instrumentation and SCADA design and integrator's documentation requirements and would be completed after City's authorization for this additional service item. All the additional improvement design items will be completed in accordance with the recommendations provided in the technical memorandum. Details of items that will be included in the technical memorandum are provided in Exhibit A -1. This additional design will be added to the bid package for UV Disinfection Improvements Project and will be bid and constructed EXHIBIT "A" Page 6 of 9 KIENGINEERING DATAEXCHANGEIVELMAPIWASTEWATER lE10179 WHITECAP WNTP UV DISINFECTION SYSTEM UPGRADEICONTRACT PROFESSIONAL SERVICESI2 EXHIBIT ADOCX simultaneously with the designed Whitecap WVVTP UV Disinfection Improvements. 2. Assist the City for all the required coordination with the state and the federal agencies. The A/E Consultant will prepare and submit all documents for review as applicable to the appropriate local, state, and federal authorities, including, but not limited to: a. Texas Commission for Environmental Quality (TCEQ) 3. Provide SCADA and instrumentation updates for the proposed electrical and instrumentation improvements in this project. 4. Provide the services above authorized in addition to those items shown on Exhibit "A -1" Task List. 5. Site and factory visits associated with factory testing of equipment to be provided for the project and other special equipment and materials related to this improvement project. 6. Additional services that are required to comply with local, state, or federal regulations that becomes effective after the date of this Contract. 7. Providing services to investigate existing conditions or facilities, or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by the City. 8. Making revisions to drawings, specifications or other documents when such revisions are not consistent with approvals or instructions previously given by the City or due to other causes not solely within the control of the A/E Consultant. 9. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory tests of equipment at any site remote to the project or observing tests required as a result of equipment failing the initial test. 10. Design, contract modifications, studies or analysis required to comply with local, state, federal, or other regulatory agencies that become effective after the date of this Contract. 11. Visits to the site in excess of the number of trips for periodic site visits, monthly construction progress meetings, or contract completion activities. 12. Any services required as a result of default of the Contractor(s) or the failure, for any reason, of the Contractor(s) to complete the work within the contract time. 13. Providing Basic Engineering Services or Additional Services on an accelerated time schedule. The scope of this service includes cost for overtime wages of employees and consultants, inefficiencies in work sequence, and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the City. EXHIBIT "A" Page 7 of 9 KIENGINEERING DATAEXCHANGEIVELMAPIWASTEWATER1E10179 WHITECAP WMP UV DISINFECTION SYSTEM UPGRADEICONTRACT PROFESSIONAL SERVICESI2 EXHIBIT AOOCX 14. Providing follow -up construction observation services during the Contractor's warranty period. 15. Participation by the NE Consultant in facility startup planning meetings and warranty inspections. 2. SCHEDULE PROPOSED PROJECT SCHEDULE DAY DATE ACTIVITY Monday April 2, 2012 Begin Design Phase Monday June 11, 2012 Technical Memorandum Monday August 6, 2012 50% Submittal Friday August 17, 2012 City Review Friday October 12, 2012 100% Interim Design Submittal Friday October 26, 2012 City Review Friday November 9, 2012 100% Submittal to TCEQ Friday February 8, 2013 TCEQ Review Friday February 22, 2013 100% "ISSUED TO BID" Final Design Submittal Wednesday May 1, 2013 Bid Phase Ends Friday November 30, 2013 Construction Phase Ends 3. FEES A. Fee for Basic Services. The City will pay the NE Consultant a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section 1 above, and for all expenses incurred in performing these services. For services provided in Section 1, A/E Consultant will submit monthly statements for basic services rendered. In Section 1, the statement will be based upon NE Consultant's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services" the City will pay the NE Consultant a not -to- exceed fee as per the table presented in Section 3.C. Summary of Fees. EXHIBIT "A" Page 8 of 9 KIENGINEERING DATAEXCHANGE VELAIAP1WASTEWATER1E10179 WHITECAP WNW UV DISINFECTION SYSTEM UPGRADEICONTRACT PROFESSIONAL SERVICESI2 EXHIBIT ADOCX C. Summary of Fees Fee for Basic Services 1. Preliminary Phase $0.00 2. Design Phase 118,382.00 3. Bid Phase 18,760.00 4. Construction Phase 33,994.00 Subtotal Basic Services Fees (Authorized) 171,136.00 Fee for Additional Services (Allowance) 1. Disk Filters and Chemical Feed Improvements — Design Phase 56,583.00 2. Disk Filters and Chemical Feed Improvements — Bid Phase 7,993.00 3. Disk Filters and Chemical Feed Improvements — Construction Phase 7,080.00 4. Provide SCADA Documentation /Integration 6,560.00 Sub -Total Additional Services Fees 78,216.00 Total Project Fee $249,352.00 The estimated cost of construction for Whitecap Wastewater Treatment Plant Ultra - Violet (UV) Disinfection System Upgrade (Project No. E10179) is $2,150,000. The basic services fee for the project is $171,136. Therefore, the percentage of basic engineering services cost to construction is 7.96 %. EXHIBIT "A" Page 9 of 9 KtENGINEERING DATAEXCHANGEWELMAPIWASTEWATERIE10179 WHITECAP WIMP UV DISINFECTION SYSTEM UPGRADEICONTRACT PROFESSIONAL SERVICESI2 EXHIBIT A.DOCX EXHIBIT A -1 TASK LIST CITY OF CORPUS CHRISTI WHITECAP WASTEWATER TREATMENT PLANT ULTRA- VIOLET (UV) DISINFECTION SYSTEM UPGRADE (PROJECT NO. E10179) Phase I — Final Design Phase 1) The A/E Consultant shall submit a technical memorandum identifying the problems associated with the existing UV disinfection equipment and the recommendations for the proposed UV equipment improvements to meet the future enterococcus bacteria permit limits for the Whitecap Wastewater Treatment Plant (WWTP). Only one (1) hard paper copy and one (1) electronic copy of this technical memorandum will be submitted to the City for their records. This technical memorandum will be submitted within the first 75 days, after the receipt of "Authorization to Proceed" from the City and will include the discussion on the following items: a. Analysis of the collimated beam test results for Whitecap WWTP effluent samples that were conducted by Carollo Engineers for the new Broadway WWTP UV Disinfection Improvements. b. Analysis of the enterococcus bacteria sampling data from Whitecap VWVfP. c. Analysis of the future permit limits for enterococcus bacteria in coordination with TCEQ. d. Limitations associated with the existing UV disinfection equipment to meet the future enterococcus bacteria permit limits. e. Identification of appropriate UV disinfection equipment and any additional improvements such as filters or any other biological or chemical processes needed to comply with the future enterococcus permit limits. f. Analysis of the plant hydraulics with respect to the changes at the UV disinfection facility and any additional improvements. g. Recommendations for the proposed UV disinfection equipment, flowmeter and any additional improvements. h. Analysis of additional chemical disinfection system to achieve sufficient disinfection during peak flow or flooding events or when needed. 2) Perform field investigation in a site visit (1 site visit) as required to define specific areas for the replacement of existing UV equipment with new UV equipment, locations, tie -in point(s), additional improvements needed for compliance with the future WWTP permit limits, and other applicable parameters required to complete the items as shown on this Task List. 3) Attend and participate in client initiation meeting (1 meeting), design phase client coordination meeting (up to 1 meeting), UV disinfection equipment manufacturer coordination meetings (up to 2 meetings), 50% Design Submittal review meeting (1 meeting) and 100% Interim Design Submittal review meeting (1 meeting) with pertinent City's Engineering and Wastewater Department staff to discuss planning and conceptual design. Gather information and perform close coordination with the City's staff via phone and e- mails. EXHIBIT "A -1" Page 1 of 6 KIENGINEERING DATAEXCHANGEIVELMAPIWASTEWATERIE10179 WHITECAP WWTP UV DISINFECTION SYSTEM UPGRADEI3 EXHIBIT A -1 TASK LIST.DOCX 4) Attend and participate in one enterococcus bacteria permit limit coordination meeting (1 meeting) with TCEQ for anticipated future stringent enterococcus bacteria pemiit limit for City of Corpus Christi WWTPs. 5) The A/E Consultant will be responsible for the design of the new UV disinfection equipment and related accessories and appurtenances for a complete UV disinfection operational system that will enable full operational permit compliance for enterococcus bacteria removal. 6) If the technical memorandum recommends filters or other biological or chemical processes, the City can choose to retain the same NE Consultant to design the additional improvements upstream of UV disinfection equipment and any additional equipment selection and design necessary to meet the future enterococcus permit limits. These additional improvements will be considered as an additional service item and will need to be authorized by the City in order to proceed to complete the design. Any civil, mechanical, geotechnical, electrical, instrumentation, SCADA design and integrator's documentation requirements related to these additional improvements will also be completed after this additional service item has been authorized by the City. 7) The NE Consultant will be responsible for providing electrical and instrumentation design for the operation of the disinfection equipment and related appurtenances that will be installed under the scope of this project. In addition, details of any civil, mechanical, piping or structural improvements resulting due to the installation of new UV equipment will be provided by the A/E Consultant. 8) Provide specification for integrator's documentation requirements for Supervisory Control and Data Acquisition ( SCADA), Operator, and Engineering manuals for the SCADA and Human Machine Interface (HMI) systems including HMI screen shots and operator level instruction for normal operator task with -in the control systems. A/E shall review Integrator's submittal and work with Integrator to assure documentation requirements are met and integrated into plant manuals and documentation systems. A/E shall provide "as- built" Electrical, Instrumentation, and SCADA system drawings and documentation after the completion of the construction of the proposed improvements. City will provide all existing UV Disinfection Facility drawings in AutoCAD format for use by the A/E to make revisions as required for this project. 9) The NE Consultant shall prepare one (1) set of 50% design submittal (design drawings only) for the UV Disinfection Improvements Project using FNI standard Contract Documents. The 50% review drawings shall be delivered to the City Staff in half size along with a list of front - end and technical specifications. The proposed design components for the project are as follows: a. Design of new UV Disinfection Equipment and related accessories and appurtenances b. Design of additional biological or chemical treatment processes improvements required for compliance with the future enterococcus bacteria permit limits (only after authorization by the City) c. Design of new civil, mechanical and structural improvements required to support the UV disinfection improvements along with related accessories and appurtenances d. Design of electrical improvements consisting of two (2) transformers, two (2) operator interface control panels and all associated electrical for two disinfection channels. EXHIBIT "A -1" Page 2 of 6 KIENGINEERING DATAEXCHANGEIVELMAPIWASTEWATEREE10179 WHITECAP WWTP UV DISINFECTION SYSTEM UPGRADEI3 EXHIBIT A -I TASK LIST.DOCX Transformer feeds will also include manual transfer switches to allow swapping of transformer feeders to each channel for redundancy. UV system circuit breaker panels will be installed separate from UV control panels. Panels, transformers, and switches will be installed adjacent to existing structure at three (3) feet above grade e. Design of new ultrasonic flowmeter at inlet of UV channels with flow signal routed to new UV system for flow paced control f. Design of new SCADA RTU with antenna on pole for communicating to Greenwood VW TP and to Central Office on Holly Road g. Design of area lighting to be installed to illuminate UV structure h. Control System Logic Documentation i. Specifications for HMI and SCADA System Operator and Engineering Manual Documentation 10) There will be one (1) review workshop to discuss the 50% design submittal. The City will be responsible to provide comments to the NE Consultant on electronic e-mail or CDROM. Upon receipt of all the electronic comments, the A/E Consultant will assimilate all review comments, modifications, additions /deletions and proceed to prepare a 100% Interim Design Submittal [Final Design Drawings, Front -End and Technical Specifications]for the UV Disinfection Improvements Project. 11) The A/E Consultant shall prepare one (11 set of 100% Interim Design Submittal for the City to review at 100% completion. There will be one (1) 100% Interim Design Submittal review coordination workshop to discuss the 100% Interim Design Submittal. The City will be responsible to provide follow -up comments to the A/E Consultant on electronic e-mail or CDROM. Assimilate all review comments, modifications and additions /deletions and proceed to completion of 100% Final Design Submittal. The original seals of the responsible professional engineer will be provided on the 100% Final Design Submittal and dated and the required no. of sets will be forwarded to TCEQ for review and approval. The NE Consultant will be responsible for coordination of 100% Contract Documents submittal to TCEQ for review. In addition, the NE Consultant will also be responsible for addressing TCEQ comments related to the A/E Consultant's 100% Contract Documents. 12) The A/E Consultant will prepare the final opinion of probable construction cost based on the 100% Contract Documents. 13) The NE Consultant will submit 100% Contract Documents for FNI constructability review. The A/E Consultant will also make final modifications to the 100% Contract Documents per the comments provided during the constructability review. 14) Upon receipt of comments from TCEQ and FNI Construction Services, the A/E Consultant will make necessary modifications to the 100% Contract Documents. After the incorporation of all the comments, the stamp "ISSUED FOR BID" will be placed on the 100% full -size plans from the A/E Consultant and the original seals of the professional engineers will be placed on the drawings and dated. One (1) copy of the completed 100% "ISSUED FOR BID" Final Design Submittal will be forwarded to the City. The City will be responsible for reproduction for any additional sets of the completed "ISSUED FOR BID" Final Design Submittal per the requirement of the City. The NE Consultant will also furnish one (1) CDROM with an EXHIBIT "A -1" Page 3 of 6 KIENGINEERING OATAEXCHANGEWELMAAIWASTEWATERIE10179 WHITECAP WWTP UV DISINFECTION SYSTEM UPGRADE73 EXHIBIT A-1 TASK LIST.000X electronic file copy of the "ISSUED FOR BID" plans in AutoCAD and specifications in Word to the City. Phase II — Bid Phase 1) The A/E Consultant will assist the City in securing bids. The City will issue Notice to Bidders to prospective CONTRACTORS and vendors listed in their database of prospective bidders and to selected plan rooms. 2) The A/E Consultant will assist the City by responding to questions and interpreting bid documents. The NE Consultant will prepare and issue addenda and forward the addenda to the City for distribution to the prospective bidders. 3) The A/E Consultant will assist the City in conducting one (1) pre -bid conference for the construction project and coordinate CONTRACTOR's responses with the City. Response to the pre -bid conference will be in the form of addenda issued after the conference. The A/E Consultant will also attend the tour of the project site along with the prospective contractors after the pre -bid conference. 4) The NE Consultant will assist the City in the opening, tabulating, and analyzing the bids received. The A/E Consultant will review the qualification information provided by the apparent low bidder to determine if, based on the information available, they appear to be qualified (based on City requirements) to construct the project. The A/E Consultant will submit to the City a written recommendation to award of contracts or other actions as appropriate to be considered by the City. 5) The A/E Consultant will make necessary modifications to the 100% "ISSUED FOR BID" Contract Documents based on the addenda issued during the Bid Phase. After the incorporation of all the comments, the stamp "ISSUED FOR CONSTRUCTION" will be placed on the 100% Contract Documents from the A/E Consultant. One (1) copy of the completed 100% "ISSUED FOR CONSTRUCTION" Contract Documents will be forwarded to the City. The City will be responsible for reproduction for any additional sets of the completed 100% "ISSUED FOR CONSTRUCTION" Contract Documents per the requirement of the City. The A/E Consultant will also furnish one (1) CDROM with an electronic file copy of the "ISSUED FOR CONSTRUCTION" plans in AutoCAD and specifications in Word to the City. Phase III — Construction Observation Services Upon completion of the Bid Phase Services, FNI will proceed with the performance of construction phase services as described as follows. FNI will endeavor to protect City in providing these services; however, it is understood that FNI does not guarantee the CONTRACTOR's performance, nor is FNI responsible for supervision of the CONTRACTOR's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the CONTRACTOR, or any safety precautions and programs relating in any way to the condition of the premises, the work of the CONTRACTOR or any subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. EXHIBIT "A -1" Page4of6 KIENGINEERING DATAEXCHANGEIVELMAPIWASTEWATERIE10179 WHITECAP WWTP UV DISINFECTION SYSTEM UPGRAOE13 EXHIBIT A -1 TASK LIST.DOCX The City agrees to include provisions in the Construction Contract Documents that will require the Construction CONTRACTOR to include FNI and their subconsultant(s) on this project to be listed as an additional insured on CONTRACTOR's insurance policies. 1) Assist City in conducting one (1), pre- construction conference with the CONTRACTOR, review construction schedules prepared by the CONTRACTOR pursuant to the requirements of the construction contract. 2) Attend and participate in up to a maximum of six (6) periodic construction meetings to the site to attend the Monthly Construction Progress Meeting. Visits to the site for Monthly Construction Progress Meetings in excess of the specified number are an additional service. 3) Attend and participate in up to a maximum of three (3) periodic site visits to the site (as distinguished from the continuous services of a Resident Project Representative) to observe whether the improvements have been completed in accordance with the Construction Contract Documents. The estimated construction time for this project is 9 months. FNI will endeavor to protect the City against defects and deficiencies in the work of CONTRACTOR and will report any observed deficiencies to the City. Visits to the site in excess of the specified number are an additional service. 4) Review quality related documents provided by the CONTRACTOR such as shop drawings, test reports, equipment installation reports or other documentation required by the Construction Contract Documents. 5) Process contract modifications and negotiate with the CONTRACTOR on behalf of the City to determine the cost and time impacts of change orders. Prepare change order documentation for approved changes for execution by the City. Documentation of field orders, where cost to City is not impacted, will also be prepared. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of the CONTRACTOR or other deviations from the construction Contract Documents requested by the CONTRACTOR and approved by the City are an additional service. Substitutions of materials or equipment or design modifications requested by the City are an additional service. 6) Conduct, in company with City's representative, a final review of the Project for conformance with the Contract Documents of the Project and general compliance with the Construction Contract Documents. Attend and participate in up to a maximum of two (2) final walkthrough /punchlist site visits to the site (separate from site visits) to observe whether the improvements have been completed in accordance with the Construction Contract Documents. The City's representative will be responsible to track the completion of all the punchlist items. The A/E Consultant will issue FINAL Certificate of Completion upon the completion of all the punchlist items. Visits to the site in excess of the specified number are an additional service. Prepare a list of deficiencies to be corrected by the CONTRACTOR before issuing the FINAL Certificate of Completion. Assist the City in obtaining legal releases, permits, warranties, spare parts, and keys from the CONTRACTOR. Make recommendation for final payment to the CONTRACTOR. EXHIBIT "A -1" Page 5 of 6 KIENGINEERING OATAEXCHANGEIVELMAPIWA STEWATERIE10179 WHITECAP WWTP UV DISINFECTION SYSTEM UPGRADEI3 EXHIBIT A-1 TASK LIST.DOCX 7) Prepare an Operation and Maintenance (O &M) Manual updates for the UV disinfection improvements and associated electrical and instrumentation appurtenances in accordance with provisions of TCEQ regulatory guidance document 217.16, Operations and Maintenance Manual for Wastewater Treatment Facility. The City will be responsible to incorporate these O &M manual updates to their overall plant O &M manual. 8) Revise the construction drawings in accordance with the information furnished by Construction CONTRACTOR and the construction inspector reflecting changes in the Project made during construction. One (1) set of full -size prints of "RECORD DRAWINGS" and one (1) CDROM with an electronic file copy of the plans in AutoCAD after the completion of the Construction Project will be provided to the City. The City will be responsible for making additional sets of hard -copy prints and electronic copies per the requirement of the City. EXHIBIT "A -1" Page 6 of 6 KIENGINEERING DATAEXCHANGEIVELMAPIWASTEWATERtE10179 WHITECAP WWrP UV DISINFECTION SYSTEM UPGRADEI3 EXHIBIT A-1 TASK LIST.DOCX EXHIBIT "B" INSURANCE REQUIREMENTS Insurance Requirements A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies (except Workers Compensation /EL and Professional Liability), and a blanket waiver of subrogation is required on all applicable policies (except Professional Liability). TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, or reduction in coverage or limits required on all certificates or by policy endorsements Bodily Injury & Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury / Advertising Injury $1,000,000 COMBINED SINGLE LIMIT Per Occurrence and in the aggregate AUTOMOBILE LIABILITY to include: 1. Owned vehicles 2. Hired — Non -owned vehicles $1,000,000 COMBINED SINGLE LIMIT UMBRELLA — EXCESS LIABIITY Must follow form $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions $2,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION EMPLOYERS' LIABILITY Applicable to paid employees while on City property Which Complies with the Texas Workers Compensation Act $500,000/$500,000/$500,000 EXHIBIT "B" Page 1 of 3 C. In the event of accidents of any kind related to this agreement, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis (except for Professional Liability), by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. City shall be entitled, upon request and without expense, to receive Certificates of Insurance and all endorsements thereto as they apply to the limits required by the City. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City on CGL and Auto policies of any suspension, cancellation, non - renewal or reduction in coverage or limits in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. Consultant shall provide this notice to City on Workers Compensation and Professional Liability policies. H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this agreement. EXHIBIT "B" Page 2 of 3 I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and /or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold It and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Page 3 of 3 City of Corpus sti GE SUPPLIER ASSIGNED BBYCRY- PURCHASINO DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question, must be answered. If the question is not applicable, answer with NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Freese and Nichols, Inc. P. O. BOX: STREET ADDRESS: 800 N. Shoreline, Suite 1600N CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation 4. Association 2. Partnership S. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' N/A ame Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." NIA Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm" Name Consultant N/A EXHIBIT "C" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof. you shall disclose that fact in a signed wrion f. to the City official, employee or body that has been 1 requested to act in the matter, unless me interest at the City official or employ.t. in the n ani.r is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. fEthics Ordinance Section 2-349 (d)] CERTIFICATION 1 certify that all information provided is true and correct as or the date of this statement, 111111 have not knowingly withheld disclosure of any information requested and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ron Guzman, P. E. Title: Principal ypr or Print Date: DEFINITIONS a. -Board member.- A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. -Economic benefit-. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public' in general or a substantial segment thereof. c. -Employee." Any person employed by the City of Corpus Christi. Texas either on a fu part-time basis, but not as an independent contractor. d. -Firm." Any entity operated for economic gain. NOether professional. industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture. receivership or trust. and entities which for puiTtoses of taxation are treated as non-profit organizations. e. -Official.- The Mayor, members of the City Council, City Manager. 1)eputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi. Texas. -Owttersitip interest." Legal or equitable interest, whether actual!), or constructively y held. in a firm, including when such interest is held through an agent, trust. estate. or holding entity. -Constructively held" refers to holdings or control established through votina trusts, proxies, or special terms of venture or partnership agreements.- -Consultant.- Any person or firm, such us engineers and architects, hired by t he 'it ) oF Corpus Christi for the purpose of professional consultation and recommendation. Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% Whitecap Disinfection Improvements City Project No. E10179 Council Presentation May 29, 2012 WASTEWATER DEPARTMENT Project Scope Ay afC rpris Christi WASTEWATER DE PA 12 T.7f ENT Project Schedule Cily C01,111S EliAA WASTEWATER DEPARTMENT Project Budget FUNDS AVAILABLE: Wastewater C I P $810,000.00 FUNDS REQUIRED: Construction (estimate) TBD Contingency (10%) TBD Consultant Fees: Consultant (Freese and Nichols) 249,352.00 Reimbursements:_ 19,948.16 TOTAL $269,300.16 ESTIMATED PROJECT BUDGET BALANCE $540,699.84 Ey of Corm C 0E6 WASTEWATER DEPARTMENT AGENDA MEMORANDUM Future Item for the City Council Meeting of June 12, 2012 Action Item for the City Council Meeting of June 19, 2012 DATE: June 19, 2012 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP ©cctexas.com (361) 826 -3227 Fred Segundo, Director of Aviation FredS ©cctexas.com (361) 289 -0171 x1213 Approval of Reimbursement Resolution for Expenditure of Funds Related to Airport System Improvements PURPOSE: Resolution relating to establishing the City's intention to reimburse itself in an amount not to exceed $6,000,000 for the prior lawful expenditure of funds from the proceeds of obligations to be issued by the City for authorized purposes relating to constructing improvements to the City's Airport System; authorizing matters incident and related thereto; and providing an effective date. BACKGROUND AND FINDINGS: On September 13, 2011, Airport staff, in conjunction with KSA Engineers, made a presentation to the City Council regarding a Runway Safety Project. The Federal Aviation Administration (FAA) has approved the planning, design, and construction of this project, which includes displacement of thresholds and reconfiguration of our runway and taxiway system. These improvements will eliminate runway incursion incidents which result when an unauthorized intrusion occurs into a runway by aircraft, vehicle, or person that creates a collision hazard. The total cost of the project is estimated to be $55,000,000 — with 90% as FAA's share and 10% as the local share. The City of Corpus Christi is anticipating issuing Certificates of Obligation in an amount not to exceed $6,000,000 to fund the local share of this project and $500,000 in contingencies that are not tied to the grant. The debt service payments, although backed by the full faith and credit of the City, would be transferred from the Airport's operating fund to the City's debt service fund. It is anticipated that the funds would be needed by early fall 2012. This agenda item would allow reimbursement of qualifying expenditures prior to actual receipt of debt proceeds. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - - - Encumbered/Expended amount of (date) - - - - This item - - - - BALANCE - - - - FUND(S): COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the resolution as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Bond Counsel • Legal Department • Airport • Financial Services LIST OF SUPPORTING DOCUMENTS: Resolution cc: Lisa Aguilar, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager Wesley S. Pierson, Assistant City Manager RESOLUTION NO. A RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF IN AN AMOUNT NOT TO EXCEED $6,000,000 FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS FROM THE PROCEEDS OF OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED PURPOSES RELATING TO CONSTRUCTING IMPROVEMENTS TO THE CITY'S AIRPORT SYSTEM; AUTHORIZING MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the Governing Body) of the City of Corpus Christi, Texas (the Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance the costs associated with (i) constructing, improving, enlarging, repairing, and extending the City's airport system (the System) and the purchase of equipment, supplies, machinery, and other personal property relating to the System (the Construction Costs), (ii) the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs (the Engineering Costs), (iii) the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs), and (iv) the payment of various administrative costs, including the fees of bond counsel, financial advisor, project manager, other professionals, and bond printer (the Administrative Costs) [the Construction Costs, the Engineering Costs, the Architectural Costs, and the Administrative Costs collectively constitute the costs of the project that is the subject of this Resolution (the Project)]; and WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer, for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; and WHEREAS, the United States Department of Treasury (the Department) released Regulation Section 1.150 -2 (the Regulations) which establishes when the proceeds of obligations are spent and therefore are no longer subject to various federal income tax restrictions contained in the Internal Revenue Code of 1986, as amended (the Code); and WHEREAS, the Issuer intends to reimburse itself, within eighteen months from the later of the date of expenditure or the date the property financed is placed in service (but in no event more than three years after the original expenditures are paid), for the prior lawful capital expenditure of funds from the proceeds of one or more series of obligations (the Obligations) that the Issuer currently contemplates issuing in an amount not to exceed $6,000,000 to finance a portion of the costs of the Project; and WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; and 95606154.1 WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer's budgetary and financial circumstances; and WHEREAS, the Governing Body hereby finds and determines that the adoption of this Resolution is in the best interests of the citizens of the Issuer; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1: This Resolution is a declaration of intent to establish the Issuer's reasonable, official intent under section 1.150 -2 of the Regulations to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred (not more than 60 days prior to the date hereof) or to be incurred with respect to the Project from the Issuer's General Fund or other lawfully available funds of the Issuer. SECTION 2: The Issuer intends to issue the Obligations and allocate within 30 days after the date of issuance of the Obligations the proceeds therefrom to reimburse the Issuer for prior lawful expenditures with respect to the Project in a manner to comply with the Regulations. SECTION 3: The reimbursed expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles. SECTION 4: The Issuer intends to otherwise comply, in addition to those matters addressed within this Resolution, with all the requirements contained in the Regulations. SECTION 5: This Resolution may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law and the Regulations. SECTION 6: With respect to the proceeds of the Obligations allocated to reimburse the Issuer for prior expenditures, the Issuer shall not employ an abusive device under Treasury Regulation Section 1.148 -10, including using within one year of the reimbursement allocation, the funds corresponding to the proceeds of the Obligations in a manner that results in the creation of "replacement proceeds," as defined in Treasury Regulation Section 1.148 -1, of the Obligations or another issue of tax - exempt obligations. SECTION 7: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Governing Body. SECTION 8: All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. -2- 95606154.1 SECTION 9: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 10: If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 11: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 12: This Resolution shall be in force and effect from and after its final passage, and it is so resolved. [The remainder of this page intentionally left blank] -3- 95606154.1 PASSED, ADOPTED AND APPROVED on this the 19th day of June, 2012. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS DAY OF , 2012: Carlos Valdez, City Attorney -4- 95606154.1 THE STATE OF TEXAS )( COUNTY OF NUECES )( 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 a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 19th day of June, 2012, relating to establishing the City's intention to reimburse itself in an amount not to exceed $6,000,000 for improvements to the City's airport system, which Resolution 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 day of 2012. City Secretary (CITY SEAL) -5- 95606154.1 AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: TO: FROM: 6/13/2012 (Revised) Ronald L. Olson, City Manager Mark Van Vleck, Interim Director, Development Services MarkVV@cctexas.com (361) 826 -3246 Request for a Deferment Agreement and Grid Main Extension Construction and Reimbursement Agreement with Hunter CC 1, LP, developer of Blue Chip Industrial Tracts Subdivision, Block 1, Lot 4 CAPTION: A. Motion authorizing the City Manager to execute a Deferment Agreement with Hunter CC 1, LP, (Developer), in the amount of $304,517.68 for public improvements for Hunter CC 1, LP located south of Hwy. 44 (Agnes St.) on S. Navigation Blvd. in accordance with the Unified Development Code Section 8.1.10, contingent upon receipt of a Letter of Credit approved by the City. B. Ordinance appropriating $80,887.47 from the No. 4030 Water Arterial Transmission & Grid Main Trust Fund to reimburse Hunter CC 1, LP, for the extension of a 12 -inch grid main line, including all related appurtenances for development of Blue Chip Industrial Tracts Subdivision, Block 1, Lot 4, as specified in the Water Grid Main Line Extension Construction and Reimbursement Agreement and declaring an Emergency. C. Motion approving the Grid Main Extension Construction and Reimbursement Agreement submitted by Hunter CC 1, LP, owner and developer of Blue Chip Industrial Tracts Subdivision, Block 1, Lot 4, located south of Hwy. 44 (Agnes St.) on S. Navigation Blvd. for the extension of a 12 inch Grid Main line, including all related appurtenances. BACKGROUND AND FINDINGS: Hunter CC 1, LP, is requesting a Grid Main Extension Construction and Reimbursement Agreement for the platting and development of Blue Chip Industrial Tracts Subdivision, Block 1, Lot 4, as shown on the final plat (Exhibit 1). The subdivision is located South of Hwy. 44 (Agnes St.) on S. Navigation Blvd. The proposed improvements will provide adequate water to the proposed Industrial development. A layout of existing and proposed improvements is included as (Exhibit 3). The developer has submitted a Construction Cost Estimate (Exhibit 4) and supporting documentation in compliance with provisions of the Unified Development Code, Section 8.5.2. A total of 1,425 -feet of the proposed 12 -inch water line will be part of the Grid Main System and is eligible for reimbursement. The total installation cost of the Deferment Agreement and Grid Main Extension Construction and Reimbursement Agreement with Hunter CC 1, LP June 19, 2012 Page 2 improvements submitted by the developer for the 12 -inch water Line is $80,887.47. The water line will be part of the Grid Main and thus 100% reimbursable. A detailed breakdown of the Engineer's cost estimate is included (Exhibit 4). A Grid Main extension construction and reimbursement agreement must be approved by the City Council before the developer starts construction. The reimbursement only shall be made when monies are fully available in and appropriated from the Water Arterial and Grid Main Trust Fund. The order of reimbursement will be determined according to the date the reimbursement agreement is approved by the City Council. ALTERNATIVES: Denial of the Grid Main Extension Construction and Reimbursement Agreement OTHER CONSIDERATIONS: In an effort to accommodate the property owner's request, these items were not presented as Future Agenda items and are appearing only on the Regular Agenda FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 433,224.37 433,224.37 Encumbered / Expended Amount This item (80,887.47) (80,887.47) BALANCE 352,336.90 352,336.90 Fund(s): Comments: A Grid Main extension construction and reimbursement agreement must be approved by the City Council before the developer starts construction. The reimbursement only shall be made when monies are fully available in and appropriated from the Water Arterial and Grid Main Trust Fund. The order of reimbursement will be determined according to the date the reimbursement agreement is approved by the City Council. CONFORMITY TO CITY POLICY: The owner and developer will be extending off -site water to serve the proposed development and has requested reimbursement of qualified construction costs, as provided in the Unified Development Code. EMERGENCY / NON - EMERGENCY: Emergency Deferment Agreement and Grid Main Extension Construction and Reimbursement Agreement with Hunter CC 1, LP June 19, 2012 Page 2 DEPARTMENTAL CLEARANCES: Legal Finance RECOMMENDATION: Staff recommends approval of the motion and appropriation of funds as presented. LIST OF SUPPORTING DOCUMENTS: Final Plat Application for Grid Main Reimbursement Plans and Specifications Engineer's Cost Estimate Grid Main Extension Construction and Reimbursement Agreement Disclosure of Interests Deferment Agreement DEFERMENT AGREEMENT STATE OF TEXAS COUNTY OF NUECES § This Agreement is entered into between the City of Corpus Christi, Texas, a Texas home rule municipality, (hereinafter "City ") and Hunter CC I, LP (hereinafter "Owner /Developer "), and pertains to deferral of the required completion of certain required improvements prior to filing the final plat of Blue Chip Industrial Tracts, Block 1, Lot 4 (the "plat "), which was recommended by the Planning Commission on February 15, 2012. A copy of the plat is attached and incorporated as Exhibit 1. WHEREAS, the Owner /Developer is obligated under Section 8.1.11, of the Unified Development Code to construct seventy -five percent (75 %) of the required improvements, before the final plat is endorsed by the City Engineer. Detailed . construction drawings must be provided by the Owner /Developer and approved by the City's Departments of Development Services and Engineering prior to the start of construction; WHEREAS, the Owner /Developer is seeking to defer, for a period up to one year, the construction of the water and wastewater improvements (hereinafter the "deferred improvements "), as shown in Exhibit 2, and further, on April 25, 2012, the Planning Commission made a finding that there exists probable cause to delay the completion of public improvements, in accordance with 8.1.10.B of the Unified Development Code; WHEREAS, the Owner /Developer is seeking to have the plat filed immediately with the County Clerk of Nueces County, Texas, before completion of seventy -five percent (75 %) of the required improvements as required by Section 8.1.11 of the Unified Development Code; WHEREAS, the Owner /Developer will deposit, with the City, an irrevocable letter of credit in, the amount of Three Hundred and Four Thousand, Five Hundred and Seventeen 68/100 ($304,517.68), representing • 110% of the estimated cost of constructing the deferred improvements, all as shown on the attached cost estimate, which is attached and incorporated as Exhibit 3; WHEREAS, the City Attorney and Director of Finance have approved this transaction; WHEREAS, the Owner /Developer has completed all other subdivision requirements, park dedications, park deferment agreements, and maintenance agreements and all special covenants; WHEREAS, the Owner /Developer is entering into this Deferment Agreement as required by Section 8.1.10.B. of the Unified Development Code; Deferment Agreement Hunter CC 1, LP and City of Corpus Christi Page 2 of 6 NOW, THEREFORE, for the consideration set forth hereinafter, the City and Owner /Developer agree as follows: 1. The City shall waive the requirement that construction of the deferred improvements be completed before the final plat is endorsed by the City Engineer and filed for record with the County Clerk of Nueces County and further agrees to allow the Owner /Developer to defer construction of the deferred improvements as shown in Exhibit 2, for up to one (1) year from the date of this Deferment Agreement. 2. The Owner /Developer agrees to deposit Three Hundred and Four Thousand, Five Hundred and Seventeen 68/100 ($304,517.68) in the form of an irrevocable letter of credit (the "Letter of Credit ") issued by a bank with offices in Corpus Christi, TX, for 110% of the estimated cost of constructing the required improvements, as shown in Exhibit 3, which is attached to and incorporated into this Agreement, with the City of Corpus Christi on or before the plat is filed with the County Clerk, and if the deposit is not made by that time this Agreement shall become null and void. The form of the Letter of Credit must be approved by the City's Director of Financial Services. 3. The Owner /Developer shall construct the deferred improvements, in accordance with the City's engineering standards in effect at the time of construction. 4. Upon completion of the deferred improvements by Owner /Developer within one (1) year from the date of this Agreement, or later time as may be mutually agreed upon in writing by both parties, and upon acceptance of the deferred improvements by the City Engineer and upon compliance by the Owner /Developer with the remaining terms of the Deferment Agreement, the City Engineer shall: a. Immediately release Owner /Developer from the obligations to construct the deferred_improvements by mailing a Release Letter to: Owner:Developer: Hunter CC I, LP Attn: Scott Rohrman 3890 W. Northwest Highway, Suite 100 Dallas, Texas 75220 b. Return to the Owner /Developer within sixty (60) days of the completion of the construction of the deferred improvements and settlement of the construction costs, or within sixty (60) days of acceptance of the deferred improvements, whichever is later, any balance remaining of all monies received by the City from the Owner /Developer. Deferment Agreement Hunter CC 1, LP and City of Corpus Christi Page 3 of 6 5. If the deferred improvements have not been completed within one (1) year from the date of this Agreement, or if the Owner /Developer fails to deposit any increased security as set out below, after notice to the Owner /Developer and opportunity to cure as stated in Paragraph 9 below, the City will transfer the money received to the appropriate City fund and the City may begin completion of the construction of the deferred improvements. If City constructs all or any part of the required improvements, the Owner /Developer shall reimburse the City for any additional cost of the deferred improvements, if the sum of money proves inadequate to complete deferred improvements within thirty (30) days after City completes the required improvements and bills the Owner /Developer. 6. The City and Owner /Developer agree that if the Owner /Developer formally vacates the current plat, with approval of the Planning Commission, prior to the deadline for completion of the construction of the deferred improvements, any money received by the City from the Owner /Developer remaining on deposit will be released and immediately returned to the Owner /Developer. 7 If Owner /Developer defaults in any of its covenants or obligations under this Deferment Agreement, the City Engineer will send the Owner /Developer and the Project Engineer written notice by certified mail, return receipt requested, advising Owner /Developer of the default and giving Owner /Developer thirty (30) days from date of receipt of the letter to cure the default. If the Owner /Developer fails to cure the default after receipt of the notice and opportunity to cure, the City Engineer may transfer any monies received and interest earned to the appropriate fund of the City to complete the deferred improvements. In the event there are any monies received by the City from the Owner /Developer remaining after the City has completed construction of the deferred improvements, the excess monies, both principal and interest, shall be refunded to the Owner /Developer within sixty (60) days of the completion of construction of the water and wastewater improvements and settlement of construction contracts. 8. The City reserves the right not to issue Certificates of Occupancy for this development until the deferred improvements are installed and accepted by the City Engineer. 9. The Owner /Developer agrees that the City, after notice in writing to the Owner /Developer and Project Engineer, may accelerate payment or performance or require additional financial security when the City Engineer deems itself insecure as to the prospect of payment or performance on a demonstrated reasonable basis. 10. The Owner /Developer covenant to construct the deferred improvements, and that this covenant shall be a covenant running with the land. 11. The City Engineer, at Owner /Developer's expense, shall file of record this Deferment Agreement in the records of Nueces County. Deferment Agreement Hunter CC 1, LP and City of Corpus Christi Page 4 of 6 12. No party may assign this Deferment Agreement or any rights under this Agreement without the prior written approval of the other party. 13. Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and sent by certified mail, return receipt requested. Any party shall, by notice to the other in accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. 14. This Agreement shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County, Texas. 15. The Owner /Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached to this Agreement as Exhibit 4. 16. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 17. This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Owner /Developer from and after the date that all original copies have been executed by all signatories. EXECUTED IN Triplicate originals this* day of , 2012. Signatures found on pages 5 and 6. By: THE STATE OF TEXAS § COUNTY OF DALLAS § Deferment Agreement Hunter CC I, LP and City of Corpus Christi Page 5 of 6 OWNER/DEVELOPER: Hunter CC 1, LP 3890 West Northwest Highwa Suite 100 Dallas, TX 5220 Scott Rohrman Manager of Hunter D, LLC as General Partner of Hunter CC I,LP This instrument was acknowledged before me on ( , 2012, by Scott Rohrman, as Manager of H ,ter D, LLC, a Texas limited li bility company, as General Partne •f Hunter CC I,LP, a Te : s limited partnership. Public, State ' f Texas TINA MCCIARY MY COMMISSION EXPIRES April 22, 2016 Deferment Agreement Hunter CC I, LP and City of Corpus Christi Page 6 of 6 CITY OF CORPUS CHRISTI ( "City ") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880 -3500 Facsimile: (361) 880 -3501 ATTEST: By: By: Armando Chapa Toby Futrell City Secretary Interim Assistant City Manager THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of , 2012, by Armando Chapa, City Secretary, for the City Of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of , 2012, by Toby Futrell, Interim Assistant City Manager, for the City Of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State Of Texas APPROVED AS TO FORM: This day of , 2012. Carlos Valdez, City Attorney BY: Lilia K. Castro Assistant City Attorney 50 N0' 01' 14' W 1 26.04 SII 1589'59'37'E 250. 56' BLUE CHIP INDUSTRIAL TRACTS MK 1, LOT 3, V. 47, P. 28. M R I„I N89° 58' 51' E "1 250. 21' 20 68' UE, CITY ORO. N0. 9996 103. 47' TEXAS RR COMMISSION DATA, KOCH PIPELINE COMPANY ABANDONED 4.5' DIAMETER CRUDE OIL PIPELINE SOLD TO 'PIPELINE REMOVAL' FOR SALVAGE 1=11.26'35' R=931. 46' T=9333' 1=186, 03' CHYS 44' 22'V CH=185. 72' 15, UE ri J 4" II — cd D4 1 r- zJL,0co 9N 171 NII >1U Q 0 Z _., 1 O 250 24' 15'UE w 6.1 (Li U7 p O IIT L- c.) .-.T/) 2 225 A0 TRRLT, DOC 984013, FO 5/8' I. R. N89' S6' 46.E 0.55'FRON PROPERTY CORNER N89' 56' 46' E 349. 69' 21. 00' BLU CHIP INDUSTRIAL TRACTS BLOCK 1, LOT 4 592,724 SF = 12.459 A0 EAST 729. 79' 295. 61 m �Tpn .. 6 -15. 00' WEST 729. 72' 98. 07' ABANDONED PIPELINE TO LOT CORNER 404. 18' 391. 96' 171 9 + 104 WEST 99. 9' '° 2 3 4 5 6 7 8 9 10 11 BUCK 1, STARCREST PLACE UNIT I, V. 38, P. 13, R STATE OF TEXAS COUNTY OF 5 WE, HUNTER CC 1, LP, A TEXAS LIMBED PARTNERSHIP. HEREBY CERTIFY THAT WE ARE THE OWNERS OF THE LAND EMBRACED WITHIN THE 800404RIE5 OF THE FOREGOING PLAT, SUBJECT TO A LIEN IN FAVOR OF TIXAS CAPITAL BANK, N. A, THAT WE HAVE HAD SAID LAND SURVEYED AND SUBDIVIDED AS SHOWN, THAT STREETS AND EASEMENTS A5 SHOWN HAVE BEEN HERETOFORE DEDICATED. OR IF NOT PREVIOUSLY DEDICATED. ARE HEREBY DEDICATED TO THE PUBLIC USE FOREVER, AND THAT THIS PLAT WAS MADE FOR THE PURPOSES OF DESCRIPTION AND DEDICATION. HUNTER CC I, LP, A TEXAS UMITED PARTNERSHIP EAST 55. 00' TO LOT LINE -1 N B4gS: 1. THE YARD REQUIREMENT. AS DEPICTED, IS A REQUIREMENT OF THE (UDC) UNIFIED DEVELOPMENT CODE AND IS SUBJECT TO CHANGE AS THE ZONING MAY CHANGE THE RECEMNG WATER FOR THE STORM WATER RUNOFF FROM THIS PROPERTY IS THE OSO CREEK. THE TCEQ HAS NOT CLASSIFIED THE AQUATIC LIFE USE FOR THE OSO CREEK. BUT R IS RECOGNIZED AS AN ENWROMENTALLY SENSITIVE AREA THE 050 CREEK FLOWS DIRECTLY INTO THE 050 BAY. THE TCEQ HAS CLASSIFIED THE AQUATIC LIFE USE FOR THE OSO BAY AS 'EXCEPTIONAL' AND 'OYSTER WATERS' AND CATEGORIZED THE RECEMNG WATER A5 'CONTACT RECREATION' USE. THE SUBJECT SITE LIES IN FEMA ZONE 'C' PURSUANT TO FEMA FLOOD INSURANCE RATE MAP. COMMUNITY PANEL 485464 165 C, CITY OF CORPUS CHRISTI, NUECES COUNTY, 1EXAS, REVISED JULY 18, 1985. SET 5/8' I.R.'S AT ALL CORNERS UNLESS OTHERWISE NOTED. THE BASIS OF BEARINGS IS THE NORTH BOUNDARY LINE OF STARCREST PLACE UNIT 1, V. 38, P. 13, M. R., VEST, AS SHOWN. IF ANY LOT IS DEVELOPED WITH RESIDENTIAL USES, COMPLIANCE WITH PUBLIC OPEN SPACE REGULATIONS WILL BE REQUIRED DURING THE BUILDING PERMIT PHASE EAST 55.00:-.77-0 5112 PRIVATE DE, TO LOT LINEI DDc N0 0' \ 2012008250, 0 P. R 5' UE 12�10 UE I \ 5/6' I. R EAST 063' 10 T3 14 01 I FROM PROPERTY CORNER 0 50' 100' 200' SCALE' 1'= 100' BY: HUNTER D. LLC. A TEXAS LIMITED LIABILITY COMPANY. R5 GENERAL PARTNER BY: STATE OF TEXAS COUNTY OF 8 SCOTT ROHRMAN, MANAGER THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THE DAY OF2012, BY SCOTT ROHRMAN, MANAGER OF HUNTER D, LLC, THE GENERAL PARTNER OF HUNTER CC I, LP, A TEXAS LIMITED PARTNERSHIP, FOR AND ON BEHALF OF SATO PARTNERSHIP. THIS THE DAY OF NOTARY PUBUC IN AND FOR THE STATE OF TEXAS 1.1 JI II AGNES ST.2SH 44) 1I 'SITE' LENIN! S . LOCATION MAP yI NEPTUNE ST. J L I. = 1000• ENTARUS ST. PLAT OF BLUE CHIP INDUSTRIAL TRACTS, BLOCK 1, LOT 4, A 12. 459 ACRE TRACT OF LAND, MORE OR LESS, A PORTION OF J. C. RUSSELL FARM BLOCKS, BLOCK 11, A MAP OF WHICH IS RECORDED IN V. 28, P. 58 6 59, MAP RECORDS, NUECES CO. , TX CORPUS CHRISTI, NUECES COUNTY, TX BASS & WELSH ENGINEERING 3054 S. ALAMEDA STREET CORPUS CHRISTI, TEXAS 78404 DATE PLOTTED 5/11/12 COMP. NO., PLATJIWG JOB NDA 11044 SCALE, 1' = 100' PLOT SCALE, SAFE SHEET 1 OF 1 STATE OF TEXAS 5 COUNTY OF NUECES 4 I, NIXON M. WELSH, REGISTERED PROFESSIONAL LAND SURVEYOR OF BASS & WELSH ENGINEERING, HEREBY CERTIFY THAT THE FOREGOING PLAT WAS PREPARED FROM A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND IS TRUE AND CORRECT. THIS THE _ DAY OF 20 . STATE OF TEXAS COUNTY OF 5 S NIXON M. WELSH REGISTERED PROFESSIONAL LAND SURVEYOR. TEXAS NUMBER 2211 WE, TEXAS CAPITAL BANK, N. A, HEREBY CERTIFY THAT WE ARE THE HOLDERS OF A UEN ON THE LAND EMBRACED WITHIN THE BOUNDARIES OF THE FOREGOING MAP AND THAT WE APPROVE THE SUBDIVISION AND DEDICATION FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED. BY: STATE OF TEXAS S COUNTY OF 5 THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY (NAME), (TITLE) OF TEXAS CAPITAL BANK. N. A THIS THE. DAY OF 20 STATE OF TEXAS S S COUNTY OF NUECES NOTARY PUBLIC IN AND FOR THE STATE OF TOMS THE FINAL PIAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES OF THE CRY OF CORPUS CHRISTI, TEXAS. ARMAN00 GUTIERREZ, JR., P.E. DEVELOPMENT SERVICES ENGINEER DATE STATE OF TEXTS 5 COUNTY OF NUECES 8 THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED BY THE PLANNING COMMISSION ON BEHALF OF 1HE CITY OF CORPUS CHRISTI, TEXAS. THIS THE DAY OF CHAIRMAN DANIEL MCGINN, AI.C.P. RUDY GARZA SENIOR CITY PLANNER STATE OF TEXAS 5 COUNTY OF NUECES 5 I, DIANA BARRERA, CLERK OF THE COUNTY COURT IN AND FOR SAID COUNTY. DO HEREBY CERTIFY THAT THE FOREGOING INSTRUMENT DATED THE DAY OF 20 WITH ITS CERTIFICATE OF AUTHENTICATION, WAS FILED FOR RECORD IN MY OFFICE THE DAY OF 20 AT O'CLOCK AND DULY RECORDED THE _DAY OF 20 AT O'CLOCK _.M. IN THE MAP RECORDS OF SAID COUNTY IN VOLUME PAGE INSTRUMENT NUMBER WITNESS MY HAND AND SEAL OF THE COUNTY COURT IN AND FOR SAID COUNTY AT OFFICE IN CORPUS CHRIST, NUECES COUNTY, TEXAS, THE DAY AND YEAR LAST WRITTEN. BY: DEPUTY DIANA BARRERA, CLERK COUNTY COURT NUECES COUNTY. TEXAS A ESA CDT MINOR. .fIT1r,TIWc WPM. COMM. Or 0.(0.2 597MICATIONS AS 16.0 PO. TO MSS NOM 04060.6 MAT.. 9411.00. A COM CS DM STC 022.14 025210 MS 0211. nsame - NOP 51.911 023,112 K. Mai ra• POT MI A5.41. 0.0101 PMMOS 06611 COMM. ROOM. 96 OPP6.5 TOMM. M.. COM. COCMCJOM NSW PPM Mer ISSPIAT Or .101 mes 964. RAM MM. 013 ro. IFOR ROM M. Ax wwnsa No 5191.M.xeman 9.1. 5.46.7.0 COM 0.0r14 O u n CO OW3LCE AVO aro M.. NOTES ' / mart mo 26 ILL VOL .5115.0 tw.... M.ALL COPCROS 1.6C CR MC PM= 9.1. 60 M AmSSMIM i " ' MOO SOC., n.aoose :M1 POW.. COO. 00104 116 CUM Sr.. STROP. STOOP WPM 8 COML. 5.1. LOATINDITIL AND OT.R RM.. SIGRO 10 M.. 110..(0.0 MIC9 CMSTILOCT. TO NOM 1112 am Or NS PLANS Ca WU SC T. CAM Or . 09POWTOR la M. OJT ALL afp.4 SAMOAN RS Tr PALS MM. ASO TM COST 0, 5031 MIX SP.. NC AMC /11C 114.9 o. fpr M rat au C vQa.a4 •or wnur mq a nm tna iR/iflt SIMS2L CONELBUSZON oIMPROWOIMENTS �rO MILIGIA FL, OO COG( 9 LOT 41, MSO OJu—LLR100 1J 09NU ECES CO., Th YNIDliSSMS I. PRO. 1111PAT lop. Al ALL APO 19 .091. TTSP. la cam Nom 5cam p. 6.50.0 4.9 oompor RAMS RAS.MT A MORS AS 9.4. C061.9 R50,6 AT CIO COS CR PPM AJO 411.0.0. MAN FOR wArm moo NN..v AO TNN. OR I®w lmimw.twTOa... AS.0P•rc 0.11.191) leol 00 <GOESTRIX11.0 IC00161.11101 CM AA.. MOM 1 .w." 40.01. wn. m. S.C.SMO WM PI LO9 Ilme 10 A Rana 00 0,, WE CO .m..H " LEIRIA NOM CUT MUT ISCC ILOR MIT C9 PA. ELMS. .0104 FIPCMI LC PiuS51% Pm .06 PAP lows. 4840915 Clorrs. TM. MAI. 0090 PRP nammin 1r a. 19 CONMOS PPS NOP 2.3 5081 SA161. SOP Or WYE Or M. MST DSO.' PPM( Mil INV Ioa. TANO .1.10106/0 CALL BEFORE YOU DIG! 640 MPOSPANSO P£19.26, 48 NCRIM 1502.8 0101. 0.91. CTA lAST - MOP CALL C. TINS boo- 82.15-oin OROS. TNS LONE SYat 1.01.100. Ai 1 Tm0-ees-a. MOB «04.3.1 SWIM MIMI NOM CONIRAMOR 5109. POOL. NO 1.1. 03.911CNS TRI fMRCTM"� BENCHMARK rm. " 61 04.9...10.01 PO. 4.50 Tem aCf 5 B ! Y E =LJI Nxs iT. .(91 L 2 L MAT ,I DNZMAP SHEET INDEX SHEET 1 COVER SHEET AND MISCELLANEOUS INFORMATION SHEET 2 STORM SEWER, SANITARY SEWER AND WATER PLAN STORM SEWER AND SANITARY SEWER PROFILES SHEET 3 APPROVED CRY STORM WATER DETAILS AND ESTIMATE SUMMARY SHEET 4 APPROVED CRY SANITARY SEWER STANDARD DETAILS SHEET 5 APPROVED CITY WATER STANDARD DETAILS nevem 4PPA(Yenn CI4'Y" CORPUS NOILLOPCIL 16.11110.1 CCL LP 5.414 5 to BASS AND WELSH ENGINEERING TX RSO4TRAOON NO. F-52 ]044 S. NMQIM MEET CORPUS CHRISM MOS MOH OATS IMPROVEMENTS TO BLUE CHIP INDUSTRIAL TRACTS. BLOCK 1, LOT 4 CORPUS CHRISTI, NUECES CO., TX COVER SHEET AND MISCELLANEOUS INFORMATION Nmi't f. u..c.vOTT. gy♦y(la.m�.r_or_ OP11t.+CP. PH Enfrrt. 2620 1619158' 51' E 250. 21' CL AGNES ST. eirirtaf " 02+559' 37'E 250, 56' .ISTING U.' VTR 223 IPACT, .4013. OA A 1199156'46'E 345 69' PROP, 121PVC 1ITR BLUE CHIP INDUSTRIAL TRACTS BLOCK 1, LUT 4 THIN PALMS TRACT 2, V,46,P,52,)06 S"4 WM* OFFSITE WATER PLAN (TO NORTH) WIN PALK TRACT SANITARY SEWER BASE MAP SET 1.2. WATER 1.1tE PROP. PRIVATE 42' RCP STORM SEWER LINE '0' 80,050 zp4r4.-Finfg mrzforw LZZg MAT-4Z0MsT"' 799, 63 'Af9, T.45%7 -M. PROP. PRIVATE 42' RCP STORM SEWER LINE '4' 80,000 la PROP. B. PVC SS LINE 'A' @ 0.4',i 0....--EXI07I1X 270 zrzrertr. PAtVA1-2 — 4 n mnring. PROP, 42' RCP STO @ O. 057 1101.0.VM: 0 Mr arj: 97 2 8+00 7+00 6+00 5+00 4+00 3+00 2+00 +00 17 LB 19 zo n.7737-tsg 0+00 PROFILES - SS LINE '6' AND STO SEWER 1,080 '4' 45 40 35 30 25 az 23 -PROP. B' PVC SS LINE 'A' @ O. 4% ,no u.. 2ti. AU %la VIZIN70,11"' 3123/12 FOVE9 SSITA P -t TO VEST Al',7 rtt-zr BASS 9 WELSH ENGINEERING SIIMED RE. NO 100027-00. TX ENGINWONG NE. NO. 15-5. 3054. At0490A SOktl, CORPUS CHRIS% TEO. 764 IMPROVEMENTS TO BLUE CHIP INDUSTRIAL TRACTS, BLOCK 1, LOT 4 CORPUS CHRISTI, NUECES CO. , TX STORM SEWER, SANITARY SEWER AND WATER PLAN STORM SEWER AND SANITARY SEWER PROFILES 06 - scat oo CUTE PLOTTED .50/12 Np, JOB X0 11. SHEE,Lu 5 .FT11.it — _______ . . iF, PROP. 42' RCP STO @ 0. 05%- \ '''-PREIP, 42 F CP STO 0 0 \ r- lir crtor ! T PROP. SS 8' PVC @ 0. 4% PRIV, 8' P70 SS @ 0. 4% . ft za ol Ina . Wrier PROP, SS 8' PVC 2 0. 40 1Et ''.... . PROFILES - SS LINE '6' AND STO SEWER 1,080 '4' 45 40 35 30 25 az 23 -PROP. B' PVC SS LINE 'A' @ O. 4% ,no u.. 2ti. AU %la VIZIN70,11"' 3123/12 FOVE9 SSITA P -t TO VEST Al',7 rtt-zr BASS 9 WELSH ENGINEERING SIIMED RE. NO 100027-00. TX ENGINWONG NE. NO. 15-5. 3054. At0490A SOktl, CORPUS CHRIS% TEO. 764 IMPROVEMENTS TO BLUE CHIP INDUSTRIAL TRACTS, BLOCK 1, LOT 4 CORPUS CHRISTI, NUECES CO. , TX STORM SEWER, SANITARY SEWER AND WATER PLAN STORM SEWER AND SANITARY SEWER PROFILES 06 - scat oo CUTE PLOTTED .50/12 Np, JOB X0 11. SHEE,Lu 5 Ir.A ereaPers feta .4 �56)E ACRE v.W� 111106, RAM AS MEASURED PARALLEL TO CL Of CAT. SMALL OE Pet OD. r�,10 or - crus' —. PA. VA.1R3N CeOKVIwBareta 9 C"a[Y SO' ,.. III Ili ® F $F' •,9I CSN ��a {$ f ,� E M Ca__ .� ''''Ir rr„z�a PPE or.rO S(OFM� PLU5 J6' (YlT6W K. wrt 9ZE //5[i r,(IS OIMFNSIaN LSH Twi fIIt' it IST01lUING / PFIT T SE -V rQt In RSC[ FUN \ MCN, IaCKA 12 LOVER (Nih 1' _ Yxffi �r� F— II fir ll� nme w:Hrarcc uL ma ureic mix 6 6- mrm. u e xx,= rxvvr,eovr. vucro ix wxc l9 aero Vara. TYPI' I� - PREP• 1 .® ,+_ ') 4'§Si i ...,„,P--FP . r@aren 866..=.64 �a 6o $ 'qz $ �p � o M1tivi $ `� E Q __ ms's' ' vu.o.....mwaOxen e idle, ,,,�,,,,, -. r?�. CONCRETE LINING IN DITCH AT END OF „�.72.-..yyF. i8r&e`Itrza” C".....-1 a ''� �[ _y Jaz ¢sara— „ a-iw.x�uso sue.cc @A' v�^'@e COVERA @06f PROPOSED STO. PIPE ,� 1 ' ... '®�" ' 2 ra ',7:-.7.#7:7":7-.' ns-a7-7----pppp !' /_.n.m emLW NPN.emlE MO4 COVEaNOR] II m,-- _ r irtw.wHa RAMP 0.13vEREPIS VMS norca.m r�r @ ,�' .�-..- 3 Le le CAR Mar WASSA ...... lenerM flee:��peemw -a .r ,.., 3 IS EL NN Nue EA DO IN Olr. 1 Le 1 rwQ/- —7,..,,,. 66666,66 6 . .Lw 6v KAMM m Y 4 EA . -1.51. A lla RAMS maw796mar EA _, `y4 i_-m L o_ea - `�. r i-Paa.@wrs .. Pr.. ° .a u 1?•ira —, m...<,., 1.91.3 COMERUETION ...e.ng6 la RR r� AV i __ ...z _ — 'c' = @ Mw6 a„®® LS w .. ,. P..@ONr VAPOURSPLO saw URN. WETS RIR w rur PIP " AO."' `Fli (oem.e "`r°"n ' .1,64,-A, ... „C.�?,. • triniDe WAS 1(6(12 MGi@O4.m /01.1,...,.....r CN fo66'CO fiaRL6Na3 ®1a-- �g jj j 31� 8 '� ` . @HIERA6 NOTWSIAR IAORIel L.,, J Lw+o®--®a :AAAA® AMAX ,AMAirla - S or a$a a. m a� a ° g ° �, `,�• o -....-,.o.,...... .. dr' _ _ mnrrifer• a er ~-�.-.-v -m -- �- Y B0.55 AND WELSH ENGINEERINGSTREETCORPU w rn+ 1 .Wmv .6 s roma ry nrt ..+ rano- wr m umv mm.cv —I r% 154RTRr.SHa. P'IsiMSS Ssi(D. 6404 eew �yT- .= CTI .MIIOWIKINCOPIE M, --Ara RAW w e@wvCAVIANOVITAAs r•w-., .a.--.e..er.- �"•�ewv.-.- �33Y>T•.'7�.: CITY ORPUS CHRI TI IMPROVEMENTS TO BLUE CHIP INDUSTRIAL TRACTS, BLK 1, LOT 4 CORPUS CHRISTI, NUECES CO.. TX Nisi -- ---• et ..-.. r-.�aas+i 1.f.1,- .< .._ _._ ate_^•_^„�^ T S_.. ij �v+ / TE 7.ZT•?JlT APPROVED CITY STORM WATER DETAILS ESTIMATE S66' YY eK :r=-..,^-46:47.1.1=3.-6376=3,7.1.3.-- <1 am s®¢r / Ox x ma sc. Mnnv LMA, JO. PO il36 o 36636 3 06_ rt t( -n/ IMO MEM.= MIMI. 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I . ,-3-1, -1,- — - • Th?"",,........TaSm WI ""'"*"` FOR VolfrEwArER LINES GENERAL NOTES FOR EAC10.11.1 gcr = - alor..t — „...,, 5 -- .." ^;---.• ,ro fa-els:01a arrela -,..-"--------... ..-.-----------... 11111•11IBUS.IIIMOINDIS -.T-2.--kir.- -Eldfir,...21- 0 ; t . , gliA101 *air — \ ' r- -AT -,-saa.. '' 1 ,E2 2 4 E MP cap. ex. ........ .,.. , ' •-• — =.11.2 ......1=.1.1,1,- rifirj —:,.„7-717E =------- ittrAnr 1,Z.: ...SAS. •=-..,:=,••=.."-^` •;::::::7:-'"°'-`"----"- , l?, rws wen" ,............,......-- --- : .7°-: --,.„ .:r..-77.-:,- R, ----- .• =ASV= MA :::„.„..„.. - •-• tr,,,,.... PP 0 I COHN re. E.....---,..., .— 1..... 1..._.,1 F.:47,7,-,.. ...r. 47. •,,' :... _18:618331. ,.. ......—.....,.... . ii. m ...44 str-rarows,...• — - — .'"--- AlSriMattre= — I.17-,44-Ar.z,•,;.=7...tcr,,.1 0 APPROVED CITY ORPUS C I TE 7 .27 - BASS AND WELSH ENGINEERING 10 REGIST.110.1 NO. F-52. 3054 5 NAVE. Sing CORPUS .1.11. M. 704. I MPROvEMENTS TO BLUE CHIP INDUSTRIAL TRACTS, BLK 1, LOT 4 CORPUS CHRISTI, NUECES CO. , TX APPROVED CRY SANITARY SEWER STANDARD DETAILS pap. oac PLOT SC.41, SC. 00: -6112.1_ soul -15.115201_ 0011 PLOTTED 30/12 COM. +00 m0 svccr or DEB CITY 0 APPROVED ORPUS CHRISTI ATE 3 AND WELSH ENGINEERING t110N N0. F-51. 3034 S. ELME. STREET CORPUS CHRISR, TEXAS 18404 IMPROVEMENTS TO E CHIP INDUSTRIAL TRACTS, BUR 1, LOT 4 CORPUS CHRISTI, NUECES CO., TO APPROVED CITY WATER STANDARD DETAILS M P�oit[o a aMf+1 JOE ES SHEET . 55 5 �� w ww_�.�__w_�waws �, ro_ ~`� __m:4 r,.. I 111 �IIII■I± 118gfi ip eI hE3 8. r :4LNY1��1.� ,._® _w '� w_.._._ whir ..�wa %/////G`1x ®..w %//.moo, s �P 'v.m... Yip '^'rte. '_'m' 4gi"I 1[�6Rfta . ' CW.-1X-S+L's fYnMt it.C?tay aEF .... E. .�3 .__� f p A ... . Y, r.-} ._-.rmc WM. �� ... +� �t� ''a•�� ki ww,..ww : _,h w. _ _ _ _®..e_... —j _.,_..mm,wwvs... .wr.r.r..-..w, 1 " _':,:o�ww_ ....� 9r}�' _ w4...NED '°°ma .w.. ......_.w.w_ ._ .. www_ _.w EVER LTSTIESEMS STEW SEME. NO. MEOW/ www. a -1 l " I w w—wII _lasI ',. SAMAR° WA. OVALS a �1#0 ext wwww awarTI ti as .e.aAAA.. ✓arae --- n. e w _ www�wa.._u w� .=<..rmJL b.w f. li_� ... ... ......... www .A__. orm lataaa AMMO' CONNECTION �wIry DEB CITY 0 APPROVED ORPUS CHRISTI ATE 3 AND WELSH ENGINEERING t110N N0. F-51. 3034 S. ELME. STREET CORPUS CHRISR, TEXAS 18404 IMPROVEMENTS TO E CHIP INDUSTRIAL TRACTS, BUR 1, LOT 4 CORPUS CHRISTI, NUECES CO., TO APPROVED CITY WATER STANDARD DETAILS M P�oit[o a aMf+1 JOE ES SHEET . 55 5 Exl -rarT 3 BLUECHIP INDUSTRIAL TRACTS, BLOCK 1, LOT 4, PLATTING REQUIRED IMPROVEMENTS COST ESTIMATE 11044 -PCE 3/29/2012 STORM SEWER IMPROVEMENTS QUANTITY UNIT UNIT PRICE AMOUNT 1. 42" RCP 796 LF 86.50 68,854.00 2. TYPE "A" MANHOLE 3 EA 4,000.00 12,000.00 3. R/C RIPRAP STRUCTURE AT PIPE END IN DITCH 1 EA 2,500.00 2,500.00 4. PLUG AT PIPE END 1 EA 500.00 500.00 5. CLEARING AND GRUBBING ASSOCIATED WITH STORM SEWER 1 LS 1,500.00 1,500.00 6. TRENCH SAFETY FOR STORM SEWER 796 LF 2.00 1,592.00 TOTAL STREET IMPROVEMENT ITEMS $86,946.00 SANITARY SEWER IMPROVEMENTS QUANTITY UNIT UNIT PRICE AMOUNT 1. 8" PVC PIPE 737 LF 66.50 49,010.50 2. 8" PVC PIPE DROP CONNECTION 1 LS 6,500.00 6,500.00 3. MANHOLE, FG 3 EA 4,500.00 13,500.00 4. PLUG AT PIPE END 1 EA 600.00 600.00 5. CLEARING AND GRUBBING ASSOCIATED WITH SANITARY SEWER 1 LS 1,500.00 1,500.00 6. TRENCH SAFETY FOR SANITARY SEWER 737 LF 3.00 2,211.00 TOTAL SANITARY SEWER IMPROVEMENTS $73,321.50 WATER IMPROVEMENTS QUANTITY UNIT UNIT PRICE AMOUNT 1. 12" PVC PIPE 1425 LF 34.00 48,450.00 2. 12" GATE VALVE W /BOX 3 EA 2,250.00 6,750.00 3. 12" EL, ANY ANGLE 2 EA 700.00 1,400.00 4. 12" TEE 4 EA 725.00 2,900.00 5. 12" TAPPING SADDLE WITH 12" TAPPING GATE VALVE 1 EA 5,700.00 5,700.00 6. FIRE HYDRANTASSY 4 EA 2,100.00 8,400.00 7. 6" GATE VALVE W /BOX 4 EA 900.00 3,600.00 8. 6" EL, ANY ANGLE 4 EA 375.00 1,500.00 9. 6" DIAX 30" PVC PIPE 12 EA 125.00 1,500.00 10. TRAFFIC CONTROL & BARRICADING DURING CONSTRUCTION AND PREPARE TRAFFIC CONTROL PLAN 1 LS 500.00 500.00 11. TRENCH SAFETY FOR EXCAVATIONS WHERE WATER LINE IS DEEPER THAN 5' 200 LF 2.00 400.00 12. PAVEMENT PATCHING 1 LS 2,000.00 2,000.00 13. ALLOWANCE FOR ADJUSTING GAS LINE AT AGNES ST. 1 LS 6,000.00 6,000.00 TOTAL WATER ITEMS SUB -TOTAL CONSTRUCTION TESTING SUBTOTAL 10% ENGINEERING and SURVEYING TOTAL 110% OF TOTAL Page 1 of 1 $89,100.00 $249,367.50 $2,300.00 $251,667.50 $25,166.75 $276,834.25 $304,517.68 E?(froscr f f CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". FIRST NAME: 111"1"-4 CC- 1 L P STREET: Psi° kiJe4 NO CITY: Do Ita-> , TX ZIP: 75—z as FIRM IS: pl. Corporation 12. Partnership o3. Sole Owner o4, Association 05. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named lime. Name Job Title and City Department (if known) 1\4 2, State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title /A, /A 3, State the names of each "board member" of the City of Corpus Christi having an "ownership interest» constituting 3% or more of the ownership in the above named "firm". Name fb,‘ Board, Commission, or Committee /A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 35 or more of the ownership in the above named "firm". Name Consultant CERTIFICATE (To be notarized) 1 certify that all information provided is true and correct as of the date of this statement, that 1 have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. v C Certifying Person: 14 Title: r vv,c,:v1 (Type or Print) 3 / Signature of Certifying Person: Date: ° t HAPLN-DIR\SHAREDNApplication Forms\BCC APPME3CC App-Small Large Scale Master Plan Development.doc Page 3 AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: TO: FROM: 6/13/2012 (Revised) Ronald L. Olson, City Manager Mark Van Vleck, Interim Director, Development Services MarkVV@cctexas.com (361) 826 -3246 Request for a Deferment Agreement and Grid Main Extension Construction and Reimbursement Agreement with Hunter CC 1, LP, developer of Blue Chip Industrial Tracts Subdivision, Block 1, Lot 4 CAPTION: A. Motion authorizing the City Manager to execute a Deferment Agreement with Hunter CC 1, LP, (Developer), in the amount of $304,517.68 for public improvements for Hunter CC 1, LP located south of Hwy. 44 (Agnes St.) on S. Navigation Blvd. in accordance with the Unified Development Code Section 8.1.10, contingent upon receipt of a Letter of Credit approved by the City. B. Ordinance appropriating $80,887.47 from the No. 4030 Water Arterial Transmission & Grid Main Trust Fund to reimburse Hunter CC 1, LP, for the extension of a 12 -inch grid main line, including all related appurtenances for development of Blue Chip Industrial Tracts Subdivision, Block 1, Lot 4, as specified in the Water Grid Main Line Extension Construction and Reimbursement Agreement and declaring an Emergency. C. Motion approving the Grid Main Extension Construction and Reimbursement Agreement submitted by Hunter CC 1, LP, owner and developer of Blue Chip Industrial Tracts Subdivision, Block 1, Lot 4, located south of Hwy. 44 (Agnes St.) on S. Navigation Blvd. for the extension of a 12 inch Grid Main line, including all related appurtenances. BACKGROUND AND FINDINGS: Hunter CC 1, LP, is requesting a Grid Main Extension Construction and Reimbursement Agreement for the platting and development of Blue Chip Industrial Tracts Subdivision, Block 1, Lot 4, as shown on the final plat (Exhibit 1). The subdivision is located South of Hwy. 44 (Agnes St.) on S. Navigation Blvd. The proposed improvements will provide adequate water to the proposed Industrial development. A layout of existing and proposed improvements is included as (Exhibit 3). The developer has submitted a Construction Cost Estimate (Exhibit 4) and supporting documentation in compliance with provisions of the Unified Development Code, Section 8.5.2. A total of 1,425 -feet of the proposed 12 -inch water line will be part of the Grid Main System and is eligible for reimbursement. The total installation cost of the Deferment Agreement and Grid Main Extension Construction and Reimbursement Agreement with Hunter CC 1, LP June 19, 2012 Page 2 improvements submitted by the developer for the 12 -inch water Line is $80,887.47. The water line will be part of the Grid Main and thus 100% reimbursable. A detailed breakdown of the Engineer's cost estimate is included (Exhibit 4). A Grid Main extension construction and reimbursement agreement must be approved by the City Council before the developer starts construction. The reimbursement only shall be made when monies are fully available in and appropriated from the Water Arterial and Grid Main Trust Fund. The order of reimbursement will be determined according to the date the reimbursement agreement is approved by the City Council. ALTERNATIVES: Denial of the Grid Main Extension Construction and Reimbursement Agreement OTHER CONSIDERATIONS: In an effort to accommodate the property owner's request, these items were not presented as Future Agenda items and are appearing only on the Regular Agenda FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 433,224.37 433,224.37 Encumbered / Expended Amount This item (80,887.47) (80,887.47) BALANCE 352,336.90 352,336.90 Fund(s): Comments: A Grid Main extension construction and reimbursement agreement must be approved by the City Council before the developer starts construction. The reimbursement only shall be made when monies are fully available in and appropriated from the Water Arterial and Grid Main Trust Fund. The order of reimbursement will be determined according to the date the reimbursement agreement is approved by the City Council. CONFORMITY TO CITY POLICY: The owner and developer will be extending off -site water to serve the proposed development and has requested reimbursement of qualified construction costs, as provided in the Unified Development Code. EMERGENCY / NON - EMERGENCY: Emergency Deferment Agreement and Grid Main Extension Construction and Reimbursement Agreement with Hunter CC 1, LP June 19, 2012 Page 2 DEPARTMENTAL CLEARANCES: Legal Finance RECOMMENDATION: Staff recommends approval of the motion and appropriation of funds as presented. LIST OF SUPPORTING DOCUMENTS: Final Plat Application for Grid Main Reimbursement Plans and Specifications Engineer's Cost Estimate Grid Main Extension Construction and Reimbursement Agreement Disclosure of Interests Deferment Agreement Page 1 of 2 AN ORDINANCE APPROPRIATING $80,887.47 FROM THE NO. 4030 WATER ARTERIAL TRANSMISSION AND GRID MAIN TRUST FUND TO REIMBURSE HUNTER CC I, LP, FOR THE EXTENSION OF A 12 -INCH GRID MAIN LINE, INCLUDING ALL RELATED APPURTENANCES FOR DEVELOPMENT OF BLUE CHIP INDUSTRIAL TRACTS SUBDIVISION, BLOCK 1, LOT 4, AS SPECIFIED IN THE WATER GRID MAIN LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $80,887.47 is appropriated from the No. 4030 Water Arterial Transmission and Grid Main Trust Fund to reimburse Hunter CC 1, LP, for the extension of a 12 -inch grid main line, including all related appurtenances for development of Blue Chip Industrial Tracts Subdivision, Block 1, Lot 4, as specified in the Water Grid Main Line Extension Construction and Reimbursement Agreement. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Signatures at next page. Joe Adame Mayor K: \DevelopmentSvcs \SHARED \Legistar \CC June 19\ Blue Chip - FedEx \ORD.Blue Chip Appropriation re Water and Grid Main trust Fund.docx Page 2of2 Corpus Christi, Texas day of , 2012 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, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott K: \DevelopmentSvcs \SHARED \Legistar \CC June 19 \Blue Chip - FedEx \ORD.Blue Chip Appropriation re Water and Grid Main trust Fund.docx AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: TO: FROM: 6/13/2012 (Revised) Ronald L. Olson, City Manager Mark Van Vleck, Interim Director, Development Services MarkVV@cctexas.com (361) 826 -3246 Request for a Deferment Agreement and Grid Main Extension Construction and Reimbursement Agreement with Hunter CC 1, LP, developer of Blue Chip Industrial Tracts Subdivision, Block 1, Lot 4 CAPTION: A. Motion authorizing the City Manager to execute a Deferment Agreement with Hunter CC 1, LP, (Developer), in the amount of $304,517.68 for public improvements for Hunter CC 1, LP located south of Hwy. 44 (Agnes St.) on S. Navigation Blvd. in accordance with the Unified Development Code Section 8.1.10, contingent upon receipt of a Letter of Credit approved by the City. B. Ordinance appropriating $80,887.47 from the No. 4030 Water Arterial Transmission & Grid Main Trust Fund to reimburse Hunter CC 1, LP, for the extension of a 12 -inch grid main line, including all related appurtenances for development of Blue Chip Industrial Tracts Subdivision, Block 1, Lot 4, as specified in the Water Grid Main Line Extension Construction and Reimbursement Agreement and declaring an Emergency. C. Motion approving the Grid Main Extension Construction and Reimbursement Agreement submitted by Hunter CC 1, LP, owner and developer of Blue Chip Industrial Tracts Subdivision, Block 1, Lot 4, located south of Hwy. 44 (Agnes St.) on S. Navigation Blvd. for the extension of a 12 inch Grid Main line, including all related appurtenances. BACKGROUND AND FINDINGS: Hunter CC 1, LP, is requesting a Grid Main Extension Construction and Reimbursement Agreement for the platting and development of Blue Chip Industrial Tracts Subdivision, Block 1, Lot 4, as shown on the final plat (Exhibit 1). The subdivision is located South of Hwy. 44 (Agnes St.) on S. Navigation Blvd. The proposed improvements will provide adequate water to the proposed Industrial development. A layout of existing and proposed improvements is included as (Exhibit 3). The developer has submitted a Construction Cost Estimate (Exhibit 4) and supporting documentation in compliance with provisions of the Unified Development Code, Section 8.5.2. A total of 1,425 -feet of the proposed 12 -inch water line will be part of the Grid Main System and is eligible for reimbursement. The total installation cost of the Deferment Agreement and Grid Main Extension Construction and Reimbursement Agreement with Hunter CC 1, LP June 19, 2012 Page 2 improvements submitted by the developer for the 12 -inch water Line is $80,887.47. The water line will be part of the Grid Main and thus 100% reimbursable. A detailed breakdown of the Engineer's cost estimate is included (Exhibit 4). A Grid Main extension construction and reimbursement agreement must be approved by the City Council before the developer starts construction. The reimbursement only shall be made when monies are fully available in and appropriated from the Water Arterial and Grid Main Trust Fund. The order of reimbursement will be determined according to the date the reimbursement agreement is approved by the City Council. ALTERNATIVES: Denial of the Grid Main Extension Construction and Reimbursement Agreement OTHER CONSIDERATIONS: In an effort to accommodate the property owner's request, these items were not presented as Future Agenda items and are appearing only on the Regular Agenda FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 433,224.37 433,224.37 Encumbered / Expended Amount This item (80,887.47) (80,887.47) BALANCE 352,336.90 352,336.90 Fund(s): Comments: A Grid Main extension construction and reimbursement agreement must be approved by the City Council before the developer starts construction. The reimbursement only shall be made when monies are fully available in and appropriated from the Water Arterial and Grid Main Trust Fund. The order of reimbursement will be determined according to the date the reimbursement agreement is approved by the City Council. CONFORMITY TO CITY POLICY: The owner and developer will be extending off -site water to serve the proposed development and has requested reimbursement of qualified construction costs, as provided in the Unified Development Code. EMERGENCY / NON - EMERGENCY: Emergency Deferment Agreement and Grid Main Extension Construction and Reimbursement Agreement with Hunter CC 1, LP June 19, 2012 Page 2 DEPARTMENTAL CLEARANCES: Legal Finance RECOMMENDATION: Staff recommends approval of the motion and appropriation of funds as presented. LIST OF SUPPORTING DOCUMENTS: Final Plat Application for Grid Main Reimbursement Plans and Specifications Engineer's Cost Estimate Grid Main Extension Construction and Reimbursement Agreement Disclosure of Interests Deferment Agreement WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 1 of 10 WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Arterial Transmission And Grid Main Reimbursement Agreement ( "Agreement ") is entered into between the City of Corpus Christi ( "City "), a Texas home - rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277, and Hunter CC I, LP ( "Developer "), 3890 West Northwest Highway, Suite 100, Dallas, Texas 75220. WHEREAS, the Developer, in compliance with the Unified Development Code ( "UDC "), proposes to final plat the Property as shown on the attached final plat known as Lot 4, Block 1, Blue Chip Industrial Tracts ( "Development "), as shown in Exhibit 1 (attached and incorporated); WHEREAS, under the UDC and as a condition of such plat of Lot 4, Block 1, Developer is required to construct a public waterline in order to record such plat; WHEREAS, Developer has submitted an application for reimbursement of the costs of extending a 12 -inch waterline from south end of the subject property north to Agnes Street in order to have a looped waterline consistent with the Unified Development Code (Exhibit 2); WHEREAS, it is in the best interests of the City to have the 12 -inch waterline from south end of the subject property north to Agnes Street installed by Developer in conjunction with the final plat; WHEREAS, Resolution No. 026869 authorized the acceptance of applications to be eligible for reimbursement in the future when funds are fully available in, and are appropriated by City Council, the Collection Line Trust Fund as per the UDC, Section 8.5.1.C(1), and WHEREAS, Chapter 212 of the Texas Local Government Code authorizes a municipality to make a contract with a Developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; NOW, THEREFORE, in consideration set forth hereinafter and in order to provide a coordinated waterline construction project, the City and Developer agree as follows: Subject to the terms of this Agreement and the plat of Lot 4, Block 1, Developer will construct the 12 -inch waterline for and on behalf of the City in accordance with the plans and specifications as are approved by the City Engineer on behalf of the City. Page 2 of 10 1. REQUIRED CONSTRUCTION The Developer shall construct the 12 -inch waterline improvements, in compliance with the City's UDC and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the construction of the 12 -inch waterline, as shown in Exhibit 3, with the following basic design: Install 1,425 linear feet of 12 -inch PVC pipe. Install 1 (one) 12 -inch tapping saddle with a 12 -inch gate valve. Install 3 (three) 12 -inch gate valve with box. Install 4 (four) fire hydrant assemblies. Install 12 (twelve) 6" x 30" PVC pipe nipples. b. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. c. Before the Developer starts construction the plans and specification must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS Prior to the start of construction of the 12 -inch waterline improvements, Developer shall acquire and dedicate to the City the required additional utility easements "Easements ", if necessary for the completion of the 12 -inch waterline. If any of the property needed for the Easements is owned by a third party and Developer is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the UDC for the area of the improvements for the construction of the 12 -inch waterline. The required acreage fees Developer is to pay to the City under the UDC for the 12 -inch waterline improvements will be credited to Developer provided that an application for credit, including cost - supporting documentation, has been submitted to the Assistant City Manager of Development Services prior to the installation of the 12 -inch waterline and is approved. Page 3 of 10 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the improvements to 12 -inch waterline, under the approved plans and specifications, by June 30, 2013. 6. TIME IS OF THE ESSENCE Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. c. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, under the approved plans and specifications, on or before June 30, 2013. f. Either the City or Developer otherwise fails to comply with its duties and obligations under this Agreement. 9. NOTICE AND CURE a. In the event of a default by either party under this Agreement, the non - defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ( "Cure Period ") to cure the default. Page 4 of 10 c. In the event the default is not cured by the defaulting party within the Cure Period, then the non - defaulting party may pursue its remedies in this section. d. Should Developer fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. e. In the event of an uncured default by the Developer, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the Developer under this agreement and charge the cost of such performance to Developer. Developer shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer receives notice of the cost of performance. In the event that Developer pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer has all its remedies at law or equity for such default. 10. FORCE MAJEURE a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, Page 5 of 10 but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer: Scott Rohrman, Manager Hunter CC I, LP 3890 West Northwest Highway Suite 100 Dallas, Texas 75220 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P.O. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change of address for notices by giving notice of the change under the provisions of this section. 12. THIRD -PARTY BENEFICIARY Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS Developer shall require its contractor for the construction of the project, before beginning the work, to execute with Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253 and must be in the form and substance as attached to this Agreement. 14. WARRANTY Developer shall fully warranty the workmanship of and function of the 12 -inch waterline improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. Page 6 of 10 15. REIMBURSEMENT a. Subject to the appropriation of funds, the City will reimburse the Developer 100% of the reasonable cost of the 12 -inch waterline improvements, not to exceed $80,887.47. See attached cost estimate (Exhibit 4). b. Subject to the appropriation of funds, the City agrees to reimburse the Developer on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 -days from the date of the invoice. Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. To be eligible for reimbursement, the work completed in a good and workmanlike manner, and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City as a result of an uncured default by Developer at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer. 16. INDEMNIFICATION DEVELOPER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ( "INDEMNITEES ") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS 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, THE DEVELOPER'S FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING INJURY, LOSS, OR DAMAGE WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION OR INSTALLATION OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT DESCRIBED ABOVE, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF Page 7 of 10 INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SPECIFICALLY INCLUDES ALL CLAIMS, DAMAGES, AND LIABILITIES OF WHATEVER NATURE, FORESEEN OR UNFORESEEN, UNDER ANY HAZARDOUS SUBSTANCE LAWS, TO THE EXTENT ATTRIBUTABLE TO HAZARDOUS SUBSTANCES PRESENT ON THE DEVELOPMENT ON THE DATE THE WORK IS ACCEPTED BY THE CITY OR BROUGHT ONTO THE DEVELOPMENT OR RELEASED WITHIN THE DEVELOPMENT BY DEVELOPER, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (A) ALL FEES INCURRED IN DEFENDING ANY ACTION OR PROCEEDING BROUGHT BY A PUBLIC OR PRIVATE ENTITY AND ARISING FROM THE PRESENCE, CONTAINMENT, USE, MANUFACTURE, HANDLING, CREATING, STORAGE, TREATMENT, DISCHARGE, RELEASE OR BURIAL ON THE PROPERTY OR THE TRANSPORTATION TO OR FROM THE PROPERTY OF ANY HAZARDOUS SUBSTANCE. THE FEES FOR WHICH THE DEVELOPER SHALL BE RESPONSIBLE UNDER THIS SUBPARAGRAPH SHALL INCLUDE BUT SHALL NOT BE LIMITED TO THE FEES CHARGED BY (I) ATTORNEYS, (II) ENVIRONMENTAL CONSULTANTS, (III) ENGINEERS, (IV) SURVEYORS, AND (V) EXPERT WITNESSES. (B) ANY COSTS INCURRED ATTRIBUTABLE TO (I) THE BREACH OF ANY WARRANTY OR REPRESENTATION MADE BY DEVELOPER/OWNER IN THIS AGREEMENT, OR (II) ANY CLEANUP, DETOXIFICATION, REMEDIATION, OR OTHER TYPE OF RESPONSE ACTION TAKEN WITH RESPECT TO ANY HAZARDOUS SUBSTANCE ON OR UNDER THE PROPERTY REGARDLESS OF WHETHER OR NOT THAT ACTION WAS MANDATED BY THE FEDERAL, STATE OR LOCAL GOVERNMENT. THIS INDEMNITY SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THE AGREEMENT. 17. ASSIGNMENT OF AGREEMENT This Agreement may be assigned by Developer to another with the written consent of the City's City Manager. 18. COVENANT RUNNING WITH THE LAND This Agreement is a covenant running with the land, Blue Chip Industrial Tracts, Block 1, Lot 4, a subdivision in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer's successors or assigns. Page 8 of 10 19. DISCLOSURE OF OWNERSHIP INTERESTS Developer further agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 5. 20. AUTHORITY All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 21. EFFECTIVE DATE This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer from and after the date that all original copies have been executed by all signatories. EXECUTED IN TRIPLICATE originals, *this day of , 2012. SIGNATURES FOUND ON PAGES 9 and 10. Page 9 of 10 Developer Hunter CC I,LP 3890 West Northwest Highway, Suite 100 Dallas, Texas 5220 By: Scott Rohrman Manager of Hunter D, LLC as General Partner of Hunter CC I, LP THE STATE OF TEXAS § COUNTY OF DALLAS § This instrument was signed by Scott Rohrman, as Manager of Hunter D, LLC, a Texas limited liability company, as General Partner of Hunter C I, LP, a T as limited partnership, and acknowledged before me on the day of , 2012. otary Public, State of Tex -4" TINA MCCLARY MY COMMISSION EXPIRES Aprl22, 2016 �i CITY OF CORPUS CHRISTI: ATTEST: By: By: Armando Chapa Ronald L. Olson City Secretary City Manager THE STATE OF TEXAS § COUNTY OF NUECES Page 10 of 10 This instrument was signed by Armando Chapa, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2012. Notary Public, State Of Texas THE STATE OF TEXAS COUNTY OF NUECES This instrument was signed by Ronald Olson, City Manager, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2012. Notary Public, State Of Texas APPROVED AS TO FORM: This day of , 2012. Lilia K. Castro Assistant City Attorney For the City Attorney N0' 01' 14' W 26. 04' BLUE CHIP INDUSTRIAL TRACTS MK 1, LOT 3, V. 47, P. 28, M R IG',I N89' 58' 51' E r 250. 21' S89' 59' 37' E 250. 56' 20. 68' UE, CITY 0211 NO. 9996 103. 47' n CO CO 3 N O O II TEXAS RR COMMISSION DATA, KOCH PIPELINE COMPANY ABANDONED 4.5' DIAMETER CRUDE OIL PIPELINE SOLD TO 'PIPELINE REMOVAL' FOR SALVAGE I=11'26'35' R=931. 46' T=95 33' L=186. 03' CB=P5'44' 22'9 CH=185. 72' N cu 0 O O U) O Tn 2. 225 AC. TRACT, DOC. 984013, 0. P. R. FD 5/8' I. R. 089.56' 46.E 11.55' FRON PROPERTY CORNER' N89' 56' 46' E 349. 69' \ 21. 00' BLU CHIP INDUSTRIAL TRACTS BLOCK 1, LOT 4 542,724 SF = 12.459 AC. EAST 729. 79' WAIL00' LINE TO LOT 15' UE 295. 61 — e n ti -15. 00' 42. 52' 15. 00' 15. 00' 404. 18' 25024' 4ri6 `ml IN 391.96' 15UE I▪ ^ II Nits- 21_ IS' UE I�ISOSO b� Ie IDI 15'UE J" 7E. 07',ACDNED PIPELINE ml 5' UE VEST 729. 72' nl EAST 55. 00' J NI TO LOT LINE rvl J 5' UE 61 l0' UE ml 2 3 4 STATE OF TEXAS 5 COUNTY OF 5 ��J1IIII WEST 98' I S I 6 7 8 I 1 10 I 11 BN T K 1, STATIC P. T 13, ACE UN T 1, V. 38, P. 13, M WE, HUNTER CC I, LP, A TEXAS LIMED PARTNERSHIP, HEREBY CERTIFY THAT WE ARE TH0 OWNERS OF THE LAND EMBRACED WITHIN THE BOUNDARIES OF THE FOREGOING PLAT, SUBJECT TO A UEN IN FAVOR OF TEJ1A5 CAPITAL BANK, N. A, THAT WE HAVE HAD SAID LAND SURVEYED AND SUBDIVIDED AS SHOWN, THAT STREETS AND EASEMENTS AS SHOWN HAVE BEEN HERETOFORE DEDICATED, OR IF NOT PREVIOUSLY DEDICATED. ARE HEREBY DEDICATED TO THE PUBLIC USE FOREVER, AND THAT THIS PLAT WAS MADE FOR THE PURPOSES OF DESCRIPTION AND DEDICATION. HUNTER CC I, LP, A TEXAS UNTIED PARTNERSHIP 10' UE 12 13 0 50' 100' 200' SCALE' 1'= 100' BY: HUNTER D, LLC, A TEXAS LIMITED UABILTIY COMPANY. ITS GENERAL PARTNER BY: STATE OF Tf7(AS COUNTY OF 5 SCOTT ROHRMAN, MANAGER THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THE DAY OF 2012, BY SCOTT ROHRMAN, MANAGER OF HUNTER D. LLC, THE GENERAL PARTNER OF HUNTER CC I, LP, A TEXAS LIMITED PARTNERSHIP. FOR AND ON BEHALF OF SAID PARTNERSHIP. THIS THE DAY OF NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 14 cT v ai in S0° 01' 13'E C N zg NOTTS. 1. THE YARD REQUIREMENT, AS DEPICTED, 15 A REQUIREMENT OF THE (UDC) UNIFIED DEVELOPMENT CODE AND IS SUBJECT TO CHANGE AS THE ZONING MAY CHANGE THE RECEIVING WATER FOR THE STORM WATER RUNOFF FROM THIS PROPERTY IS THE 050 CREEK. THE TCEQ HAS NOT CLASSIFIED THE AQUATIC LIFE USE FOR THE 050 CREEK, BUT R IS RECOGNIZED A5 AN ENVIROMENTALLY SENSITIVE AREA THE 050 CREEL( FLOWS DIRECTLY INTO THE OSO BAY. THE TCEQ HAS CLASSIFIED THE AQUATIC LIFE USE FOR THE OSO BAY A5 'EXCEPTIONAL' AND 'OYSTER WATERS' AND CATEGORIZED THE RECEIVING WATER A5 'CONTACT RECREATION' USE. 3. THE SUBJECT SITE UES IN FEMA ZONE 'C' PURSUANT TO FEMA FLOOD INSURANCE RATE MAP, COMMUNITY PANEL 485464 165 C. CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, REVISED JULY 18, 1985. 4. SET 5/8' I.R.'S AT ALL CORNERS UNLESS OTHERWISE NOTED. 5. THE BASIS OF BEARINGS IS THE NORTH BOUNDARY LINE OF STARCREST PLACE UNIT 1, V. 38, P. 13, M. R. , VEST, AS SHOVN. 6. IF ANY LOT IS DEVELOPED WITH RESIDENTIAL USES, COMPLIANCE VITH PUBLIC OPEN SPACE REGULATIONS WILL BE REQUIRED DURING THE BUILDING PERMIT PHASE _ ITE PRIVATE DE, rNB 2012008250, O P. R 1F0 5/8' I. R EAST O 63' FROM PROPERTY CORNER —J II ACNES ST. (SH 441 1 I I 1r An LOCATION MAP 1' = 1000' SITE' NEPTUNE ST. I I ENTARIIS ST. PLAT OF BLUE CHIP INDUSTRIAL TRACTS, BLOCK 1, LOT 4, A 12. 459 ACRE TRACT OF LAND, MORE OR LESS, A PORTION OF J. C. RUSSELL FARM BLOCKS, BLOCK 11, A MAP OF VHICH IS RECORDED IN V. 28, P. 58 & 59, MAP RECORDS, NUECES CO. , TX CORPUS CHRISTI, NUECES COUNTY, TX BASS & WELSH ENGINEERING 3054 S. ALAMEDA STREET CORPUS CHRISTI, TEXAS 78404 DATE PLOTTED, 5/11/12 CORP. NO., PLATING JOB NO, 11044 SCALE, 1' = 100' PLOT SCALE, SAME SHEET 1 OF 1 STATE OF TEXAS 5 COUNTY OF NUECES 5 I, NIXON M. WELSH, REGISTERED PROFESSIONAL LAND SURVEYOR OF BASS & WELSH ENGINEERING, HEREBY CERTIFY THAT THE FOREGOING PLAT WAS PREPARED FROM A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND IS TRUE AND CORRECT. THIS THE _ DAY OF NIXON M. WELSH REGISTERED PROFESSIONAL LAND SURVEYOR, TEXAS NUMBER 2211 STATE OF TEXAS COUNTY OF WE, TEXAS CAPITAL BANK, N. A, HEREBY CERTIFY THAT WE ARE THE HOLDERS OF A UEN ON THE LAND EMBRACED WITHIN THE BOUNDARIES OF THE FOREGOING MAP AND THAT WE APPROVE THE SUBDIVISION AND DEDICATION FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED. STATE OF TEXAS COUNTY OF 5 BY: TIRE: THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY (NAME), (TITLE) OF TEXAS CAPITAL BANK. N. A THIS THE— DAY OF 20 NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS STATE OF TEXAS 5 COUNTY OF NUECES 5 THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES OF THE CITY OF CORPUS CHRISTI, TEXAS. ARMAND0 GIJTIERREZ, JR., P.E DEVELOPMENT SERVICES ENGINEER DATE STATE OF TEXAS 5 COUNTY OF NUECES 5 THE FINAL PLAT OF THE HERON DESCRIBED PROPERTY WAS APPROVED BY THE PLANNING COMMISSION ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS. THIS THE _ DAY OF 20 . CHAIRMAN DANIEL MLGINN. AI.C.P. RUDY GARZA SENIOR CRY PLANNER STATE OF TEXAS S COUNTY OF NUECES 5 I, DIANA BARRERA, CLERK OF THE COUNTY COURT IN AND FOR SAID COUNTY, DO HEREBY CERTIFY THAT THE FOREGOING INSTRUMENT DATED THE DAY OF 20 WITH ITS CERTIFICATE OF AUTHENTICATION, WAS FILED FOR RECORD IN MY OFFICE THE DAY OF 20 AT O'CLOCK _ M, AND DULY RECORDED THE _ DAY OF 20 AT O'CLOCK _.M. IN TIE MAP RECORDS OF SAID COUNTY IN VOLUME PAGE INSTRUMENT NUMBER WTINESS MY HAND AND SEAL OF THE COUNTY COURT IN AND FOR SAID COUNTY AT OFFICE IN CORPUS CHRISTI, NUECES COUNTY, TEXAS, THE DAY AND YEAR LAST WRITTEN. BY: DEPUTY DIANA 080008A, CLERK COUNTY COURT NUECES COUNTY, TEXAS .XH 1T Z APPLICATION FOR WATER LINE REIMBURSEMENT We, Hunter CC I, LP, 3890 W. Northwest Highway, Suite 100, Dallas, Tx 75220, owner and developer of proposed Blue Chip Industrial Tracts, Block 1, Lot 4, hereby request reimbursement of $80,887.47 for the installation of the water Grid main in conjunction with said lot, as provided for by City Ordinance No. 17092. $80,887.47 is the construction cost, including 10% Engineering and Surveying, in excess of the acreage fee, as shown ie cost supporting documents attached herewith. S, Scott Rohrman as Manager of the G.P. THE STATE OF TEXAS § COUNTY OF This instrument was acknowledged before me on 530 (Date) &-0-1+ C1rMan (name), `13, -��r Texas limited partnership, behalf of said partnership. - TOVAMCCLARY Ia MY COMMISSION EXPIRES aa� r 22,2016 .: Nota CERTIFICATION , 20Ja,, by (title), of Hinter CC I, LP, a The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Water Arterial and Grid Main Trust Fund, and (b) Appropriation and approval by the City Council. Development Services Engineer (Date) 5311_1111 SITE STANDARD SPECIFICATIONS STRPPIND EXCAVATION MT BAWNLLZIRorTIES MD SEDERS TRENCH Darr FOR ExcA STREET EXCAVATOR coo NAM 2101 NTN.x.ms 0251114 CONCRETE MEI RAMPS MOOD TEUPOOURT MOM CONTROLS DORM CONSTROCIICN RES OV CPT? 0I] OM! CORPUS IC RRAINACF AND AND GMPRAI Nam, E CODO TOR,,ri.PRONDURNER AAAVEcr IDARRANTt AMST Au DEFECTS IN amxmR.xesxueEC i..N'oNR nm �`T"a'77 " 3. RDP.DGED CONGRDE STORM SENIM PPE 9.1. CD. RI, STAMM] STRENGTH. SPORN SEDER 1.4,4DJM SNAIL SE PRE -GST CONCRETE .D3DIADT WORN INT ER,, BE LESS FUMY TRAFFIC CONTR01 DURING CONSTRUCTION ACCORIPNCE xrni .D FUN. UP NORD OR INPROADDEM. grALMIUS PAY WATER NOTES u n Ex- re To pacre, ms-111, NU rmmo.DEOsVueEsmogw aj.%w)s"`si Toe t.."OCxOum aml00(NN<sµo W N Am9E ONNDNI6 NRN'N°m: s'�TDNE� m,Gg9(. SAND Ix A"oRgwc( M" c00 0•'BE00 0• (0 E 0000 (�"00(0 a CENTERLINE IGEE0 RECORDS. RUE= COUNT. TEXAS OPAN.E EMMETT DOWN CUT MUT DUD Da DRUM= PIDEUNE EDGE OF PAYMENT PLOW LINE DI WERT ELEvADON RECORDS. !NIMES KUM, TM iUMPAL GROUND PP POWER PO. PREP PROPGSED RIED CP REINFORCED CONCRETE mRxT CONCRETE MT REINfORCED CONCRETE PIPE DDSs Re WOW! SEWER UNE SAN WOW! MIER MHO. SM STORY MYER TOP OF SLOPE Of NEW TOE emu.. OF SLOPE OF ORCH MUT/ EDSEUEM DV WIWI UNE TARO REDUIROJENT CALL BEFORE YOU DIG! OO Tm PARROMOMS RRS HOME SERIRE �o. DRIS ILL OR MAST - STOP CALL 1 -000 -ase -6127 CROUP THE LORE SEM AT 1-000-669-631. TWO ECIAVA1pN SEES MEIER 1 -BOD -111.8317 WNErArallriGME RGROUNNr NDDxE IIEPP FY THEN UNMIDDOUNO LINES PRIOR TO MT CONSTRUCTION. BENCHMARK LIOCK 1, La 009 5 g n � =LJI aexCs sr. Ta ,,� II I 3 � al I LDCAI,IDN MAP SHEET INDEX SHEET 1 COVER SHEET AND MISCELLANEOUS INFORMATION SHEET 2 STORM SEWER, SANITARY SEWER AND WATER PLAN STORM SEWER AND SANITARY SEWER PROFILES SHEET 3 APPROVED CITY STORM WATER DETAILS AND ESTIMATE SUMMARY SHEET 4 APPROVED CITY SANITARY SEWER STANDARD DETAILS SHEET 5 APPROVED CITY WATER STANDARD DETAILS wrsm nadl DESIGN APPF CITY .:`CORPUS i VED DATE ZD/Z SU. 160 BASS AND WELSH ENGINEERING TS REGISTRATION NO . 3054 S. ATAMEDA STREET CORPUS CHRIST, TEXAS 78404 IMPROVEMENTS TO BLUE CHIP INDUSTRIAL TRACTS, BLOCK 1, LOT 4 CORPUS CHRISTI, NUECES CO., TX COVER SHEET AND MISCELLANEOUS INFORMATION nm< <�Ng"DE"xx N LINE ' A' FH PROP. PROP. 12'PVC VTR PROP. FH LI IS N89.58'51'E 250. 21 LLRIX Fmr 4 POLARIS 2229 711.1, DOC. 904013. 89.56' 46' E 349. 69' BLUE CHIP INDUSTRIAL TRACTS BLOCK 1, LOT 4 10. r PC I SANITARY SEWER BASE MAP PROP. PRIVATE 42' RCP STORM SEWER LINE 'A' @ 0.050 yrx�.aran TWIN PALMS TRACT ACL AGNES ST. OFFSITE WATER P1 AN (TO NORTH) __110,71%grAT uso¢xr sz 4_,, -PROP. PRIVATE 42' RCP STORM T LSEWER LINE 'A' @ 0. 05% PROP. 42' RCP STO @ 35 FCP % ruc. rtMS/ — rD�IDmt , r4 8+00 45 7+00 VEST 799.69 6+00 I � D 5+00 Er 4+00 PROP. 8' PVC SS LINE 'A' @ 0.4% 3+00 2+00 L„ PRIVATE DF Az W.e.ax. sN 'T t re 1+00 0+00 PROP. 42' RCP STO @0. 05% - 'PRE CP STO @ 0.05%I `rP"7.w.aza As A2 II coxa. � 45 40 VERW9IF 35rmra 313 •PROP. 8' PVC SS @ 0. 4% 25 PR /C SS @ 0.4•/.. PROP. SS 8' PVC 2 0.4% PROFILES — SS LINE 'A' AND STO SEWER LINE 'A' FL 2.01 f r",x. 30 25 THIN PALMS TRACT V. 36, P. 52, N R. PROP. PRIVATE 42' RCP STORM SEWER LINE 'A' @ 0.05% I Imo` DITCH 01,11,0 mDER mN5rorml D CITY M Qf9PH°CSfED TTY ORP 5`_ 27' �VZ a ii f I P. II 04:0D, P P Dal BASS & WELSH ENGINEERING RVEY 7 0 1000272-00, 1% ONGINEOiINO REO. N0. F-53, ]054 5. NEDA SfgFET, COflPUS CHRISTI, TE%A9 X8404 IMPROVEMENTS TO BLUE CHIP INDUSTRIAL TRACTS, BLOCK 1, LOT 4 CORPUS CHRISTI, NUECES CO., T% STORM SEWER. SANITARY SEWER AND WATER PLAN STORM SEWER AND SANITARY SEWER PROFILES *AVE 64 OATS Pmnm 1/IL SNEEr_m_ A iztii ''4 • E0 i 16,1! Aii6Eliji1 ! 11117 1lj Pati lq ;9 I i E01 1;",, is EiE 4 j it ; I I. 106 k" I II .!61 i d! E; Ilex tj! i; 3 i . Mtjiti =t tE MCI" i eE4.914E !E Li Wile .E ,� - t ITE li t$ii E°€t i it!,�I je Ea t' ITT Si do ip Y i 11m, 4 1 1�� �6i . e° i! I !1 A Cpl ill ADCENDIRA TYRE A. R & C MANHOLES/ TRENCH MACNEILL/PAVEMENT REPAIR/ROADWAY RING G COVER STANDARD STORM WATER DETAILS yi COY OF CSRPTEXASHRISn TOR4 WATER OEAue.... 119. 11011.1.103 AMP .11.1 31,1 .8 INLET AND SIDEWALK MANHOLE RING AND COVER STANDARD STORM WATER DETAILS i a: F. A 5 COT OF CORPUS CHRISN STI;Ve WATER al IMMINENT Demnme, m EAG:+Ndm ate.. s ' -m ! 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I _€ 1 1 { ii 1 1 1 r; 11 i R z , 111 1 II 1 I1'11 $ 1 1 4B 1 E.11,jj ii 1! 1 i i 111111 1$ I 1 1 1 {R j $:Y 1. %:: 111 i 1F6 1'@14 i r :: a n 1 { .!0 i111� 1$ '1'� II , ° 1 I 1, K 1; l i ` II1'I iii 1i E 11111 1' ` i 2 1 i 'jl 1 , l _~ , I 1,911 11 R $. 6 it s € 1E i 1a a1 R 1r i 1„ ,III i � � ',/ 1p. 1 / i rl ,, ,. i � 1. 1, 11 is 11 1' 6 I L__I '. __J .1 II__I I .e_I _1 1 big 11' . a .,1 8,0 1 �ura.,w.vw.w .a. MEET Prip I d g L _I t 'I _ _ . ®� _: =- 1 z* Tr: 1 Sl DADD WATER DRNLS vxcaru WA6R .v, sz,,,, RD.WATIR 0.1 rm - ,v., 5 -zavd � L►91a1x� BLUECHIP INDUSTRIAL TRACTS, BLOCK 1, LOT 4, PLATTING REQUIRED IMPROVEMENTS COST ESTIMATE 11044 -PCE 4/3/2012 WATER IMPROVEMENTS QUANTITY UNIT UNIT PRICE AMOUNT 1. 12" PVC PIPE 1425 LF 34.00 48,450.00 2. 12" GATE VALVE W /BOX 3 EA 2,250.00 6,750.00 3. 12" EL, ANY ANGLE 2 EA 700.00 1,400.00 4. 12" TEE 4 EA 725.00 2,900.00 5. 12" TAPPING SADDLE WITH 12" TAPPING GATE VALVE 1 EA 5,700.00 5,700.00 6. FIRE HYDRANT ASSY 4 EA 2,100.00 8,400.00 7. 6" GATE VALVE W /BOX 4 EA 900.00 3,600.00 8. 6" EL, ANY ANGLE 4 EA 375.00 1,500.00 9. 6" DIAX 30" PVC PIPE 12 EA 125.00 1,500.00 10. TRAFFIC CONTROL & BARRICADING DURING CONSTRUCTION AND PREPARE TRAFFIC CONTROL PLAN 1 LS 500.00 500.00 11. TRENCH SAFETY FOR EXCAVATIONS WHERE WATER LINE IS DEEPER THAN 5' 200 LF 2.00 400.00 12. PAVEMENT PATCHING 1 LS 2,000.00 2,000.00 13. ALLOWANCE FOR ADJUSTING GAS LINE AT AGNES ST. 1 LS 6,000.00 6,000.00 TOTAL WATER ITEMS 10% ENGINEERING & SURVEYING CONSTRUCTION TESTING TOTAL LESS ACREAGE FEE VALUE TOTAL AMOUNT REIMBURSEABLE Page 1 of 1 $89,100.00 $8,910.00 $821.80 $98,831.80 - $17,944.33 $80,887.47 £ -,91i 5 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer Iw(ith "NA ". C' FIRST NAME: "t-e.r CC 1, L P STREET: 3u90 Wes4 Not-4,...e-t- +way15,.:1 /00 CITY: Dpila> , TX zip: 75'22c FIRM IS: a1. Corporation 12. Partnership o3. Sole Owner o4. Association o5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an `ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name N Job Title and City Department (if known) N( State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title NSA //k State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name N jA Board, Commission, or Committee /A State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 35 or more of the ownership in the above named "firm ". Name Consultant NSA N CERTIFICATE (To be notarized) I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. -tC r C � c Certifying Person: sc fit 14.° cwtu✓I Title: I\Aa 691-i e � G. P, (Type or Print) ° " ) / 3 / Signature of Certifying Person: r'' t , Date: f° / zo iZ H: PLN- DIR\SHARED\Application Forms\BCC APPS\BCC App -Small Large Scale Master Plan Development.doc Page 3 AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: 05/23/2012 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds(a cctexas.com 361- 886 -2603 Resolution approving the FY 2012/2013 budget for the Corpus Christi Crime Control and Prevention District. CAPTION: Resolution approving the FY 2012/2013 budget for the Corpus Christi Crime Control and Prevention District. GROUND AND FINDINGS: Provisions of the Local Government Code section 363.205 require that the governing body of the political subdivision that created the Crime Control and Prevention District shall hold a public hearing on the proposed annual budget to receive public comment and approve or reject the budget submitted by the Board of Directors of the Corpus Christi Crime Control and Prevention District. On November 4, 1997, the voters established the Crime Control and Prevention District for 5 years beginning April 1, 1998. The voters renewed the District on November 6, 2002 for five years, and again on April 14, 2007 for ten years. This continues the 1 /8th -cent sales tax to fund the District and provide additional funds to enhance law enforcement efforts in the City of Corpus Christi. The Crime Control and Prevention District held a public hearing on April 20, 2011 and the Board adopted the budget on the same day. The City Council held a public hearing on June 12, 2012 in accordance with notice and all other procedures required by law. The budget must now be submitted to the City Council for approval. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): 9010 — Crime Control and Prevention District fund Comments: RECOMMENDATION: Staff recommends approving the budget LIST OF SUPPORTING DOCUMENTS: Budget adopted by the Crime Control and Prevention District Board of Directors Resolution approving the FY2012 -2013 budget for the Corpus Christi Crime Control and Prevention District. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The fiscal year 2012 -2013 budget for the Corpus Christi Crime Control and Prevention District is approved. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor Page 1 of 2 Corpus Christi, Texas day of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Page 2 of 2 Crime Control & Prevention District FY 2012/2013 Proposed Budget ■ Continued focus on Core Programs — 50 Police Officers — Juvenile Assessment Center — Pawn Shop Detail — Purchase of five replacement police vehicles — Purchase of support equipment ■ Continued focus on long term fiscal responsibility and control 2 Crime Control & Prevention District FY 2012/2013 Proposed Budget ■ Assignment of 50 Police Officers — 8 Directed Patrol Officers — 10 Gang Unit (JET) Officers — 3 Moped Officers — 2 Traffic Safety Officers — 1 Narcotics Officer (with a drug dog) — 1 Campus Crime Stoppers Officer — 25 Patrol Officers (enhance patrol response) 3 Crime Control & Prevention District FY 2012/2013 Proposed Budget • Total Expenditures $5,627,344 — 4% pay increase for sworn officers — 2% pay increase for civilian personnel • Total Revenues $6,435,008 • Elimination of the Graffiti Sr. Staff Asst. (relocated to the General Fund - Police) • All other programs fully funded • Ending fund balance $3,525,427 4 Crime Control & Prevention District FY 2012/2013 Budget Calendar April 18 —CCD public hearing & budget adoption June 12 - City Council public hearing June 19 —City Council approves or rejects CCD Budget, lit reading June 26 - City Council approves or rejects CCD Budget, 2"d reading 5 Pr AGENDA MEMORANDUM for the City Council Meeting of June 26, 2012 DATE: June 5, 2012 (Revised) TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, Interim Director, Development Services MarkVV@cctexas.com (361) 826 -3246 UTILITY EASEMENT CLOSURE Abandoning and vacating a 10,079.02- square -foot portion of a 15- foot -wide utility easement out of Airport Industrial Subdivision, Block 6, Lot 1A, and Airport Industrial Subdivision, Block 4, Lot 3. CAPTION: Ordinance abandoning and vacating a 10,079.02- square -foot portion of a 15- foot -wide utility easement out of Airport Industrial Subdivision, Block 6, Lot 1A, and Airport Industrial Subdivision, Block 4, Lot 3, located north of State Highway 44 and west of North Padre Island Drive (State Highway 358); and requiring the owner, Weatherford U.S., L.P., to comply with the specified conditions. BACKGROUND AND FINDINGS: Urban Engineering, on behalf of Weatherford U.S., L.P. (Owner), is requesting the abandonment and vacation of a 10,079.02- square -foot portion of a 15- foot -wide utility easement out of Airport Industrial Subdivision, Block 6, Lot 1A, and Airport Industrial Subdivision, Block 4, Lot 3. The abandonment and vacation of the utility easement is requested in order to accommodate the future development of the property. Staff recommends that the Owner pay the fair market value of $11,350.00 for the abandonment and vacation of the utility easement. The Owner must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the utility easement closure. This will, however, adversely impact the Owner's ability to move forward with the development of the property. OTHER CONSIDERATIONS: Not applicable Utility Easement Closure Airport Industrial Subdivision June 26, 2012 Page 2 CONFORMITY TO CITY POLICY: These requirements are in compliance with the City of Corpus Christi, Code of Ordinances, Sec. 49- 13. EMERGENCY / NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the city departments or franchised utility companies had any facilities or objections regarding the proposed easement closure. FINANCIAL IMPACT: ❑ Operating Z Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $11,350 BALANCE $11,350 Fund(s): 3530 Street CIP Fund — Street Closure Trust Account Comments: None RECOMMENDATION: Staff recommends approval of the easement closure. The Owner must comply with all the following specified conditions of the easement closure ordinance: a. That the Owners pay the fair market value of $11,350.00 for the abandonment and vacation of the 10,079.02- square -foot portion (0.231 acres) of a 15- foot -wide utility easement out of Airport Industrial Subdivision, Block 6, Lot 1A, and Airport Industrial Subdivision, Block 4, Lot 3. b. Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. Utility Easement Closure Airport Industrial Subdivision June 26, 2012 Page 2 c. Upon approval by Council and issuance of the ordinance, all grants of easement closure 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 permitting of any construction on the land, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services, or his designee. LIST OF SUPPORTING DOCUMENTS: Ordinance Site Map Metes and Bounds Description with Exhibit Ordinance abandoning and vacating a 10,079.02- square -foot portion (0.231 acres) of a 15- foot -wide utility easement out of Airport Industrial Subdivision, Block 6, Lot 1A, and Airport Industrial Subdivision, Block 4, Lot 3; and requiring the owner, Weatherford U.S., L.P., to comply with the specified conditions. Whereas, Urban Engineering, on behalf of Weatherford U.S., L.P., (Owner) is requesting the abandonment and vacation of a 10,079.02- square -foot portion (0.231 acres) of a 15- foot -wide utility easement out of Airport Industrial Subdivision, Block 6, Lot 1A, and Airport Industrial Subdivision, Block 4, Lot 3, and located north of State Highway 44 and west of North Padre Island Drive (State Highway 358), to accommodate future development of the property. Whereas, with proper notice to the public, public hearings were held on Tuesday, June 19, 2012, and Tuesday, June 26, 2012, during meetings of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and Whereas, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 10,079.02- square -foot portion (0.231 acres) of a 15 -foot- wide utility easement out of Airport Industrial Subdivision, Block 6, Lot 1A, and Airport Industrial Subdivision, Block 4, Lot 3, subject to the provisions below; (Exhibit A - Site Map, Exhibits B & C - Metes and Bounds Description & Accompanying Map). Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That a 10,079.02- square -foot portion (0.231 acres) of a 15- foot -wide utility easement out of Airport Industrial Subdivision, Block 6, Lot 1A, and Airport Industrial Subdivision, Block 4, Lot 3, located north of State Highway 44 and west of North Padre Island Drive (State Highway 358), as recorded in Volume 67, Page 208 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: a. That the Owners pay the fair market value of $11,350.00 for the abandonment and vacation of the 10,079.02- square -foot portion (0.231 acres) of a 15- foot -wide utility easement out of Airport Industrial Subdivision, Block 6, Lot 1A, and Airport Industrial Subdivision, Block 4, Lot 3. b. Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. c. Upon approval by Council and issuance of the ordinance, all grants of easement closure 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 permitting of any construction on the land, an up -to -date survey, abstracted for all easements Page 2 of 2 and items of record, must be submitted to the Director of Development Services, or his designee. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following votes: Joe Adame David Loeb Chris Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr. Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following votes: Joe Adame David Loeb Chris Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr. Mark Scott Priscilla Leal PASSED AND APPROVED this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor K: \DevelopmentSvcs \SPECIAL SERVICES \Willie Medina \EASEMENT CLOSURES\Airport Industrial Subdivision (2012)\Airport Industrial.ORD.doc SITE MAP N.T.S. EXHIBIT A URBANREV APR. 5, 2012 DATE: FEB. 15, 2012 ENGINEERING SCALE: N.T.S. JOB NO.: 33363.82.01 CORPUS CHRISTI, TEXAS / SHEET: 2 OF 2 Frm No. 145• 2725 Swartner St, corpus Christi, 1X 78404 DRAWN BY: DL PHONE: (.361) 854 -3101 FAX : (361) 854 -6001 02012 by Urban Engineering 0 D 0 0_ o 0 /\'' C 0 E 0 > Hopkins C 0 C II II mitt f "Agnes °` Street (S • • r 44) Site o ili o 0 ct SH. 44 ; Forrest c t 0 co c EXHIBIT A URBANREV APR. 5, 2012 DATE: FEB. 15, 2012 ENGINEERING SCALE: N.T.S. JOB NO.: 33363.82.01 CORPUS CHRISTI, TEXAS / SHEET: 2 OF 2 Frm No. 145• 2725 Swartner St, corpus Christi, 1X 78404 DRAWN BY: DL PHONE: (.361) 854 -3101 FAX : (361) 854 -6001 02012 by Urban Engineering State of Texas County of Nueces Revised: April 5, 2012 February 16, 2012 Job No. 33363.B2.01 FIELDNOTES for the closing of a 10.00 foot wide utility easement out of Lot 3, Block 4, Airport Industrial Subdivision, a map of which is recorded in Volume 67, Page 208, Map Records of Nueces County, Texas and a 5.00 foot wide utility easement out of Lot 1A, Block 6, Airport Industrial Subdivision, a map of which is recorded in Volume 42, Page 143, Map Records of Nueces County, Texas; said closure being more fully described by metes and bounds as follows: Commencing at a 5/8 inch iron rod found on the north boundary of State Highway No. 44, a public roadway, for the southwest corner of said Lot 1A, same being the southeast corner of said Lot 3; Thence, South 78 °09'44" West (Record= South 80°07'19" West), along the north boundary of said State Highway No. 44, same being the south boundary of said Lot 3, a distance of 10.17 feet; Thence, North 01°28'44" West (Record= North 00 °02'20" West), along the west boundary of an existing 10 foot utility easement, a distance of 15.25 feet to the southwest corner of this closure; Thence, North O1 °28'44" West (Record= North 00 °02'20" West), along the west boundary of this closure, a distance of 673.09 feet for the northwest corner of this closure; Thence, North 88 °33'58" East, along the north boundary of this closure, at 10.00 feet pass the common boundary of said LotlA and said Lot 3, in all a total distance of 15.00 feet for the northeast corner of this closure; Thence, South 01 °28'44" East (Record= South 01 °29'06" East), along the east boundary of this closure, a distance of 671.33 feet for the southeast corner of this closure; Thence, South 86 °38'00" West (Record= South 86°10'13" West), along the south boundary of this easement closure, a distance of 6.61 feet for an interior corner of this easement closure; Thence, South 78 °09'44" West (Record= South 80°07'19" West), continuing along the south boundary of this easement closure, a distance of 8.53 feet to the Point of Beginning and containing 0.231 acres (10,079.02 square feet) of land. Bearings based on GPS bearings, NAD83, Texas South Zone. National Geodetic Survey Monuments "SN -150" (North Coordinate = 17,175,917.840 East Coordinate = 1,317,744.166) and "SO -170" (North Coordinate = 17,175,176.393 East Coordinate = 1,306,952.3320) were used as control points for establishing basis of bearing. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accurac \ \Urbanfs02\Data\ Surveying \33363\B201 \fn33363B201- Page 1 of 1 (361)854 -3101 EXHIBIT B URBAN ENGINEERING Juan J. Salazar, R.P.L.S. License No. 4909 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 FAX (361)854 -6001 www.urbaneng.com TBPE Firm #145 150 100 50 0 GRAPHIC SCALE 1 =100 Lot 1, Block 4 Airport Industrial Subdivision Vol. 67, Pg. 208, Map Records of Nueces County, Texas 100 I 200 In j20�Y.R. 15'U.E: J N88'33'58 "E 15.00' Easement Closure (-0.231 Acres, 10,079.02 Sq.Ft. egS rti -o a .• Ur Z 35"1) 0 a;W a I � 0 n 0 Point of Beginning 15'U.E. (Record= S80'07'19 "W) S78'09'44"W 8.53' State Highway No. 44 EXHIBIT C N01'28'44'W 15.25' (Record= N00'02'20 °W) S78'09'44"W 10.17' (Record= S80'07' 19"W) Map to Accompany FIELDNOTES for the closing of a 10.00 foot wide utility easement out of Lot 3, Block 4, Airport Industrial Subdivision, a map of which is recorded in Volume 67, Page 208, Map Records of Nueces County, Texas and a 5.00 foot wide utility easement out of Lot 1A, Block 6, Airport Industrial Subdivision, a map of which is recorded in Volume 42, Page 143, Map Records of Nueces County, Texas. M n Lot 1A, Block 6 co Airport Industrial Subdivision Vol. 42, Pg. 143, Map Records of Nueces County, Texas /WW I 0 N N o o 8 �- 60' r (Record= S86'10'13'W) S86'38'00"W 6.61' Point of Commencement 20'B.L. Note: No monumentation found Fd. 5/8° I.R. or set unless otherwise noted. U R B A Nt DAEEE: . ' FP: ERB' . 511502 00' 2 1 2 — ENGINEERING JOB-6 NO.: 33363.82.0 1 i� CORPUS CHRISTI, TEXAS $ r: 1 OF 2 Fire No. 145: 2725 Swontner St., corpus Christ,, 1X 78404 DRAWN BY: DL PHONE: (361) 854 -3101 FAX. (361) 854 -6001 02012 by Urban Engineering AGENDA MEMORANDUM for the City Council Meeting of June 26, 2012 DATE: TO: FROM: June 7, 2012 Ronald L. Olson, City Manager Mark Van Vleck, Interim Director, Department of Development Services MarkVV@cctexas.com (361) 826 -3246 UTILITY EASEMENT CLOSURE Abandoning and vacating a 318 - square -foot portion of a 7.5- foot -wide utility easement out of Wooldridge Creek Unit 12, Block 2, Lot 26. CAPTION: Ordinance abandoning and vacating a 318 - square -foot portion of a 7.5- foot -wide utility easement out of Wooldridge Creek Unit 12, Block 2, Lot 26, located on the east side of Wishbone Court and north of Durant Drive; and requiring the owners, Raymundo Ramos, Jr., and Rosario G. Ramos, to comply with the specified conditions. BACKGROUND AND FINDINGS: Raymundo Ramos, Jr., and Rosario G. Ramos (Owners) are requesting the abandonment and vacation of a 318 - square -foot portion of a 7.5- foot -wide utility easement out of Wooldridge Creek Unit 12, Block 2, Lot 26. The abandonment and vacation of the utility easement is requested in order to resolve the encroachment of a swimming pool and storage building in the existing 7.5- foot -wide utility easement at the rear of the property prior to sale. Staff recommends that the Owners pay the fair market value of $750.00 for the abandonment and vacation of the utility easement. The Owners must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the utility easement closure. This will, however, adversely impact the Owners' ability to move forward with the sale of their property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The requirements are in compliance with the City of Corpus Christi, Code of Ordinances, Sec. 49 -13. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. The City Gas Department has a two -inch gas line located one (1) foot from the fence at the back of the property, and approximately 1.3 feet from the deck of the swimming pool. Grande Communications has an underground cable approximately two feet from the fence at the back of the property. None of the other City departments or franchised utility companies had any facilities within or objections to the proposed easement closure. FINANCIAL IMPACT: ❑ Operating Z Revenue ❑ Capital ❑Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $750.00 750.00 BALANCE $750.00 750.00 Fund(s): 3530 Street CIP Fund — Street Closure Trust Account Comments: None RECOMMENDATION: Staff recommends approval of the easement closure. The Owners must comply with all the following specified conditions of the easement closure ordinance: a. The Owners are required to pay the fair market value of $750.00 for the abandonment and vacation of the 318 - square -foot portion of a 7.5- foot -wide utility easement out of Wooldridge Creek Unit 12, Block 2, Lot 26. b. Owners are required to allow access to the existing public utilities within the utility easement at all times without cost to the City or any of the public utility companies for restoration of any surface improvements and landscaping. c. Owners are required to maintain the area between the existing swimming pool and storage building and the remaining portion of the 7.5 -foot utility easement and keep said area free of any permanent structures that could prohibit access and maneuverability within the easement for the maintenance, repair, or replacement of any existing public utilities or installation of any future utilities. d. Owners must comply with all the specified conditions of the ordinance within 180 days of Council approval. C:AProgram Files \Granicus \Legistar5 \Packet \975_City Council 6_19_ 2012\ 0031_ 1_ 4bf6643a- 998e- 44b2- b9c1- 869e4221c3f7.doc e. Upon approval by Council and issuance of the ordinance, all grants of easement closure must be recorded at Owners' expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the permitting of any construction on the land, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services, or his designee. LIST OF SUPPORTING DOCUMENTS: Location Map Ordinance Exhibit A — Property Survey Exhibits B, C — Metes and Bounds Description & Accompanying Map C:AProgram Files \Granicus \Legistar5 \Packet \975_City Council 6_19_ 2012\ 0031_ 1_ 4bf6643a- 998e- 44b2- b9c1- 869e4221c3f7.doc Location kW PROPOSED EASE ENT C OSURg (318 Square Peet) The City of Corpus Christi provides this information to enhance public awareness. This information Is continually under development and therefore, subject to change without notice. While we endeavor to provide dmelyand accurate information we make no guarantees. The City of Corpus Christi makes no warranty, express or Implied, inctuding warranties of merchantability end fitness for a particular purpose. Use of theintormation Is the sate responsibility of the user. The material from this document comes from variety of sources. We do not control or guarantee the accuracy, relevance, timeliness or completeness of any outside €nrcnnraton. SASEMAP STREET NAME STREETNAME - MAJOR 462 ft EXHIBIT A Ordinance abandoning and vacating a 318 - square -foot portion of a 7.5 -foot- wide utility easement out of Wooldridge Creek Unit 12, Block 2, Lot 26; and requiring the owners, Raymundo Ramos, Jr., and Rosario G. Ramos, to comply with the specified conditions. Whereas, Raymundo Ramos, Jr., and Rosario G. Ramos (Owners) are requesting the abandonment and vacation of a 318 - square -foot portion of a 7.5- foot -wide utility easement out of Wooldridge Creek Unit 12, Block 2, Lot 26, located on the east side of Wishbone Court and north of Durant Drive, in order to resolve the encroachment of a swimming pool and storage building within the existing 7.5- foot -wide utility easement located at the rear of the property. Whereas, with proper notice to the public, a public hearing was held on Tuesday, June 26, 2012, a during meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and Whereas, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 318 - square -foot portion of a 7.5- foot -wide utility easement out of Wooldridge Creek Unit 12, Block 2, Lot 26, subject to the provisions below; (Exhibit A — Location Map, Exhibits B & C - Metes and Bounds Description & Accompanying Map). Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That a 318 - square -foot portion of a 7.5- foot -wide utility easement out of Wooldridge Creek Unit 12, Block 2, Lot 26, located on the east side of Wishbone Court and north of Durant Drive, as recorded in Volume 64, Pages 68 -69 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owners' compliance with the conditions specified in Section 2 below: Section 2. The abandonment and vacation of the above utility easement is conditioned upon Owners' compliance with the following: a. The Owners are required to pay the fair market value of $750.00 for the abandonment and vacation of the 318 - square -foot portion of a 7.5- foot -wide utility easement out of Wooldridge Creek Unit 12, Block 2, Lot 26. b. Owners are required to allow access to the existing public utilities within the utility easement at all times without cost to the City or any of the public utility companies for restoration of any surface improvements and landscaping. c. Owners are required to maintain the area between the existing swimming pool and storage building and the remaining portion of the 7.5 -foot utility easement and keep said area free of any permanent structures that could prohibit access and maneuverability within the easement for the maintenance, repair, or replacement of any existing public utilities or installation of any future utilities. d. Owners must comply with all the specified conditions of the ordinance within 180 days of Council approval. Page 2 of 2 e. Upon approval by Council and issuance of the ordinance, all grants of easement closure must be recorded at Owners' expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the permitting of any construction on the land, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services, or his designee. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following votes: Joe Adame David Loeb Chris Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr. Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following votes: Joe Adame David Loeb Chris Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr. Mark Scott Priscilla Leal PASSED AND APPROVED this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor K: \DevelopmentSvcs \SPECIAL SERVICES \Willie Medina \EASEMENT CLOSURES \Wooldridge Creek Unit 12 \Wooldridge Creek Unit 12.ORD.revACG.doc PROPOSED EASEMENT CLOSURE LOT 26 BLOCK 2 WOOLDRIDGE CREEK UNIT 12 NUECES COUNTY, "TEXAS EXHIBIT A 2526 WISHBONE CT 50' RIGHT OF WAY Location Map Gti SITE AVIL STATE OF TEXAS COUNTY OF NUECES Exhibit B Field Notes of 318 sq. ft. out of Lot 26, .Block 2, Wooldridge Creek Unit 12, Nueces County, Texas, recorded in Volume 64, Pages 68 -69, Map Records of Nueces County, Texas. Said 318 sq. ft. being more particularly described as follows: COMMENCING at 5/8" iron rod found for the common corner being the northeast corner of Lot 26, the northwest corner of Lot 33, the southeast corner of Lot 25 and the southwest corner of Lot 34, Wooldridge Creek Unit 2. THENCE North 61 °00'00" West, with the north boundary of said Lot 26 and the south boundary of said Lot 25, a distance of 2.2 feet to a point for the POINT of BEGINNING. THENCE South 29 °00'00" West, a distance of 60.00 feet to a point on the south boundary said Lot 26 and the north boundary of Lot 27. THENCE North 61 °00'00" West, with the south boundary of Lot 26, a distance of 5.3 feet to a point. THENCE North 29 °00'00" East, a distance of 60.00 feet to a point on the north boundary said Lot 26 THENCE South 61 °00'00" East, with the north boundary of Lot 26 a distance of 5.3 feet to the POINT of BEGINNING of this survey, and containing 318 sq. ft. of land, more or less. Notes: 1.) Bearings are based on the recorded plat. 2.) This legal description does not represent an on the ground survey I, Ronald E. Brister do hereby certify that this survey of the property legally described herein is correct to the best of my knowledge and belief. Ronald E. Brister, RPLS No. 5407 Date: May 25, 2012. Job No. 12484 PROPOSED EASEMENT CLOSURE LOT 26 BLOCK 2 WOOLDRIDGE CREEK UNIT 12 NUECES COUNTY, TEXAS EXHIBIT C S 29 °00'00" W 60.00' (PLAT) 5.30' 00'S-1-1 H 0000.-19 S PROPOSED EASEMENT CLOSURE LOT 26 BLOCK 2 N 29 °00'00" E 60.00' (PLAT) 2526 WISHBONE CT 50' RIGHT OF WAY (lv 1d) ,00'STT M „00,00. -19 N 2.20' AGENDA MEMORANDUM for the City Council Meeting of June 26, 2012 DATE: TO: April 10, 2012 Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health 361- 826 -7203 An netter @cctexas. corn Professional Services agreement with Local Health Authority CAPTION: Resolution authorizing the City Manager or his designee to execute an agreement with Dr. William Burgin, Jr., to serve as the Local Health Authority for the Public Health District. PURPOSE: The Health District engages Dr. Burgin to provide professional services for the Health District in the capacity of the Health District's appointed local health authority. BACKGROUND AND FINDINGS: Dr. Burgin has served as the City's local health authority since 2004. ALTERNATIVES: Execute an agreement with another Local Health Authority OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required to execute agreement EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $96,911.90 $96,911.90 Encumbered / Expended Amount (6/12/2012) $90,419.86 $90,419.86 This item $4,166.66 70,833.39 $75,000.05 BALANCE $2,325.38 $ Fund(s):1020 Comments: County is responsible for payment of 50% of contract. RECOMMENDATION: Staff recommends approval of this resolution LIST OF SUPPORTING DOCUMENTS: Resolution Agreement Resolution authorizing the City Manager or his designee to execute an agreement with Dr. William Burgin, Jr., to serve as the Local Health Authority for the Public Health District. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute an agreement with Dr. William Burgin, Jr., to serve as the Local Health Authority for the Corpus Christi - Nueces County Public Health District. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor 0032_ 2_ 5bb4e3a1- 2f20 -41 fa- 8fad- 933ac1c36470 Page 1 of 2 Corpus Christi, Texas day of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 0032_ 2_ 5bb4e3a1- 2f20 -41 fa- 8fad- 933ac1c36470 Page 2 of 2 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, AND HEALTH AUTHORITY THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES Section 1. Parties. This professional services agreement ( "Agreement ") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ( "City "), acting through its City Manager or the City Manager's designee ( "City Manager "), Nueces County ( "County "), a political subdivision of the State of Texas, acting through its County Judge or the County Judge's designee ( "County Judge "), and Dr. William W. Burgin, Jr., M. D., a licensed medical doctor of the State of Texas, in his/her individual capacity ( "Dr. Burgin "). For the purposes set out in this document, the City and County, acting as an or- ganized local public health district pursuant to an existing cooperative agreement between the parties, may collectively be referred to as the "Health District" in this Agreement. Section 2. Engagement. The Health District engages Dr. Burgin to provide professional services for the Health District in the capacity of the Health District's appointed local health authority ( "Health Authority "), as the specific term and duties are defined under State law. Section 3. Contract Administrator. This Agreement will be administered by the City on behalf of the purposes of the Health District. Section 4. Term. Following appointment by the Health District's governing bodies and execution by the last party, the term of this Agreement commences with the date of the appointment and terminates under the provisions of Section 19 of this Agreement. Section 5. Services. In consideration of payment to be made for services rendered, Dr. Burgin agrees to provide professional services including, but not limited to, serving as the Medical Director , serving as the Local Health Authority, and performing the duties specified in Chapter 121 of the Texas Health and Safety Code for the Health District, whose main facility is located at 1702 Horne Road, Corpus Christi, Nueces County, Texas, and to the subdivisions of the City and County's Health Departments, such as Vital Statistics, Animal Control, and Vector Control, which are physically located elsewhere within the jurisdictional limits of Nueces County ( "Services "). In the event that Dr. Burgin provides specific program - related professional duties to the District's infectious diseases program or other clinical programs, Dr. Burgin shall be paid separately in accordance with the relevant State or federal program grant. Dr. Burgin will notify the Health District's Director each time authority is transferred and the expected duration of the transfer. Section 6. Emergency Operations Center. In the event of a weather, biological, or health emergency, or other public emergency, Dr. Burgin additionally agrees to provide Services upon activation of operations by the Emergency Operations Center ( "EOC "), which is located in the Frost Bank Building on Leopard Street, Corpus Christi, Texas. Dr. Burgin shall report to the EOC upon the request of the City or County EOC Director ( "Director ") and will remain on duty until released by the Director. Section 7. Relationship of the Parties. (A) Dr. Burgin will perform all Services as an independent contractor and will furnish the Services in his/her own manner and method. Under no circumstances or conditions will Dr. Burgin be considered an employee of the City or County or the District for any purpose or reason. Dr. Burgin may only act as an agent of the Health District in the capacity of a medical director and local Health Authority under State law. (B) Dr. Burgin acknowledges that he/she is competent, capable, qualified, and duly licensed by the State of Texas to perform the Services specified under this Agreement. Dr. Burgin shall be responsible for selecting a doctor that meets the requirements specified in this Agreement, subject to the approval of and appointment by the City and County, to serve as Dr. Burgin's alternate in the event of Dr. Burgin's absence, incapacitation, or inability to serve under the terms of this Agreement and Chapter 121 of the Texas Health and Safety Code. Section 8. Fee /Compensation for Services. (A) In consideration of Dr. Burgin's faithful performance of this Agreement and as full compensation for Services performed pursuant to this Agreement, the Health District shall pay Dr. Burgin a monthly amount of $8,333.33 to be remitted on a monthly basis following the delivery of Services. (B) Dr. Burgin acknowledges and agrees that he /she is personally responsible for the payment of all federal, State, and local taxes and fees, of any nature whatsoever, accruing or that may derive from the receipt of compensation, by Dr. Burgin, under this Agreement. Section 9. Insurance Required. (A) Before the performance required under this Agreement can begin, Dr. Burgin shall deliver copies of all Certificates of Insurance ( "Certificates ") required by Exhibit A, which is attached to this Agreement and incorporated in this Agreement by reference, as proof that the required insurance coverage provisions of this Agreement have been satisfied. Copies of the Certificates must be submitted to the City's Risk Manager ( "Risk Manager ") and to the City Manager. Dr. Burgin must maintain in good standing and keep in force all insurance coverages required under this Agreement for the term of this Agreement. (B) The Certificates must state, in writing on the face of each document, that the Risk Manager shall be given at least 30 days written notice of cancellation, any material change, or in -tent not to renew any of the policies required under this Agreement, by certified mail. Additionally, the City of Corpus Christi and Nueces County must be named as separate additional insureds for liability arising from Dr. Burgin's provision of Services under this Agreement. (C) If the insurance company or companies utilized by Dr. Burgin elects to use the standard ACORD form, the cancellation clause located on the bottom right of each ACORD form must Health Authority Comp Agmt vFinal 20120127 Page 2 of 9 be amended by adding the wording "materially changed or" between "be" and "canceled," deleting the words "endeavor to," and deleting the wording after "left." In lieu of modification of an ACORD form, separate endorsements addressing the same substantive requirements, as stated in this section and Exhibit A, are mandatory on the ACORD form. (D) Dr. Burgin must provide workers' compensation coverage through a licensed insurance company or through self- insurance obtained in accordance with Texas law. Section 10. Indemnification. To the extent allowed by Texas law, Dr. Burgin ( "lndemnitor ") will indemnify and hold harmless the City, the County, and their respective officers, employees, representatives, and agents ("Indemnitees”) from and against any and all liability, damages, loss, claims, demands, suits, and causes of action of every nature whatsoever asserted against or recovered from the Indem- nitees, or any of them individually, on account of personal injuries (including, without limitation on the foregoing, workers' compensation, premises defects, and death claims), property loss or damage, or any other kind of damage, including dishonest, fraudulent, negligent, or criminal acts of the lndemnitor or any of his /her employees, representatives, or agents, acting alone or in collusion with others, and including all expenses of litigation, court costs, and attorneys' fees which arise, or are claimed to arise, out of or in connection with the services provided by the Indemnitor pursuant to this Agreement, regardless of whether such injuries, death, or damages are caused or claimed to be caused by the concurrent or contributory negligence of the Indemnitees, or any of them individually. The Indemnitor covenants and agrees that, if the Indemnitees, or any of them individually, are made a party to any litigation against the lndemnitor or, in any litigation commenced by any party other than the Indemnitor, relating to this Agreement, the Indemnitor, shall, upon receipt of reasonable notice regarding the commencement of any litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend the Indemnitees collectively or each separately, in all actions based thereon with counsel satisfactory to the 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 11. Nondiscrimination. Dr. Burgin shall not discriminate nor permit discrimination against any person or group of persons, as to employment or in the performance of Services under this Agreement, on the grounds of race, religion, national origin, sex, disability, or age, Health Authority Comp Agmt vFinal 20120127 Page 3 of 9 or in any manner prohibited by the laws of the United States or the State of Texas. The City and County each retains the right to take such action as the United States may direct to en- force this non - discrimination covenant. Section 12. Compliance with. Laws. Dr. Burgin must comply with all applicable federal, State, and local government laws, rules, regulations, and ordinances, which may be applicable to the Services to be rendered under this Agreement and to his/her performance under this Agreement. Section 13. Notices. (A) All notices, demands, requests, or replies provided for or permitted, under this Agreement by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified mail, return receipt requested, postage prepaid; (3) by prepaid telegram; (4) by de- posit with an overnight express delivery service, for which service has been prepaid; or, (5) by fax transmission. (B) 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 in the manner described above will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fax will be deemed effective upon trans- mission with proof of delivery to the receiving party. All such communications must only be made to the following: IF TO THE HEALTH DISTRICT: City of Corpus Christi Attn: City Manager P. O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 880 -3220 Office (361) 880 -3839 Fax With a copy to: Nueces County Attn: County Judge 901 Leopard St., Rm. 303 Corpus Christi, TX 78401 (361) 888 -0444 Office (361) 888 -0445 Fax IF TO DR. BURGIN: Dr. William W. Burgin, Jr. Physician's Plaza West 2601 Hospital Blvd., Suite 117 Corpus Christi, TX 78405 (361) 884 -8209 Office (361) 882 -6649 Fax (C) Either party may change the address to which notice is sent by using a method set out above in this section. Dr. Burgin must notify the Health District of an address or phone number change within 10 days after the address or number is changed. Section 14. Amendments. No alterations, changes, or modifications to the terms of this Agreement nor the waiver of any provision will be valid unless made in writing and signed by Health Authority Comp Agmt vFir►al 20120127 Page 4 of 9 all parties to this Agreement by a person authorized to sign agreements on behalf of each party. With respect the Health District, the parties authorized to sign are as stated in the parties' cooperative agreement. Section 15. Waiver. (A) The failure of any party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights under this Agreement. (B) No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement by any party at any time, express or implied, will be taken to constitute a waiver of any subsequent breach of the covenant or condition nor will justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition of this Agreement. (C) If any action by Dr. Burgin requires the consent or approval of the Health District 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 Dr. Burgin's default of any provision of this Agreement will not be considered an estoppel against the Health District. It is expressly understood that, if at any time Dr. Burgin is in default of any of the conditions or covenants of this Agreement, the failure on the part of the Health District to promptly avail itself of any rights and remedies which the Health District may have will not be considered a waiver on the part of the Health District, but the Health District may at any time avail itself of said rights or remedies or elect to terminate this Agreement on account of said default. (E) The rights and remedies in this section are cumulative and are in addition to any other rights and remedies provided by law. Section 16. Budgetary Appropriations. Dr. Burgin understands and acknowledges that the continuation of this Agreement after the close of any fiscal year of the City or County, which fiscal year ends on July 31 and September 30, respectively, of each year, is subject to sufficient appropriations and budget approval providing for or covering this Agreement as an expenditure in the City's and County's budgets. Neither the City nor the County represents to Dr. Burgin that said budget item will be actually adopted, the determination as to appropri- ations and expenses being within the sole discretion of the City's and County's governing bodies at the time of adoption of their respective budgets. If revenue funds are not appro- priated by the City and County for any individual fiscal year following the execution of this Agreement, the Health District reserves the right to terminate this Agreement without penalty. Section 17. Force Majeure. No party to this Agreement will be liable for failures or delays in performance due to any cause beyond their control including, but not limited to, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Health Authority Comp Agmt vFinal 20120127 Page 5 of 9 Section 18. Assignment and Transfer of Agreement. This Agreement may not be, in whole or in part, assigned or transferred, directly or indirectly, by Dr. Burgin without the prior written consent of the Health District. Subject to the foregoing, this Agreement shall be binding upon the Health District and Dr. Burgin and each of their respective successors and assigns. Section 19. Termination of Agreement. (A) This Agreement terminates upon the earlier of the following: (1) The termination date specified in a written notice sent to Dr. Burgin from the Health District; (2) Lack of budgetary appropriations by the City or County, as specified in Section 16; (3) Expiration of the appointment of Dr. Burgin to act as the local Health Authority; or (4) By mutual consent of the parties to this Agreement. (B) In the event of a termination of this Agreement, any unpaid compensation due by the Health District to Dr. Burgin for Services performed up to the effective date of termination will be paid to Dr. Burgin within 10 days of the effective termination date. (C) The parties acknowledge and agree that this Agreement may be terminated with or without cause. (D) In the event of the expiration of the appointment of Dr. Burgin under the provisions of (A)(3) above, should Dr. Burgin continue to serve the District in a holdover capacity, this Agreement shall continue only until Dr. Burgin has been duly reappointed (at which time a new agreement will be executed and in place) or until another individual has been appointed as the Health Authority by the members of the District. It is the express intent of the parties that the terms of this Agreement shall survive during any holdover period, absent notice of termination under the provisions of (A)(1) above. Section 20. Venue and Jurisdiction. (A) All actions brought to enforce compliance will be brought in Nueces County, where this Agreement was executed and will be performed. (B) This Agreement will be governed by and construed in accordance with the laws of the State of Texas. Section 21. Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the Health Authority Comp Agmt vFinal 20120127 Page 6 of 9 parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. (B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement 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 Agreement automatically. Section 22. Disclosure of Interest. In compliance with Section 2 -349 of the City's Code of Ordinances, Dr. Burgin agrees to complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit B, the contents of which are incorporated in this document by reference as if fully set out in this Agreement. Dr. Burgin shall also be responsible for completing any disclosure forms required by the County relating to this Agreement. Section 23. Entirety Clause. This Agreement and the attached and incorporated exhibits constitute the entire agreement between the parties for the purposes stated. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Agreement and its exhibits of the terms, conditions, promises, and covenants relating to Dr. Burgin's performance hereunder. (EXECUTION PAGES FOLLOW) Health Authority Comp Agmt vFinal 20120127 Page 7 of 9 EXECUTED IN TRIPLICATE, each of which will be considered an original, on this the day of , 2012. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM ONLY: Vii/ t LA. 114 e Eliza•ih R. Hundley Assis ant City Attorney for the City Attorney STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI Ronald L. Olson City Manager I 'i ,2012 This instrument was acknowledged before me on the day of , 2012, byRonald L. Olson, City Manager of the City of Corpus Christi, Texas, a home -rule municipal corporation, on behalf of the corporation. (seal) Notary Public, State of Texas ATTEST: NUECES COUNTY Diana Barrera County Clerk Samuel L. Neal, Jr. County Judge APPROVED AS TO FORM ONLY: , 2012 Laura Garza Jimenez County Attorney Health Authority Comp Agmt vFinal 20120127 Page 8 of 9 STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of , 2012, by Samuel L. Neal, Jr. County Judge of Nueces County, Texas, a political subdivision of the State of Texas, on behalf of the county. Dr. William W. Burgin, Jr., in his individual capacity Signature Lod. Icta44 Printed Name Texas Medical License Number 81Z. Date STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the - day of by Dr. William W. Burgin, Jr. 0���„ r� ,�I�fA 1. CHAVEZ ° °= iUb�t blic, State of Texas t , My Commission Expires „;VP January 21, 2014 Health Authority Comp Agmt vFinal 20120127 lie, State of IP as , 2012, Page 9 of 9 EXHIBIT A INSURANCE REQUIREMENTS I. CONTRACTED PHYSICAN'S LIABILITY INSURANCE A. Contracted Physician must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City of Corpus Christi. Contracted Physician must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contracted Physician must furnish to the City of Corpus Christi's Risk Manager, a Certificate of Insurance with applicable policy endorsements showing the following minimum coverage by insurance company(s) acceptable to the Risk Manager. The City of Corpus Christi and Nueces County must be named as additional insured sfor 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, material change, non - renewal or termination and a 10 day written notice of cancellation for non - payment of premiums is required on all certificates or by policy endorsement Bodily Injury and Property Damage Per occurrence - aggregate AUTOMOBILE LIABILITY- -OWNED NON -OWNED OR RENTED At a minimum, $30,0001$60,000 for Bodily Injury and $30,000 for property damage PROFESSIONAL LIABILITY to include 1. Medical Malpractice $200,000 per occurrence / $600,000 aggregate Accidental Injury - Health Coverage In lieu of Workers Compensation requirement C. In the event of accidents of any kind, Contracted Physician must furnish the Risk Manager with copies of all reports of any accident within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance or by applicable policy endorsements: Contracted Physician agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: The City of Corpus Christi and Nueces County must be named as additional insureds on the liability coverage and a blanket waiver of subrogation is required on all applicable policies. 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, termination and a 10 day written notice of cancellation for non - payment of premium is required. 2012 Health Dept. Contracted Physician ins. req. 1 -23 -12 ep Risk Mgmt. City of Corpus Christi SUPPLIER NUMBER EXHIBIT B TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certification and definitions. COMPANY NAME: v { iQhn W • 1-3u,rg n r , M . rb. N lA P. O. Box: h� 1��9 STREET ADDRESS: PIDa. '9 d,1 CITY:LDYPUe,briiti 5 ZIP: FIRM IS: 1. Corporation . 2. Partnership ❑ 3. Sole Owner ❑ 4. Association _ 5. Other e/On tre f ilikeI'V,rf r a.4 If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name /V e Job Title and 7t/ gepartment (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name NA. Title A J /4 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name / A iv Board, C2mmi sjon or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N Ati Consultant NA FILING REQUIREMENTS If a person who request official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2- 349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: % A t l: a ►Ar w, 6 4) itr,'u Z. Title: Ilea. /t6 4 . 4 4 / . 7 Y Signature of Certifying Person: W-&------ 14 !' Date: 3- /-20/2-- DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit." An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non -profit organizations. e. "Official. "The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant. "Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Dorm 7 ell' AGENDA MEMORANDUM for the City Council Meeting of June 26, 2012 DATE: TO: April 13, 2012 Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health 361- 826 -7203 An netter @cctexas. corn Professional Services agreement with Alternate Local Health Authority CAPTION: Resolution authorizing the City Manager or his designee to execute an agreement with Dr. Colette Simon to serve as the Alternate Local Health Authority for the Public Health District. PURPOSE: The Health District engages Dr. Colette Simon to provide professional services for the Health District in the capacity of the Health District's appointed alternate local health authority. BACKGROUND AND FINDINGS: Dr. Simon has served as alternate local health authority since 2006. ALTERNATIVES: Execute an agreement with another Alternate Local Health Authority OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required to execute agreement EMERGENCY / NON - EMERGENCY: Non- emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approval of this resolution LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing the City Manager or his designee to execute an agreement with Dr. Colette Simon to serve as the Alternate Local Health Authority for the Public Health District. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute an agreement with Dr. Colette Simon to serve as the Alternate Local Health Authority for the Corpus Christi - Nueces County Public Health District. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor 0033_2_ad4112ed -43ff- 4949 - 9450- 92f92495a71 d Page 1 of 2 Corpus Christi, Texas day of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 0033_2_ad4112ed -43ff- 4949 - 9450- 92f92495a71 d Page 2 of 2 THE STATE OF TEXAS COUNTY OF NUECES PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, AND ALTERNATE HEALTH AUTHORITY § KNOW ALL BY THESE PRESENTS: Section 1. Parties. This alternate health authority agreement ( "Agreement ") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ( "City "), acting through its City Manager or the City Manager's designee ( "City Manager "), Nueces County ("County"), a political subdivision of the State of Texas, acting through its County Judge or the County Judge's designee ( "County Judge "), and Dr. Colette Simon, M. D., a licensed medical doctor of the State of Texas, in his/her individual capacity ( "Dr. Simon "). For the purposes set out in this document, the City and County, acting as an organized local public health district pursuant to an existing cooperative agreement between the parties, may collectively be referred to as the "Health District" in this Agreement. Section 2. Engagement, The Health District engages Dr. Simon to provide professional services for the Health District in the capacity of the Health District's appointed alternate local health authority ( "Alternate Health Authority "), as the specific term and duties are defined under State law, as a designee of and for Dr. William Burgin, Jr., M. D. ( "Dr. Burgin "). Section 3. Contract Administrator. This Agreement will be administered by the City on behalf of the purposes of the Health District. Section 4. Term. Following appointment by the Health District's governing bodies and execution by the last party, the term of this Agreement commences with the date of the appointment and terminates under the provisions of Section 19 of this Agreement. Section 5. Services. In consideration of payment to be made for services rendered, Dr. Simon agrees to provide professional services including, but not limited to, serving as the Medical Director, serving as the local Alternate Health Authority, and performing the duties specified in Chapter 121 of the Texas Health and Safety Code for the Health District, whose main facility is located at 1702 Horne Road, Corpus Christi, Nueces County, Texas, and to the subdivisions of the City and County's Health Departments, such as Vital Statistics, Animal Control, and Vector Control, which are physically located elsewhere within the jurisdictional limits of Nueces County ( "Services ") as the alternate selected and paid by Dr. William Burgin, Jr. In the event that Dr. Simon provides specific program - related professional duties to the District's infectious diseases program or other clinical programs, Dr. Simon shall be paid separately in accordance with the relevant State or federal program grant. Section 6. Emergency Operations Center. In the event of a weather, biological, or health emergency, or other public emergency, Dr. Simon additionally agrees to provide Services upon activation of operations by the Emergency Operations Center ( "EOC "), which is located in the Frost Bank Building on Leopard Street, Corpus Christi, Texas. Dr. Simon shall report to the EOC upon the request of the City or County EOC Director ( "Director ") and will remain on duty until released by the Director. Section 7. Relationship of the Parties. (A) Dr. Simon will perform all Services as an independent contractor and will furnish the Services in his/her own manner and method. Under no circumstances or conditions will Dr. Simon be considered an employee of the City or County or the District for any purpose or reason. Dr. Simon may only act as an agent of the Health District in the capacity of a medical director and local Alternate Health Authority under State law. (B) Dr. Simon acknowledges that he/she is competent, capable, qualified, and duly licensed by the State of Texas to perform the Services specified under this Agreement. Dr. Simon, subject to the selection by Dr. Burgin and approval of and appointment by the City and County, shall serve as a designee of and for Dr. Burgin in the event of Dr. Burgin's absence, incapacitation, or inability to serve under the terms of Dr. Burgin's separate agreement with the Health District and Chapter 121 of the Texas Health and Safety Code. In compliance with Section 121.0451(4) of the Texas Health and Safety Code, Dr. Simon will file a certified copy of Dr. Burgin's written delegation with the State each time authority is transferred by Dr. Burgin to Dr. Simon due to Dr. Burgin's absence, incapacitation, or inability to serve. Section 8. Fee /Compensation for Services. (A) In the event that Dr. Burgin utilizes the services of Dr. Simon, as his alternate, for any portion of any day under the term of this Agreement, Dr. Burgin shall be responsible for compensating Dr. Simon as specified under the terms of Dr. Burgin's separate agreement with the Health District. (B) Dr. Simon acknowledges and agrees that he /she is personally responsible for the payment of all federal, State, and local taxes and fees, of any nature whatsoever, accruing or that may derive from the receipt of compensation, by Dr. Simon, under this Agreement. Section 9. Insurance Required. (A) Before the performance required under this Agreement can begin, Dr. Simon shall deliver copies of all Certificates of Insurance ( "Certificates ") required by Exhibit A, which is attached to this Agreement and incorporated in this Agreement by reference, as proof that the required insurance coverage provisions of this Agreement have been satisfied. Copies of the Certificates must be submitted to the City's Risk Manager ( "Risk Manager") and to the City Manager. Dr. Simon must maintain in good standing and keep in force all insurance coverages required under this Agreement for the term of this Agreement. (B) The Certificates must state, in writing on the face of each document, that the Risk Manager shall be given at least 30 days written notice of cancellation, any material change, or intent not to renew any of the policies required under this Agreement, by certified mail. Additionally, the City of Corpus Christi and Nueces County must be named as separate additional insureds for liability arising from Dr. Simon's provision of Services under this Agreement. Health Authority Substit Comp Agmt vFinal 20120127 Page 2 of 9 (C) If the insurance company or companies utilized by Dr. Simon elects to use the standard ACORD form, the cancellation clause located on the bottom right of each ACORD form must be amended by adding the wording "materially changed or" between "be" and "canceled," deleting the words "endeavor to," and deleting the wording after "left." In lieu of modification of an ACORD form, separate endorsements addressing the same substantive requirements, as stated in this section and Exhibit A, are mandatory on the ACORD form. (ID) Dr. Simon must provide workers' compensation coverage through a licensed insurance company or through self - insurance obtained in accordance with Texas law. Section 10. Indemnification. To the extent allowed by Texas law, Dr. Simon ( "Indemnitor ") will indemnify and hold harmless the City, the County, and their respective officers, employees, representatives, and agents ( "Indemnitees ') from and against any and all liability, damages, loss, claims, demands, suits, and causes of action of every nature whatsoever asserted against or recovered from the Indem- nitees, or any of them individually, on account of personal injuries (including, without limitation on the foregoing, workers' compensa- tion, premises defects, and death claims), property loss or damage, or any other kind of damage, including dishonest, fraudulent, neg- ligent, or criminal acts of the Indemnitor or any of his /her employees, representatives, or agents, acting alone or in collusion with others, and including all expenses of litigation, court costs, and attorneys' fees which arise, or are claimed to arise, out of or in connection with the services provided by the Indemnitor pursuant to this Agreement, regardless of whether such injuries, death, or damages are caused or claimed to be caused by the concurrent or contributory negligence of the Indemnitees, or any of them individually, The Indemnitor cove- nants and agrees that, if the Indemnitees, or any of them individually, are made a party to any litigation against the Indemnitor or, in any litigation commenced by any party other than the Indemnitor, relating to this Agreement, the Indemnitor, shall, upon receipt of reasonable notice regarding the commencement of any litigation, at its own expense, investigate all claims and demands, attend to their settle- ment or other disposition, defend the Indemnitees collectively or each separately, in all actions based thereon with counsel satis- factory to the 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 11. Nondiscrimination. Dr. Simon shall not discriminate nor permit discrimination against any person or group of persons, as to employment or in the performance of Services Health Authority Substit Comp Agmt vFinal 20120127 Page 3 of 9 under this Agreement, on the grounds of race, religion, national origin, sex, disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The City and County each retains the right to take such action as the United States may direct to en- force this non - discrimination covenant. Section 12. Compliance with Laws. Dr. Simon must comply with all applicable federal, State, and local government laws, rules, regulations, and ordinances, which may be applicable to the Services to be rendered under this Agreement and to his/her performance under this Agreement. Section 13. Notices. (A) All notices, demands, requests,,or replies provided for or permitted, under this Agreement by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified mail, return receipt requested, postage prepaid; (3) by prepaid telegram; (4) by de- posit with an overnight express delivery service, for which service has been prepaid; or, (5) by fax transmission. (B) 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 in the manner described above will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fax will be deemed effective upon trans- mission with proof of delivery to the receiving party. All such communications must only be made to the following: IF TO THE HEALTH DISTRICT: City of Corpus Christi Attn: City Manager P. O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 826 -3220 Office (361) 826 -3839 Fax With a copy to: Nueces County Attn: County Judge 901 Leopard St., Rm. 303 Corpus Christi, TX 78401 (361) 888 -0444 Office (361) 888 -0445 Fax IF TO DR. SIMON: Dr. ColetteSimon Physician's Plaza West 2601 Hospital Blvd., Suite 117 Corpus Christi, TX 78405 (361) 884 -8200 Office (361) 882 -6649 Fax (C) Either party may change the address to which notice is sent by using a method set out above in this section. Dr. Simon must notify the Health District of an address or phone number change within 10 days after the address or number is changed. Health Authority Substit Comp Agmt vFinal 20120127 Page 4 of 9 Section 14. Amendments. No alterations, changes, or modifications to the terms of this Agreement nor the waiver of any provision will be valid unless made in writing and signed by all parties to this Agreement by a person authorized to sign agreements on behalf of each party. With respect the Health District, the parties authorized to sign are as stated in the parties' cooperative agreement. Section 15. Waiver. (A) The failure of any party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights under this Agreement. (B) No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement by any party at any time, express or implied, will be taken to constitute a waiver of any subsequent breach of the covenant or condition nor will justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition of this Agreement. (C) if any action by Dr. Simon requires the consent or approval of the Health District 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 Dr. Simon's default of any provision of this Agreement will not be considered an estoppel against the Health District. It is expressly understood that, if at any time Dr. Simon is in default of any of the conditions or covenants of this Agreement, the failure on the part of the Health District to promptly avail itself of any rights and remedies which the Health District may have will not be considered a waiver on the part of the Health District, but the Health District may at any time avail itself of said rights or remedies or elect to terminate this Agreement on account of said default. (E) The rights and remedies in this section are cumulative and are in addition to any other rights and remedies provided by law. Section 16. Budgetary Appropriations. Dr. Simon understands and acknowledges that the continuation of this Agreement after the close of any fiscal year of the City or County, which fiscal year ends on July 31 and September 30, respectively, of each year, is subject to sufficient appropriations and budget approval providing for or covering this Agreement as an expenditure in the City's and County's budgets. Neither the City nor the County represents to Dr. Simon that said budget item will be actually adopted, the determination as to appropri- ations and expenses being within the sole discretion of the City's and County's governing bodies at the time of adoption of their respective budgets. If revenue funds are not appro- priated by the City and County for any individual fiscal year following the execution of this Agreement, the Health District reserves the right to terminate this Agreement without penalty. Section 17. Force Majeure. No party to this Agreement will be liable for failures or delays in performance due to any cause beyond their control including, but not limited to, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Health Authority Substit Comp Agmt vFinal 20120127 Page 5 of 9 Section 18. Assignment and Transfer of Agreement. This Agreement may not be, in whole or in part, assigned or transferred, directly or indirectly, by Dr. Simon without the prior written consent of the Health District. Subject to the foregoing, this Agreement shall be binding upon the Health District and Dr. Simon and each of their respective successors and assigns. Section 19. Termination of Agreement. (A) This Agreement terminates upon the earlier of the following: (1) The termination date specified in a written notice sent to Dr. Simon from the Health District; (2) Lack of budgetary appropriations by the City or County, as specified in Section 16; (3) Expiration of the appointment of Dr. Burgin to act as the local Health Authority; (4) Expiration of the appointment of Dr. Simon to act as the local Alternate Health Authority; (5) Following . written notice to the City and County by Dr. Burgin of the withdrawal of Dr. Burgin's consent to have Dr. Simon serve as Dr. Burgin's designee, on behalf of the Health District, pursuant to Chapter 121 of the Texas Health and Safety Code; or (6) By mutual consent of the parties to this Agreement. (B) In the event of a termination of this Agreement, any unpaid compensation due by the Health District to Dr. Simon for Services performed up to the effective date of termination will be paid to Dr. Simon within 10 days of the effective termination date. (C) The parties acknowledge and agree that this Agreement may be terminated with or without cause. (D) In the event of the expiration of the appointment of Dr. Burgin under the provisions of (A)(3) above and the expiration of the appointment of Dr. Simon under the provisions of (A)(4) above, should Dr. Burgin continue to serve the District in a holdover capacity and Dr. Simon agrees to serve likewise as the local Alternate Health Authority, this Agreement shall continue only until Dr. Burgin has been duly reappointed (at which time, if Dr. Burgin desires, a new agreement with Dr. Simon will be executed and in place) or until another individual has been appointed as the Health Authority by the members of the District. It is the express intent of the parties that the terms of this Agreement shall survive during any holdover period, absent notice of termination under the provisions of (A)(1) above or the withdrawal of consent under the provisions of (A)(5) above. Section 20. Venue and Jurisdiction. (A) All actions brought to enforce compliance will be brought in Nueces County, where this Agreement was executed and will be performed. Health Authority Substit Comp Agnit vFinal 20120127 Page 6 of 9 (B) This Agreement will be governed by and construed in accordance with the laws of the State of Texas. Section 21. Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. (B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement 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 Agreement automatically. Section 22. Disclosure of Interest. In compliance with Section 2 -349 of the City's Code of Ordinances, Dr. Simon agrees to complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit B, the contents of which are incorporated in this document by reference as if fully set out in this Agreement. Dr. Simon shall also be responsible for completing any disclosure forms required by the County relating to this Agreement. Section 23. Entirety Clause. This Agreement and the attached and incorporated exhibits constitute the entire agreement between the parties for the purposes stated. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Agreement and its exhibits of the terms, conditions, promises, and covenants relating to Dr. Simon's performance hereunder. (EXECUTION PAGES FOLLOW) Health Authority Substit Comp Agmt uFinal 20120127 Page 7 of 9 EXECUTED IN TRIPLICATE, each of which will be considered an original, on this the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Ronald L. Olson City Secretary APPROVED AS TO FORM ONLY: Eliza- h R. Hundley Assts ant City Attorney for the City Attorney STATE OF TEXAS § COUNTY OF NUECES § City Manager ) ,2012 This instrument was acknowledged before me on the day of , 2012, by Ronald L. Olson, City Manager of the City of Corpus Christi, Texas, a home -rule municipal corporation, on behalf of the corporation. (seal) Notary Public, State of Texas ATTEST: NUECES COUNTY Diana Barrera County Clerk Samuel L. Neal, Jr. County Judge APPROVED AS TO FORM ONLY: , 2012 Laura Garza Jimenez County Attorney Health Authority Substit Comp Agmt vFinal 20120127 Page 8 of 9 STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of , 2012, by Samuel L. Neal, Jr. County Judge of Nueces County, Texas, a political subdivision of the State of Texas, on behalf of the county. Dr. Colette Simon, in her individual capacity Amon,,t6 S' nature (JoIe*e 61mon Printed Name MI O Texas Medical License Number 4110 Date STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the (1/4.) day of &x , 2012, by Dr. Colette Simon. —� •,� DINA L. CHAVEZ `. ^ Notary Public, State of 'texas aJ My Commission Expires 2014 IIMOVAL : � : ' 1.1 •u + lic, State of Te Health Authority Substit Comp Agmt vFinal 20120127 Page 9 of 9 EXHIBIT A INSURANCE REQUIREMENTS I. CONTRACTED PHYSICAN'S LIABILITY INSURANCE A. Contracted Physician must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City of Corpus Christi. Contracted Physician must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contracted Physician must furnish to the City of Corpus Christi's Risk Manager, a Certificate of Insurance with applicable policy endorsements showing the following minimum coverage by insurance company(s) acceptable to the Risk Manager. The City of Corpus Christi and Nueces County must be named as additional insured sfor 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, material change, non- renewal or termination and a 10 day written notice of cancellation for non - payment of premiums is required on all certificates or by policy endorsement Bodily Injury and Property Damage Per occurrence - aggregate AUTOMOBILE LIABILITY - -OWNED NON -OWNED OR RENTED At a minimum, $30,0001$60,000 for Bodily Injury and $30,000 for property damage PROFESSIONAL LIABILITY to include 1. Medical Malpractice $200,000 per occurrence 1$600,000 aggregate Accidental Injury - Health Coverage In lieu of Workers Compensation requirement C. In the event of accidents of any kind, Contracted Physician must furnish the Risk Manager with copies of all reports of any accident within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance or by applicable policy endorsements: Contracted Physician agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: The City of Corpus Christi and Nueces County must be named as additional insureds on the liability coverage and a blanket waiver of subrogation is required on all applicable policies. 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, termination and a 10 day written notice of cancellation for non - payment of premium is required. 2012 Health Dept. Contracted Physician ins. req. 1 -23 -12 ep Risk Mgmt. City of Corpus Christi SUPPLIER NUMBER EXHIBIT B TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certification and definitions. COMPANY NAME: P. O. Box: STREET ADDRESS: f/e7.5'rnn, lMD. ( O i Val S'F t t' 7 CITY: e„OretAS CJ'In 611 ZIP: 7 " FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner I 4. Association 5. Other SeIg If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name A) -A- Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/p Page 1 of 2 FILING REQUIREMENTS If a person who request official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2- 349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted ti he City of'Corptas Christi, Texas as changes occur. Certifying Person: Signature of Certifying Person: Title: frft Date: 5)-71P, DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. 'b. "Economic benefit." An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part -time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non- profit organizations. "Official."The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant. "Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Page 2 of 2 AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: June 6, 2012 TO: Ronald L. Olson, City Manager FROM: Carlos Valdez, City Attorney CarlosV @cctexas.com 361.826.3360 Resolution Authorizing Codifier CAPTION: RESOLUTION AUTHORIZING CODIFIER TO CREATE NEW SECTION NUMBER PURPOSE: Create a new section for ordinance to avoid confusion. BACKGROUND AND FINDINGS: Two ordinances have the same number. Need to create a new number. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to city ordinance Section 1 -4(c )(3). EMERGENCY / NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital xNot applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Recommend passage of resolution. LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION AUTHORIZING CODIFIER TO CREATE NEW SECTION NUMBER WHEREAS, the Corpus Christi City Council passed and approved Ordinance No. 024067 on June 20, 2000 amending Chapter 55 of the Code of Ordinances by adding a new Section 55 -64 to said Chapter; and WHEREAS, the Corpus Christi City Council passed and approved Ordinance No. 024531 on July 24, 2001 amending Chapter 55 of the code of Ordinances by adding Section 55 -64; and WHEREAS, in order to avoid confusion and have a unified Code of Ordinances, it is necessary to create a new section number for one of the two existing provisions numbered 55 -64. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: That pursuant to the authority of Code of Ordinances Section 1 -4 (c)(3) the Code of Ordinances codifier is hereby requested and authorized to create a new section number for one of the existing provisions presently numbered 55 -64 and accommodate both sections in the Code. ATTEST: CITY OF CORPUS CHRISTI, TEXAS Armando Chapa, City Secretary Joe Adame, Mayor Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott AGENDA MEMORANDUM for the City Council Meeting of June 26, 2012 DATE: TO: May 25, 2012 Ronald L. Olson, City Manager FROM: Fred Segundo, Aviation Director (361) 289 -0171 ext. 1213 freds @cctexas.com Authorizing the execution of a lease agreement with Aeronautical Radio, Inc. for aeronautical radio services at the Corpus Christi International Airport. CAPTION: Ordinance authorizing the City Manager, or designee, to execute an agreement with Aeronautical Radio, Inc. (ARINC) to lease space containing approximately twenty (20) square feet located in the lower level of the Corpus Christi International Airport (Airport) terminal for the maintenance and operation of aeronautical Communication equipment providing air /ground data communications to aircraft on the ground and en route within 200 nautical miles from Corpus Christi in consideration of payment of an annual rate per square foot of $51.38 for fiscal year 2011 -2012, $52.15 for fiscal year 2012 -2013 and $52.94 for fiscal year 2013 -2014, adjusted annually thereafter based on the current Terminal Rental Rate for future fiscal years, payable monthly for a term of five (5) years; and declaring an emergency. PURPOSE: Aeronautical Radio, Inc. (ARINC) has been providing communication services for airlines and the Transportation Security Administration (TSA), and CCIA requests approval to renew lease agreement with ARINC. BACKGROUND AND FINDINGS: Aeronautical Radio, Inc. (ARINC) has been providing communication services to airlines operation within 200 nautical miles of the Corpus Christi International Airport for several years. They are currently operating on a month to month extension of an expired lease. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This lease agreement conforms to the City Charter requirements. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal Finance Management and Budget FINANCIAL IMPACT: ❑ Operating ® Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,877.24 $1,027.56 Encumbered / Expended Amount This item - $1,438.62 - $1,027.56 BALANCE $1,438.62 $0.00 Fund(s): Airport Fund (4610) Comments: Decrease in revenue due to decrease in square footage. RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement AGREEMENT FOR AERONAUTICAL RADIO SERVICES AT CORPUS CHRISTI INTERNATIONAL AIRPORT THIS AGREEMENT is between the City of Corpus Christi, a Texas home -rule municipal corporation ( "City") and Aeronautical Radio, Inc., a Delaware corporation ( "Lessee "). WITNESSETH WHEREAS, the City owns and operates Corpus Christi International Airport ( "Airport "); and WHEREAS, the City has determined that aeronautical radio services are appropriate to the terminal building of said Airport; and WHEREAS, Lessee has offered to operate aeronautical radio services at said Airport; and WHEREAS, Lessee currently operates aeronautical radio services at said Airport. NOW THEREFORE, in consideration of the rentals, undertakings and covenants recited herein, the parties covenant as follows: 1. Premises. The City leases to Lessee space containing approximately twenty (20) square feet located in the lower level of the Terminal as shown on the attached Exhibit "A," hereinafter called "Premises ". City retains the right to require Lessee to physically adjust, relocate, remove or restore equipment to original condition, normal wear and tear excepted, within reason. The cost of the physical adjustment, relocation, removal or restoration shall be allowed as a deduction from payments to the City. The Director shall give the Lessee sixty (60) days advance notice of any such move if possible. 2. Term /Termination. The term of this Lease shall be five (5) years with an effective commencement date of January 1, 2012 and expiring December 31, 2016, with the option to extend for one additional five year term upon the written approval of the City Manager or his designee, ( "City Manager") and an authorized representative of Lessee at least ninety (90) days prior to the expiration of the current term. This Lease may be terminated by either party for any reason upon ninety (90) days prior written notice to the other. 3. Consideration. Lessee agrees to pay the City on a monthly basis an annual rate per square foot of $51.38 for fiscal year 2011 -2012, $52.15 for fiscal year 2012 -2013 and $52.94 for fiscal year 2013 -2014, adjusted annually thereafter based on the current Terminal Rental Rate for future fiscal years, payable on or before the 10th day of each month. The annual square foot rental rate may be adjusted annually in conjunction with the city's fiscal year and in accordance with the Airlines Airport Use Lease Agreement, a copy of which is on file with the Airport. The Lessee must make all payments hereunder at the following address: 1000 International Drive, Corpus Christi, Texas 78406. 4. Use of Premises. Lessee may install, maintain, operate, repair and remove aeronautical communication equipment providing air /ground data communications to the aircraft on the Page 1 of 6 ground and en route within 200 nautical miles of Corpus Christi. Except for equipment and facilities already in place on the effective date of this Lease, such installations and the subsequent use of such equipment shall be subject to the prior written approval of the Director of Aviation or his designee, applicable law, regulation, and City policy. The location of all such equipment and facilities shall be determined by City in its exclusive discretion. Lessee's equipment and communication systems shall not interfere with any City equipment or communication systems such as wireless systems, telecommunications systems, mobile information technology systems or any similar or related information technology systems. City shall have unrestricted access to all Lessee equipment and communication systems located on Leased Premises if any City equipment or systems interfaces with such Lessee equipment. Prior to any written approval, Lessee shall provide the Director of Aviation with all necessary supporting documentation related to such installations. 5. Facilities and Services provided by City. The City Shall: a. Keep in good condition and repair the roof, the exterior faces of all exterior walls, the foundation and the major building systems (plumbing, electrical and mechanical) of the Terminal. b. Provide adequate heat, air conditioning and ventilation volume. c. Maintain and repair utility, heating and air conditioning systems supplied by the City. d. Extend to Lessee the same fire and police protection and other services extended to other tenants. e. Ensure that access to Lessee's Premises complies with all applicable provisions of the Americans with Disabilities Act of 1990, as it may be amended from time to time. 6. Services and Equipment Furnished by Lessee. The Lessee shall: a. Provide, furnish, construct, install and maintain at its own expense all fixtures, furnishings, electric and telephone conduits and wires (or connection to same), equipment, additional lighting, and related items necessary to conduct Lessee's operations. All equipment, trade fixtures, etc. furnished and installed by Lessee remain the property of Lessee during this Lease and do not become real property or a part of the Terminal, regardless of whether or by what means they are or may be attached or affixed to the Terminal. b. Make such alterations or additions to, or improvements of, the Premises as Lessee deems necessary to install and maintain its aeronautical radio service equipment including installation and maintenance of electrical wiring and walls, with the written approval of the Director of Aviation, which approval shall not be unreasonably withheld. c. Install and maintain at Lessee's expense necessary equipment and decor within the Premises, for Lessee's use of the Premises. d. Provide an electrical utility meter for all electric service required above the standard lighting and HVAC provided by City to Terminal tenants. e. The Lessee must provide a complete and proper arrangement for the adequate sanitary handling and disposal, away from the Terminal, of all trash, garbage and other refuse caused as a result of the operation of its business. Lessee must provide and use a suitable covered metal receptacle for all garbage, trash and other refuse on or in connection with the Page 2 of 6 Premises. Piling of boxes, cartons, barrels or other similar items, in an unsightly or unsafe manner, on or about the Premises is forbidden. f. Lessee shall furnish services at the Premises seven (7) days a week. g. Lessee must pay all lawful taxes and assessments including ad valorem taxes which, during the term hereof, may become a lien or may be levied by the state, county, city or any other tax levying body upon the Premises, or upon any taxable interest by Lessee acquired in this Lease Agreement. Upon making such payments, Lessee shall give to the City a copy of the receipts and vouchers showing such payment. h. The Director may adopt and enforce reasonable rules and regulations with respect to the use of the Airport, Terminal and related facilities which the Lessee agrees to obey and observe. i. Restore Premises to original condition upon termination of this Lease or Lessee's vacating the Premises for any reason, normal wear and tear excepted. 7. Applicable Laws. Lessee shall comply with all laws, ordinances, regulations and rules of the City and the federal and state governments which may be applicable to its operations under this Lease. 8. Nondiscrimination. Lessee, in exercising any of the rights or privileges granted herein, must not on the grounds of race or national origin discriminate or permit discrimination against any person or group of persons in any manner prohibited by Part 15 of the Federal Aviation Regulations. The City is hereby granted the right to take such action, anything to the contrary herein notwithstanding, as the United States may direct to enforce this nondiscrimination covenant. 9. Trademarks /Signs. Lessee may operate the Premises under any trademark, logo or service mark permitted by applicable laws or regulations. 10. Ingress /Egress. Subject to reasonable rules of the Director of Aviation, Lessee, its employees, servants, patrons, invitees, suppliers of materials and furnishers of services have the right of ingress to and egress from the Premises. 11. Assignment /Subletting. This Lease may not be assigned, transferred, pledged or otherwise encumbered without the prior written approval of the City. Lessee shall not sublet the use or operation of any part of the Premises, or utilize the Premises for any purpose other than set out in Section 4, without prior written approval of the City. 12. Insurance. During the term of this Agreement, Lessee, at its own expense, shall maintain and provide Certificates of Insurance evidencing the fallowing coverages: (i) Commercial General Liability insurance for bodily injury and property damage in a limit of not less than $1,000,000 (One Million Dollars) per occurrence; (ii) Automobile liability providing coverage for owned, non - owned and hired vehicles in an amount not less than $1,000,000 (One Million Dollars), (iii) "All Risk" property insurance covering Lessee's business personal property for the replacement value thereof; and (iv) a Workers Compensation policy with statutory limits and Employers Liability coverage with at least the following limits: $500,000 per accident, and $500,000 per disease (each employee). Lessor shall be named as additional insured on the Commercial General Liability and auto liability policies. if such coverage is canceled or reduced, the Lessee must, within thirty (30) days after the date of such written notice from the insurer of such Page 3 of 6 cancellation or reduction of coverage, file with the City's Risk Manager a certificate showing that the required insurance has been reinstated or provided through another insurance company or companies. Lessee must provide for the prompt and efficient handling of all claims for bodily injury, property damage or theft arising out of the activities of Lessee under this Agreement. Lessee agrees that all such claims, whether processed by Lessee or its insurer either directly or by means of an agent, will be handled by a person or representative of the Lessee. 13. Indemnity. Lessee must indemnify and hold City, its officers, agents and employees ( "Indemnitees ") harmless of, from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property to the extent any such damage or injury may be incident to, arise out of, or be caused, wholly or in part, by an act of omission, negligence, or misconduct on the part of Lessee or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the Premises pursuant to this Aeronautical Radio Services Agreement with the expressed or implied invitation or permission of Lessee, or when any such injury or damage is the result, proximate or remote, of the violation by Lessee, or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or when any such injury or damage may in any other way arise from or out of the improvement located on the Premises herein, or out of the use or occupancy of any Improvement to the Premises or the Premises itself by Lessee, its agents, servants, employees, contractors, patrons, guests, licensees. 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 the Agreement, Lessee shall defend City upon receipt of reasonable notice regarding commencement of such litigation. 14. Termination. 1. By City: In addition to any other termination rights contained in this Lease, the City may, upon ninety (90) days written notice to the Lessee, except as otherwise provided herein, terminate this Lease any time after the occurrence of any one or more of the following events: a. Non - payment of fees due the City under this Lease if such non - payment continues for a 30 day period following notice in writing of such non- payment. In such event, termination is effective upon the expiration of 10 days after written notice is sent by Director to Lessee. b. If any petition is filed by or against Lessee to declare it bankrupt or to delay, reduce, or modify its debts or obligations, if Lessee's property is made available for the benefit of creditors, or if a receiver or trustee is appointed for it or its property, the City may treat the occurrence of any one or more of the foregoing events as a breach of the Lease and thereupon may terminate the Lease without notice, and immediately enter and repossess the Premises. c. Cessation of Lessee's operations hereunder. d. Non - performance of any covenant of this Lease, excluding the covenant of payments herein contained, which shall be treated as set out above, and failure of Page 4 of 6 Lessee to remedy such breach or diligently pursue remedy within thirty (30) days after Director sends Lessee written notice of the existence of said breach. e. Lessee becomes permanently deprived of the rights, powers and privileges necessary to the proper conduct of its operations at the Premises. f. If Terminal or Premises are damaged by fire or other casualty, City may terminate this Lease and rebate any prepaid rent on a pro rata basis. 2. By Lessee: In addition to any other termination rights contained in this Lease, this Lease is subject to termination by the Lessee in the event of any one or more of the following events: a. The permanent abandonment or closure of Corpus Christi International Airport as an air terminal. b. The lawful assumption by the United State Government, or any authorized agency thereof, of the operation, control or use of the Airport, or any substantial part or parts thereof in such a manner as to substantially restrict Lessee therefrom for a period in excess of ninety (90) days. c. Issuance by any court of competent jurisdiction of an injunction in any way preventing or restraining the use of the Airport, and the remaining in force of such injunction for a period in excess of ninety (90) days. d. The default by the City in the performance of any covenant or agreement herein required to be performed by the City, and the failure of the City to remedy such default for a period of ninety (90) days after written notice by Lessee to Director to remedy the same. e. Ninety (90) days after giving written notice of termination to the Director of Aviation. 3. Removal of Contents from Premises. Upon termination or this Lease for any reason, Lessee, at its sole cost and expense, shall remove from Premises all equipment, trade fixtures and all other items installed, and restore the Premises to their original condition, reasonable wear and tear excepted. The City acknowledges that such restoration will be done in a good and workmanlike manner but that such restoration and the accompanying repairs may not be completely invisible. If Lessee fails to do so within thirty (30) days of the termination or expiration, then the City may effect such removal or restoration at the sole cost and expense of Lessee, and Lessee agrees to pay the City's costs plus 15% within thirty (30) days after Director's invoice to Lessee therefor. 15. Notices. All notices, statements, demands, requests, consents, approvals, authorizations, offers, agreements, appointments or designations under this Lease by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if hand delivered, sent by certified mail, return receipt requested, or by a reputable overnight delivery service to the appropriate party at the addresses set out below or to any other address that the parties subsequently designate in writing. To City: City of Corpus Christi 1000 International Drive Corpus Christi, TX 78406 Attention: Director of Aviation Page 5 of 6 To Lessee: Aeronautical Radio, Inc. 2551 Riva Road, MS 5 -1B35 Annapolis, MD 21401 -7435 Attention: Real Estate Dept. Phone: 410 - 266- 4066/2921 Fax: 410 -266 -4010 16. Attorneys' Fees. If there is any legal or arbitration action or proceeding between the City and the Lessee to enforce any provision of this Lease or to protect or establish any right or remedy of either the City or the Lessee hereunder, the unsuccessful party to such action or proceeding will pay the prevailing party all costs and expenses, including reasonable attorneys' fees (including allocated costs of Lessee's or City's in -house attorney) incurred by such prevailing party in such action or proceeding and in any appearance in connection therewith, and if such prevailing party recovers a judgment in any such action, proceeding or appeal, such costs, expenses and attorneys' fees will be determined by the court or arbitration panel handling the proceeding and will be included in and as part of such judgment. 17. Sponsor Assurance. This agreement is subject to the terms of any Sponsor's Agreements between the City and the Federal Aviation Administration. 18. Entire Agreement. This lease constitutes the entire agreement between the City and Lessee. Each party signing this Lease by his signature stipulates that all actions necessary to authorize this Lease have been taken. Signed on this day of , 2012 ATTEST: CITY OF CORPUS CHRISTI (LESSOR) Armando Chapa, City Secretary Ronald L. Olson, City Manager Approved as to legal form this By: Charlotte P. Yochem Assistant City Attorney For City Attorney day of , 2012 AERONAUTICAL RADIO, INC. (LES Robert E. Manig Human Resource Page 6 of 6 Id, Jr., s Adm • raitt istration CITY OF CORPUS CHRISTI DISCLOSURE OF OWNERSHIP INTERESTS City of Corpus Christi Ordinance 17112 requires all persons (APPLICANT) seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "N/A." APPLICANT NAME: ARINC Incorporated APPLICANT ADDRESS: 2551 Riva Road, Annapolis, MD 21401 APPLICANT is 1. Corporation (X) 2. Partnership ( ) 3. Sole Owner ( ) 4. Association ( ) 5. Other ( ) Please answer the following questions on a separate attached sheet if necessary. SECTION 1 — CORPORATION 1 a. Names and addresses of all Officers and Directors of Corporation. John Belcher* Peter J. Clare Ian Fujiyama Thomas Rabaut Thomas A. Corcoran General Ralph E. Eberhart Francis Raborn Tuvia Barak Dayne Baird * Chairman John M. Belcher ............... Chairman & Chief Executive Officer Stephen L. Waechter.......... Vice President, Business Operations & Chief Financial Officer Robert E. Manigold ......... Vice President, Human Resources & Administration David J. Morrissey ............Vice President, Airports & Surface Transportation Stephen E. Means. Vice President, Aviation Solutions Randolph F. Pizzi .............. Vice President, International David A. Poltorak ............. Vice President, European Operations (EMEA) Michael A. Young Vice President, Aerospace Systems Engineering & Support Mario F. Montero, Jr Vice President, Defense Systems Engineering & Support Joan L. Decker ............... Vice President, Controller & Assistant Secretary Keith W. Welsh Treasurer & Assistant Secretary John C. Smith ...................Vice President — Law, General Counsel & Secretary Chris Armiger Vice President- Finance Address for all of the above individuals is c/o ARINC Incorporated, 2551 Riva Road, Annapolis, MD 21401. 1b. Names and addresses of all shareholders of the Corporation owning shares equal to or in excess of three percent (3 %) of the proportionate ownership interest and the percentage of each shareholder's interest. (Note: Corporations which submit S.E.C. form 10K may substitute that statement for the material required herein.) Radio Holdings, Inc.- 100% SECTION 2 — PARTNERSHIP /ASSOCIATIONIJOIINT VENTURE 2a. The name, address, and percentage of interest of each partner whose interest therein, whether limited or general, is equal to or in excess of three percent (3 %). N/A 2b. Associations: The name and address of all officers, directors, and other members with three percent (3 %) or greater interest. N/A SECTION 3 — ALL APPLICANTS — ADDITIONAL DISCLOSURE 3a. Specify which, if any, interest disclosed in Section 1 or 2 are being held by agent or trustee and give the name and address of principal AND /OR by a trust and give the trust number, institution, name and address of trustee or estate administrator, and name, address, and percentage of interest in total entity. N/A 3b. If any interest named in Section 1 or 2 is being held by a "holding" corporation or other "holding" entity not an individual, state the names and addresses of all parties holding more than a three percent (3 %) interest in that "holding" corporation or entity as required in 1(a), 1(b), 2(a), and 2(b). Carlyle Partners IV ARINC Holdings, Inc., L.P. — The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware, 19801. 3c. If "constructive control" of any interest named in Section 1 or 2 is held by another party, give name and address of party with constructive control. ( "Constructive control" refers to control established through voting trusts, proxies, or special terms of venture or partnership agreements.) N/A 3d. If any interest named in Section 1, 2, 3a, 3b, or 3c is being held by a member of the City Council, an employee, or a member of a Board or Commission appointed by the City Council of the City of Corpus Christi, state the name, address, and whether the individual is a member of the City Council, an employee, or a Board or Commission member. N/A I have not withheld disclosure of any interest known to me. Information provided is accurate and current. Signed this the \ day of Tu. \ e. , 2012. Signature of Person Preparing Statement oth, C. ?ci -r'iis - Sr Name and Title BEFORE ME, the undersigned authority, this day personally appeared p, ; �INcia- c S (name of affiant) and by oath stated that the facts hereinabove stated are true and correct to the best of (1is her) knowledge or, belief. SWORN TO AND SUBSCRIBED BEFORE me on this /st day of Notary Public, State of Miry /a A My Commission Expires December 14, 2012 Page 1 of 2 Ordinance Authorizing the City Manager, or designee, to execute an agreement with Aeronautical Radio, Inc. (ARINC) to lease space containing approximately twenty (20) square feet located in the lower level of the Corpus Christi International Airport (Airport) terminal for the maintenance and operation of aeronautical Communication equipment providing air /ground data communications to aircraft on the ground and en route within 200 nautical miles from Corpus Christi in consideration of payment of an annual rate per square foot of $51.38 for fiscal year 2011 -2012, $52.15 for fiscal year 2012 -2013 and $52.94 for fiscal year 2013 -2014, adjusted annually thereafter based on the current Terminal Rental Rate for future fiscal years, payable monthly for a term of five (5) years; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager, or designee, is hereby authorized to execute an agreement with ARINC to lease space containing approximately twenty (20) square feet located in the lower level of the Airport terminal for the maintenance and operation of aeronautical communication equipment providing air /ground data communications to aircraft on the ground and en route within 200 nautical miles from Corpus Christi in consideration of an annual rate per square foot of $51.38 for fiscal year 2011 -2012, $52.15 for fiscal year 2012 -2013 and $52.94 for fiscal year 2013 -2014, adjusted annually thereafter based on the current Terminal Rental Rate for future fiscal years, payable monthly, for a term of five (5) years, which agreement is attached hereto as Exhibit A. 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 on this the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary 003531 8fb7f8a- 47f5- 48b7- 9af3- 7788f4041709 Joe Adame Mayor Page 2 of 2 Corpus Christi, Texas Day of , 2012 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 003531 8fb7f8a- 47f5- 48b7- 9af3- 7788f4041709 AGENDA MEMORANDUM for the City Council Meeting of June 26,2012 DATE: June 7, 2012 TO: Ronald L. Olson, City Manager FROM: Gustavo Gonzalez, P.E. Director of Water Operations gustavogo@cctexas.com 361.826.1874 CAPTION: Amending water right permits for mining use. Resolution granting authority to the City Manager or designee to amend the Choke Canyon and Lake Corpus Christi water right permits. BACKGROUND AND FINDINGS: The City of Corpus Christi by certificate of adjudication numbers 2464 and 3214 has a right to divert a total of 443,898 ac -ft of water out of the Nueces River Basin. The certificates specify that the water is to be used for municipal, and industrial, however it does not allow for mining. As such, there has been interest from firms requesting to lease minimal water from the system. Revenues from the lease contracts may be used to fund additional water supply projects or acquire additional water rights. This resolution will grant the city manager the authorization to sign the two applications to amend the water right permits for mining purposes. ALTERNATIVES: There are no other alternatives OTHER CONSIDERATIONS: No other considerations CONFORMITY TO CITY POLICY: The City of Corpus Christi has several other water contracts with municipalities and industrial customers. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: None required FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP) Current Year Future Years TOTALS Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this item. LIST OF SUPPORTING DOCUMENTS: Water right Amendment Application Approvals: Lisa Aguilar, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager Resolution granting authority to the City Manager or designee to amend the Choke Canyon and Lake Corpus Christi water right permits. Whereas, the City of Corpus Christi previously received Certificate of Adjudication No. 21 -3214 and No. 21 -2464, ( "Certificates ") from Texas Water Commission, which authorize the City of Corpus Christi to divert a total of 443,898 acre feet of water per annum out of the Nueces River Basin; Whereas, the City of Corpus Christi desires to amend the Certificates to add mining use as an additional permissible use for which water may be diverted, and to authorize the diversion of the water from any point along the perimeter of the Choke Canyon and Lake Corpus Christi reservoirs; Now, therefore be it resolved by the City of Corpus Christi, Texas that: Section1. That the City Manager is authorized to execute all documents necessary to amend Certificate of Adjudication No. 21 -3214 and Certificate of Adjudication No. 21- 2464 to add mining use to the purposes for water appropriated under the Certificates and to authorize the diversion of the water from any point along the perimeter of the Choke Canyon Reservoir and the Lake Corpus Christi reservoirs. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Corpus Christi, Texas Joe Adame Mayor day of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott MEMORANDUM SIGNATURE REQUEST To: Ron L. Olson, City Manager Thru: Oscar Martinez, Assistant City Manager Date: February 13, 2012 Subject: Amend Certificates of Adjudication for mining purposes Brief Description / Title of Item Requiring Signature: T-le City of Corpus Christi a water permit holder manages the Lake Corpus Christi and Choke Canyon reservoirs. This is an application to amend Adjudication Certificates No. 21-3214 and 21-24564 for proposed changes to the water right authorizations. The City of Corpus Christi is seeking authority from the Commission to use water appropriated under the certificates of adjudication for all authorized purposes without distinction by adding mining use to the purposes and to divert the water from any point along the perimeter of the reservoir. Comments: The applications were prepared by our contract attorney Tim Brown of Austin. This amendment will allow for the diversion of surface water from Choke Canyon reservoir for mining activities. If council approves any contract water sales, then all revenues generated will be deposited to the water fund and used to either reduce rates or fund future water supplies. Staff presented this item to council in executive session. Requested Return Date: Please indicate your timeframe/urgency. Please sign both documents and return to Gus Gonzalez at the Water Dept within five working days. Recommendation: I have reviewed this item and approve it for your signature. TEXAS COMM[SSICN ON ENVIRONMENTAL QUALITY BOX 13087, MC-160 Austin, Texas 78711-3087 Telephone No. (512) 239-4730 FAX (512) 239-4770 APPLICATION FOR AMENDMENT TO A WATER RIGHT REQUIRING MAILED AND PUBLISHED NOTICE; or NOT REQUIRING MAILED AND PUBLISHED NOTICE Reference Texas Administrative Code Section 295:155(b) or cf). P-O. Name: City of Corpus Christi in its capacity as managing operator of the Choke Canyon-Lake Corpus Christi Reservoir System Address: P,O. Box S277 Corpus Christi TX 78459-9277 Telephone: Austin contact: 371'7070 Corpus Christi contact: (3 01) 826-3371 Federal ID. No.: 74-6000974 2. G Permit c Certified Filing or Adjudication Cert. No.:21'3214 Stream Frio Riwer, tributary of the Nueces River Watershed Nueces River Basin Reservoir (present condition, if one exists): Choke Canyon Reservoir County: Live Oak County 3. Proposed Changes To Water Right AuthorizEihons: (a) Applicant seeks authority from the Commission to use the water appropriated under the certificate of adjudication for all authorized purposes without distinction. (b) Applicant seeks to add mining use to the purposes for which water may be diverted, (c) Applicant seeks authority to divert the water authorized to be appropriated and used from any point along the perimeter of the reservoir, 4. | understand that the Agency may require additional information in regard to the requested amendment before considering my application, 5. I have submitted partial required fees herewith (Sections 285.131-295.139). and request the staff to calculate and notify the City of Corpus Christi of the fLill amount of the fees which will be immediately disbursed to the Commission. Witness my hand at Corpus Christi, Texas, 2012, Olson C agar Subscribed 1641'N- bedan�s�u,ntoashoing�ru�mndnon�ciboforomn�1Hi� r day of F�� ^`)JO1Q, AA 1.4..AAAAAAAA4AtAAJ.AAA6AAAAAAAAAILMA, ESTHER VELAZQUEZ | 1 y Commission Expires duly 05, 2014 Notary Public, State of Texas C:SFORMSA.Applic Choka Mutii Ova/ sor it acfb .11.mng 2ffi O'e,nr,ed 1100 TEXAS COMMISS[ON ON ENVIRONMENTAL QUALITY P,O. BOX 13087, MC-160 Austin, Texas 78711-3087 Telephone No. (512) 239-4730 FAX (512) 239-4770 APPLICATION FOR AMENDMENT TO A WATER RIGHT REQUIRING MAILED AND PUBLISHED NOTICE; or NOT REQUIRING MAILED AND PUBLISHED NOTICE Reference Texas Administrative Code Section 295 158(b) or © 1, Name: City of Corpus Christi in its capacity as managing operator of the Choke Canyon-Lake Corpus Christi Reservoir System Address: P.O. Box 9277 Corpus Christi, TX 78469-9277 Telephone: Austin contact: 371-7070 Corpus Christi contact: (361) 826-3371 Federal ID, No,: 74-6000974 2. G Permit c Certified Filing or G Adjudication Cert. No.: 21-2464 Stream Nueces River Watershed Nueces River Basin Reservoir (present condition, if one exists): Lake Corpus Christi County: San Patricio and Jim Wells Counties 3. Proposed Changes To Water Right Authorizations: (a) Applicant seeks authority from the Commission to use the water appropriated under the certificate of adjudication for all authorized purposes without distinction. (b) Applicant seeks to add mining use to the purposes for which water may be diverted. (c) Applicant seeks authority to divert the water authorized to be appropriated and used from any point along the perimeter of the reservoir. 4. I understand that the Agency may require additional information in regard to the requested amendment before considering my application. 5. I have submitted partial required fees herewith (Sections 295.131-295.139), and request the staff to calculate and notify the City of Corpus Christi of the full amount of the fees which will be immediately disbursed to the Commission. Witness my hand at Corpus Christi, Texas, day of 2012. Ronald L Olson City -mager Subscribed and sworn to as being true and correct before me this day of OJI I/CL- •%jfl.fl .4,144%1,01A., d,1 A., Alfa% X.r. ESTHER VELAZQUEZ My Commission Expiros July 05, 2014 Notary Public, State of Texas CAFORMS‘Appit LCC Multi dversion paint add minino 2011-10.1 doc(gfr,sed %/CO) AGENDA MEMORANDUM for the City Council Meeting of June 26, 2012 DATE: June 1, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E. Interim Director of Engineering Services danb @cctexas.corn Fred Segundo, Director of Aviation fredS ( cctexas. corn Motion approving the acquisition of an Avigation Easement and two tracts of land referred to as Parcels 3, 3A,and 3B, needed for the CCIA Runway 17 -35 Extension /Displacement Project. CAPTION: Motion authorizing the City Manager or designee to execute an Avigation Easement referred to as Parcel 3 and Special Warranty Deeds referred to as Parcels 3A and 3B, out of Lots 1 and 2, V.M. Donigan Partition, located north of the Corpus Christi International Airport (CCIA) and State Highway 44; from Mary Frances Wilson Burson and fourteen other undivided fee owners; for a total expenditure of $54,000 which includes $52,000 for the avigation easement and land, with additional expense of $2,000 for title policies, recording fees and incidentals; all necessary for the CCIA Runway 17 -35 Relocation /Displacement Project E11046 and for other municipal purposes. PURPOSE: The passage of this motion authorizes the City to acquire an avigation easement and two tracts of land needed for a public aviation project at the Corpus Christi International Airport. BACKGROUND AND FINDINGS: In May 2011, City Council approved funds for Capital Improvement Projects at Corpus Christi International Airport (CCIA). The funds were to be used on an interim basis for design, environmental studies, and land acquisition costs in advance of a future award of a Federal Aviation Administrative (FAA) grant. The future FAA Grant will provide 90% of the eligible expenses with Aviation CIP funds providing the other 10 %. The proposed CIP project involves an extension of both Runways 17 -35 and 13 -31 which will address safety issues resulting from potential runway incursion incidents. The proposed extension for Runway 17 -35 requires acquisition of a total of six parcels comprised of three Avigation Easements needed for the runway protection zone (RPZ) and three tracts of land needed for the runway approach lighting stations. The Avigation Easements place a defined height restriction as well as a use restriction on the property. Following Federal Acquisition procedures, City Land Acquisition staff began negotiations with three groups of landowners. Offers of just compensation were made to all the landowners based on appraisal reports obtained by the City, a copy of which was provided to the property owners. City Land Acquisition staff has acquired full title to the land and avigation easement for Parcels 2 and 2A. Eminent domain proceedings for Parcels 1 and 3, 3A, 3B were tentatively set for approval by City Council on June 12, 2012. Staff was able to conclude negotiations for Parcels 3 -3B successfully and receive the needed signed instruments shortly after that date. The negotiations for Parcel 1, Avigation Easement, are concluding and will be acquired in the amount of $25,312. City Council approval is now needed for the remaining Parcels 3, 3A and 3B. Expenditures for land rights which exceed $50,000 require approval by City Council. As shown on the attached Parcel map, Parcel 3 is a 14.10 acre Avigation Easement. Parcels 3A and 3B, which total .87 acres, are needed for access purposes to construct a road to the approach lighting station. The City will acquire fee simple surface rights to these parcels. All three parcels are out of the V.M. Donigan Partition located just north of the airport. Ownership is divided among fifteen separate undivided fee owners. Negotiations have now concluded successfully and an administrative settlement in the amount of $52,000 has been accepted by them. The City has received signed Avigation Easements and Special Warranty Deeds which require signature by the City Manager or designee. The City will obtain a single title policy from San Jacinto Title Company for all the easements and deeds combined. ALTERNATIVES: No alternatives are available. City Council approval is required. OTHER CONSIDERATIONS: Failure to acquire the needed parcels would result in loss of FAA grant funds for this project. CONFORMITY TO CITY POLICY: The motion conforms to the City Charter, Code of Ordinances, Article X, General Powers and Provisions, Sections 1 and 2. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Aviation and Engineering Departments. FINANCIAL IMPACT: ❑ Operating ❑ Revenue [X] Capital ❑Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 566,000 3,822,500 11,467,500 15,856,000 Encumbered / Expended Amount 566,000 1,152,648 0 1,718,648 This item 54,000 54,000 BALANCE 0 2,615,852 11,467,500 14,083,352 Fund(s): Aviation 550701 -3020 - 00000- G47E11046 $ 51,300.00 (95 %) 550701- 3020A- 00000- G47E11046 $ 2,700.00 (5 %) Comments: The total expenditure of $54,000 is prorated at a 5% CIP to 95% FAA grant funds. RECOMMENDATION: Approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Certification of Funds Parcel Map Fi!e: \ Mproject \councilexh \exhE11046L4ND.dwg Corpus Christi International Airport CCIA Runway 17 -35 CITY COUNCIL EXHIBIT C1 N OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 7 of 1 Parcels 3, 3A, & 3B Ownership List CCIA Runway 17 -35 Extension /Displacement and Connection Taxiway Project E11046 # Name Undivided Interest % 1 James Daniel Walker 7.69% 2 Charles Arthur Walker 7.69% 3 Mary Frances Wilson Burson 7.69% 4 James Fred Ogburn 7.69% 5 Sylvia Claire Wilson Beckman 7.69% 6 George David Wilson 7.69% 7 Bettye Joyce Walker Coats 7.69% 8 Ann B. Trumbly Living Trust 7.69% 9 Kelley D. Cook 7.69% 10 Starla Leigh Burnham 2.56% 11 William Taylor Laughlin Estate 7.69% 12 Rodney Blake Driskill 7.69% 13 Nancy Ogburn Dempsey 7.69% 14 Jarma Dawn Aycox 2.56% 15 David Eugene Burnham 2.56% 100% AVIGATION AND HAZARD EASEMENT WHEREAS, James Daniel Walker, hereinafter called the "Grantor," is the owner of an undivided 11.04 acres, more or less, out of the 143.56 acre tract out of Tracts 1 and 2 of the 456.80 V.M. Donigan Partition situated in the City of Corpus Christi, County of Nueces, State of Texas, more particularly described as follows: See Attached Exhibit "A" (Legal Description) hereinafter called "Grantors' property," and outlined on the Attached Exhibit "B" (Plat); NOW THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby grant, bargain, sell, and convey unto the City of Corpus Christi, Texas, hereinafter called the "Grantee," its successors and assigns, for the use and benefit of the public, an easement and right -of -way, appurtenant to Corpus Christi International Airport, hereinafter called "CRP," for the unobstructed use and passage of all types of aircraft (as hereinafter defined), in and through the airspace above Grantors' property above an imaginary plane rising and extending in a generally northerly direction over Grantors' property, said imaginary plane following the Above Ground Level (AGL) contours shown on the plat in attached Exhibit `B ". Said easement shall be appurtenant to and for the benefit of the real property now known as CRP including any additions thereto wherever located, hereafter made by the Grantee or its successors and assigns, guests, and invitees, including any and all persons, firms, or corporations operating aircraft to or from the airport. Said easement and burden, includes the right to cause in all airspace above or in the vicinity of the surface of Grantors' property such noise, vibrations, fumes, deposits of dust or other particulate matter, fuel particles (which are incidental to the normal operation of said aircraft), fear, interference with sleep and communication caused by the operation of aircraft over or in the vicinity of Grantors' property or in landing at or taking off from, or operating at or on said CRP is hereby granted; and Grantors do hereby fully waive, remise, and release any right or cause of action which they may now have or which they may have in the future against the Grantee, its successor and assigns, due to such noise, vibrations, fumes, dust, and fuel particles caused by the operation of aircraft landing at, or taking off from, or operating at or on said CRP. As used herein, the term "aircraft" shall mean any and all types of aircraft, whether now in existence or hereafter manufactured and developed, to include, but not limited to, jet aircraft, propeller driven aircraft, civil aircraft, military aircraft, commercial aircraft, helicopters, and all types of aircraft or vehicles now in existence or hereafter developed, regardless of existing or future noise levels, for the purpose of transporting persons or property through the air, by whoever owned or operated. 1 The easement and right -of -way hereby grants to the Grantee, the continuing right to prevent the erection or growth upon Grantors' property of any building, structure, tree, or other object, extending into the airspace above the aforesaid imaginary plane, and to remove from said airspace, or at the sole option of the Grantee, as an alternative, to mark and light as obstructions to air navigation, any such building, structure, tree, or other objects now upon, or which in the future may be upon Grantors' property, together with the right of ingress to, egress from, and passage over Grantors' property for the above purpose. And for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said avigation easement, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantors' property any structure in the avigation easement, which creates a Runway Protection Zone that is an airport hazard or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, or smoke generating activities; and the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns further agree they will not permit places of public assembly upon Grantors' property, such as, churches, schools, office buildings, shopping centers, restaurants, child care facilities, stadiums, and other incompatible land uses as defined in FAA Advisory Circular AC 150/5300 -13 and all subsequent changes. Said Runway Protection Zone, contained within the avigation easement, is identified in the attached Exhibits "A" and "B ". And for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said avigation easement, drilling rigs or other equipment utilized to transport, explore for or produce oil, gas and other minerals, that breaks the plane following the Above Ground Level as described in Exhibit A shall not be installed or constructed upon Grantors property. AND for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said easement and right -of -way, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantors' property any building, structure, tree, or other object extending into the airspace above the aforesaid imaginary plane, and that they shall not hereafter use or permit or suffer the use of Grantors' property in such a manner as to create electrical interference with radio communication between CRP and others, or use or permit the use of Grantors' property in such a manner as to create interference with radar systems or similar aircraft tracking systems used at CRP, or to permit any use of the Grantors' land so as to impair visibility in the vicinity of CRP or as otherwise to endanger the landing, taking off or maneuvering of aircraft. TO HAVE AND TO HOLD said easement and right-of-way and all rights appertaining thereto unto the Grantee, its successors, and assigns, until said CRP shall be abandoned and shall cease to be used for public airport purposes. It being understood and agreed that the aforesaid covenants and agreements shall run with the land and shall be binding upon the heirs, administrators, executors, successors, assigns of the Grantors until said CRP shall be abandoned and cease to be used for public airport purposes. IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of , 2012. J. es D iel Walker ACKNOWLEDGEMENT STATE OF ALABAMA § COUNTY OF MADISON § BE IT REMEMBERED, that on this 7 day of r� , 2012, before me the undersigned, a Notary Public in and for the County and State aforesaid, came James Daniel Walker, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year last above written. My commission expires fOiocigpiy. f,14 2 ``` GRANTEE: CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Ronald L. Olson, City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY 3 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2012 by Ronald L. Olson as City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas [Seal] APPROVED AS TO LEGAL FORM, THIS 113 DAY OF 4-0'--/ 2012. By: FOR THE CITY ATTORNEY Lisa Aguil !Assistant City Attorney CITY LEGAL DEPARTMENT J:IGINAMIGEMCCIA.Janes Walker.Revised 5- 23- 2012.doc 4 LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 14.10 acre tract of land, more or less, out of a called 91.36 acre tract of land known as Tract 2 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48-49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: Beginning at a point for the southwest corner of said Tract 2, the southeast corner of Tract 3 of said V.M. Donigan 456,80 acre partition, and the north right-of-way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 34' -51" West, 2188.29 feet; Thence North 00 °- 47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 1120.89 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 626.84 feet to a point for the northeast comer of the tract herein described; Thence South 07 °- 11' -07" West, a distance of 1132.89 feet to a point in the south line of said Tract 2 and the north line of said Texas Mexican Railroad for the southeast corner of the tract herein described; Thence South 880-35'-43" West, along the common line of said Tract 2 and said Texas Mexican Railroad, a distance of 469.61 feet to a point for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 14.10 (614,318.12 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces 1, Horneto Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the ih day of /W( 2012. • ado 1 ve ra State of Texas License No. 1415 Exhibit "A" tl, z V.M.DONIGAN VOLUME $, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS • 0 N N 88'39'16" E 626,84' '5 5 A r C 5 0, 0 AGL n J A 30' AGL S 88'34'51" w 2588.29' 28 AGL S 88'35'43' W 469.61' Raw 282.90' AVIGATION AND HAZARD EASEMENT WHEREAS, Mazie P. Walker, the widow of Charles Arthur Walker, hereinafter called the "Grantor," is the owner in fee of that certain parcel of land situated in the City of Corpus Christi, County of Nueces, State of Texas, more particularly described as follows: See attached Exhibit "A" (Legal Description) hereinafter called "Grantors' property," and outlined on the attached Exhibit "B" (Plat); In addition, Grantor is the owner of an undivided interest in and to all of the oil, gas, and other minerals in, under or that may be produced from said Grantors' property; NOW THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby grant, bargain, sell, and convey unto the City of Corpus Christi, Texas, hereinafter called the "Grantee," its successors and assigns, for the use and benefit of the public, an easement and right- of-way, appurtenant to Corpus Christi International Airport, hereinafter called "CRP," for the unobstructed use and passage of all types of aircraft (as hereinafter defined), in and through the airspace above Grantors' property above an imaginary plane rising and extending in a generally northerly direction over Grantors' property, said imaginary plane following the Above Ground Level (AGL) contours shown on the plat in attached Exhibit "B ". Said easement shall be appurtenant to and for the benefit of the real property now known as CRP including any additions thereto wherever located, hereafter made by the Grantee or its successors and assigns, guests, and invitees, including any and all persons, firms, or corporations operating aircraft to or from the airport. Said easement and burden, together with all things which may be alleged to be incident to or resulting from the use and enjoyment of said easement, includes, but is not limited to the right to cause in all airspace above or in the vicinity of the surface of Grantors' property such noise, vibrations, fumes, deposits of dust or other particulate matter, fuel particles (which are incidental to the normal operation of said aircraft), fear, interference with sleep and communication and any and all other effects that may be alleged to be incident to or caused by the operation of aircraft over or in the vicinity of Grantors' property or in landing at or taking off from, or operating at or on said CRP is hereby granted; and Grantors do hereby fully waive, remise, and release any right or cause of action which they may now have or which they may have in the future against the Grantee, its successor and assigns, due to such noise, vibrations, fumes, dust, fuel particles, and all other effects that may be caused or may have been caused by the operation of aircraft landing at, or taking off from, or operating at or on said CRP. As used herein, the term "aircraft" shall mean any and all types of aircraft, whether now in existence or hereafter manufactured and developed, to include, but not limited to, jet aircraft, propeller driven aircraft, civil aircraft, military aircraft, commercial aircraft, helicopters, and all types of aircraft or vehicles now in existence or hereafter developed, regardless of existing or future noise levels, for the purpose of transporting persons or property through the air, by whoever owned or operated. The easement and right -of -way hereby grants to the Grantee, the continuing right to prevent the erection or growth upon Grantors' property of any building, structure, tree, or other object, extending into the airspace above the aforesaid imaginary plane, and to remove from said airspace, or at the sole option of the Grantee, as an alternative, to mark and light as obstructions to air navigation, any such building, structure, tree, or other objects now upon, or which in the future may be upon Grantors' property, together with the right of ingress to, egress from, and passage over Grantors' property for the above purpose. And for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said avigation easement, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantors' property any structure in the Runway Protection Zone that is an airport hazard or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, or smoke generating activities; and the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns further agree they will not permit places of public assembly upon Grantors' property, such as, churches, schools, office buildings, shopping centers, restaurants, child care facilities, stadiums, and other incompatible land uses as defined in FAA Advisory Circular AC 150/5300 -13 and all subsequent changes. Said Runway Protection Zone is identified in the attached Exhibit. And for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said avigation easement, drilling rigs or other equipment utilized to explore for or produce oil, gas and other minerals, that breaks the Above Ground Level plane shown in Exhibit B, shall not be installed or constructed upon Grantors property. AND for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said easement and right -of -way, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantors' property any building, structure, tree, or other object extending into the airspace above the aforesaid imaginary plane, and that they shall not hereafter use or permit or suffer the use of Grantors' property in such a manner as to create electrical interference with radio communication between CRP and others, or use or permit the use of Grantors' property in such a manner as to create interference with radar systems or similar aircraft tracking systems used at CRP, or to permit any use of the Grantors' land so as to impair visibility in the vicinity of CRP or as otherwise to endanger the landing, taking off or maneuvering of aircraft. Grantors furthermore indemnify Grantee and hold Grantee harmless from all damages and claims for damages caused or alleged to be caused by or incidental to such activities. TO HAVE AND TO HOLD said easement and right-of-way and all rights appertaining thereto unto the Grantee, its successors, and assigns, until said CRP shall be abandoned and shall cease to be used for public airport purposes. It being understood and agreed that the aforesaid covenants and agreements shall run with the land and shall be binding upon the heirs, administrators, executors, successors, assigns of the Grantors until said CRP shall be abandoned and cease to be used for public airport purposes. IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of , 2012. GRANTOR MAZIE P. WALKER �r By: 1. David Walker as Attorney -in -Fact for Mazie P. Walker ACKNOWLEDGEMENT STATE OF FLORIDA § COUNTY OF BREVARD § BE IT REMEMBERED, that on this /0 f day of ‹I V rt , 2012, before me the undersigned, a Notary Public in and for the County and State aforesaid, came W. David Walker as Attorney -in -Fact for Mazie P. Walker, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year last ab written. Notary Public My commission expires A l v.5 . ,I ALVIN A. KN1P ER MY COMMISSION II EE93694 EXPIRES: Au20.4102. 2015 I,nYi7NOE1A Y fl. 14,111th UIioc I Ahu . Co. GRANTEE CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 By: Daniel Biles, P.E., Interim Director Department of the Engineering Services THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2012 by Daniel Biles, P.E., as Interim Director of Engineering Services of the City of Corpus Christi, Texas, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas [Seal] APPROVED AS TO LEGAL FORM, THIS 3 DAY OF 2012. • FOR THE CITY ATTORNEY By: • Lisa Agui , Assistant City Attorney CITY LEGAL DEPARTMENT J:1GEN\Airport_Walkerrevised Deed1CCIA Revised AvEsmt Mazie Walker.doc I.NV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi. Texas 78408 Field Note Description for a 14.10 acre tract of land, more or less, out of a called 91,36 acre tract of land known as Tract 2 of the V.M. Donigan 456.80 acre partition as recorded in Volume I, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: Beginning at a point for the southwest corner of said Tract 2, the southeast corner of Tract 3 of said V.M. Donigan 456.80 acre partition, and the north right-of-way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 34' -51" West, 2188.29 feet; Thence North 00 °- 47'34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 1120.89 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 626.84 feet to a point for the northeast corner of the tract herein described; Thence South 07 °- 11' -07" West, a distance of 1132.89 feet to a point in the south line of said Tract 2 and the north line of said Texas Mexican Railroad for the southeast corner of the tract herein described; Thence South 88 °- 35' -43" West, along the common line of said Tract 2 and said Texas Mexican Railroad, a distanceof 469.61 feet to a point for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or Tess 14.10 (614,318.12 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces 1, Horaelo Oliveira, a Registered Professional Land Surveyor, of i,NV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This theh day of /fera 2012. aclo ra V State of Texas License No. 1415 Exhibit "A" { V.MI.DONIGAN VOLUME 1. PAGES 48 & 49 MISCELLANEOUS NAP RECORDS NUECES COUNTY. TEXAS N 88'39'16" E 626.84' PARCEL 3 a 614,31 8.12 S4 Ft, 14.19 AC. m 8 g a ZQ a z (.4 0 2 . CASC m S 89'34'5 €" w 2198.29• 28 AOL S 88.35'43" W 469.61' AVIV 262.90' M frOit o n m Xi rn om 53 �1yT1)C 0m°>(i - r � OC{ mzNg° 'c 0R=� NP' (0»Z3_ T A ° Li) -I 0 w Zv CD W y . C r0 STATE HIGHWAY 44 (AGNES ST) F Exhibit "B" if AVIGATION AND HAZARD EASEMENT WHEREAS, George David Wilson, hereinafter called the "Grantor," is the owner of an undivided 11.04 acres, more or less, out of the 143.56 acre tract out of Tracts 1 and 2 of the 456.80 V.M. Donigan Partition situated in the City of Corpus Christi, County of Nueces, State of Texas, more particularly described as follows: See Attached Exhibit "A" (Legal Description) hereinafter called "Grantors' property," and outlined on the Attached Exhibit "B" (Plat); NOW THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby grant, bargain, sell, and convey unto the City of Corpus Christi, Texas, hereinafter called the "Grantee," its successors and assigns, for the use and benefit of the public, an easement and right-of-way, appurtenant to Corpus Christi International Airport, hereinafter called "CRP," for the unobstructed use and passage of all types of aircraft (as hereinafter defined), in and through the airspace above Grantors' property above an imaginary plane rising and extending in a generally northerly direction over Grantors' property, said imaginary plane following the Above Ground Level (AGL) contours shown on the plat in attached Exhibit "B ". Said easement shall be appurtenant to and for the benefit of the real property now known as CRP including any additions thereto wherever located, hereafter made by the Grantee or its successors and assigns, guests, and Invitees, including any and all persons, firms, or corporations operating aircraft to or from the airport. Said easement and burden, includes the right to cause in all airspace above or in the vicinity of the surface of Grantors' property such noise, vibrations, fumes, deposits of dust or other particulate matter, fuel particles (which are incidental to the normal operation of said aircraft), fear, interference with sleep and communication caused by the operation of aircraft over or in the vicinity of Grantors' property or in landing at or taking off from, or operating at or on said CRP is hereby granted; and Grantors do hereby fully waive, remise, and release any right or cause of action which they may now have or which they may have in the future against the Grantee, its successor and assigns, due to such noise, vibrations, fumes, dust, and fuel particles caused by the operation of aircraft landing at, or taking off from, or operating at or on said CRP. As used herein, the term "aircraft" shall mean any and all types of aircraft, whether now in existence or hereafter manufactured and developed, to include, but not limited to, jet aircraft, propeller driven aircraft, civil aircraft, military aircraft, commercial aircraft, helicopters, and all types of aircraft or vehicles now in existence or hereafter developed, regardless of existing or future noise levels, for the purpose of transporting persons or property through the air, by whoever owned or operated. 1 The easement and right - of-way hereby grants to the Grantee, the continuing right to prevent the erection or growth upon Grantors' property of any building, structure, tree, or other object, extending into the airspace above the aforesaid imaginary plane, and to remove from said airspace, or at the sole option of the Grantee, as an alternative, to mark and light as obstructions to air navigation, any such building, structure, tree, or other objects now upon, or which in the future may be upon Grantors' property, together with the right of ingress to, egress from, and passage over Grantors' property for the above purpose. And for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said avigation easement, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantors' property any structure in the avigation easement, which creates a Runway Protection Zone that is an airport hazard or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, or smoke generating activities; and the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns further agree they will not permit places of public assembly upon Grantors' property, such as, churches, schools, office buildings, shopping centers, restaurants, child care facilities, stadiums, and other incompatible land uses as defined in FAA Advisory Circular AC 150/5300-13 and all subsequent changes. Said Runway Protection Zone, contained within the avigation easement, is identified in the attached Exhibits "A" and "B ". And for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said avigation easement, drilling rigs or other equipment utilized to transport, explore for or produce oil, gas and other minerals, that breaks the plane following the Above Ground Level as described in Exhibit A shall not be installed or constructed upon Grantors property. AND for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said easement and right -of -way, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantors' property any building, structure, tree, or other object extending into the airspace above the aforesaid imaginary plane, and that they shall not hereafter use or permit or suffer the use of Grantors' property in such a manner as to create electrical interference with radio communication between CRP and others, or use or permit the use of Grantors' property in such a manner as to create interference with radar systems or similar aircraft tracking systems used at CRP, or to permit any use of the Grantors' land so as to impair visibility in the vicinity of CRP or as otherwise to endanger the landing, taking off or maneuvering of aircraft. TO HAVE AND TO HOLD said easement and right -of -way and all rights appertaining thereto unto the Grantee, its successors, and assigns, until said CRP shall be abandoned and shall cease to be used for public airport purposes. It being understood and agreed that the aforesaid covenants and agreements shall run with the land and shall be binding upon the heirs, administrators, executors, successors, assigns of the Grantors until said CRP shall be abandoned and cease to be used for public airport purposes. 2 IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of , 2012. By (signature) Print Name: Print Title: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ACKNOWLEDGEMENT § BE IT REMEMBERED, that on this day of , 2012, before me the undersigned, a Notary Public in and for the County and State aforesaid, came , as Deputy Public Conservator on behalf of George David Wilson, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year last above written. Notary Public My commission expires GRANTEE: CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Ronald L. Olson, City Manager 3 ATTEST: ARMANDO CHAPA, CITY SECRETARY THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2012 by Ronald L. Olson as City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas [Seal] APPROVED AS TO LEGAL FORM, THIS DAY OF 2012. FOR THE CITY ATTORNEY By: Lisa Aguilar, Assistant City Attorney CITY LEGAL DEPARTMENT J:IGINAIGENICCIA.George Wilson.Revised.doc 4 LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi. Texas 78408 Field Note Description for a 14.10 acre tract of land, more or less, out of a called 91.36 acre tract of land known . as Tract 2 of the V.M. Donigan 456.80 acre partition as recorded in Volume I, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: Beginning at a point for the southwest corner of said Tract 2, the southeast corner of Tract 3 of said V.M. Donigan 456.80 acre partition, and the north right-of-way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 34' -51" West, 2188.29 feet; Thence North 00 °- 47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 1120.89 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 626.84 feet to a point for the northeast corner of the tract herein described; Thence South 07 °- 11' -07" West, a distance of 1132.89 feet to a point in the south line of said Tract 2 and the north line of said Texas Mexican Railroad for the southeast corner of the tract herein described; Thence South 88 °- 35' -43" West, along the common line of said Tract 2 and said Texas Mexican Railroad, a distance of 469.61 feet to a point for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 14.10 (614,318.12 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces 1, Horneto Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the '=`' day of /flag 2012. acio O ve ra 4 State of Texas License No. 1415 Exhibit "A" V.N,.DONIGAN VOLUME 1. PAGES 48 be 48 MISCELLANEOUS MAP RECORDS NUECES COUNTY. TEXAS 7 N 88'39'16” E 626.84' II i11Pf2 o Ii III m 5 5 t 0. z O 4 26' AGL S 88.34.51' w - S 88'35'43" W 469.61' 2188.29' 0 0 r > O ;O O cco - A ()CO • z 0) STATE HIGHWAY 44 (AGNES ST) i RUM 262.90' Exhibit "B" /0 AVIGATION AND HAZARD EASEMENT WHEREAS, Starla Leigh Burnham, Individually and as Personal Representative of the Estate of Jeanette S. Burnham, deceased, hereinafter called the "Grantor," is the owner of an undivided 3.68 acres, more or less, out of the 143.56 acre tract out of Tracts 1 and 2 of the 456.80 V.M. Donigan Partition situated in the City of Corpus Christi, County of Nueces, State of Texas, more particularly described as follows: See Attached Exhibit "A" (Legal Description) hereinafter called "Grantors' property," and outlined on the Attached Exhibit "B" (Plat); NOW THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby grant, bargain, sell, and convey unto the City of Corpus Christi, Texas, hereinafter called the "Grantee," its successors and assigns, for the use and benefit of the public, an easement and right -of -way, appurtenant to Corpus Christi International Airport, hereinafter called "CRP," for the unobstructed use and passage of all types of aircraft (as hereinafter defined), in and through the airspace above Grantors' property above an imaginary plane rising and extending in a generally northerly direction over Grantors' property, said imaginary plane following the Above Ground Level (AGL) contours shown on the plat in attached Exhibit "B ". Said easement shall be appurtenant to and for the' benefit of the real property now known as CRP including any additions thereto wherever located, hereafter made by the Grantee or its successors and assigns, guests, and invitees, including any and all persons, firms, or corporations operating aircraft to or from the airport. Said easement and burden, includes the right to cause in all airspace above or in the vicinity of the surface of Grantors' property such noise, vibrations, fumes, deposits of dust or other particulate matter, fuel particles (which are incidental to the normal operation of said aircraft), fear, interference with sleep and communication caused by the operation of aircraft over or in the vicinity of Grantors' property or in landing at or taking off from, or operating at or on said CRP is hereby granted; and Grantors do hereby fully waive, remise, and release any right or cause of action which they may now have or which they may have in the future against the Grantee, its successor and assigns, due to such noise, vibrations, fumes, dust, and fuel particles caused by the operation of aircraft landing at, or taking off from, or operating at or on said CRP. As used herein, the term "aircraft" shall mean any and all types of aircraft, whether now in existence or hereafter manufactured and developed, to include, but not limited to, jet aircraft, propeller driven aircraft, civil aircraft, military aircraft, commercial aircraft, helicopters, and all types of aircraft or vehicles now in existence or hereafter developed, regardless of existing or future noise levels, for the purpose of transporting persons or property through the air, by whoever owned or operated. 1 The easement and right-of-way hereby grants to the Grantee, the continuing right to prevent the erection or growth upon Grantors' property of any building, structure, tree, or other object, extending into the airspace above the aforesaid imaginary plane, and to remove from said airspace, or at the sole option of the Grantee, as an alternative, to mark and light as obstructions to air navigation, any such building, structure, tree, or other objects now upon, or which in the future may be upon Grantors' property, together with the right of ingress to, egress from, and passage over Grantors' property for the above purpose. And for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said avigation easement, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantors' property any structure in the avigation easement, which creates a Runway Protection Zone that is an airport hazard or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, or smoke generating activities; and the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns further agree they will not permit places of public assembly upon Grantors' property, such as, churches, schools, office buildings, shopping centers, restaurants, child care facilities, stadiums, and other incompatible land uses as defined in FAA Advisory Circular AC 150/5300-13 and all subsequent changes. Said Runway Protection Zone, contained within the avigation easement, is identified in the attached Exhibits "A" and "13 ". And for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said avigation easement, drilling rigs or other equipment utilized to transport, explore for or produce oil, gas and other minerals, that breaks the plane following the Above Ground Level as described in Exhibit A shall not be installed or constructed upon Grantors property, AND for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said easement and right -of -way, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantors' property any building, structure, tree, or other object extending into the airspace above the aforesaid imaginary plane, and that they shall not hereafter use or permit or suffer the use of Grantors' property in such a manner as to create electrical interference with radio communication between CRP and others, or use or permit the use of Grantors' property in such a manner as to create interference with radar systems or similar aircraft tracking systems used at CRP, or to permit any use of the Grantors' land so as to impair visibility in the vicinity of CRP or as otherwise to endanger the landing, taking off or maneuvering of aircraft. TO HAVE AND TO HOLD said easement and right -of -way and all rights appertaining thereto unto the Grantee, its successors, and assigns, until said CRP shall be abandoned and shall cease to be used for public airport purposes. It being understood and agreed that the aforesaid covenants and agreements shall run with the land and shall be binding upon the heirs, administrators, executors, successors, assigns of the Grantors until said CRP shall be abandoned and cease to be used for public airport purposes. 2 IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of , 2012. Starla Leigh Burnham, Individually and as Personal Representative of the Estate of Jeanette S. Burnham, deceased ACKNOWLEDGEMENT STATE OF ALABAMA COUNTY OF CALHOUN § BE IT REMEMBERED, that on this day of , 2012, before me the undersigned, a Notary Public in and for the County and State aforesaid, came Starla Leigh Burnham, Individually and as Personal Representative of the Estate of Jeanette S. Burnham, deceased, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year last above written. Notary Public My commission expires GRANTEE: CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Ronald L. Olson, City Manager 3 ATTEST: ARMANDO CHAPA, CITY SECRETARY THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on 2012 by Ronald L. Olson as City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas [Seal] APPROVED AS TO LEGAL FORM, THIS DAY OF 2012, FOR THE CITY ATTORNEY By: Lisa Aguilar, Assistant City Attorney CITY LEGAL DEPARTMENT J:IGINAMIGENICCIA.Starla Burnham.Revised 5- 23- 2012.doc 4 9 L.NV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 14.10 acre tract of land, more or less, out of a called 91.36 acre tract of land known as Tract 2 of the V.M. Donigan 456.80 acre partition as recorded in Volume I, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: Beginning at a point for the southwest corner of said Tract 2, the southeast comer of Tract 3 of said V.M. Donigan 456.80 acre partition, and the north right -of -way line of the Texas Mexican Railroad from which a 1" Iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 34' -51" West, 2188.29 feet; Thence North 00 °- 47'_34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 1120.89 feet to a point for the northwest comer of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 626.84 feet to a point for the northeast corner of the tract herein described; Thence South 07 °- 11' -07" West, a distance of 1132.89 feet to a point in the south line of said Tract 2 and the north line of said Texas Mexican Railroad for the southeast corner of the tract herein described; Thence South 88 °- 35' -43" West, along the cotnnton line of said Tract 2 and said Texas Mexican Railroad, a distance of 469.61 feet to a point for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 14.10 (614,318.12 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces 1, Horaelo Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the _ • h day of /Wily 2012. *tdo Olive ra State of Texas License No. 1415 Exhibit "A" m l 5 A V. M.DONIGAN VOLUME I, PAGES 48 & 49 M}SCE1ANEOUS MAP RECORDS NUECES COUNTY. TEXAS N 85.39'16' E 626.84' 0 0 f 1 2435 m c3 ppoco gig; ro m Ni 0 Tf 1 z S 981451' W 2168.29' 26'ACL S 86'35'43" W 489.61' xw 262.90' m I0 A STATE HIGHWAY 44 (AGNES ST) a F Exhibit "B" AVIGATION AND HAZARD EASEMENT WHEREAS, William Taylor Laughlin, hereinafter called the "Grantor," is the owner of an undivided 11.04 acres, more or less, out of the 143.56 acre tract out of Tracts 1 and 2 of the 456.80 V.M. Donigan Partition situated in the City of Corpus Christi, County of Nueces, State of Texas, more particularly described as follows: See Attached Exhibit "A" (Legal Description) hereinafter called "Grantors' property," and outlined on the Attached Exhibit "B" (Plat); NOW THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby grant, bargain, sell, and convey unto the City of Corpus Christi, Texas, hereinafter called the "Grantee," its successors and assigns, for the use and benefit of the public, an easement and right -of -way, appurtenant to Corpus Christi International Airport, hereinafter called "CRP," for the unobstructed use and passage of all types of aircraft (as hereinafter defined), in and through the airspace above Grantors' property above an imaginary plane rising and extending in a generally northerly direction over Grantors' property, said imaginary plane following the Above Ground Level (AGL) contours shown on the plat in attached Exhibit `B ". Said easement shall be appurtenant to and for the benefit of the real property now known as CRP including any additions thereto wherever located, hereafter made by the Grantee or its successors and assigns, guests, and invitees, including any and all persons, firms, or corporations operating aircraft to or from the airport. Said easement and burden, includes the right to cause in all airspace above or in the vicinity of the surface of Grantors' property such noise, vibrations, fumes, deposits of dust or other particulate matter, fuel particles (which are incidental to the normal operation of said aircraft), fear, interference with sleep and communication caused by the operation of aircraft over or in the vicinity of Grantors' property or in landing at or taking off from, or operating at or on said CRP is hereby granted; and Grantors do hereby fully waive, remise, and release any right or cause of action which they may now have or which they may have in the future against the Grantee, its successor and assigns, due to such noise, vibrations, fumes, dust, and fuel particles caused by the operation of aircraft landing at, or taking off from, or operating at or on said CRP. As used herein, the term "aircraft" shall mean any and all types of aircraft, whether now in existence or hereafter manufactured and developed, to include, but not limited to, jet aircraft, propeller driven aircraft, civil aircraft, military aircraft, commercial aircraft, helicopters, and all types of aircraft or vehicles now in existence or hereafter developed, regardless of existing or future noise levels, for the purpose of transporting persons or property through the air, by whoever owned or operated. 1 The easement and right -of -way hereby grants to the Grantee, the continuing right to prevent the erection or growth upon Grantors' property of any building, structure, tree, or other object, extending into the airspace above the aforesaid imaginary plane, and to remove from said airspace, or at the sole option of the Grantee, as an alternative, to mark and light as obstructions to air navigation, any such building, structure, tree, or other objects now upon, or which in the future may be upon Grantors' property, together with the right of ingress to, egress from, and passage over Grantors' property for the above purpose. And for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said avigation easement, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantors' property any structure in the avigation easement, which creates a Runway Protection Zone that is an airport hazard or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, or smoke generating activities; and the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns further agree they will not permit places of public assembly upon Grantors' property, such as, churches, schools, office buildings, shopping centers, restaurants, child care facilities, stadiums, and other incompatible land uses as defined in FAA Advisory Circular AC 150/5300-13 and all subsequent changes. Said Runway Protection Zone, contained within the avigation easement, is identified in the attached Exhibits "A" and "B ". And for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said avigation easement, drilling rigs or other equipment utilized to transport, explore for or produce oil, gas and other minerals, that breaks the plane following the Above Ground Level as described in Exhibit A shall not be installed or constructed upon Grantors property. AND for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said easement and right -of -way, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantors' property any building, structure, tree, or other object extending into the airspace above the aforesaid imaginary plane, and that they shall not hereafter use or permit or suffer the use of Grantors' property in such a manner as to create electrical interference with radio communication between CRP and others, or use or permit the use of Grantors' property in such a manner as to create interference with radar systems or similar aircraft tracking systems used at CRP, or to permit any use of the Grantors' land so as to impair visibility in the vicinity of CRP or as otherwise to endanger the landing, taking off or maneuvering of aircraft. TO HAVE AND TO HOLD said easement and right -of -way and all rights appertaining thereto unto the Grantee, its successors, and assigns, until said CRP shall be abandoned and shall cease to be used for public airport purposes. It being understood and agreed that the aforesaid covenants and agreements shall run with the land and shall be binding upon the heirs, administrators, executors, successors, assigns of the Grantors until said CRP shall be abandoned and cease to be used for public airport purposes. 2 IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of 2012. William Taylor Laughlin ACKNOWLEDGEMENT STATE OF NORTH CAROLINA § COUNTY OF CABARRUS § BE IT REMEMBERED, that on this day of , 2012, before me the undersigned, a Notary Public in and for the County and State aforesaid, came William Taylor Laughlin, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year last above written. Notary Public My commission expires GRANTEE: CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Ronald L. Olson, City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY 3 THE STATE OF TEXAS COUNTY OF NUECES § § This instrument was acknowledged before me on 2012 by Ronald L. Olson as City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas [Seal] APPROVED AS TO LEGAL FORM, THIS DAY OF 2012. FOR THE CITY ATTORNEY By: Lisa Aguilar, Assistant City Attorney CITY LEGAL DEPARTMENT J:IGINAMIGENICCIA.William Taylor Laughlin.Revised 5123/2012.doc 4 LNV, Inc. 801 Navigation Blvd.. Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 14.10 acre tract of land, more or less, out of a called 91.36 are tract of land known as Tract 2 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: Beginning at a point for the southwest corner of said Tract 2, the southeast confer of Tract 3 of said V.M. Donigan 456.80 acre partition, and the north right-of-way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 34' -51" West, 2188.29 feet; Thence North 00 °- 47'.-34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 1120.89 feet to a point for the northwest comer of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 626.84 feet to a point for the northeast corner of the tract herein described; Thence South 07 °- 11' -07" West, a distance of 1132.89 feet to a point in the south line of said Tract 2 and the north line of said Texas Mexican Railroad for the southeast corner of the tract herein described; Thence South 88 °- 35' -43" West, along the common line of said Tract 2 and said Texas Mexican Railroad, a distance of 469.61 feet to a point for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 14.10 (614,318.12 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces 1, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the 97/h day of, l 1,67V 2012. reC�?K��� hcioOlive to State of Texas License No. 1415 Exhibit "A" V.M,DONIGAN VOLUME 1, PACES 48 Et 49 MISCELLANEOUS MAP RECORDS NUKES COUNTY, TEXTS N cn N 86•39'16" E 626.84' I i 1 1 1 P a 5. re- i 2, I -§ -' Ali iil 1gI i� g 6 g - g f 3 sry N ^T ^T OD 28 AGL S 88'34'51' W S 88.35'43" W 469.61' 2188.29' STATE HIGHWAY 44 (AGNES ST) RON 262.90' 3 Exhibit "B" 3 AVIGATION AND HAZARD EASEMENT WHEREAS, Mary Frances Wilson Burson, hereinafter called the "Grantor," is the owner of an undivided 11.04 acres, more or less, out of the 143.56 acre tract out of Tracts 1 and 2 of the 456.80 V.M. Donigan Partition situated in the City of Corpus Christi, County of Nueces, State of Texas, more particularly described as follows: See Attached Exhibit "A" (Legal Description) hereinafter called "Grantors' property," and outlined on the Attached Exhibit `B" (Plat); NOW THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby grant, bargain, sell, and convey unto the City of Corpus Christi, Texas, hereinafter called the "Grantee," its successors and assigns, for the use and benefit of the public, an easement and right -of -way, appurtenant to Corpus Christi International Airport, hereinafter called "CRP," for the unobstructed use and passage of all types of aircraft (as hereinafter defined), in and through the airspace above Grantors' property above an imaginary plane rising and extending in a generally northerly direction over Grantors' property, said imaginary plane following the Above Ground Level (AGL) contours shown on the plat in attached Exhibit `B ". Said easement shall be appurtenant to and for the benefit of the real property now known as CRP including any additions thereto wherever located, hereafter made by the Grantee or its successors and assigns, guests, and invitees, including any and all persons, firms, or corporations operating aircraft to or from the airport. Said easement and burden, includes the right to cause in all airspace above or in the vicinity of the surface of Grantors' property such noise, vibrations, fumes, deposits of dust or other particulate matter, fuel particles (which are incidental to the normal operation of said aircraft), fear, interference with sleep and communication caused by the operation of aircraft over or in the vicinity of Grantors' property or in landing at or taking off from, or operating at or on said CRP is hereby granted; and Grantors do hereby fully waive, remise, and release any right or cause of action which they may now have or which they may have in the future against the Grantee, its successor and assigns, due to such noise, vibrations, fumes, dust, and fuel particles caused by the operation of aircraft landing at, or taking off from, or operating at or on said CRP. As used herein, the term "aircraft" shall mean any and all types of aircraft, whether now in existence or hereafter manufactured and developed, to include, but not limited to, jet aircraft, propeller driven aircraft, civil aircraft, military aircraft, commercial aircraft, helicopters, and all types of aircraft or vehicles now in existence or hereafter developed, regardless of existing or future noise levels, for the purpose of transporting persons or property through the air, by whoever owned or operated. 1 The easement and right -of -way hereby grants to the Grantee, the continuing right to prevent the erection or growth upon Grantors' property of any building, structure, tree, or other object, extending into the airspace above the aforesaid imaginary plane, and to remove from said airspace, or at the sole option of the Grantee, as an alternative, to mark and light as obstructions to air navigation, any such building, structure, tree, or other objects now upon, or which in the future may be upon Grantors' property, together with the right of ingress to, egress from, and passage over Grantors' property for the above purpose. And for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said avigation easement, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantors' property any structure in the avigation easement, which creates a Runway Protection Zone that is an airport hazard or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, or smoke generating activities; and the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns further agree they will not permit places of public assembly upon Grantors' property, such as, churches, schools, office buildings, shopping centers, restaurants, child care facilities, stadiums, and other incompatible land uses as defined in FAA Advisory Circular AC 150/5300 -13 and all subsequent changes. Said Runway Protection Zone, contained within the avigation easement, is identified in the attached Exhibits "A" and `B ". And for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said avigation easement, drilling rigs or other equipment utilized to transport, explore for or produce oil, gas and other minerals, that breaks the plane following the Above Ground Level as described in Exhibit A shall not be installed or constructed upon Grantors property. AND for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said easement and right -of -way, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantors' property any building, structure, tree, or other object extending into the airspace above the aforesaid imaginary plane, and that they shall not hereafter use or permit or suffer the use of Grantors' property in such a manner as to create electrical interference with radio communication between CRP and others, or use or permit the use of Grantors' property in such a manner as to create interference with radar systems or similar aircraft tracking systems used at CRP, or to permit any use of the Grantors' land so as to impair visibility in the vicinity of CRP or as otherwise to endanger the landing, taking off or maneuvering of aircraft. TO HAVE AND TO HOLD said easement and right -of -way and all rights appertaining thereto unto the Grantee, its successors, and assigns, until said CRP shall be abandoned and shall cease to be used for public airport purposes. It being understood and agreed that the aforesaid covenants and agreements shall run with the land and shall be binding upon the heirs, administrators, executors, successors, assigns of the Grantors until said CRP shall be abandoned and cease to be used for public airport purposes. 2 IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of c- t_,-Q.__ 2_ , 2012. Mary Frances Wilson Burson ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE § BE IT REMEMBERED, that on this d y``S` day of , 2012, before me the undersigned, a Notary Public in and for the County and State aforesaid, came Mary Frances Wilson Burson, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year last above written. Notary Public My commission expires tI_ 7 -'Zc)l GRANTEE: k;1 A L. SPIT COMM. #1907780 NOTARY PUBLIC • CM.IFORNUA ORANGE COUNTY NOV. 7, 2014 CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Ronald L. Olson, City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY 3 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2012 by Ronald L. Olson as City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas [Seal] APPROVED AS TO LEGAL FORM, THIS 2012. DAY OF Q A-V-, FOR THE CITY ATTORNEY By: Lisa Ag r, Assistant City Attorney CITY LEGAL DEPARTMENT J: \GINAM \GEN \CCIA.Mary Burson.Revised 5- 23- 2012.doc 4 LNV, Inc. 801 Navigation Blvd.. Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 14.10 acre tract of land, more or less, out of a called 91.36 acre tract of land known as Tract 2 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: Beginning at a point for the southwest corner of said Tract 2, the southeast corner of Tract 3 of said V.M. Donigan 456.80 acre partition, and the north right -of -way line of the Texas Mexican Railroad from which a I" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 34' -5I" West, 2188.29 feet; Thence North 00 °- 47' .-34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 1120.89 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 626.84 feet to a point for the northeast corner of the tract herein described; Thence South 07 °- 11'-07" West, a distance of 1132.89 feet to a point in the south line of said Tract 2 and the north line of said Texas Mexican Railroad for the southeast corner of the tract herein described; Thence South 88 °- 35' -43" West, along the common line of said Tract 2 and said Texas Mexican Railroad, a distance of 469.61 feet to a point for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 14.10 (614,318.12 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces 1, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the 9Vh day of 1� 2012. racio O the ra State of Texas License No. 14 l5 Exhibit "A" } (is s NOV) I AVM HOH31.VS J9' t m S* $ S .9Z co .6Z'9 , ■ a9.bc .99 S f5 § & k( z ■2 { /% ° a ` e ®2 §E= ± $ — /- y) t §k kas ( :k \_ ) )! §� 22 ■ ® ` !Pi .- •- 2! B& tjT4 [ E® $27 ;b ] 4§ \2!f§ MAP RECORDS, NUECES COUNTY, TEXAS gc \ 9 3ak&a N G / 0at w 0(0 „, 0) ))z La 8 Cg 5 soal 'AINnoo m_ m0._S3NY11305111 7_S3m:amA BUROI NC UNE E _- \ \0 E{ \tE0 0 E o 600 2 2 k �� e _ «?Eo 0. >8° 0 a c E »o__ 02 ¥rte ; � o =a2Ek PROPERTY UNE PARCEL 3 e 614,318.12 SO. FT., 14.10 AC. 0 /» AVIGATION AND HAZARD EASEMENT WHEREAS, James Fred Ogburn, hereinafter called the "Grantor," is the owner of an undivided 11.04 acres, more or less, out of the 143.56 acre tract out of Tracts 1 and 2 of the 456.80 V.M. Donigan Partition situated in the City of Corpus Christi, County of Nueces, State of Texas, more particularly described as follows: See Attached Exhibit "A" (Legal Description) hereinafter called "Grantors' property," and outlined on the Attached Exhibit `B" (Plat); NOW THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby grant, bargain, sell, and convey unto the City of Corpus Christi, Texas, hereinafter called the "Grantee," its successors and assigns, for the use and benefit of the public, an easement and right -of -way, appurtenant to Corpus Christi International Airport, hereinafter called "CRP," for the unobstructed use and passage of all types of aircraft (as hereinafter defined), in and through the airspace above Grantors' property above an imaginary plane rising and extending in a generally northerly direction over Grantors' property, said imaginary plane following the Above Ground Level (AGL) contours shown on the plat in attached Exhibit "B ". Said easement shall be appurtenant to and for the benefit of the real property now known as CRP including any additions thereto wherever located, hereafter made by the Grantee or its successors and assigns, guests, and invitees, including any and all persons, firms, or corporations operating aircraft to or from the airport. Said easement and burden, includes the right to cause in all airspace above or in the vicinity of the surface of Grantors' property such noise, vibrations, fumes, deposits of dust or other particulate matter, fuel particles (which are incidental to the normal operation of said aircraft), fear, interference with sleep and communication caused by the operation of aircraft over or in the vicinity of Grantors' property or in landing at or taking off from, or operating at or on said CRP is hereby granted; and Grantors do hereby fully waive, remise, and release any right or cause of action which they may now have or which they may have in the future against the Grantee, its successor and assigns, due to such noise, vibrations, fumes, dust, and fuel particles caused by the operation of aircraft landing at, or taking off from, or operating at or on said CRP. As used herein, the term "aircraft" shall mean any and all types of aircraft, whether now in existence or hereafter manufactured and developed, to include, but not limited to, jet aircraft, propeller driven aircraft, civil aircraft, military aircraft, commercial aircraft, helicopters, and all types of aircraft or vehicles now in existence or hereafter developed, regardless of existing or future noise levels, for the purpose of transporting persons or property through the air, by whoever owned or operated. 1 The easement and right -of -way hereby grants to the Grantee, the continuing right to prevent the erection or growth upon Grantors' property of any building, structure, tree, or other object, extending into the airspace above the aforesaid imaginary plane, and to remove from said airspace, or at the sole option of the Grantee, as an alternative, to mark and light as obstructions to air navigation, any such building, structure, tree, or other objects now upon, or which in the future may be upon Grantors' property, together with the right of ingress to, egress from, and passage over Grantors' property for the above purpose. And for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said avigation easement, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantors' property any structure in the avigation easement, which creates a Runway Protection Zone that is an airport hazard or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, or smoke generating activities; and the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns further agree they will not permit places of public assembly upon Grantors' property, such as, churches, schools, office buildings, shopping centers, restaurants, child care facilities, stadiums, and other incompatible land uses as defined in FAA Advisory Circular AC 150/5300 -13 and all subsequent changes. Said Runway Protection Zone, contained within the avigation easement, is identified in the attached Exhibits "A" and `B ". And for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said avigation easement, drilling rigs or other equipment utilized to transport, explore for or produce oil, gas and other minerals, that breaks the plane following the Above Ground Level as described in Exhibit A shall not be installed or constructed upon Grantors property. AND for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said easement and right -of -way, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantors' property any building, structure, tree, or other object extending into the airspace above the aforesaid imaginary plane, and that they shall not hereafter use or permit or suffer the use of Grantors' property in such a manner as to create electrical interference with radio communication between CRP and others, or use or permit the use of Grantors' property in such a manner as to create interference with radar systems or similar aircraft tracking systems used at CRP, or to permit any use of the Grantors' land so as to impair visibility in the vicinity of CRP or as otherwise to endanger the landing, taking off or maneuvering of aircraft. TO HAVE AND TO HOLD said easement and right -of -way and all rights appertaining thereto unto the Grantee, its successors, and assigns, until said CRP shall be abandoned and shall cease to be used for public airport purposes. It being understood and agreed that the aforesaid covenants and agreements shall run with the land and shall be binding upon the heirs, administrators, executors, successors, assigns of the Grantors until said CRP shall be abandoned and cease to be used for public airport purposes. 2 INTI NES WHEREOF, the Grantor has hereunto set their hands and seals this day of , 2012. Fred Ogburn ACKNOWLEDGEMENT STATE OF ALABAMA COUNTY OF § BE IT REMEMBERED, that on this 31 may of LIMY , 2012, before me the undersigned, a Notary Public in and for the County and St5te aforesaid, came James Fred Ogburn, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year last above written. / Notary Public My commission expires My Commission Expires August 29. 2015 GRANTEE: CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Ronald L. Olson, City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY 3 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2012 by Ronald L. Olson as City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas [Seal] APPROVED AS TO LEGAL FORM, THIS 2012. DAY OF t,t,s, FOR THE CITY ATTORNEY By: ;l') L Lisa Aguilar,iAssistant City Attorney CITY LEGAL DEPARTMENT J: \GINAM \GEN\CCIA.Jamcs Ogburn.Revised 5- 23- 2012.doc 4 LNV, Inc. 801 Navigation Blvd.. Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 14.10 acre tract of land, more or less, out of a called 9136 acre tract of land known as Tract 2 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: Beginning at a point for the southwest corner of said Tract 2, the southeast comer of Tract 3 of said V.M. Donigan 456.80 acre partition, and the north right -of -way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 34' -51" West, 2188.29 feet; Thence North 00 °- 47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 1120.89 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 626.84 feet to a point for the northeast corner of the tract herein described; Thence South 07 °- 11' -07" West, a distance of 1132.89 feet to a point in the south line of said Tract 2 and the north line of said Texas Mexican Railroad for the southeast corner of the tract herein described; Thence South 88 °- 35' -43" West, along the common line of said Tract 2 and said Texas Mexican Railroad, a distance of 469.61 feet to a point for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 14.10 (614,318.12 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces 1, Boracio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the h day of 7f'72%/ 2012. acio Oliveira State of Texas License No. 1415 Exhibit "A" 1PIRIx3 Jr f (1S S3N9v) .IWMHOIH 31b1S L9'694 M .£4,S£26 S Jtl 9Z 0 ,6Z'99 tZ M . LS.K.99 S r-- I § _L- aaS� Nm 0 z 0 WP RECORDS, NUECES COUNTY, TEXAS z p Y 5 _= W z o + a I 614,318.12 SQ, Ff., MAO AC. CO cc ,49'9Z9 3 ,9L,6£.99 N V 0, 8 v� m (V 0 0s pV , °lggar F— W � Q CC ' W W U L° Cr) g g z V > 3 swat 7,1NnOJ S33 (1N saaoJ38 can sno3Na-1130sIry 60 390 S3Oa■ '1 311m0n Nbc1NOO w n s- AVIGATION AND HAZARD EASEMENT WHEREAS, Sylvia Claire Wilson Beckman, hereinafter called the "Grantor," is the owner of an undivided 11.04 acres, more or less, out of the 143.56 acre tract out of Tracts 1 and 2 of the 456.80 V.M. Donigan Partition situated in the City of Corpus Christi, County of Nueces, State of Texas, more particularly described as follows: See Attached Exhibit "A" (Legal Description) hereinafter called "Grantors' property," and outlined on the Attached Exhibit "B" (Plat); NOW THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby grant, bargain, sell, and convey unto the City of Corpus Christi, Texas, hereinafter called the "Grantee," its successors and assigns, for the use and benefit of the public, an easement and right -of -way, appurtenant to Corpus Christi International Airport, hereinafter called "CRP," for the unobstructed use and passage of all types of aircraft (as hereinafter defined), in and through the airspace above Grantors' property above an imaginary plane rising and extending in a generally northerly direction over Grantors' property, said imaginary plane following the Above Ground Level (AGL) contours shown on the plat in attached Exhibit "B ". Said easement shall be appurtenant to and for the benefit of the real property now known as CRP including any additions thereto wherever located, hereafter made by the Grantee or its successors and assigns, guests, and invitees, including any and all persons, firms, or corporations operating aircraft to or from the airport. Said easement and burden, includes the right to cause in all airspace above or in the vicinity of the surface of Grantors' property such noise, vibrations, fumes, deposits of dust or other particulate matter, fuel particles (which are incidental to the normal operation of said aircraft), fear, interference with sleep and communication caused by the operation of aircraft over or in the vicinity of Grantors' property or in landing at or taking off from, or operating at or on said CRP is hereby granted; and Grantors do hereby fully waive, remise, and release any right or cause of action which they may now have or which they may have in the future against the Grantee, its successor and assigns, due to such noise, vibrations, fumes, dust, and fuel particles caused by the operation of aircraft landing at, or taking off from, or operating at or on said CRP. As used herein, the term "aircraft" shall mean any and all types of aircraft, whether now in existence or hereafter manufactured and developed, to include, but not limited to, jet aircraft, propeller driven aircraft, civil aircraft, military aircraft, commercial aircraft, helicopters, and all types of aircraft or vehicles now in existence or hereafter developed, regardless of existing or future noise levels, for the purpose of transporting persons or property through the air, by whoever owned or operated. 1 The easement and right -of -way hereby grants to the Grantee, the continuing right to prevent the erection or growth upon Grantors' property of any building, structure, tree, or other object, extending into the airspace above the aforesaid imaginary plane, and to remove from said airspace, or at the sole option of the Grantee, as an alternative, to mark and light as obstructions to air navigation, any such building, structure, tree, or other objects now upon, or which in the future may be upon Grantors' property, together with the right of ingress to. egress from, and passage over Grantors' property for the above purpose. And for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said avigation easement, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantors' property any structure in the avigation easement, which creates a Runway Protection Zone that is an airport hazard or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, or smoke generating activities; and the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns further agree they will not permit places of public assembly upon Grantors' property, such as, churches, schools, office buildings, shopping centers, restaurants, child care facilities, stadiums, and other incompatible land uses as defined in FAA Advisory Circular AC 150/5300 -13 and all subsequent changes. Said Runway Protection Zone, contained within the avigation easement, is identified in the attached Exhibits "A" and "B ". And for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said avigation easement, drilling rigs or other equipment utilized to transport, explore for or produce oil, gas and other minerals, that breaks the plane following the Above Ground Level as described in Exhibit A shall not be installed or constructed upon Grantors property. AND for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said easement and right -of -way, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantors' property any building, structure, tree, or other object extending into the airspace above the aforesaid imaginary plane, and that they shall not hereafter use or permit or suffer the use of Grantors' property in such a manner as to create electrical interference with radio communication between CRP and others, or use or permit the use of Grantors' property in such a manner as to create interference with radar systems or similar aircraft tracking systems used at CRP, or to permit any use of the Grantors' land so as to impair visibility in the vicinity of CRP or as otherwise to endanger the landing, taking off or maneuvering of aircraft. TO HAVE AND TO HOLD said easement and right -of -way and all rights appertaining thereto unto the Grantee, its successors, and assigns, until said CRP shall be abandoned and shall cease to be used for public airport purposes. It being understood and agreed that the aforesaid covenants and agreements shall run with the land and shall be binding upon the heirs, administrators, executors, successors, assigns of the Grantors until said CRP shall be abandoned and cease to be used for public airport purposes. 2 IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of MDy •3 / , 2012. 444 A Syl 9 Claire Wilson Beckman STATE OF TENNESSEE ACKNOWLEDGEMENT COLTNTY OF RUTHERFORD § BE IT REMEMBERED, that on this _3011 day of fr\ , 2012, before me the undersigned, a Notary Public in and for the County and tate aforesaid, came Sylvia Claire Wilson Beckman, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed mix, will the day and year last above written. ,� ‹,(F.‘ SC`, 011 �<<, My commission expires D C �o, <) C) V a' • �c,;.• STATE • ��� ; . OF •N= • TENNESSEE : — �' NOTARY • • • PUBLIC .•�._; GRANTEE: '`If1111111 CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Ronald L. Olson, City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY 3 DEC 16. 2012 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 2012 by Ronald L. Olson as City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas [Seal] APPROVED AS TO LEGAL FORM, THIS DAY OF 2012. FOR THE CITY ATTORNEY By: s` Lisa Aguilar, sistant City Attorney CITY LEGAL DEPARTMENT J: \G1NAM \GEN\CCIA.Sylvia Claire Wilson Beckman.Revised 5- 23- 2012.doc 4 LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 14.10 acre tract of land, more or less, out of a called 91.36 acre tract of land known as Tract 2 of the V.M. Donigan 456.80 acre partition as recorded in Volume I, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: Beginning at a point for the southwest corner of said Tract 2, the southeast corner of Tract 3 of said V.M. Donigan 456.80 acre partition, and the north right -of -way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 34' -51" West, 2188.29 feet; Thence North 00 °- 47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 1120.89 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 626.84 feet to a point for the northeast corner of the tract herein described; Thence South 07 °- 11' -07" West, a distance of 1132.89 feet to a point in the south line of said Tract 2 and the north line of said Texas Mexican Railroad for the southeast corner of the tract herein described; Thence South 88 °- 35' -43" West, along the common line of said Tract 2 and said Texas Mexican Railroad, a distance of 469.61 feet to a point for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 14.10 (614,318.12 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces 1, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the - /_= clay of 4,,i4py 2012. rack) O IVe ra ` State of Texas License No. 1415 Exhibit "A" ®Z SCALE: 1'=200' h --- F, TRACT 2 91.36 AC. VOLUME 1, PACES 48 & 49 MISCELLANEOUS MAP RECOROS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228 D.R.N.C.T. h •1 TRACT 3 91.36 AC. VOLUME 1, PAGES 48 & a9 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS EILE Na 320003 VOLUME 501, PAGE 228 0 RN.C.T. State of Texas County of Nuecee 1, Horocio Oliveira, o Registered Professional Lond Surveyor, of UN Inc., do hereby certify thot the foregoing mop wos prepored from informotion of record and from a survey mode on the ground under my direction. It CL PROP EASEMENT S 07'11'07" w 1132,89' 3 10 N 00'47'34" W 1120.89' I J a F PROP EASEMENT This the 7 day of MI/ 2012. Horocio Oliveira State of Texas License No. 1415 M.R,N.C.T. I.R. I.P. FO B.L. ACL —PL- -R0W — +11+1+4++H4M- — PIPE - - EAS — MAP RECORDS, NUECE5 COUNTY, TEXAS IRON ROD IRON PIN FOUND 81)1LOING EINE ABOVE GROUND LEVEL PROPERTY LINE RIGHT OF WAY SECTION UNE RAIL ROAD TRACKS UNDERGROUND PIPELINE EASEMENT UNE LIGHT LANE LIGHT LANE POINT OF BEcRANNN3 I 10 I" I.P. SW CORNER TRACT 5 91.36 AC. TRACT NOTES. • THIS MAP TO ACCOMPANY AEW NOTE DESCRIPTION • SOURCE OF BEARINGeTEXAS STATE PLANE TEXAS SOUTH ZONE -4205 -NAD 83 K1 tit BY GRAPHIC PLOTTING ONLY, THIS PROPERTY IS IN ZONES .A1, B & C 014 FLOOD INSURANCE RATE L4AP, COMMUNITY PANEL NUMBER 485464 01650, FELLA MAP EFFECINE DATE OF JULY 18, 1985. • PARCEL 3 a 614,318.12 50. FT., 14,10 AC. c c X W EXHIBIT OF MAXIMUM PERMITTING BUILDING HEIGHT ABOVE GROUND LEVEL PARCEL NO. 3 AREA=614,318.12 SQ. FT. 14.10 AC. REFERENCES: 91.36 ACRES, TRACT 2 VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228, D.R.N,C.T. 0 2 00 400 r I DATE. MAY 2012 LNV engineers I architects I contractors DRAWN BY: ORB CHECKED BY: DO JOB N0. 110205 AVIGATION AND HAZARD EASEMENT WHEREAS, Bettye Joyce Walker Coats, hereinafter called the "Grantor," is the owner of an undivided 11.04 acres, more or less, out of the 143.56 acre tract out of Tracts 1 and 2 of the 456.80 V.M. Donigan Partition situated in the City of Corpus Christi, County of Nueces, State of Texas, more particularly described as follows: See Attached Exhibit "A" (Legal Description) hereinafter called "Grantors' property," and outlined on the Attached Exhibit "B" (Plat); NOW THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby grant, bargain, sell, and convey unto the City of Corpus Christi, Texas, hereinafter called the "Grantee," its successors and assigns, for the use and benefit of the public, an easement and right -of -way, appurtenant to Corpus Christi International Airport, hereinafter called "CRP," for the unobstructed use and passage of all types of aircraft (as hereinafter defined), in and through the airspace above Grantors' property above an imaginary plane rising and extending in a generally northerly direction over Grantors' property, said imaginary plane following the Above Ground Level (AGL) contours shown on the plat in attached Exhibit `B ". Said easement shall be appurtenant to and for the benefit of the real property now known as CRP including any additions thereto wherever located, hereafter made by the Grantee or its successors and assigns, guests, and invitees, including any and all persons, firms, or corporations operating aircraft to or from the airport. Said easement and burden, includes the right to cause in all airspace above or in the vicinity of the surface of Grantors' property such noise, vibrations, fumes, deposits of dust or other particulate matter, fuel particles (which are incidental to the normal operation of said aircraft), fear, interference with sleep and communication caused by the operation of aircraft over or in the vicinity of Grantors' property or in landing at or taking off from, or operating at or on said CRP is hereby granted; and Grantors do hereby fully waive, remise, and release any right or cause of action which they may now have or which they may have in the future against the Grantee, its successor and assigns, due to such noise, vibrations, fumes, dust, and fuel particles caused by the operation of aircraft landing at, or taking off from, or operating at or on said CRP. As used herein, the term "aircraft" shall mean any and all types of aircraft, whether now in existence or hereafter manufactured and developed, to include, but not limited to, jet aircraft, propeller driven aircraft, civil aircraft, military aircraft, commercial aircraft, helicopters, and all types of aircraft or vehicles now in existence or hereafter developed, regardless of existing or future noise levels, for the purpose of transporting persons or property through the air, by whoever owned or operated. 1 The easement and right -of -way hereby grants to the Grantee, the continuing right to prevent the erection or growth upon Grantors' property of any building, structure, tree, or other object, extending into the airspace above the aforesaid imaginary plane, and to remove from said airspace, or at the sole option of the Grantee, as an alternative, to mark and light as obstructions to air navigation, any such building, structure, tree, or other objects now upon, or which in the future may be upon Grantors' property, together with the right of ingress to, egress from, and passage over Grantors' property for the above purpose. And for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said avigation easement, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantors' property any structure in the avigation easement, which creates a Runway Protection Zone that is an airport hazard or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, or smoke generating activities; and the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns further agree they will not permit places of public assembly upon Grantors' property, such as, churches, schools, office buildings, shopping centers, restaurants, child care facilities, stadiums, and other incompatible land uses as defined in FAA Advisory Circular AC 150/5300 -13 and all subsequent changes. Said Runway Protection Zone, contained within the avigation easement, is identified in the attached Exhibits "A" and "B ". And for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said avigation easement, drilling rigs or other equipment utilized to transport, explore for or produce oil, gas and other minerals, that breaks the plane following the Above Ground Level as described in Exhibit A shall not be installed or constructed upon Grantors property. AND for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said easement and right -of -way, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantors' property any building, structure, tree, or other object extending into the airspace above the aforesaid imaginary plane, and that they shall not hereafter use or permit or suffer the use of Grantors' property in such a manner as to create electrical interference with radio communication between CRP and others, or use or permit the use of Grantors' property in such a manner as to create interference with radar systems or similar aircraft tracking systems used at CRP, or to permit any use of the Grantors' land so as to impair visibility in the vicinity of CRP or as otherwise to endanger the landing, taking off or maneuvering of aircraft. TO HAVE AND TO HOLD said easement and right -of -way and all rights appertaining thereto unto the Grantee, its successors, and assigns, until said CRP shall be abandoned and shall cease to be used for public airport purposes. It being understood and agreed that the aforesaid covenants and agreements shall run with the land and shall be binding upon the heirs, administrators, executors, successors, assigns of the Grantors until said CRP shall be abandoned and cease to be used for public airport purposes. 2 IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of tam# ,2012. Bettye Joy e Wa er toats ACKNOWLEDGEMENT STATE OF GEORGIA § COUNTY OF HARALSON § BE IT REMEMBERED, that on this / ,a—day of A, , 2012, before me the undersigned, a Notary Public in and for the County Id State aforesaid, came Bettye Joyce Walker Coats, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year last above written. e• �, 1 a` ^� �' • V V . 0,9 •p • • �� i�'�ONp OJ s Notary Publ% My commission expires /12 c '.� it f GRANTEE: CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Ronald L. Olson, City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY 3 THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on 2012 by Ronald L. Olson as City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas [Seal] APPROVED AS TO LEGAL FORM, THIS S1-1— DAY OF U 1 2012. By: FOR THE CITY ATTORNEY oC�L Lisa A ui , Assistant City Attorney CITY LEGAL DEPARTMENT J:AGINAM \GEN \CCI A.Bettye Coats. Revised 5- 23- 2012.doc 4 LNV, Inc. 801 Navigation Blvd.. Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 14.10 acre tract of land, more or less, out of a called 91.36 acre tract or land known as Tract 2 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: Beginning at a point for the southwest corner of said Tract 2, the southeast corner of Tract 3 of said V.M. Donigan 456.80 acre partition, and the north right -of -way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88°-34'-5 1" West, 2188.29 feet; Thence North 00 °- 47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 1120.89 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 626.84 feet to a point for the northeast corner of the tract herein described; Thence South 07 °- 11' -07" West, a distance of 1132.89 feet to a point in the south line of said Tract 2 and the north line of said Texas Mexican Railroad for the southeast corner of the tract herein described; Thence South 88 °- 35' -43" West, along the common line of said Tract 2 and said Texas Mexican Railroad, a distance of 469.61 feet to a point for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 14.10 (614,318.12 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces 1, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the day of /Wily 2012. acio011ve3ra State of Texas License No. 1415 Exhibit "A" SCALE: 1'=200' S 07'11'07" 1y 1132.89' Pt PL PROP EASEMENT TRACT 2 91.36 AC. VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE N0. 320003 VOLUME 501, PAGE 228 D.R.N.C.T. n •1 TRACT 3 91.36 AC. VOLUME I, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY. TEXAS CLERKS FILE N0. 320003 VOLUME 501, PAGE 228 D R N.C.T. State of Texas County of Nieces I, Horacio Oliveiro, a Registered Professional Land Surveyor, of LNV Inc., do hereby certify that the foregoing map was prepored from information of record and from a survey made on the ground under my direction. M .074 This the 7 day of Afe, 2012. Horacio Oliveira State of Texas License No. 1415 M.R.N.C.T. I.R. I.P. FO 8.L. AGL —PL —ROW 111H1++Hi111- - PIPE- - EAS — N 00'47'34" W 1120.89' PROP EASEMENT f� \ MAP RECORDS, NUECES COUNTY. TEXAS IRON ROD IRON PIN FOUND BUILDING UNE ABOVE GROUND LEVEL PROPERTY UNE RIGHT OF WAY SECTION UNE RML ROAD TRACKS UNDERGROUND PIPELINE EASEMENT UNE UGHT LANE i LIGHT LANE 11 POINT OF BEGINNING I NOTES FO 1" I.P. SW CORNER TRACT 5 91.36 AC. TRACT • THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION • SOURCE OF 8EARINC=TEXAS STATE PLANE TEXAS SOUTH ZONE -4205 -NAD 83 • BY GRAPHIC PLOTTING ONLY, THIS PROPERTY IS IN ZONES 'A1, 8 & C' 014 FLOOD INSURANCE RATE MAP, COMMUNrTY PANEL NUMBER 485464 01650, FEMA MAP EFFECTIVE DATE OF JULY 18, 1985. • PARCEL 3 a 614,318.12 S0. FT., 14.10 AC. R a~ 3N u = Z CD Lil Q Q v F1 r< EXHIBIT OF MAXIMUM PERMITTING BUILDING HEIGHT ABOVE GROUND LEVEL PARCEL NO. 3 AREA=614,318.12 SQ. FT• 14.10 AC. REFERENCES: 91.36 ACRES, TRACT 2 VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE N0. 320003 VOLUME 501, PAGE 228, D.R.N.C.T. 0 2 300 400 DATE: MAY 2012 LNV engineers I architects 1 contractors w01 l01.111 164•70110 wsaa DRAWN BY: ORB CHECKED BY: DO JOB N0. 110205 g AVIGATION AND HAZARD EASEMENT WHEREAS, Ann B. Trumbly and William D. Trumbly, Trustees under the Ann B. Trumbly Living Trust, an Oklahoma Trust, hereinafter called the "Grantor," is the owner of an undivided 11.04 acres, more or less, out of the 143.56 acre tract out of Tracts 1 and 2 of the 456.80 V.M. Donigan Partition situated in the City of Corpus Christi, County of Nueces, State of Texas, more particularly described as follows: See Attached Exhibit "A" (Legal Description) hereinafter called "Grantors' property," and outlined on the Attached Exhibit `B" (Plat); NOW THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby grant, bargain, sell, and convey unto the City of Corpus Christi, Texas, hereinafter called the "Grantee," its successors and assigns, for the use and benefit of the public, an easement and right -of -way, appurtenant to Corpus Christi International Airport, hereinafter called "CRP," for the unobstructed use and passage of all types of aircraft (as hereinafter defined), in and through the airspace above Grantors' property above an imaginary plane rising and extending in a generally northerly direction over Grantors' property, said imaginary plane following the Above Ground Level (AGL) contours shown on the plat in attached Exhibit "B ". Said easement shall be appurtenant to and for the benefit of the real property now known as CRP including any additions thereto wherever located, hereafter made by the Grantee or its successors and assigns, guests, and invitees, including any and all persons, firms, or corporations operating aircraft to or from the airport. Said easement and burden, includes the right to cause in all airspace above or in the vicinity of the surface of Grantors' property such noise, vibrations, fumes, deposits of dust or other particulate matter, fuel particles (which are incidental to the normal operation of said aircraft), fear, interference with sleep and communication caused by the operation of aircraft over or in the vicinity of Grantors' property or in landing at or taking off from, or operating At or on said CRP is hereby granted; and Grantors do hereby fully waive, remise, and release any right or cause of action which they may now have or which they may have in the future against the Grantee, its successor and assigns, due to such noise, vibrations, fumes, dust, and fuel particles caused by the operation of aircraft landing at, or taking off from, or operating at or on said CRP. As used herein, the term "aircraft" shall mean any and all types of aircraft, whether now in existence or hereafter manufactured and developed, to include, but not limited to, jet aircraft, propeller driven aircraft, civil aircraft, military aircraft, commercial aircraft, helicopters, and all types of aircraft or vehicles now in existence or hereafter developed, regardless of existing or future noise levels, for the purpose of transporting persons or property through the air, by whoever owned or operated. 1 The easement and right -of -way hereby grants to the Grantee, the continuing right to prevent the erection or growth upon Grantors' property of any building, structure, tree, or other object, extending into the airspace above the aforesaid imaginary plane, and to remove from said airspace, or at the sole option of the Grantee, as an alternative, to mark and light as obstructions to air navigation, any such building, structure, tree, or other objects now upon, or which in the future may be upon Grantors' property, together with the right of ingress to, egress from, and passage over Grantors' property for the above purpose. And for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said avigation easement, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantors' property any structure in the avigation easement, which creates a Runway Protection Zone that is an airport hazard or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, or smoke generating activities; and the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns further agree they will not permit places of public assembly upon Grantors' property, such as, churches, schools, office buildings, shopping centers, restaurants, child care facilities, stadiums, and other incompatible land uses as defined in FAA Advisory Circular AC 150/5300 -13 and all subsequent changes. Said Runway Protection Zone, contained within the avigation easement, is identified in the attached Exhibits "A" and "B ". And for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said avigation easement, drilling rigs or other equipment utilized to transport, explore for or produce oil, gas and other minerals, that breaks the plane following the Above Ground Level as described in Exhibit A shall not be installed or constructed upon Grantors property. AND for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors. and assigns, do hereby agree that for and during the life of said easement and right -of -way, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantors' property any building, structure, tree, or other object extending into the airspace above the aforesaid imaginary plane, and that they shall not hereafter use or permit or suffer the use of Grantors' property in such a manner as to create electrical interference with radio communication between CRP and others, or use or permit the use of Grantors' property in such a manner as to create interference with radar systems or similar aircraft tracking systems used at CRP, or to permit any use of the Grantors' land so as to impair visibility in the vicinity of CRP or as otherwise to endanger the landing, taking off or maneuvering of aircraft. TO HAVE AND TO HOLD said easement and right -of -way and all rights appertaining thereto unto the Grantee, its successors, and assigns, until said CRP shall be abandoned and shall cease to be used for public airport purposes. It being understood and agreed that the aforesaid covenants and agreements shall run with the land and shall be binding upon the heirs, administrators, executors, successors, assigns of the Grantors until said CRP shall be abandoned and cease to be used for public airport purposes. 2 IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of 2012. Ann B. Trumbly and William D. Trum , Trustees under the Ann B. Trumbly Living Trust, an Oklahoma Trust ACKNOWLEDGEMENT STATE OF OKLAHOMA COUNTY OF OKLAHOMA § BE IT REMEMBERED, that on this ?Pt day of 4'k m—A , 2012, before me the undersigned, a Notary Public in and for the County and State Aforesaid, came Ann B. Trumbly and William D. Trumbly, Trustees under the Ann B. Trumbly Living Trust, an Oklahoma Trust, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year last above written. Notary Public Mbs My commission expires P" o.rx� 3 SILL FINNEY Notary Pubk Stab of Oklahoma Commission • 12002219 My Commission Eying Mar 7.2016 1 GRANTEE: CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Ronald L. Olson, City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on 2012 by Ronald L. Olson as City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas [Seal] APPROVED AS TO LEGAL FORM, THIS `b DAY OF `""`-s^-- 2012. FOR THE CITY ATTORNEY By: Lisa Agu , Assistant City Attorney CITY LEGAL DEPARTMENT J: \GEN \CCIA.Ann Trumbly.Revised 5- 23- 2012.doc 4 LNV, Inc. 801 Navigation Blvd.. Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 14.10 acre tract of land, more or less, out of a called 91.36 acre tract of land known as Tract 2 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: Beginning at a point for the southwest corner of said Tract 2, the southeast corner of Tract 3 of said V.M. Donigan 456.80 acre partition, and the north right -of -way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 34' -51" West, 2188.29 feet; Thence North 000- 47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 1120.89 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 626.84 feet to a point for the northeast corner of the tract herein described; Thence South 07 °- 11' -07" West, a distance of 1132.89 feet to a point in the south line of said Tract 2 and the north line of said Texas Mexican Railroad for the southeast corner of the tract herein described; Thence South 88 °- 35' -43" West, along the conunon line of said Tract 2 and said Texas Mexican Railroad, a distance of 469.61 feet to a point for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 14.10 (614,318.12 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces 1, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the _,h day of /Way 2012. rack) 0 veIra State of Texas License No. 1415 Exhibit "A" R Pt SCALE: 1"=200' FL Cl PROP EASEMENT S 07'11'07" W ;132.89' R TRACT 2 91.36 AC. VOLUME 1, PACES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228 D.R.N.C.T. R TRACT 3 91.36 AC. VOLUME 1, PAGES 48 Li 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE N0. 320003 VOLUME 501, PAGE 228 D.R.N.C.T. State of Texas County of Nueces I, Horacio Oliveiro, a Registered Professional Lond Surveyor, of LNV Inc., do hereby certify that the foregoing map was prepared from information of record and from a survey mode on the ground under my direction. N r0 PARCEL 3 14.10 ACRES 1a/ co 2 N 00'47'34 PROP EASEMENT This the 9' cloy of Ma 2012. Horacia Oliveiro State of Texos License No. 1415 W 1120.89' \ __/5/3 £ 11.8.N.0.T. MAP RECORDS, NUECES COUNTY, TEXAS I.R. I.P. FO 8.1. ACL —PL — —ROW -- 1-111114444+144- - PIPE - - EAS IRON ROD IRON PIN FOUND BUILDING UNE ABOVE GROUND LEVEL PROPERTY UNE RIGHT OF WAY SECTION UNE RAIL ROAD TRACKS UNDERGROUND PIPELINE EASEMENT UNE LIGHT LANE LIGHT LANE POINT OF BECINNINO FD I" I.P. SW CORNER TRACT 5 91-36 AC. TRACT NOTES- • • TN15 MAP TO ACCOMPANY FIELD NOTE DESCRIPTION • SOURCE OF BEARINC,ATEXAS STATE PLANE TEXAS SOLIDI ZONE -4205 -NAD 83 BY GRAPHIC PLOTTING ONLY, 11415 PROPERTY 15 1N ZONES 'A1, B & C" ON FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NUIIBER 485464 0165C, FEMA MAP EFFECTNE DATE OF JULY 18, 1985. PARCEL 3 = 614,318.12 50. FT., 14.10 AC. R • • 10 4.1 ee seee X W EXHIBIT OF MAXIMUM PERMITTING BUILDING HEIGHT ABOVE GROUND LEVEL PARCEL NO. 3 AREA=614,318.12 SQ. FT. 14.10 AC. REFERENCES: 91.36 ACRES, TRACT 2 VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228, D.R,N,C.T. 0 2 400 I DATE: MAY 2012 LOW engineers I architects 1 contractors 101^.0 1.1041100 110 00111 01 F01111 4.1.110 DRAWN BY: ORB CHECKED BY: 00 JOB NO. 110205 AVIGATION AND HAZARD EASEMENT WHEREAS, Kelley D. Cook, hereinafter called the "Grantor," is the owner of an undivided 11.04 acres, more or less, out of the 143.56 acre tract out of Tracts 1 and 2 of the 456.80 V.M. Donigan Partition situated in the City of Corpus Christi, County of Nueces, State of Texas, more particularly described as follows: See Attached Exhibit "A" (Legal Description) hereinafter called "Grantors' property," and outlined on the Attached Exhibit "B" (Plat); NOW THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby grant, bargain, sell, and convey unto the City of Corpus Christi, Texas, hereinafter called the "Grantee," its successors and assigns, for the use and benefit of the public, an easement and right -of -way, appurtenant to Corpus Christi International Airport, hereinafter called "CRP," for the unobstructed use and passage of all types of aircraft (as hereinafter defined), in and through the airspace above Grantors' property above an imaginary plane rising and extending in a generally northerly direction over Grantors' property, said imaginary plane following the Above Ground Level (AGL) contours shown on the plat in attached Exhibit "B ". Said easement shall be appurtenant to and for the benefit of the real property now known as CRP including any additions thereto wherever located, hereafter made by the Grantee or its successors and assigns, guests, and invitees, including any and all persons, firms, or corporations operating aircraft to or from the airport. Said easement and burden, includes the right to cause in all airspace above or in the vicinity of the surface of Grantors' property such noise, vibrations, fumes, deposits of dust or other particulate matter, fuel particles (which are incidental to the normal operation of said aircraft), fear, interference with sleep and communication caused by the operation of aircraft over or in the vicinity of Grantors' property or in landing at or taking off from, or operating at or on said CRP is hereby granted; and Grantors do hereby fully waive, remise, and release any right or cause of action which they may now have or which they may have in the future against the Grantee, its successor and assigns, due to such noise, vibrations, fumes, dust, and fuel particles caused by the operation of aircraft landing at, or taking off from, or operating at or on said CRP. As used herein, the term "aircraft" shall mean any and all types of aircraft, whether now in existence or hereafter manufactured and developed, to include, but not limited to, jet aircraft, propeller driven aircraft, civil aircraft, military aircraft, commercial aircraft, helicopters, and all types of aircraft or vehicles now in existence or hereafter developed, regardless of existing or future noise levels, for the purpose of transporting persons or property through the air, by whoever owned or operated. 1 The easement and right -of -way hereby grants to the Grantee, the continuing right to prevent the erection or growth upon Grantors' property of any building, structure, tree, or other object, extending into the airspace above the aforesaid imaginary plane, and to remove from said airspace, or at the sole option of the Grantee, as an alternative, to mark and light as obstructions to air navigation, any such building, structure, tree, or other objects now upon, or which in the future may be upon Grantors' property, together with the right of ingress to, egress from, and passage over Grantors' property for the above purpose. And for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said avigation easement, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantors' property any structure in the avigation easement, which creates a Runway Protection Zone that is an airport hazard or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, or smoke generating activities; and the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns further agree they will not permit places of public assembly upon Grantors' property, such as, churches, schools, office buildings, shopping centers, restaurants, child care facilities, stadiums, and other incompatible land uses as defined in FAA Advisory Circular AC 150/5300 -13 and all subsequent changes. Said Runway Protection Zone, contained within the avigation easement, is identified in the attached Exhibits "A" and "B ". And for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said avigation easement, drilling rigs or other equipment utilized to transport, explore for or produce oil, gas and other minerals, that breaks the plane following the Above Ground Level as described in Exhibit A shall not be installed or constructed upon Grantors property. AND for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said easement and right -of -way, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantors' property any building, structure, tree, or other object extending into the airspace above the aforesaid imaginary plane, and that they shall not hereafter use or permit or suffer the use of Grantors' property in such a manner as to create electrical interference with radio communication between CRP and others, or use or permit the use of Grantors' property in such a manner as to create interference with radar systems or similar aircraft tracking systems used at CRP, or to permit any use of the Grantors' land so as to impair visibility in the vicinity of CRP or as otherwise to endanger the landing, taking off or maneuvering of aircraft. TO HAVE AND TO HOLD said easement and right -of -way and all rights appertaining thereto unto the Grantee, its successors, and assigns, until said CRP shall be abandoned and shall cease to be used for public airport purposes. It being understood and agreed that the aforesaid covenants and agreements shall run with the land and shall be binding upon the heirs, administrators, executors, successors, assigns of the Grantors until said CRP shall be abandoned and cease to be used for public airport purposes. 2 IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of ct 30 , 2012. h Kelley D. C ok ACKNOWLEDGEMENT STATE OF ALABAMA § COUNTY OF JEFFERSON § BE IT REMEMBERED, that on this ° day of v" ` , 2012, before me the undersigned, a Notary Public in and for the County and State aforesaid, came Kelley D. Cook, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year last above written. Noy Public JAMES G. ALLAN ALABAMA STATE AT LARGE My commission expires TERM 08/29/2011 TO 08/29/2015 GRANTEE: CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Ronald L. Olson, City Manager 3 ATTEST: ARMANDO CHAPA, CITY SECRETARY THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 2012 by Ronald L. Olson as City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas [Seal] APPROVED AS TO LEGAL FORM, THIS 2012. By: DAY OF C, FOR THE CITY ATTORNEY Lisa Aguilar, istant City Attorney CITY LEGAL DEPARTMENT J: \GINAM \GEN \CCIA.KeIIy Cook.Revised 5- 23- 2012.doc 4 LNV, inc. 801 Navigation Blvd.. Suite 200 Corpus Christi. Texas 78408 Field Note Description for a 14.10 acre tract of land, more or less, out of a called 91.36 acre tract of land known as Tract 2 of the V.M. Donigan 456.80 acre partition as recorded in Volurne I, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: Beginning at a point for the southwest corner of said Tract 2, the southeast corner of Tract 3 of said V.M. Donigan 456.80 acre partition, and the north right -of -way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 34' -51" West, 2188.29 feet; Thence North 000- 47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 1120.89 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 626.84 feet to a point for the northeast corner of the tract herein described; Thence South 07 °- 11' -07" West, a distance of 1132.89 feet to a point in the south line of said Tract 2 and the north line of said Texas Mexican Railroad for the southeast corner of the tract herein described; Thence South 88 °- 35' -43" West, along the common line of said Tract 2 and said Texas Mexican Railroad, a distance of 469.61 feet to a point for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 14.10 (614,318.12 Square Feet) acres of laud. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces I, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the 7G day of �((,f 2012. raeio 011Yeira State of Texas License No. 1415 Exhibit "A" FL Pt FL PROP EASEMENT 3 SCALE: 1'=200' S 07.11,07, W 1132.89' rL TRACT 2 91.36 AC. VOLUME I, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PACE 228 D.R.N.C.T. TRACT 3 91.36 AC. VOLUME 1, PAGES 48 & 49 I.IISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228 D.R.N.C.T. State of Texas County of Nueces 1, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., do hereby certify thot the foregoing mop was prepared from information of record and from o survey made on the ground under my direction. 6: Lu 01 40 t0 Z N 00.47'34" W PROP EASEMENT This the 9 day of /4'% 2012. s Horocio Oliveira Stote of Texas License No. 1415 M.R.N.C.T. I.R. I.P. FD 8.L. ACL PL —ROW— +H+4144144444- - PIPE- - HHFH+FN4H—PIPE- - EAS MAP RECORDS, NUECES COUNTY, TEXAS IRON ROD IRON PIN FOUND BUILDING UNE ABOVE GROUND LEVEL PROPERTY UNE RICHT OF WAY SECTION UNE RAIL ROAD TRACKS UNDERGROUND PIPEUNE EASEMENT UNE LICHT LANE LIGHT LANE POINT OF BEGINNINO I r.+ t FO 1" I.P. SW CORNER TRACT 5 91.36 AC. TRACT NOTES. • THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION • SOURCE OF BEARING=TEXAS STATE PLANE TEXAS SOUTH ZONE-4205—NAD 83 -et cci m N BY GRAPHIC PLOTTING ONLY, THIS PROPERTY IS IN ZONES 'A1, 8 & C ON FL000 INSURANCE RATE MAP, COMMUNITY PANEL NUMBER 485464 0165C, FEMA MAP EFFECTIVE DATE OF JULY 18, 1985. PARCEL 3 614,318.12 SO. FT., 14.10 AC. _ fn 2 (n CD W 2 Z W Q T— v 1— ln F, Exhibit "B" EXHIBIT OF MAXIMUM PERMITTING BUILDING HEIGHT ABOVE GROUND LEVEL PARCEL NO. 3 AREA=614,318.12 SQ. FT. 14.10 AC. REFERENCES: 91.36 ACRES, TRACT 2 VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228, D.R.N.C.T. 0 2Q0 300 400 DATE: MAY 2012 LNV engineers I architects I contractors 1=v4.4 nmaa Ypae DRAWN BY: ORB CHECKED BY: DO JOB N0. 110205 /12 AVIGATION AND HAZARD EASEMENT WHEREAS, Rodney Blake Driskill, Individually and as Personal Representative of the Estate of Floye Burnham Driskill, deceased, hereinafter called the "Grantor," is the owner of an undivided 11.04 acres, more or less, out of the 143.56 acre tract out of Tracts 1 and 2 of the 456.80 V.M. Donigan Partition situated in the City of Corpus Christi, County of Nueces, State of Texas, more particularly described as follows: See Attached Exhibit "A" (Legal Description) hereinafter called "Grantors' property," and outlined on the Attached Exhibit `B" (Plat); NOW THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby grant, bargain, sell, and convey unto the City of Corpus Christi, Texas, hereinafter called the "Grantee," its successors and assigns, for the use and benefit of the public, an easement and right -of -way, appurtenant to Corpus Christi International Airport, hereinafter called "CRP," for the unobstructed use and passage of all types of aircraft (as hereinafter defined), in and through the airspace above Grantors' property above an imaginary plane rising and extending in a generally northerly direction over Grantors' property, said imaginary plane following the Above Ground Level (AGL) contours shown on the plat in attached Exhibit "B ". Said easement shall be appurtenant to and for the benefit of the real property now known as CRP including any additions thereto wherever located, hereafter made by the Grantee or its successors and assigns, guests, and invitees, including any and all persons, firms, or corporations operating aircraft to or from the airport. Said easement and burden, includes the right to cause in all airspace above or in the vicinity of the surface of Grantors' property such noise, vibrations, fumes, deposits of dust or other particulate matter, fuel particles (which are incidental to the normal operation of said aircraft), fear, interference with sleep and communication caused by the operation of aircraft over or in the vicinity of Grantors' property or in landing at or taking off from, or operating at or on said CRP is hereby granted; and Grantors do hereby fully waive, remise, and release any right or cause of action which they may now have or which they may have in the future against the Grantee, its successor and assigns, due to such noise, vibrations, fumes, dust, and fuel particles caused by the operation of aircraft landing at, or taking off from, or operating at or on said CRP. As used herein, the term "aircraft" shall mean any and all types of aircraft, whether now in existence or hereafter manufactured and developed, to include, but not limited to, jet aircraft, propeller driven aircraft, civil aircraft, military aircraft, commercial aircraft, helicopters, and all types of aircraft or vehicles now in existence or hereafter developed, regardless of existing or future noise levels, for the purpose of transporting persons or property through the air, by whoever owned or operated. 1 The easement and right -of -way hereby grants to the Grantee, the continuing right to prevent the erection or growth upon Grantors' property of any building, structure, tree, or other object, extending into the airspace above the aforesaid imaginary plane, and to remove from said airspace, or at the sole option of the Grantee, as an alternative, to mark and light as obstructions to air navigation, any such building, structure, tree, or other objects now upon, or which in the future may be upon Grantors' property, together with the right of ingress to, egress from, and passage over Grantors' property for the above purpose. And for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said avigation easement, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantors' property any structure in the avigation easement, which creates a Runway Protection Zone that is an airport hazard or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, or smoke generating activities; and the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns further agree they will not permit places of public assembly upon Grantors' property, such as, churches, schools, office buildings, shopping centers, restaurants, child care facilities, stadiums, and other incompatible land uses as defined in FAA Advisory Circular AC 150/5300 -13 and all subsequent changes. Said Runway Protection Zone, contained within the avigation easement, is identified in the attached Exhibits "A" and "B ". And for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said avigation easement, drilling rigs or other equipment utilized to transport, explore for or produce oil, gas and other minerals, that breaks the plane following the Above Ground Level as described in Exhibit A shall not be installed or constructed upon Grantors property. AND for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said easement and right -of -way, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantors' property any building, structure, tree, or other object extending into the airspace above the aforesaid imaginary plane, and that they shall not hereafter use or permit or suffer the use of Grantors' property in such a manner as to create electrical interference with radio communication between CRP and others, or use or permit the use of Grantors' property in such a manner as to create interference with radar systems or similar aircraft tracking systems used at CRP, or to permit any use of the Grantors' land so as to impair visibility in the vicinity of CRP or as otherwise to endanger the landing, taking off or maneuvering of aircraft. TO HAVE AND TO HOLD said easement and right -of -way and all rights appertaining thereto unto the Grantee, its successors, and assigns, until said CRP shall be abandoned and shall cease to be used for public airport purposes. It being understood and agreed that the aforesaid covenants and agreements shall run with the land and shall be binding upon the heirs, administrators, executors, successors, assigns of the Grantors until said CRP shall be abandoned and cease to be used for public airport purposes. 2 IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of ct. , 2012. Rodney Bl e Driskill, Individually and as Personal Representative of the Estate of Floye Burnham Driskill, deceased ACKNOWLEDGEMENT STATE OF ALABAMA § COUNTY OF S\-\4 \b j § BE IT REMEMBERED, that on this 4VIN day of J �� , 2012, before me the undersigned, a Notary Public in and for the County and State aforesaid, came Rodney Blake Driskill, Individually and as Personal Representative of the Estate of Floye Burnham Driskill, deceased, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year last above written. Notary Public My commission expires \ - ,Dg GRANTEE: CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Ronald L. Olson, City Manager 3 ATTEST: ARMANDO CHAPA, CITY SECRETARY THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on 2012 by Ronald L. Olson as City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas [Seal] APPROVED AS TO LEGAL FORM, THIS 2012. By: 8L DAY OF FOR THE CITY ATTORNEY Lisa Aguilar, sistant City Attorney CITY LEGAL DEPARTMENT J: \G1NAM \GEN \CCIA.Rodney Driskill.Revised 5- 23- 2012.doc 4 LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 14.10 acre tract of land, more or less, out of a called 91.36 acre tract of land known as Tract 2 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: Beginning at a point for the southwest corner of said Tract 2, the southeast comer of Tract 3 of said V.M. Donigan 456.80 acre partition, and the north right -of -way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 ° -34' -5 I" West, 2188.29 feet; Thence North 00 °- 47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 1120.89 feet to a point for the northwest comer of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 626.84 feet to a point for the northeast corner of the tract herein described; Thence South 07 °- 11' -07" West, a distance of 1132.89 feet to a point in the south line of said Tract 2 and the north line of said Texas Mexican Railroad for the southeast corner of the tract herein described; Thence South 88 °- 35' -43" West, along the cotnttton line of said Tract 2 and said Texas Mexican Railroad, a distance of 469.61 feet to a point for the southwest comer of the herein described easement and for the POINT OF BEGINNING. Containing more or less 14.10 (614,318.12 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces I, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the — day of /1/72;fy 2012. raclo 0 ve State of Texas License No. 14 l 5 Exhibit "A" FL Fl Fl PROP EASEMENT SCALE: 1'=200' l ' S 07'11'07" ty 1132,89' TRACT 2 91.36 AC. VOLUME 1, PACES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS F1LE N0. 320003 VOLUME 501, PACE 228 D.R.N.C.T. tt Fr TRACT 3 91.36 AC. VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228 D N,C.T. State of Texas County of Nueces I, Horocio Oliveiro, a Registered Professional Lond Surveyor, of LNV Inc., do hereby certify that the foregoing map wos prepared from information of record and from a survey mode on the ground under my direction. 3 a �R ECTION LINE 8" AIR LIO ASUNE ENTERPRISE PETRO PIPELINE N 00'47'34" W 1120.89' yinPROP EASEMENT This the % doy of Aid 2012. Horocio Oliveira State of Texas License No. 1415 M.R.N.C.T. I.R. I.P. FD B,L. ACL —PL- - ROW HIHHHHHI- -PIPE - - EAS — MAP RECORDS, NUECES COUNTY, TEXAS IRON ROD IRON P114 FOUND BUILDING UNE ABOVE GROUND LEVEL PROPERTY UNE RIGHT OF WAY SECTION UNE RAIL ROAD TRACKS UNDERGROUND PIPEUNE EASEMENT UNE LIGHT LANE F LIGHT LANE POINT OF BEGINNING I I NOTES' FO 1" I.P. SW CORNER TRACT 5 91.36 AC. TRACT • THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTIO! • SOURCE OF BEARING..TEXAS STATE PLANE TEXAS SOUTH ZONE-4205-14AD 83 BY GRAPHIC PLOTTING ONLY, THIS PROPERTY IS IN ZONES 'A1, B & C ON FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NUMBER 485464 0165C, FEMA MA' EFFECTfVE DATE Of JULY 18, 1985. PARCEL 3 a 614,318.12 SQ. FT., 14.10 AC. da da X W R EXHIBIT OF MAXIMUM PERMITTING BUILDING HEIGHT ABOVE GROUND LEVEL PARCEL NO. 3 AREA=614,318.12 SQ. FT. 14.10 AC. REFERENCES: 91.36 ACRES, TRACT 2 VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228, D.R.N.C.T. 20:61.11Z0 400 DATE: MAY 2012 LNV engineers I architects I contractors •wvicea DRAWN BY: ORB CHECKED BY: DO JOB NO. 110205 13 AVIGATION AND HAZARD EASEMENT WHEREAS, Nancy Ogburn Dempsey, hereinafter called the "Grantor," is the owner of an undivided 11.04 acres, more or less, out of the 143.56 acre tract out of Tracts 1 and 2 of the 456.80 V.M. Donigan Partition situated in the City of Corpus Christi, County of Nueces, State of Texas, more particularly described as follows: See Attached Exhibit "A" (Legal Description) hereinafter called "Grantors' property," and outlined on the Attached Exhibit "B" (Plat); NOW THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby grant, bargain, sell, and convey unto the City of Corpus Christi, Texas, hereinafter called the "Grantee," its successors and assigns, for the use and benefit of the public, an easement and right -of -way, appurtenant to Corpus Christi International Airport, hereinafter called "CRP," for the unobstructed use and passage of all types of aircraft (as hereinafter defined), in and through the airspace above Grantors' property above an imaginary plane rising and extending in a generally northerly direction over Grantors' property, said imaginary plane following the Above Ground Level (AGL) contours shown on the plat in attached Exhibit "B ". Said easement shall be appurtenant to and for the benefit of the real property now known as CRP including any additions thereto wherever located, hereafter made by the Grantee or its successors and assigns, guests, and invitees, including any and all persons, firms, or corporations operating aircraft to or from the airport. Said easement and burden, includes the right to cause in all airspace above or in the vicinity of the surface of Grantors' property such noise, vibrations, fumes, deposits of dust or other particulate matter, fuel particles (which are incidental to the normal operation of said aircraft), fear, interference with sleep and communication caused by the operation of aircraft over or in the vicinity of Grantors' property or in landing at or taking off from, or operating at or on said CRP is hereby granted; and Grantors do hereby fully waive, remise, and release any right or cause of action which they may now have or which they may have in the future against the Grantee, its successor and assigns, due to such noise, vibrations, fumes, dust, and fuel particles caused by the operation of aircraft landing at, or taking off from, or operating at or on said CRP. As used herein, the term "aircraft" shall mean any and all types of aircraft, whether now in existence or hereafter manufactured and developed, to include, but not limited to, jet aircraft, propeller driven aircraft, civil aircraft, military aircraft, commercial aircraft, helicopters, and all types of aircraft or vehicles now in existence or hereafter developed, regardless of existing or future noise levels, for the purpose of transporting persons or property through the air, by whoever owned or operated. 1 The easement and right -of -way hereby grants to the Grantee, the continuing right to prevent the erection or growth upon Grantors' property of any building, structure, tree, or other object, extending into the airspace above the aforesaid imaginary plane, and to remove from said airspace, or at the sole option of the Grantee, as an alternative, to mark and light as obstructions to air navigation, any such building, structure, tree, or other objects now upon, or which in the future may be upon Grantors' property, together with the right of ingress to, egress from, and passage over Grantors' property for the above purpose. And for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said avigation easement, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantors' property any structure in the avigation easement, which creates a Runway Protection Zone that is an airport hazard or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, or smoke generating activities; and the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns further agree they will not permit places of public assembly upon Grantors' property, such as, churches, schools, office buildings, shopping centers, restaurants, child care facilities, stadiums, and other incompatible land uses as defined in FAA Advisory Circular AC 150/5300 -13 and all subsequent changes. Said Runway Protection Zone, contained within the avigation easement, is identified in the attached Exhibits "A" and "B ". And for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said avigation easement, drilling rigs or other equipment utilized to transport, explore for or produce oil, gas and other minerals, that breaks the plane following the Above Ground Level as described in Exhibit A shall not be installed or constructed upon Grantors property. AND for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said easement and right -of -way, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantors' property any building, structure, tree, or other object extending into the airspace above the aforesaid imaginary plane, and that they shall not hereafter use or permit or suffer the use of Grantors' property in such a manner as to create electrical interference with radio communication between CRP and others, or use or permit the use of Grantors' property in such a manner as to create interference with radar systems or similar aircraft tracking systems used at CRP, or to permit any use of the Grantors' land so as to impair visibility in the vicinity of CRP or as otherwise to endanger the landing, taking off or maneuvering of aircraft. TO HAVE AND TO HOLD said easement and right -of -way and all rights appertaining thereto unto the Grantee, its successors, and assigns, until said CRP shall be abandoned and shall cease to be used for public airport purposes. It being understood and agreed that the aforesaid covenants and agreements shall run with the land and shall be binding upon the heirs, administrators, executors, successors, assigns of the Grantors until said CRP shall be abandoned and cease to be used for public airport purposes. 2 IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of l7.kVt.9L , 2012. Qn U Nancy Ogbuiln De psey STATE OF GEORGIA COUNTY OF PAULDING ACKNOWLEDGEMENT BE IT REMEMBERED, that on this day of TWAL. , 2012, before me the undersigned, a Notary Public in and for the County and State aforesaid, came Nancy Ogburn Dempsey, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year last above written. • VAl1,ala WtOIO Notary Public My commission expires 10 -30 -12 MICHELLE VANSCIVER NOTARY PUBLIC FLOYD COUNTY, GEORGIA My Commission Expires 10 -30 -12 GRANTEE: CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Ronald L. Olson, City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY 3 THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on 2012 by Ronald L. Olson as City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas [Seal] APPROVED AS TO LEGAL FORM, THIS _ DAY OF , 2012. By: FOR THE CITY ATTORNEY Lisa Agui , Assistant City Attorney CITY LEGAL DEPARTMENT J: \GINAM \GEN \CCIA.Nancy Ogburn Dempsey.Revised 5- 23- 2012.doc 4 LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 14.10 acre tract of land, more or less, out of a called 91.36 acre tract of land known as Tract 2 of the V.M. Donigan 456.80 acre partition as recorded in Volume I, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: Beginning at a point for the southwest corner of said Tract 2, the southeast corner of Tract 3 of said V.M. Donigan 456.80 acre partition, and the north right-of-way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 34' -51" West, 2188.29 feet; Thence North 00 °- 47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 1120.89 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 626.84 feet to a point for the northeast corner of the tract herein described; Thence South 07 °- 11' -07" West, a distance of 1132.89 feet to a point in the south line of said Tract 2 and the north line of said Texas Mexican Railroad for the southeast corner of the tract herein described; Thence South 88 °- 35' -43" West, along the cornmon line of said Tract 2 and said Texas Mexican Railroad, a distance of 469.61 feet to a point for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 14.10 (614,318.12 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces I, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the i day of 4��7L,/ 2012. recto 0 ve1ra State of Texas License No. 1415 Exhibit "A" SCALE: 1'=200' TRACT 2 91.36 AC. VOLUME I, PACES 48 & 49 MISCELLANEOUS MMP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228 D.R,N.C.T. FL TRACT 3 91,36 AC. VOIUAIE 1, PACES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE N0. 320003 VOLUME 501, PAGE 228 0.9.9.0.1. State of Texas County of Nueces I, Horocio Oliveira, o Registered Professional Land Surveyor, of LIN Inc.. do hereby certify that the foregoing map was prepared from information of record and from o survey mode on the ground under my direction. Pt FL PL PROP EASEMENT R 3 S °7.11'"' w 1132.89' to z N 00'47'34" W LIGHT LANE 11 POINT OF BEGINNING I A- , 740 This the 9 day of May 2012. Horacio Oliveira Stole of Texas License No. 1415 LEND M.R.N.C.T. I.R. I.P. FD B.L. AGL PL- - ROW -- +H41444444444- —PIPE- - EA5— PROP EASEMENT MAP RECORDS, NUECES COUNTY, TEXAS IRON R00 IRON PIN FOUND BUILDING UNE ABOVE GROUND LEVEL PROPERTY UNE RIGHT OF WAY SECTION UNE RAIL ROAD TRACKS UNOERGROUNO PIPELINE EASEMENT UNE UGHT LANE NOTES - (0 1' I.P. SW CORNER TRACT 5 91.36 AC. 1RACT • THIS MAP TO ACCOMPANY FIELD NOTE DESCRIP11ON • SOURCE OF BEARING=TEXAS STATE PLANE TEXAS SOUTH ZONE -4205 -NAD 83 BY GRAPHIC PLOTTING ONLY, THIS PROPERTY IS IN ZONES 'AI, 8 & C. ON FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NUMBER 485464 01650, FEMA MAP EFFECTIVE DATE OF JULY 18. 1985. PARCEL 3 a 614,318.12 50. FT., 14.10 AC. R EXHIBIT OF MAXIMUM PERMITTING BUILDING HEIGHT ABOVE GROUND LEVEL PARCEL NO. 3 AREA=614,318.12 SQ. FT. 14.10 AC. REFERENCES: 91.36 ACRES, TRACT 2 VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228, D.R.N.C.T. 0 2 300 400 DATE: MAY 2012 LNV engineers I architects I contractors OPISCRIAD collik. Moan* not roma atom r1.K00� DRAWN BY: 098 CHECKED BY! DO JOB N0. H0205 /4 AVIGATION AND HAZARD EASEMENT WHEREAS, Jarma Dawn Aycox, Individually and as Personal Representative of the Estate of Jeanette S. Burnham, deceased, hereinafter called the "Grantor," is the owner of an undivided 3.68 acres, more or less, out of the 143.56 acre tract out of Tracts 1 and 2 of the 456.80 V.M. Donigan Partition situated in the City of Corpus Christi, County of Nueces, State of Texas, more particularly described as follows: See Attached Exhibit "A" (Legal Description) hereinafter called "Grantors' property," and outlined on the Attached Exhibit "B" (Plat); NOW THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby grant, bargain, sell, and convey unto the City of Corpus Christi, Texas, hereinafter called the "Grantee," its successors and assigns, for the use and benefit of the public, an easement and right -of -way, appurtenant to Corpus Christi International Airport, hereinafter called "CRP," for the unobstructed use and passage of all types of aircraft (as hereinafter defined), in and through the airspace above Grantors' property above an imaginary plane rising and extending in a generally northerly direction over Grantors' property, said imaginary plane following the Above Ground Level (AGL) contours shown on the plat in attached Exhibit "B ". Said easement shall be appurtenant to and for the benefit of the real property now known as CRP including any additions thereto wherever located, hereafter made by the Grantee or its successors and assigns, guests, and invitees, including any and all persons, firms, or corporations operating aircraft to or from the airport. Said easement and burden, includes the right to cause in all airspace above or in the vicinity of the surface of Grantors' property such noise, vibrations, fumes, deposits of dust or other particulate matter, fuel particles (which are incidental to the normal operation of said aircraft), fear, interference with sleep and communication caused by the operation of aircraft over or in the vicinity of Grantors' property or in landing at or taking off from, or operating at or on said CRP is hereby granted; and Grantors do hereby fully waive, remise, and release any right or cause of action which they may now have or which they may have in the future against the Grantee, its successor and assigns, due to such noise, vibrations, fumes. dust, and fuel particles caused by the operation of aircraft landing at, or taking off from, or operating at or on said CRP. As used herein, the term "aircraft" shall mean any and all types of aircraft, whether now in existence or hereafter manufactured and developed, to include, but not limited to, jet aircraft, propeller driven aircraft, civil aircraft, military aircraft, commercial aircraft, helicopters, and all types of aircraft or vehicles now in existence or hereafter developed, regardless of existing or future noise levels, for the purpose of transporting persons or property through the air, by whoever owned or operated. 1 The easement and right -of -way hereby grants to the Grantee, the continuing right to prevent the erection or growth upon Grantors' property of any building, structure, tree, or other object, extending into the airspace above the aforesaid imaginary plane, and to remove from said airspace, or at the sole option of the Grantee, as an alternative, to mark and light as obstructions to air navigation, any such building, structure, tree, or other objects now upon, or which in the future may be upon Grantors' property, together with the right of ingress to, egress from, and passage over Grantors' property for the above purpose. And for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said avigation easement, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantors' property any structure in the avigation easement, which creates a Runway Protection Zone that is an airport hazard or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, or smoke generating activities; and the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns further agree they will not permit places of public assembly upon Grantors' property, such as, churches, schools, office buildings, shopping centers, restaurants, child care facilities, stadiums, and other incompatible land uses as defined in FAA Advisory Circular AC 150/5300 -13 and all subsequent changes. Said Runway Protection Zone, contained within the avigation easement, is identified in the attached Exhibits "A" and "B ". And for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said avigation easement, drilling rigs or other equipment utilized to transport, explore for or produce oil, gas and other minerals, that breaks the plane following the Above Ground Level as described in Exhibit A shall not be installed or constructed upon Grantors property. AND for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said easement and right -of -way, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantors' property any building, structure, tree, or other object extending into the airspace above the aforesaid imaginary plane, and that they shall not hereafter use or permit or suffer the use of Grantors' property in such a manner as to create electrical interference with radio communication between CRP and others, or use or permit the use of Grantors' property in such a manner as to create interference with radar systems or similar aircraft tracking systems used at CRP, or to permit any use of the Grantors' land so as to impair visibility in the vicinity of CRP or as otherwise to endanger the landing, taking off or maneuvering of aircraft. TO HAVE AND TO HOLD said easement and right -of -way and all rights appertaining thereto unto the Grantee, its successors, and assigns, until said CRP shall be abandoned and shall cease to be used for public airport purposes. It being understood and agreed that the aforesaid covenants and agreements shall run with the land and shall be binding upon the heirs, administrators, executors, successors, assigns of the Grantors until said CRP shall be abandoned and cease to be used for public airport purposes. 2 IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of I sr. , 2012. Jarm /b awn Aycox, Individually and Personal Representative of the Estate of Jeanette S. Burnham, deceased ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF ESCAMBIA § 5+- BE IT REMEMBERED, that on this day of Son K; , 2012, before me the undersigned, a Notary Public in and for the County and State aforesaid, came Jarma Dawn Aycox, Individually and as Personal Representative of the Estate of Jeanette S. Burnham, deceased, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year last above written. AL. AO Notary Pu. is My commission expires J ut.11 901'1 GRANTEE: r��� ••`ae4. MEGAN C. aus • • * YY COMMISSION 4 EE 008089 EXPIRES: July 12, 2014 +'FFoe Baidld Thu Budge! Npbry SNMCM CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Ronald L. Olson, City Manager 3 ATTEST: ARMANDO CHAPA, CITY SECRETARY THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on 2012 by Ronald L. Olson as City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas [Seal] i-J-U APPROVED AS TO LEGAL FORM, THIS 1 DAY OF 2012. By: FOR THE CITY ATTORNEY Lisa Aguilar, Assiut City Attorney CITY LEGAL DEPARTMENT J: \G1NAM \GEN \CC1A.Jarma Aycox.Revised 5- 23 -20I 2.doc 4 LNV, Inc. 801 Navigation Blvd.. Suite 200 Corpus Christi. Texas 78408 Field Note Description for a 14.10 acre tract of land, more or less, out of a called 91.36 acre tract of land known as Tract 2 of the V.M. Donigan 456.80 acre partition as recorded in Volume I, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: Beginning at a point for the southwest corner of said Tract 2, the southeast corner of Tract 3 of said V.M. Donigan 456.80 acre partition, and the north right -of -way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88°- 34' -51" West, 2188.29 feet; Thence North 000- 47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 1120.89 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 626.84 feet to a point for the northeast corner of the tract herein described; Thence South 07 °- 11' -07" West, a distance of 1132.89 feet to a point in the south line of said Tract 2 and the north line of said Texas Mexican Railroad for the southeast corner of the tract herein described; Thence South 88 °- 35' -43" West, along the common line of said Tract 2 and said Texas Mexican Railroad, a distance of 469.61 feet to a point for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 14.10 (614,318.12 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces 1, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the -� day of /1,1‘79/ 2012. racio Oliveira State of Texas License No. 1415 Exhibit "A" ®Z SCALE: 1'=200' rl 0 TRACT 2 91.36 AC. VOLUME 1. PACES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE N0. 320003 VOLUME 501, PACE 228 D.R.H.C.T. TRACT 3 91 .36 AC. VOLUME 1, PAGES 48 ft 49 1.IISCEELANEOUS 1148 RECORDS NUECES COUNTY, TEXAS CLERKS 1111 N0. 320003 VOLUME 501, PAGE 228 DR N.C.T State of Texas County of Nieces Horocio Oliveira, o Registered Professional Land Surveyor, of U1IV Inc., do hereby certify that the foregoing map was prepored from information of record and from o survey mode on the ground under my direction. F fl rl Pt PROP EASEMENT S 07' f 1'07" W 1132.89' ENTERPRISE PETRD/1 PIPELINE N 00'47'34" W 1120.89' I t� _7/-3 PROP EASEMENT This the g _ day of Andy 2012. ceAlLetitt Horocio Oliveira State of Texos License No. 1415 .R.N.C.T. I.R. I.P. f0 B.L ACL ABOVE GROUND LEVEL —pi— PROPERTY UNE —Row— RIGHT Of WAY SECTION UNE 14144414-14144- RLIL ROAD TRACKS —PIPE— UNOERGROUNO PIPEUNE — EAS— EASEMENT UNE UC45 LANE AAP RECORDS, NUECES COUNTY. TEXAS IRON ROD IRON PIN FOUND 811ILIXNG LINE 1 LIGHT LANE POINT OF BEGINNING FD 1' I.P. SW CORNER TRACT 5 91.36 AC. TRACT 1 NOTES • THIS AAP TO ACCOMPANY FIELD NOTE DESCRIPTION • SOURCE OF 8EfRING.TEXAS STATE PLANE TEXAS SOUTH ZONE -4205 -NAD 83 BY GRAPHIC PLOTTING ONLY, MI5 PROPERTY IS IN ZONES 'A1, B & C' ON 41.000 INSURANCE RATE ANP, COMMUNITY PANEL H18ABER 485464 01650, 1E1.IA MAP EFPECT14E DATE OF JULY 18, 1985. PARCEL 3 -• 614,318.12 50. Fr., 14.10 AC, _Pl EXHIBIT OF MAXIMUM PERMITTING BUILDING HEIGHT ABOVE GROUND LEVEL PARCEL NO. 3 AREA=614,31 8. 12 SQ. FT. 14.10 AC. REFERENCES: 91.36 ACRES, TRACT 2 VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228, D.R.N.C.T. 0 _ 200 400 DATE: MAT 2012 LNV engineers I architects contractors rM IwIw,6 DRAWN BY: ORB 0HE0KE5 BY: DO JOB NO 110205 /g AVIGATION AND HAZARD EASEMENT WHEREAS, David Eugene Burnham, hereinafter called the "Grantor," is the owner of an undivided 3.68 acres, more or less, out of the 143.56 acre tract out of Tracts 1 and 2 of the 456.80 V.M. Donigan Partition situated in the City of Corpus Christi, County of Nueces, State of Texas, more particularly described as follows: See Attached Exhibit "A" (Legal Description) hereinafter called "Grantors' property," and outlined on the Attached Exhibit `B" (Plat); NOW THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby grant, bargain, sell, and convey unto the City of Corpus Christi, Texas, hereinafter called the "Grantee," its successors and assigns, for the use and benefit of the public, an easement and right -of -way, appurtenant to Corpus Christi International Airport, hereinafter called "CRP," for the unobstructed use and passage of all types of aircraft (as hereinafter defined), in and through the airspace above Grantors' property above an imaginary plane rising and extending in a generally northerly direction over Grantors' property, said imaginary plane following the Above Ground Level (AGL) contours shown on the plat in attached Exhibit "B ". Said easement shall be appurtenant to and for the benefit of the real property now known as CRP including any additions thereto wherever located, hereafter made by the Grantee or its successors and assigns, guests, and invitees, including any and all persons, firms, or corporations operating aircraft to or from the airport. Said easement and burden, includes the right to cause in all airspace above or in the vicinity of the surface of Grantors' property such noise, vibrations, fumes, deposits of dust or other particulate matter, fuel particles (which are incidental to the normal operation of said aircraft), fear, interference with sleep and communication caused by the operation of aircraft over or in the vicinity of Grantors' property or in landing at or taking off from, or operating at or on said CRP is hereby granted; and Grantors do hereby fully waive, remise, and release any right or cause of action which they may now have or which they may have in the future against the Grantee, its successor and assigns, due to such noise, vibrations, fumes, dust, and fuel particles caused by the operation of aircraft landing at, or taking off from, or operating at or on said CRP. As used herein, the term "aircraft" shall mean any and all types of aircraft, whether now in existence or hereafter manufactured and developed, to include, but not limited to, jet aircraft, propeller driven aircraft, civil aircraft, military aircraft, commercial aircraft, helicopters, and all types of aircraft or vehicles now in existence or hereafter developed, regardless of existing or future noise levels, for the purpose of transporting persons or property through the air, by whoever owned or operated. 1 The easement and right -of -way hereby grants to the Grantee, the continuing right to prevent the erection or growth upon Grantors' property of any building, structure, tree, or other object, extending into the airspace above the aforesaid imaginary plane, and to remove from said airspace, or at the sole option of the Grantee, as an alternative, to mark and light as obstructions to air navigation, any such building, structure, tree, or other objects now upon, or which in the future may be upon Grantors' property, together with the right of ingress to, egress from, and passage over Grantors' property for the above purpose. And for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said avigation easement, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantors' property any structure in the avigation easement, which creates a Runway Protection Zone that is an airport hazard or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, or smoke generating activities; and the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns further agree they will not permit places of public assembly upon Grantors' property, such as, churches, schools, office buildings, shopping centers, restaurants, child care facilities, stadiums, and other incompatible land uses as defined in FAA Advisory Circular AC 150/5300 -13 and all subsequent changes. Said Runway Protection Zone, contained within the avigation easement, is identified in the attached Exhibits "A" and "B ". And for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said avigation easement, drilling rigs or other equipment utilized to transport, explore for or produce oil, gas and other minerals, that breaks the plane following the Above Ground Level as described in Exhibit A shall not be installed or constructed upon Grantors property. AND for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree that for and during the life of said easement and right -of -way, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantors' property any building, structure, tree, or other object extending into the airspace above the aforesaid imaginary plane, and that they shall not hereafter use or permit or suffer the use of Grantors' property in such a manner as to create electrical interference with radio communication between CRP and others, or use or permit the use of Grantors' property in such a manner as to create interference with radar systems or similar aircraft tracking systems used at CRP, or to permit any use of the Grantors' land so as to impair visibility in the vicinity of CRP or as otherwise to endanger the landing, taking off or maneuvering of aircraft. TO HAVE AND TO HOLD said easement and right -of -way and all rights appertaining thereto unto the Grantee, its successors, and assigns, until said CRP shall be abandoned and shall cease to be used for public airport purposes. It being understood and agreed that the aforesaid covenants and agreements shall run with the land and shall be binding upon the heirs, administrators, executors, successors, assigns of the Grantors until said CRP shall be abandoned and cease to be used for public airport purposes. 2 IN WITNESS HEREOF, the Grantor has hereunto set their hands and seals this day of c/ a , 2012. _ David dtene Burnham ACKNOWLEDGEMENT STATE OF MINNESOTA § COUNTY OF RAMSEY § BE IT REMEMBERED, that on this day of WAN , 2012, before me the undersigned, a Notary Public in and for the County and Slate aforesaid, came David Eugene Burnham, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year la above .� I 1 AM La a ► Pub�� My commission expires 1 13 I (12() 1 r GRANTEE: LORENA AGUILAR NOTARY PUBUC - MINNESOTA MY COMMISSION EXPIRES 01/31116 CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Ronald L. Olson, City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY 3 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2012 by Ronald L. Olson as City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas [Seal] APPROVED AS TO LEGAL FORM, THIS 2012. DAY OF FOR THE CITY ATTORNEY By: Lisa Aguil ssistant City Attorney CITY LEGAL DEPARTMENT .I: \GINAM \GEN \CCIA.David Burnham.Revised 5- 23- 2012.doc 4 LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 14.10 acre tract of land, more or less, out of a called 91.36 acre tract of land known as Tract 2 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: Beginning at a point for the southwest corner of said Tract 2, the southeast comer of Tract 3 of said V.M. Donigan 456.80 acre partition, and the north right -of -way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 34' -51" West, 2188.29 feet; Thence North 00 °- 47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 1120.89 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 626.84 feet to a point for the northeast comer of the tract herein described; Thence South 07 °41' -07" West, a distance of 1132.89 feet to a point in the south line of said Tract 2 and the north line of said Texas Mexican Railroad for the southeast corner of the tract herein described; Thence South 88 °- 35' -43" West, along the common line of said Tract 2 and said Texas Mexican Railroad, a distance of 469.61 feet to a point for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 14.10 (614,318.12 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces 1, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the _,� day of /flay 2012. acio 0 vel'ra State of Texas License No. 1415 Exhibit "A" ® SCALE: 1'200' R FL TRACT 2 91.36 AC. VOLUME 1, PACES 48 B 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228 D.R.N.C.T. rt TRACT 3 91.36 AC. VOLUME 1. PACES 48 h 49 MISCELLANEOUS LIAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228 D.R.N,C.T. State of Texas County of Nueces I, Horocio Oliveira, a Registered Professional Land Surveyor, of LW Inc., do hereby certify thot the foregoing mop was prepared from information of record and from a survey mode on the ground under my direction. 0 R R — PL Dl PROP EASEMENT S 07'11'07" R Pl 3 £ 1132.8g, N 00'47'34" W 1120.89' I 1 y3 £ PROP EASEMENT 740 This the 9 doy of Ay 2012. Horocio Oliveiro State of Texas License No. 1415 I.R. I.P. FD B.L. ACL PL- -ROW— tNNOINN1I — PIPE —EAS— MAP RECORDS, NUECES COUNTY, TEXAS IRON ROO IRON PIN FOUND BUILDING UNE ABOVE GROUND LEVEL PROPERTY UNE RICHT OF WAY SECTION UNE RAIL ROAD TRACKS UNDERGROUND PIPEUNE EASEMENT UNE UGHT LANE NOTES I LIGHT LANE POINT OF BEGINNING I I 3 9` ai in na �, n ao m� ba N FD 1" I.P. SW CORNER TRACT 5 91.36 AC. TRACT • THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION • SOURCE OF BEARINCaTEXAS STATE PLANE TEXAS SOUTH ZONE-4205-11AD 83 BY GRAPHIC PLOTTING ONLY, THIS PROPERTY IS IN ZONES ',41, 8 & C' ON FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NUMBER 485464 0165C, FEMA MAP EFFECTIVE DATE OF JULY 18, 1985. • PARCEL 3 •• 614,318.12 SO. FT., 14,10 AC. --- R — EXHIBIT OF MAXIMUM PERMITTING BUILDING HEIGHT ABOVE GROUND LEVEL PARCEL NO. 3 AREA=614,318.12 SQ. FT. 14.10 AC. REFERENCES: 91.36 ACRES, TRACT 2 VOLUME 1, PAGES 48 Sc 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PACE 228, D.R.N.C.T. 0 2 300 400 DATE: MAY 2012 LNV engineers I architects] contractors ;At �rw•w 1wiwlr ,■x41111• ,u DRAWN BY: ORB CHECKED BY: DO JOB NO. 110205 DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division CCIA Runway Extension/Displacement, Parcels 3A, 3B NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Special Warranty Deed THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § That I, James Daniel Walker, 4225 Choctaw Drive SE, Huntsville, Madison County, State of Alabama, 35801 -1015, hereinafter called GRANTOR, is the owner of an undivided 11.04 acres, more or less, out of the 143.56 acre tract out of Tracts 1 and 2 of the 456.80 V.M. Donigan Partition situated in the City of Corpus Christi, County of Nueces, State of Texas, for and in consideration of the sum of Ten Dollars and no cents ($10.00) and other good and valuable consideration to it in hand paid by THE CITY OF CORPUS CHRISTI, a Texas Home Rule municipal corporation, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78403, hereinafter called GRANTEE, the receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, has this day sold, and by these presents does grant, bargain, sell and convey unto the said GRANTEE all my interest to that certain tract or parcel of land lying and being situated in the County of Nueces, State of Texas, more particularly described as follows to -wit: See the metes and bounds property descriptions attached hereto and made a part hereof for all purposes as Exhibits "A" and "C ". Maps showing the location of the acquisitions are attached hereto for all purposes as Exhibits "B" and Special Provisions: (1) The City of Corpus Christi agrees to convey to the Grantors an Access Easement along the access road being acquired by the City from Hopkins Road to the Grantors' west property line. This conveyance will be done once the City acquires full title to the subject right of way. Access along this road will be restricted to non - commercial type vehicles not to exceed 11,000 pounds in gross vehicle weight rating. (2) The City of Corpus Christi will place reinforced concrete paving along a section of this access road on both sides to allow any tenant farmer to cross from the one side to the other with their farming equipment which may exceed the 11,000 pounds in gross vehicle weight rating. If in the future the City fences the access road, gates will be installed at this location to provide access for the farmer to cross the paved road. (3) Keys or combinations will be provided to the Grantors and tenant farmer for J: \GEN\DEEDS \CCIA.James Walker.Revised.doc Page 1 of 4 the gate to be placed at the entrance off of Hopkins Road. (4) The Grantors retain their undivided interest in the mineral rights under the property being conveyed to the City. This conveyance is made and accepted subject to any and all valid and effective encumbrances of record, other than any conveyance of the surface estate, mortgage or lien, affecting the hereinabove described property, including restrictive covenants, easements, rights -of -way, leases, mineral and/or royalty reservations previously reserved to predecessors in title or heretofore transferred or assigned, and /or oil and gas leases; and to zoning and regulatory ordinances outstanding and affecting the hereinabove described property. TO HAVE AND TO HOLD the above described premises herein conveyed, together with all and singular the rights and appurtenances thereto in anywise belonging to the said City of Corpus Christi, its successors and assigns, forever, and Grantors do hereby bind themselves, their successors and assigns, to warrant and forever defend all and singular the said premises herein conveyed against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the exceptions to conveyance and warranty. Grantee further acknowledges and agrees that the conveyance of the property as provided for herein is made on an "AS IS, WHERE IS" condition and basis with all faults. IN WITLESS WHEREOF, the Grantor has hereunto set their hands and seals this day of (01, 7 , 2012. a ?:ri) es DanielfWalker ACKNOWLEDGEMENT STATE OF ALABAMA COUNTY OF MADISON § BE IT REMEMBERED, that on this 711-1 day of , 2012, before me the undersigned, a Notary Public in and for the County and State aforesaid, came James Daniel Walker, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year last above written. Notary Public My commission expires 10 /05 l2.% J: \GEN\DEEDS \CCIA.James Walker.Revised.doc Page 2 of 4 ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas on , 2012. GRANTEE: CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Ronald L. Olson, City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2012 by Ronald L. Olson as City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. [Seal] Notary Public in and for the State of Texas J: \GEN\DEEDS \CCIA.James Walker.Revised.doc Page 3 of 4 APPROVED AS TO LEGAL FORM, THIS /Mk-- M°-- DAY OF By: FOR THE CITY ATTORNEY rf yl,u,r.J � Veronica Ocanas, Assistant City Attorney CITY LEGAL DEPARTMENT J: \GEN\DEEDS \CCIA.James Walker.Revised.doc Page 4 of 4 , 2012. LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 0.68 acre tract of land, more or less, out of a called 91,36 acre tract of land known as Tract 2 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a point for the southwest corner of said Tract 2, the southeast corner of Tract 3 of said V.M. Donigan 456.80 acre partition, and the north right -of -way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 34' -5I" West, 2188.29 feet; Thence North 00 °- 47' -34" Nest, with the common boundary line of said Tract 2 and said Tract 3, a distance of 451.20 feet to a point for the southwest corner of the tract herein described and for the POINT OF BEGINNING; Thence North 00 °- 47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 40.00 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 200.01 feet to a point for an exterior corner of the tract herein described; Thence South 67 °- 35' -46" East, a distance of 136.57 feet to a point for an interior corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 406.98 feet to a point in the east line of said Tract 2 and the west line of Tract 1 of said partition for the northeast corner of the tract herein described; Thence South 00 °- 47' -23" East, with the common boundary line of said Tract 1 and said Tract 2, a distance of 40.00 feet to a point for the southeast corner of the tract herein described; Thence South 88 °- 39' -16" Nest, a distance of 415.00 feet to a point for an exterior corner of the tract herein described; Thence North 67 °- 35' -46" Nest, a distance of 136,57 feet to a point for an interior corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 191.99 feet to a point in the west line of said Tract 2 and the east line of said Tract 3 for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 0.68 (29,742,36 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nucccs I, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from infomiation of record and from a survey made on the ground under my direction, This the '7 __ day ofQi 2012. Ho` Oliveira State of Texas License No. 1415 Exhibit "A" PL PL SCALE: 1'=200' Z 0 O 0 1 > State of Texas County of Nueces I, Noracio Oliveira, a Registered Professionol Land Surveyor, of LNV Inc., do hereby certify thot the foregoing map was prepared from information of record and from o survey mode on the ground under my direction. PL PL TRACT 2 91.36 AC. VOLUME I, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, 1DIAS CLERKS nit NO. 320003 VOLUME 501, PACE 228 D.R,N.C.T. PL PL PL PL TRACT 1 91.36 AC. VOLUME I, PAGES 48 & 49 1.IISCELIANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PACE 228 0.9.N.C. T. TRACT 3 91.36 AC. vOWLOE 1. PACES 48 k 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY. TEXAS CLERKS FILE N0. 320003 VOLUME 501, PAGE 228 DTI N C.T This the y cloy of /%y 2012. Forocio Oliveira Stole of Texas License No. 1415 LEGEND: N.R.N.C.T. I.R. I.P. FO --PL-- --ROW— PL PL S 00'47'23" E 40.00' N 88'39'16" E 406,98' 0.68 ACRES S 57'35'46" E 136.57' N 1 1 E 2 200.0. 01' N 00'47'34" W 40.00' PL 8' AIR LIQUIGE GA51 INE PL S 88'39'16` W 415.00' N 67'35'46" WI 136,57' S 88'39'16" W 191.99' POINT OF BEGINNING _. �. N 00.47.34' 1V 451.2D PL 91 ENTERPRISE PETRO PIPEUNE AAP RECORDS. Nu£CES COUNTY. TEXAS IRON ROD IRON PIN FOUND PROPERTY UNE RIGHT OF WAY SECTION UNE 01111111111 RAIL ROAD TRACKS —PIPE— UNOERGROUND PIPELINE BOUNDARY OF LAND TO BE ACQUIRED -SECTION LINE 0 FD 1' I.P. SW CORNER OF TRACT 91.36 AC. TRACT 5- NOTES' • DRS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION • SOURCE Of BEARING -TEXAS STATE PLANE TEXAS SOUTH ZONE -4205 -NAD 83 • AREA m 29,742.38 SO. FT., 0.6B AC. • THIS SURVEY IS SUBJECT TO ALL ENCUMBRANCES REFERENCED IN THE SCHEDULE B OF THE TALE COMMmAENT /0808000 BY THE erre OF CORPUS CHRISTI (GUARANTY T11LE SERVICES). M eaL a. Exhibit "B" EXHIBIT OF 0.68 AC. 29,742.36 SQ. FT. OUT OF TRACT 2 REFERENCES: 91.36 ACRES, TRACT 2 VOLUME 1, PAGES 48 de 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228, O.R.N.C,T. O 200 300 400 DATE: MAY 2012 LNV engineer 1 architects 1 contractors T11..01 wn W u.r4e, �i••IYri�1•N ru ww LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 0,19 acre tract of land, more or less, out of a called 91.36 acre tract of land known as Tract 1 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a point for the southwest corner of said Tract 1, the southeast corner of a 91.36 acre tract of land known as Tract 2 of said V.M. Donigan 456.80 acre partition and the north right -of -way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 cif said partition bears South 88 °- 35' -04" West, 2920.80; Thence North 00 °- 47' -23" West, with the common boundary line of said Tract 1 and saki Tract 2, a distance of 395.44 feet to a point for the southwest comer of the tract herein described and for the POINT OF BEGINNING; Thence North 00 °- 47' -23" West, with the common boundary line of said Tract 1 and said Tract 2, a distance of 40.00 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 209.81 feet to a point, the Point of Curve of a non - tangent reverse curve to the right, on the west right -of -way line of Hopkins Road (r.o.w. varies), for the northeast corner of the tract herein described; Thence in a general southerly direction, with the arc of circular curve, whose Central Angle is 07 °- 46' -35 ", whose Radius is 312.94 feet, an Arc Distance of 42.47 feet to the Point of Tangency of said curve for a point in said west right -of -way line of Hopkins Road for the southeast corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 196.01 feet to a point in the common boundary line of said Tract 1 and said Tract 2 for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 0.19 (8,096.08 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces I, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the day of ,d -f 2012. Horacio Oliveira State of Texas License No. 1415 Exhibit "C" PL PL SCALE: 1'=200' PL PL TRACT 1 91.36 AC. VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FRE N0. 320003 VOLUME Sol, PAGE 228 DM,N,C.T. PL TRACT 2 91.36 AC. VOLULIE 1, PAGES 48 & 49 MISCELLANEOUS LUP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUTAE 501, PAGE 228 D.R. N.C.T. State of Texas County of Nueces I, Horocio Oliveiro, a Registered Professionol Land Surveyor, of LNV Inc., do hereby certify that the foregoing map was prepared from information of record and from o survey mode on the ground under my direction. This the ?:-4 day of/R 2012. Horocio Oliveiro Stole of Texas License No. 1415 PL PL PL LEGEND: M.R.N.C.T. I.R. I.P. FD —PL -- --9017 PL PL PL UNRECORDED ROAD DESIGN DRAWINGS PROV10ED 05 CRY A=07'46'35" Ra312.94' T=21,27' L '42.47' 0.19 ACRES N 88'39'16" E 209.81' N 00'47'23" W 40.00' PL ROW HOPKINS RD ROW S 88'39'16" W 196.01' POINT OFF BEGINNING N 00'47'23' W 395.44' MAP RECOR05, NUECES COUNTY, TEXAS IRON ROD IRON PIN FOUND PROPERLY IJNE RIG11r 01 WAY SECTION UNE —PPE-- RAIL ROAD TRACKS BOUNDARY OF LAND TO BE ACQUIRED P4 111 PL O FD 1" I.P. SW CORNER OF TRACT 5 91.38 AC. TRACT NOTES. • THIS MAP TO ACCOMPANY FIELO NOTE bESCRIPTION • SOURCE OF BEARING -TEXAS STATE PLANE TEXAS SOUTH ZONE -4205 -NAD 83 • AREA - 8,096.08 S0. FT., 0.19 AC. • THIS SURVEY IS SUBJECT TO ALL ENCUMBRANCES REFERENCED IN THE SCHEDULE B OF NE TITLE COMMITMENT PROVIDED BY THE CITY Of CORPUS CHRISTI (GUARANTY TITLE SERVICES). M a Exhibit "D" EXHIBIT OF 0.19 AC. 8,096.08 SQ. F7. OUT OF TRACT 1 REFERENCES: 91.36 ACRES, TRACT 1 VOLUME 1, PACES 48 & 49 MISCELLANEOUS MAP RECOROS, NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228, D.R.N.C.T. 0 i 200 300 400 DATE: MAY 2012 LNV engineers 'architects I contractors 9 2 DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division CCIA Runway Extension/Displacement, Parcels 3A, 3B NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Special Warranty Deed THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § That I, Mazie P. Walker, the widow of Charles Arthur Walker, 320 Englar Avenue NE, Palm Bay, Brevard County, State of Florida, 32907 -2661, hereinafter called GRANTOR, is the owner of an undivided 11.04 acres, more or less, out of the 143.56 acre tract out of Tracts 1 and 2 of the 456.80 V.M. Donigan Partition situated in the City of Corpus Christi, County of Nueces, State of Texas, for and in consideration of the sum of Ten Dollars and no cents ($10.00) and other good and valuable consideration to it in hand paid by THE CITY OF CORPUS CHRISTI, a Texas Home Rule municipal corporation, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78403, hereinafter called GRANTEE, the receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, has this day sold, and by these presents does grant, bargain, sell and convey unto the said GRANTEE all my interest to that certain tract or parcel of land lying and being situated in the County of Nueces, State of Texas, more particularly described as follows to -wit: See the metes and bounds property descriptions attached hereto and made a part hereof for all purposes as Exhibits "A" and "C ". Maps showing the location of the acquisitions are attached hereto for all purposes as Exhibits "B" and "D ". Special Provisions: (1) The City of Corpus Christi agrees to convey to the Grantors an Access Easement along the access road being acquired by the City from Hopkins Road to the Grantors' west property line. This conveyance will be done once the City acquires full title to the subject right of way. Access along this road will be restricted to non - commercial type vehicles not to exceed 11,000 pounds in gross vehicle weight rating. (2) The City of Corpus Christi will place reinforced concrete paving along a section of this access road on both sides to allow any tenant farmer to cross from the one side to the other with their farming equipment which may exceed the 11,000 pounds in gross vehicle weight rating. If in the future the City fences the access road, gates will be installed at this location to provide access for the farmer to cross the paved road. (3) Keys or combinations will be provided to the Grantors and tenant farmer for the gate to be placed at the entrance off of Hopkins Road. (4) The Grantors retain their undivided interest in the mineral rights under the property being conveyed to the City. J: \GEN\CCIA RUNWAY EXTENSION\CCIA_Revised Deed_Mazie Walker.doc Page 1 of 4 This conveyance is made and accepted subject to any and all valid and effective encumbrances of record, other than any conveyance of the surface estate, mortgage or lien, affecting the hereinabove described property, including restrictive covenants, easements, rights -of -way, leases, mineral and/or royalty reservations previously reserved to predecessors in title or heretofore transferred or assigned, and /or oil and gas leases; and to zoning and regulatory ordinances outstanding and affecting the hereinabove described property. TO HAVE AND TO HOLD the above described premises herein conveyed, together with all and singular the rights and appurtenances thereto in anywise belonging to the said City of Corpus Christi, its successors and assigns, forever, and Grantors do hereby bind themselves, their successors and assigns, to warrant and forever defend all and singular the said premises herein conveyed against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the exceptions to conveyance and warranty. Grantee further acknowledges and agrees that the conveyance of the property as provided for herein is made on an "AS IS, WHERE IS" condition and basis with all faults. IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of .Su,IiIC /0 , 2012. GRANTOR MAZIE P. WALKER at By: . David Walker as Attorney -in -Fact for Mazie P. Walker ACKNOWLEDGEMENT STATE OF FLORIDA § COUNTY OF BREVARD § BE IT REMEMBERED, that on this )v 1`)day of f/ v , 2012, before me the undersigned, a Notary Public in and for the County and State aforesaid, came W. David Walker as Attorney -in -Fact for Mazie P. Walker, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year last above written. Notary Public C AL gulf+ My commission expires ALVIN A. KNIPFER MY COMMISSION # EE95694 EXPIRES: Augt tt 02. 2015 14HM4OTARY R. Nom Discount Moot. Ca. J: \GEN\CCIA RUNWAY EXTENSION \CCIA_Revised Deed_Mazie Walker.doc Page 2 of 4 ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas on , 2012. GRANTEE CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Ronald L. Olson, City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2012 by Ronald L. Olson as City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. [Seal] Notary Public in and for the State of Texas J: \GEN \CCIA RUNWAY EXTENSION \CCIA Revised Deed_Mazie Walker.doc Page 3 of 4 APPROVED AS TO LEGAL FORM, THIS 1 DAY OF FOR THE CITY ATTORNEY r By: f\UV uW` Veronica Ocanas, Assistant City Attorney CITY LEGAL DEPARTMENT J: \GEN\CCIA RUNWAY EXTENSION\CCIA_Revised Deed_Mazie Walkerdoc Page 4 of 4 , 2012. LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 0.68 acre tract of land, more or less, out of a called 91.36 acre tract of land known as Tract 2 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48-49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a point for the southwest corner of said Tract 2, the southeast corner of Tract 3 of said V.M. Donigan 456.80 acre partition, and the north right -of -way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 34' -51" \Vest, 2188.29 feet; Thence North 00 °- 47' -34" \Vest, with the common boundary line of said Tract 2 and said Tract 3, a distance of 451.20 feet to a point for the southwest corner of the tract herein described and for the POINT OF BEGINNING; Thence North 00 °- 47' -34" \Vest, with the common boundary line of said Tract 2 and said Tract 3, a distance of 40.00 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 200.01 feet to a point for an exterior corner of the tract herein described; Thence South 67 °- 35' -46" East, a distance of 136.57 feet to a point For an interior corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 406.98 feet to a point in the east line of said Tract 2 and the west line of Tract 1 of said partition for the northeast corner of the tract herein described; Thence South 00 °- 47' -23" East, with the common boundary line of said Tract 1 and said Tract 2, a distance of 40.00 feet to a point for the southeast corner of the tract herein described; Thence South 88 °- 39' -16" \Vest, a distance of 415.00 feet to a point for an exterior corner of the tract herein described; Thence North 6'7°-35'-46" \Vest, a distance of 13637 feet to a point for an interior corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 191.99 feet to a point in the west line of said Tract 2 and the east line of said Tract 3 for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 0.68 (29,742.36 Square Feet) acres of land. Bearings are based on Texas Stale Plane Zone 4205 NAD 83. State of Texas County ofNucccs 1, Dorado Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from inforniation of record and from a survey made on the ground under my direction. This the TO day of_�C�_ 2012. Horacio Oliveira State of Texas License No. 14I 5 Exhibit "A" PL — PL SCALE: 1"=200' PL PL TRACT 2 91.36 AC. VOLUME 1, PAGES 48 & 49 MISCELUANEOUS MAP RECORDS NUECES COUNTY, TOGS CLERKS FILE NO. 320003 VOLUME 501, PACE 228 State of Texas County of Nuecee I, Horacio Oliveira, o Registered Professional Land Surveyor, of WV Inc., do hereby certify that the foregoing map was prepared from informotion of record and from a survey made on the ground under my direction. PL PL PL TRACT 1 91.36 AC. — VOLUME 1, PAGES 48 6 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE N0. 320003 VOLUI.IE 501, PAGE 228 ORNC 7. TRACT 3 91.36 AC. VOLULIE I, PAGES d8 A: 49 I4ISCELLANEOUS I.UP RECORDS NUECES COUNTY, TEXAS CEERKS FILE N0, 320003 VOLUME 501, PAGE 228 0.8.81.0,1, This the 9 day of NV' 2012. - oracio Oliveira+ State of Texas License No. 1415 LEGEND. M.R.N.0 T. I.R. I.P, FD — PL S 00'47'23" E-� 40.00' l 0.68 ACRES -N./ S 67'35'46" E 136.57' // N 88'39'16" E -`,, 406.98' N 88'39'16" E 200.01' N 00'47'34" W 40.00' PL PL 8' AIR L10UIDE —� GASLINE MAP RECORDS, NUECES COUNTY, YEXIS IRON ROD IRON PIN rouND 41-- PROPERTY UNE —ROW— RIGHT OF WAY SECTION UNE i I I 111111 I f RML ROAD TRACKS —PIPE — UNOERCROUND PIPEUNE BOUNDARY OF LAND TO BE ACQuIREO PL S 88'39'16" W 415.00' N 67'35'46" Y) 136.57' Ir 5 88'39'16' W 191.99' PORN OF BEGINNING N 00'47'31 VI 451.20 r� I SECTION UNE PL RL ENTERPRISE PETRO PIPELINE n — FD 1" I.P. _ SW CORNER OF TRACT 5 1 = 91.36 AC. TRACT NOTES: THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION SOURCE OF REARING=TEXAS STATE PLANE TEXAS SOUTH 20NE-4205-HAD 83 AREA - 29.742.36 SQ. FT., 0.68 AC. THIS SURVEY IS SUBJECT TO ALL ENCUMBRANCES REFERENCED IN THE SCHEDULE B OF THE TITLE COMMrTMENT PROVt0E0 BY THE CITY OF CORPUS CHRISTI (GUARANTY 0111E SERV10ES). Q M 1 L a Exhibit "B" EXHIBIT OF 0.68 AC. 29,742.36 SQ. FT. OUT OF TRACT 2 REFERENCES: 91.36 ACRES, TRACT 2 VOLUME 1, PAGES 48 44 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE N0. 320003 VOLUME 501, PAGE 228, D.R.N.C,T. 0 200 300 400 DATE: MAY 2012 LIN V engineero 1 architects 1 contractors LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi. Texas 78408 Field Note Description for a 0.19 acre tract of land, more or less, out of a called 91.36 acre tract of land known as Tract 1 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a point for the southwest corner of said Tract 1, the southeast corner of a 91.36 acre tract of land known as Tract 2 of said V,M. Donigan 456.80 acre partition and the north right -of -way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 880- 35'-04" West, 2920.80; Thence North 00 °- 47' -23" West, with the common boundary line of said Tract 1 and said Tract 2, a distance of 395.44 feet to a point for the southwest corner of the tract herein described and for the POINT OF BEGINNING; Thence North 00 °- 47' -23" West, with the common boundary line of said Tract 1 and said Tract 2, a distance of 40.00 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 209.81 feet to a point, the Point of Curve of a non - tangent reverse curve to the right, on the west right -of -way line of Hopkins Road (r.o.w. varies), for the northeast corner of the tract herein described; Thence in a general southerly direction, with the arc of circular curve, whose Central Angle is 07 °- 46' -35 ", whose Radius is 312.94 feet, an Arc Distance of 42.47 feet to the Point of Tangency of said curve for a point in said west right -of -way line of Hopkins Road for the southeast corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 196.01 feet to a point in the common boundary line of said Tract 1 and said Tract 2 for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or Tess 0.19 (8,096.08 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces I, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certifyy that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction, This the day of jr%.� 2012. Horacio Oliveira State of Texas License No. 1415 Exhibit "C" PL PL PL SCALE: 1"-200' PL PL — PL - TRACT 1 91.36 AC. VOLUME 1, PACES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501. PAGE 228 D.R.N.C.T. PL TRACT 2 91.36 AC. PL VOLUME 1, PAGES 48 & 49 .IISCELLAHEOUS MAP RECORDS NUECE5 COUNTY, TEXAS CLERKS FILE N0. 320003 VOLUME 501, PAGE 228 D R. N.0 T. State of Texas County of Nuecee I, Horocio Oliveira, o Registered Professional Land Surveyor, of L.NV hlc., do hereby certify that the foregoing map was prepored from information of record and from a survey mode on the ground under my direction. This the / day Of.44!/ 2012. Horacio 0liveiro State of Texos License No. 1415 PL - PL PL Pi PL UNRECORDED ROA0 DESIGN DRAWINGS PROVIDED BY CITY \ q0, 0.19 ACRES\ Aok- LEGEND' M.R.N.C.T. I.R. I.P. PO 801'- -PIPE— N 88'39'16" E� 209.81' N 00'47'23" W 40.00' PL PL t4=07'46'35" R..312.94' T=21.27' L=42.47' PL - R0'11 HOPKINS RD 80,1 S 88'39'16" W 196.01' PORN' OF BEGINNING N 00'47'23' W 395.44' MAP RECORDS, NUECES COUNTY, TEXAS IRON R00 IRON PIN FOUND PROPERTY UNE RIGHT OF WAY SECTION UNE RAIL ROAD TRACKS BOUNDARY OF IAHO TO BE ACQUIRED Pl FD 1' I.P. SW CORNER 01- TRACT 5 91.36 AC. TRACT NOTES • THIS MAP TO ACCOUPAHY FIEL0 140TE DESCRIPTION • SOURCE OF BEARING=TEXAS STATE PLANE TEXAS SOUTH 2041E-420544AD 83 • AREA – 5.096.08 S0. fT., 0.19 AC. • THIS SURVEY IS SUBJECT TO ALL ENCUMBRANCES REFERENCED IN THE SCHEDULE B OF THE TITLE COMMITMENT PROVIDE0 8Y 111E CITY OF CORPUS CHRISTI (GUARANTY TITLE SERVICES). co to Exhibit "D" EXHIBIT OF 0.19 AC. 8,096.08 SQ. F. OUT OF TRACT 1 REFERENCES: 91.36 ACRES, TRACT 1 VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE N0. 320003 VOLUME 50), PAGE 228, D.R.N.C.T. 0 700 30p 400 I L� DATE: MAY 2012 LNV engineers I architects I contractors DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division CCIA Runway Extension /Displacement, Parcels 3A, 3B NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Special Warranty Deed THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § That I, George David Wilson, 320 W. Temple Street, Los Angeles, Los Angeles County, State of California, 90012 -3277, hereinafter called GRANTOR, is the owner of an undivided 11.04 acres, more or less, out of the 143.56 acre tract out of Tracts 1 and 2 of the 456.80 V.M. Donigan Partition situated in the City of Corpus Christi, County of Nueces, State of Texas, for and in consideration of the sum of Ten Dollars and no cents ($10.00) and other good and valuable consideration to it in hand paid by THE CITY OF CORPUS CHRISTI, a Texas Home Rule municipal corporation, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78403, hereinafter called GRANTEE, the receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, has this day sold, and by these presents does grant, bargain, sell and convey unto the said GRANTEE all my interest to that certain tract or parcel of land lying and being situated in the County of Nueces, State of Texas, more particularly described as follows to -wit: See the metes and bounds property descriptions attached hereto and made a part hereof for all purposes as Exhibits "A" and "C ". Maps showing the location of the acquisitions are attached hereto for all purposes as Exhibits "B" and «D» Special Provisions: (1) The City of Corpus Christi agrees to convey to the Grantors an Access Easement along the access road being acquired by the City from Hopkins Road to the Grantors' west property line. This conveyance will be done once the City acquires full title to the subject right of way. Access along this road will be restricted to non - commercial type vehicles not to exceed 11,000 pounds in gross vehicle weight rating. (2) The City of Corpus Christi will place reinforced concrete paving along a section of this access road on both sides to allow any tenant farmer to cross from the one side to the other with their farming equipment which may exceed the 11,000 pounds in gross vehicle weight rating. If in the future the City fences the access road, gates will be installed at this location to provide access for the farmer to cross the paved road. (3) Keys or combinations will be provided to the Grantors and tenant farmer for J: \GEN\DEEDS \CCIA.George Wilson.Revised .doc Page 1 of 4 the gate to be placed at the entrance off of Hopkins Road. (4) The Grantors retain their undivided interest in the mineral rights under the property being conveyed to the City. This conveyance is made and accepted subject to any and all valid and effective encumbrances of record, other than any conveyance of the surface estate, mortgage or lien, affecting the hereinabove described property, including restrictive covenants, easements, rights -of -way, leases, mineral and/or royalty reservations previously reserved to predecessors in title or heretofore transferred or assigned, and/or oil and gas leases; and to zoning and regulatory ordinances outstanding and affecting the hereinabove described property. TO HAVE AND TO HOLD the above described premises herein conveyed, together with all and singular the rights and appurtenances thereto in anywise belonging to the said City of Corpus Christi, its successors and assigns, forever, and Grantors do hereby bind themselves, their successors and assigns, to warrant and forever defend all and singular the said premises herein conveyed against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the exceptions to conveyance and warranty. Grantee further acknowledges and agrees that the conveyance of the property as provided for herein is made on an "AS IS, WHERE IS" condition and basis with all faults. IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this . day of , 2012 By: (signature) Print Name: Print Title: ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES BE IT REMEMBERED, that on this day of , 2012, before me the undersigned, a Notary Public in and for the County and State aforesaid, came , as Deputy Public Conservator on behalf of George David Wilson, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year last above written. Notary Public My commission expires J: \GEN \DEEDS \CCIA.George Wilson.Revised .doc Page 2 of 4 ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas on , 2012. GRANTEE: CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Ronald L. Olson, City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2012 by Ronald L. Olson as City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. [Seal] Notary Public in and for the State of Texas J: \GEN\DEEDS \CCIA.George Wilson.Revised .doc Page 3 of 4 APPROVED AS TO LEGAL FORM, THIS DAY OF , 2012. FOR THE CITY ATTORNEY By: Veronica Ocanas, Assistant City Attorney CITY LEGAL DEPARTMENT .I: \GEN \DEEDS \CCIA.George W ilson.Reviscd .doc Page 4 of 4 LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 0.68 acre tract of land, more or Tess, out of a called 9136 acre tract of land known as Tract 2 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows. COMMENCING at a point for the southwest corner of said Tract 2, the southeast corner of Tract 3 of said V.M. Donigan 456,80 acre partition, and the north right -of -way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 34' -51" West, 2188.29 feet; Thence North 00 °- 47' -34" \Vest, with the common boundary line of said Tract 2 and said Tract 3, a distance of 451.20 feet to a point for the southwest corner of the tract herein described and for the POINT OF BEGINNING; Thence North 00 °- 47' -34" \Vest, with the common boundary line of said Tract 2 and said Tract 3, a distance of 40.00 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 200.01 feet to a point for an exterior corner of the tract herein described; Thence South 67 °- 35' -46" East, a distance of 13637 feet to a point for an interior corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 406.98 feet to a point in the east line of said 'Tract 2 and the west line of Tract 1 of said partition for the northeast corner of the tract herein described; Thence South 00 °- 47' -23" East, with the common boundary line of said Tract 1 and said Tract 2, a distance of 40.00 feet to a point for the southeast corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 415.00 feet to a point for an exterior corner of the tract herein described; Thence North 67 °- 35' -46" West, a distance of 136,57 feet to a point for an interior corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 191.99 feet to a point in the west line of said Tract 2 and the east line of said Tract 3 for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 0.68 (29,742.36 Square Feet) acres of land, Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces I, lioracio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from infomtation of record and from a survey made on the ground under my direction. This the day of � 2012. Ho� Oliveira State of Texas License No. 1415 Exhibit "A" PL PL SCALE: 1 "=200' State of Texas County of Nuecea I, Haracio Oliveira, o Registered Professional Lond Surveyor, of LNV Inc., do hereby certify that the foregoing map was prepared from information of record and from a survey mode on the ground under my direction. PL Pt TRACT 2 91.36 AC. VOLUME 1, PACES 48 k 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS RLE N0. 320003 VOLUME 501, PACE 228 0.8.1.01. PL PL PL PL TRACT 1 91.36 AC. VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILL NO. 320003 VOLUME 501, PACE 228 D14 PLC T. TRACT 3 91 .36 AC. VOLUME 1, PAGES 48 & 49 MISCELLANEOUS I,IAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PACE 228 D.R.N.C.T. This the / day of iy%4y 2012. JJ lL 11-oroci0 Oliveiray State of Texas License No. 1 41 5 LEGEND. IJ.R.N.C.T. I.R. I.P. FD —PL - -ROw- 11111111111 —PIPE— S 00'47'23' E 40.00' 7 N 88'39'16" Ei 406.98' \�f/ /I 0.68 ACRES S 67'35'46" E 136.57' N 88'39'16" E 200.01' N 00'47'34" W 40.00' PL 8' AIR LIDUIDE GASLINE P MAP RECORDS, NUECES COUNTY, TEXAS IRON ROD IRON PIN FOUN0 PROPERTY LINE RIGHT OF WAY SECTION UNE RAIL ROAD TRACKS UNDERGROUND PIPEUNE BOUNDARY OF LAND TO BE ACQUIRED S 88'39'16" 415.00' N 67'35'46" 114 136.57' I S 8639'16" W 191.99' POINT 140 BEGINNING N 00'47'34' VI 451.20 PL FIL w ENTERPRISE PETRO PIPE ONE FD 1" 1.P. SW CORNER OF TRACT 91.16 AC. TRACT -SECTIO NOTES: • NIS IMP TO ACCOMPANY FIELD NOTE DESCRIPTION SOURCE OF BEARING -TEXAS STATE PLANE TEXAS SOUTH 2014E-4205-14AD 83 • AREA m 29,742.36 S0. R-, 0.68 AC. • THIS SURSEY 15 SUBJECT TO ALL ENCUMBRANCES REFERENCED IN THE SCHEDULE B OF THE TITLE COMMITMENT PROL4DED 8Y THE CRY OF CORPUS CHRISTI (GUARANTY TALE SERVICES). CO X W EXHIBIT OF 0.68 AC. 29,742.36 SQ. FT. OUT OF TRACT 2 REFERENCES: 91.36 ACRES, TRACT 2 VOLUME 1, PAGES 48 At 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228, D.R.N.C,T. 0 200 300 400 DATE: MAY 2012 LNV engineers 1 architects 1 contractors regi.IFTirsa. tMi --4•. LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 0.19 acre tract of land, more or less, out of a called 91.36 acre tract of land known as Tract 1 of the V.M. Donigan 456.80 acre partition as recorded hi Volume 1, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a point for the southwest corner of said Tract 1, the southeast corner of a 91.36 acre tract of land known as Tract 2 of said V.M. Donigan 456.80 acre partition and the north right -of -way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 35' -04" West, 2920.80; Thence North 000- 47' -23" West, with the common boundary line of said Tract 1 and said Tract 2, a distance of 395.44 feet to a point for the southwest corner of the tract herein described and for the POINT OF BEGINNING; Thence North 00 °- 47' -23" West, with the common boundary line of said Tract 1 and said Tract 2, a distance of 40.00 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 209.81 feet to a point, the Point of' Curve of a non - tangent reverse curve to the right, on the west right -of -way line of Hopkins Road (r.o.w. varies), for the northeast corner of the tract herein described; Thence in a general southerly direction, with the arc of circular curve, whose Central Angle is 07 °- 46' -35 ", whose Radius is 312.94 feet, an Arc Distance of 42.47 feet to the Point of Tangency of said curve for a point in said west right -of -way line of Hopkins Road for the southeast corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 196.01 feet to a point in the conunon boundary line of said Tract 1 and said Tract 2 for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 0.19 (8,096.08 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State o f Texas County of Nueces I, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the day of jVc .c/ 2012. Horacio Oliveira State of Texas License No. 1415 Exhibit "C" PL PL SCALE: 1"=200' Pl PL PL TRACT 1 91,36 AC. VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE N0. 320003 VOLUME 501, PAGE 228 o.R.N.c.T. Pl TRACT 2 91 .36 AC. VOLUME 1, PAGES 48 & 49 M15CELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE N0. 320003 VOLUME 501, PAGE 228 D.R.N.C.T. State of Texas County of Nuecee I, Horocio Oliveira, o Registered Professional Land Surveyor, of LNV Inc., do hereby certify that the foregoing map was prepored from information of record and from a survey mode on the ground under my direction. This the / day of/54 S,' 2012. Horocio Oliveira State of Texos License No. 1415 Pl Pl PL LEGEND' M.R.N.C.T. I.R. I.P. FD PL--- -1300 L-- -R00 Pl Pl UNRECOROED ROAD OESIGN DRAWINGS PROV1010 BY CRY PL A=07'46'35" R..312.94' T=21.27' L=42.47' 0.19 ACRES N 88'39'16" E 209.81' N 00'47'23" W 40.00' Pl Pl MAP RECORDS, NUECES COUNTY, TEXAS IRON ROD IRON PIN FOUND PROPERTY UNE RIGHT OF WAY SECTION UNE —PIPE-- RAIL ROAD TRACKS BOUNDARY OF LAND TO 8E ACQUIRED RO'rr HOPKINS RD RO'7l S 88'39'16" W 196.01' POINT OF BEGINNING N 00'47'23' PI 395.44' PL P P` O z U 3 i FD 1' I.P. SO CORNER OF TRACT 5 91.36 AC. TRACT NO1ES• • THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION • SOURCE OF BEARING=TEXAS STATE PIANS TEXAS SOUTH ZONE -4205 -NAD 83 AREA - 8.096.08 SO. FT., 0.19 AC. THIS SURVEY IS SUBJECT TO ALL ENCUMBRANCES REFERENCED IN THE SCHEDULE 8 OF THE TITLE COMMITMENT PROVIDED BY THE CITY OF CORPUS CHRISTI (GUARANTY TITLE SERVICES). Exhibit "D" EXHIBIT OF 0.19 AC. 8,096.08 SQ. FT. OUT OF TRACT 1 REFERENCES: 91.36 ACRES, TRACT 1 VOLUME 1, PAGES 48 ac 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228, D.R.N.C.T. 0 200 300 400 DATE: MAY 2012 LNV engineers 1 architects 1 contractors ID DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division CCIA Runway Extension /Displacement, Parcels 3A, 3B NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Special Warranty Deed THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § That I, Starla Leigh Burnham, Individually and as Personal Representative of the Estate of Jeanette S. Burnham, deceased, 705 11th Avenue NE, Jacksonville, Calhoun County, State of Alabama, 36265, hereinafter called GRANTOR, is the owner of an undivided 3.68 acres, more or less, out of the 143.56 acre tract out of Tracts 1 and 2 of the 456.80 V.M. Donigan Partition situated in the City of Corpus Christi, County of Nueces, State of Texas, for and in consideration of the sum of Ten Dollars and no cents ($10.00) and other good and valuable consideration to it in hand paid by THE CITY OF CORPUS CHRISTI, a Texas Home Rule municipal corporation, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78403, hereinafter called GRANTEE, the receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, has this day sold, and by these presents does grant, bargain, sell and convey unto the said GRANTEE all my interest to that certain tract or parcel of land lying and being situated in the County of Nueces, State of Texas, more particularly described as follows to -wit: See the metes and bounds property descriptions attached hereto and made a part hereof for all purposes as Exhibits "A" and "C ". Maps showing the location of the acquisitions are attached hereto for all purposes as Exhibits "B" and «D„ Special Provisions: (1) The City of Corpus Christi agrees to convey to the Grantors an Access Easement along the access road being acquired by the City from Hopkins Road to the Grantors' west property line. This conveyance will be done once the City acquires full title to the subject right of way. Access along this road will be restricted to non - commercial type vehicles not to exceed 11,000 pounds in gross vehicle weight rating. (2) The City of Corpus Christi will place reinforced concrete paving along a section of this access road on both sides to allow any tenant farmer to cross from the one side to the other with their farming equipment which may exceed the 11,000 pounds in gross vehicle weight rating. If in the future the City fences the access road, gates will be installed at this location to provide access for the farmer to cross the paved J: \GEN\DEEDS \CCJA.Starla Burnham.Revised.doc Page 1 of 4 road. (3) Keys or combinations will be provided to the Grantors and tenant farmer for the gate to be placed at the entrance off of Hopkins Road. (4) The Grantors retain their undivided interest in the mineral rights under the property being conveyed to the City. This conveyance is made and accepted subject to any and all valid and effective encumbrances of record, other than any conveyance of the surface estate, mortgage or lien, affecting the hereinabove described property, including restrictive covenants, easements, rights -of -way, leases, mineral and/or royalty reservations previously reserved to predecessors in title or heretofore transferred or assigned, and/or oil and gas leases; and to zoning and regulatory ordinances outstanding and affecting the hereinabove described property. TO HAVE AND TO HOLD the above described premises herein conveyed, together with all and singular the rights and appurtenances thereto in anywise belonging to the said City of Corpus Christi, its successors and assigns, forever, and Grantors do hereby bind themselves, their successors and assigns, to warrant and forever defend all and singular the said premises herein conveyed against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the exceptions to conveyance and warranty. Grantee further acknowledges and agrees that the conveyance of the property as provided for herein is made on an "AS IS, WHERE IS" condition and basis with all faults. IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of , 2012. Starla Leigh Burnham, Individually and as Personal Representative of the Estate of Jeanette S. Burnham, deceased ACKNOWLEDGEMENT STATE OF ALABAMA § COUNTY OF CALHOUN § BE IT REMEMBERED, that on this day of , 2012, before me the undersigned, a Notary Public in and for the County and State aforesaid, came Starla Leigh Burnham, Individually and as Personal Representative of the Estate of Jeanette S. Burnham, deceased, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year last above written. Notary Public My commission expires J:\GEN \DEEDS \CCIA.Starla Burnham.Revised.doc Page 2 of 4 ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas on , 2012. GRANTEE: CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall. 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Ronald L. Olson, City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2012 by Ronald L. Olson as City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. [Seal] Notary Public in and for the State of Texas J: \GEMDEEDS \CCIA.Starla Bumham.Revised.doc Page 3 of 4 APPROVED AS TO LEGAL FORM, THIS DAY OF , 2012. FOR THE CITY ATTORNEY By: Veronica Ocafias, Assistant City Attorney CITY LEGAL DEPARTMENT J: \GEN\DEEDS \CCIA.Starla Burnham.Revised.doc Page 4 of 4 LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 0.68 acre tract of land, more or Tess, out of a called 91.36 acre tract of land known as Tract 2 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48.49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a point for the southwest corner of said Tract 2, the southeast corner of Tract 3 of said V.M. Donigan 456,80 acre partition, and the north right -of -way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 34' -51" West, 2188.29 feet; Thence North 000- 47'-34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 451,20 feet to a point for the southwest comer of the tract herein described and for the POINT OF BEGINNING; Thence North 00 °- 47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 40.00 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 200.01 feet to a point for an exterior corner of the tract herein described; Thence South 67 °- 35' -46" East, a distance of 136.57 feet to a point for an interior corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 406.98 feet to a point in the east line of said Tract 2 and the west line of Tract 1 of said partition for the northeast corner of the tract herein described; Thence South 00 °- 47' -23" East, with the common boundary line of' said Tract 1 and said Tract 2, a distance of 40.00 feet to a point for the southeast corner of the tract herein described; Thence South 88 °- 39' -16" Nest, a distance of 415.00 feet to a point for an exterior corner of the tract herein described; Thence North 67 °- 35' -46" \Vest, a distance of 136.57 feet to a point for an interior corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 19199 feet to a point in the west line of said Tract 2 and the east line of said Tract 3 for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 0.68 (29,742.36 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 MAD 83. State of Texas County of Nueces 1, Haraclo Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from infomiation of record and from a survey made on the ground under my direction. This the T/ day of 2012. , Hondo Oliveira State of Texas License No. 1415 Exhibit "A" PL PL SCALE: 1"=200' PL PL TRACT 2 91.36 AC. VOLUME 1, PAGES 48 & 49 MISCELLANEOUS IMP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228 D.R.N.C.T. State of Texas County of Nueces !, Horocio Oliveiro, o Registered Professionol Land Surveyor, of LNV Inc., do hereby certify that the foregoing mop was prepared from informotion of record and from o survey mode on the ground under my direction. PL PL PL TRACT 1 91.36 AC. VOLUME 1, PAGES dB & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228 0.R.N.C.T. TRACT 3 91.36 AC. VOLUME I, PAGES 48 & 49 IAISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228 D.R.N.C.T. This the 91A cloy of /VIP* 2012. orocio Oliveira' Stole of Texas License No. 1415 PL -- -900 RIGHT OF WAY - — - SECTION UNE ++'111111111 RAIL ROAD TRACKS —PIPEUNDERGROUND PIPELINE BOUNDARY OF LANG TO BE ACOUIREO PL PL S 00'47'23" E 40.00' N 88'39'16" E 406.98' 0.68 ACRES S 67'35'46" 136.57' N 88'39'16" E 200.01' N 00'47'34" W 40.00' PL 8' AIR LIOUIDF GASLINE MAP RECORDS, NUECES COUNTY. TETAS IRON ROD IRON Pk! FOUND PROPERTY UNE PL P11 S 88'39'16" 415.00' N 67'3546" Y� 136.57' 5 88'39'16" W 191.99' W POINT OF BEOINNUp 00'47'34' 51 451.20 PL RL - ENTERPRISE PETRO \\ PIPEUNE � I rc -SECTION LINE FD I" I.P. 51'I CORNER OF TRACT 5� 91.36 AC. TRACT NOTES; THIS MAP TO ACCOMPANY ciao NOTE DESCRIPTION • SOURCE OF BEARING -TEXAS STATE PLANE TEXAS SOUTH ZONE -4205 -HAD B3 • AREA " 29,742.36 SO. FT., 0.66 AC. • THIS SURVEY 15 SUBJECT 10 ALL ENCUMBRANCES REFERENCED IN THE SCHEDULE B OF THE TITLE COMMITMENT PROVIDED BY THE CRY OF CORPUS CHRISTI (GUARANTY TITLE SERVICES). K Exhibit "B" EXHIBIT OF 0.68 AC. 29,742.36 SQ. FT. OUT OF TRACT 2 REFERENCES: 91.36 ACRES, TRACT 2 VOLUME 1, PAGES 48 do 49 MISCELLANEOUS MAP RECOROS, NUECES COUNTY, TEXAS CLERKS FILE 140. 320003 VOLUME 501, PAGE 228, D.R.N.C,T, 0 200 = 400 L_ DATE: MAY 2012 LNV engineers I architects I contractors IM II�Ma R' ass IN LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 0.19 are tract of land, more or less, out of a called 9L36 are tract of land known as Tract 1 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a point for the southwest corner of said Tract 1, the southeast corner of a 91.36 acre tract of land known as Tract 2 of said V.M_ Donigan 456,80 acre partition and the north right -of -way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 35' -04" West, 2920.80; Thence North 00 °- 47' -23" West, with the common boundary line of said Tract 1 and said Tract 2, a distance of 395.44 feet to a point for the southwest corner of the tract herein described and for the POINT OF BEGINNING; Thence Nortlt 00 °- 47' -23" West, with the common boundary line of said Tract 1 and said Tract 2, a distance of 40.00 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" Enst, a distance of 209.81 feet to a point, the Point of Curve of a non - tangent reverse curve to the right, on the west right - of-way line of Hopkins Road (r.o.w. varies), for the northeast corner of the tract herein described; Thence in a general southerly direction, with the arc of circular curve, whose Central Angle is 07 °- 46' -35 ", whose Radius is 312.94 feet, an Arc Distance of 42.47 feet to the Point of Tangency of said curve for a point in said west right -of -way line of Hopkins Road for the southeast corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 196.01 feet to a point in the common boundary line of said Tract t and said Tract 2 for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or Tess 0.19 (8,096.08 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces 1, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the day of ,4.2'y 2012. Horacio Oliveira State of Texas License No. 1415 Exhibit "C" PL PL PL SCALE: 1•=200' P1 PL Pt TRACT 1 91.36 AC. VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS HUECES COUNTY, TEXAS CLERKS FRE NO. 320003 VOLUME 501, PAGE 228 D.R.N.C.T. L PL TRACT 2 91.36 AC. VOLUUE 1, PAGES 48 & 49 MISCELLANEOUS LIAP RECORDS NUECES COUNTY, 1E%A5 CLERKS FILE N0. 320003 VOLUME 501, PAGE 228 Pt State of Texas County of Nueces Horocio Oliveira, a Registered Professional Land Surveyor, of LNV Inc.. do hereby certify thot the foregoing map was prepared from information of record and from a survey mode on the ground under my direction, This the ?#.1-f doy ot4f4 y 2012. Horocio Oliveira Stote of Texas License No. 1415 Pt PL LEGEND M.R.N.C.T. I.R. I.P. FD P1. \4 Pt Pi UNRECORDED ROAD DESIGN DRAWINGS PROVIDED DY CITY A=07'46'35" R=312.94' T=21.27' L=42.47' 0.19 ACRES N 88'39'16" E 209.81' N 00'47'23" W 40.00' Pt MAP RECORDS, NUECES COUNTY, TEXAS IRON ROD IRON PIN FOUND PL PROPERTY UNE 800— RIGHT OF WAY SECTION UNE RAIL ROAD TRACKS BOUNDARY OF LA140 TO 8E ACQUIRED —PIPE— PL 800 HOPKINS RD 805 S 88'39'16" W 196,01' POINT OF BEGINNING 14 00'47'23• 395.44' Pt 5 PI, FD I" I.P. SW CORNER OF TRAC1 5 91.36 AC. TRACT NOTES' • THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION • SOURCE OF BEARING.TEXAS STATE PLANE TEXAS SOUTH ZONE-420541AD 83 • AREA - 8,096.08 SQ. FT., 0.19 AC. • 7141S SURVEY IS SUBJECT TO ALL ENCUMBRANCES REFERENCED IN THE SCHEDULE B OF THE TITLE COMMITMENT PROVIDED BY THE CITY OF CORPUS CHRISTI (GUARANTY TITLE SERVICES). W m a Exhibit "D" EXHIBIT OF 0.19 AC. 8,096.08 SQ. F. OUT OF TRACT 1 REFERENCES: 91.36 ACRES, TRACT 1 VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228, D.R.N.C.T. 0 2Q0 300 400 I�r� DATE: MAY 2012 LNV englneers I architects I contractors //. DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division CCIA Runway Extension/Displacement, Parcels 3A, 3B NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Special Warranty Deed THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § That I, William Taylor Laughlin, 552 Wilhelm Place NE, Concord, Cabarrus County, State of North Carolina, 28025 -2530, hereinafter called GRANTOR, is the owner of an undivided 11.04 acres, more or less, out of the 143.56 acre tract out of Tracts 1 and 2 of the 456.80 V.M. Donigan Partition situated in the City of Corpus Christi, County of Nueces, State of Texas, for and in consideration of the sum of Ten Dollars and no cents ($10.00) and other good and valuable consideration to it in hand paid by THE CITY OF CORPUS CHRISTI, a Texas Home Rule municipal corporation, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78403, hereinafter called GRANTEE, the receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, has this day sold, and by these presents does grant, bargain, sell and convey unto the said GRANTEE all my interest to that certain tract or parcel of land lying and being situated in the County of Nueces, State of Texas, more particularly described as follows to -wit: See the metes and bounds property descriptions attached hereto and made a part hereof for all purposes as Exhibits "A" and "C ". Maps showing the location of the acquisitions are attached hereto for all purposes as Exhibits "B" and «D„ Special Provisions: (1) The City of Corpus Christi agrees to convey to the Grantors an Access Easement along the access road being acquired by the City from Hopkins Road to the Grantors' west property line. This conveyance will be done once the City acquires full title to the subject right of way. Access along this road will be restricted to non - commercial type vehicles not to exceed 11,000 pounds in gross vehicle weight rating. (2) The City of Corpus Christi will place reinforced concrete paving along a section of this access road on both sides to allow any tenant farmer to cross from the one side to the other with their farming equipment which may exceed the 11,000 pounds in gross vehicle weight rating. If in the future the City fences the access road, gates will be installed at this location to provide access for the farmer to cross the paved road. (3) Keys or combinations will be provided to the Grantors and tenant farmer for J: \GEN\DEEDS \CCL4. William Laughlin.Revised.doc Page 1 of 4 the gate to be placed at the entrance off of Hopkins Road. (4) The Grantors retain their undivided interest in the mineral rights under the property being conveyed to the City. This conveyance is made and accepted subject to any and all valid and effective encumbrances of record, other than any conveyance of the surface estate, mortgage or lien, affecting the hereinabove described property, including restrictive covenants, easements, rights -of -way, leases, mineral and/or royalty reservations previously reserved to predecessors in title or heretofore transferred or assigned, and/or oil and gas leases; and to zoning and regulatory ordinances outstanding and affecting the hereinabove described property. TO HAVE AND TO HOLD the above described premises herein conveyed, together with all and singular the rights and appurtenances thereto in anywise belonging to the said City of Corpus Christi, its successors and assigns, forever, and Grantors do hereby bind themselves, their successors and assigns, to warrant and forever defend all and singular the said premises herein conveyed against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the exceptions to conveyance and warranty. Grantee further acknowledges and agrees that the conveyance of the property as provided for herein is made on an "AS IS, WHERE IS" condition and basis with all faults. IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of , 2012. William Taylor Laughlin ACKNOWLEDGEMENT STATE OF NORTH CAROLINA § COUNTY OF CABARRUS § BE IT REMEMBERED, that on this day of , 2012, before me the undersigned, a Notary Public in and for the County and State aforesaid, came William Taylor Laughlin, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year last above written. Notary Public My commission expires J: \GEN\DEEDS \CCIA. William Laughlin.Revised.doc Page 2 of 4 ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas on , 2012. GRANTEE: CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Ronald L. Olson, City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on , 2012 by Ronald L. Olson as City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. [Seal] Notary Public in and for the State of Texas J: \GEN\DEEDS \CCIA.William Laughlin.Revised.doc Page 3 of 4 APPROVED AS TO LEGAL FORM, THIS DAY OF , 2012. FOR THE CITY ATTORNEY By: Veronica Ocanas, Assistant City Attorney CITY LEGAL DEPARTMENT J: \GEN\DEEDS \CCIA.William Laughlin.Revised.doc Page 4 of 4 LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 0.68 acre tract of land, more or less, out of a called 91.36 acre tract of land known as Tract 2 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a point for the southwest corner of said Tract 2, the southeast corner of Tract 3 of said V.M. Donigan 456.80 acre partition, and the north right -of -way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 34' -5I" West, 2188.29 feet; Thence North 00 °- 47' -34" \Vest, with the common boundary line of said Tract 2 and said Tract 3, a distance of 451.20 feel to a point for the southwest corner of the tract herein described and for the POINT OF BEGINNING; Thence North 00 °- 47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 40.00 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 200.01 feet to a point for an exterior corner of the tract herein described; Thence Sonth 67 °- 35' -46" East, a distance of 136.57 feet to a point for an interior corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 406.98 feet to a point in the east line of said Tract 2 and the west line of Tract 1 of said partition for the northeast corner of the tract herein described; Thence South 00 °- 47' -23" East, with the common boundary line of said Tract 1 and said Tract 2, a distance of 40.00 feet to a point for the southeast corner of the tract herein described; Thence South 88 °- 39' -16" west, a distance of 415.00 feet to a point for an exterior corner of the tract herein described; Thence North 67 °- 35' -46" West, a distance of 136.57 feet to a point for an interior corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 191.99 feet to a point in the west line of said Tract 2 and the east line of said Tract 3 for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 0.68 (29,742.36 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nucccs 1, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the day of 2012. Hondo Oliveira State of Texas License No, 1415 Exhibit "A" PL PL SCALE: 1"=200' PL PL TRACT 2 91.36 AC. VOLUME I, PAGES 48 & 49 MISCELLANEOUS ANP RECORDS NUECES COUNTY, TEXAS CLERKS FILE N0. 320003 VOLUME 501, PACE 228 O.R.N.C.T. State of Texas County of Nuecee I, Floracio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., do hereby certify that the foregoing map was prepored from information of record and from o survey mode on the ground under my direction. PL PL TRACT 3 91 .36 AC. PL TRACT 1 91.36 AC. VOLUME 1, PAGES 48 G 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PACE 2213 O.R.N.C.1. VOLUME t, PAGES 48 h 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE N0. 320003 VOLUUF 501. PAGE 228 D.R N.C.T. This the / doy of ,6%4y 2012. Foracio Oliveira— State liveira.. State of Texos License No. 1415 1FGFND• M.R.N.C.T. I.R. I.P. PL PL S 00'47'23" E 40.00' N 88'39'16" E 406.98' 0.68 ACRES S 67'35'46" E 136.57' N 88'39'16" E 200,01' N 00'47'34" W 40.00' PL PL Pt, S 88'39'16" 415.00' N 67'35'46" 1M 136.57' S 88'39'16" W 191.99' W POINT OF BEGINNING _ N 00'47'39' 1'! 451.20 PL 9L - ENTERPRISE PETRO PIPELINE 8' AIR 1101JIOE GASUNE MAP RECORDS, NUECES COUNTY. TEXAS IRON ROD IRON PW FD FOUND PL-- PROPERTY UNE —9019— RIGHT OF WAY SECTION URE it111111111 RAIL ROAD TRACKS — PIPE — UNDERGROUND PIPELINE BOUNDARY OF LAID TO 8E ACQUIRED NOTES: 0 -SECTION LINE FD 1' I.P. SW/ CORNER OF TRACT 5 91.35 AC. TRACT • THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION • SOURCE OF BEARING. -TEXAS STATE PLANE TEXAS SOUTH ZONE -4205 -TAD 83 • AREA •• 29,742.30 SO. FT., 0,68 AC. • NIS SURVEY 1S SUBJECT TO ALL ENCUMBRANCES REFERENCED IN THE SCHEDULE B OF THE TITLE COMMDMENT PRO90E0 BY THE CITY OF CORPUS CHRISTI (GUARANTY TITLE SERVICES). Exhibit "B" EXHIBIT OF 0.68 AC. 29,742.36 SQ. FT. OUT OF TRACT 2 REFERENCES: 91.36 ACRES, TRACT 2 VOLUME 1, PAGES 48 do 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228, D.R.N,C,T. 0 200 300 400 GATE: MAY 2012 LNV engineers 1 architects 1 contractors 1w1ydN11 M MM LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 0.19 acre tract of land, more or less, out of a called 91.36 acre tract of land known as Tract I of the V.M. Donigan 456.80 acre partition as recorded in Volume I, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a point for the southwest corner of said Tract 1, the southeast corner of a 91.36 acre tract of land known as Tract 2 of said V,M. Donigan 456.80 acre partition and the north right -of -way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 35' -04" West, 2920.80; Thence North 00 °- 47' -23" West, with the common boundary line of said Tract 1 and said Tract 2, a distance of 395.44 feet to a point for the southwest comer of the tract herein described and for the POINT OF BEGINNING; Thence North 00 °- 47' -23" West, with the common boundary line of said Tract 1 and said Tract 2, a distance of 40.00 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 209.81 feet to a point, the Point of Curve of a non - tangent reverse curve to the right, on the west right -of -way line of Hopkins Road (r.o.w. varies), for the northeast corner of the tract herein described; Thence in a general southerly direction, with the are of circular curve, whose Central Angle is 07 °- 46' -35", whose Radius is 312.94 feet, an Arc Distance of 42.47 feet to the Point of Tangency of said curve for a point in said west right -of -way line of Hopkins Road for the southeast corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 196.01 feet to a point in the common boundary line of said Tract 1 and said Tract 2 for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 0.19 (8,096.08 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces 1, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the 7 day of JVdry 2012. Hornet() Olivetra State of Texas License No. 1415 Exhibit "C" PL Z SCALE: 1"--=.200' FL PL PC TRACT 1 91.36 AC. VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FRE 140. 320003 VOLUME 501. PAGE 228 D.R.N.C.T. PL TRACT 2 91 .36 AC. PL VOLUI.LE 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228 O. R. N.C.T. State of Texas County of Nueces I, Horocio Oliveira, a Registered Professionol Land Surveyor, of LNV Inc., do hereby certify thot the foregoing map was prepared from information of record and from a survey made on the ground under my direction. This the 711 doy of 4 i (/ 2012. Horocio Oliveira Slate of Texos License No. 1415 PL LEGEND. M.R.N.C.T. I.R. I.P. FD —PL -- PL PL PC UNRECORDED ROAD DESIGN DRAWINGS PRONGED DY CITY 0.19 ACRES —PIPE— N 88'39' 16" E 209.81' 8=07'46'35" R=312.94' T=21.27' L=42.47' ROW HOPKINS RD ROW S 88'39'16" W 196.01' -PONT OF BEGINNING N 00'47'23' W 395.44' N 00'47'23" W 40.00' PL PL MAP RECOROS, NUECES COUNTY, TEXAS IRON ROD IRON PIN FOUNO PROPERTY UNE RIGHT OF WAY SECTION UNE RAL ROAD TRACKS BOUNDARY OF LAND 10 BE ACQUIRED P4 PL FO 1' I.P. SW CORNER OF TRACT 5 91.36 AC. TRACT NOTES• • THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION • SOURCE OF BEARING.,TEXAS STATE PLANE TEXAS SOUTH ZONE -4205 -NAD 83 • AREA - 8.096.08 SO. FT., 0.19 AC. THIS SURVEY IS SUBJECT To ALL ENCUMBRANCES REFERENCED IN THE SCHEDULE B OF THE TIRE COMMITMENT PROVIDED BY THE CITY OF CORPUS CHRISTI (GUARANTY TRLE SERVICES). Exhibit "D" EXHIBIT OF 0.19 AC. 8,096.08 SQ. FT. OUT OF TRACT 1 REFERENCES: 91.36 ACRES, TRACT 1 VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228, D.R.N.C.T. 0200 300 400 DATE: MAY 2012 LNV engineers architects 1 contractors nwwr=rapt- DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division CCIA Runway Extension /Displacement, Parcels 3A, 3B NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Special Warranty Deed THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § That I, Mary Frances Wilson Burson, 19731 Seashore Circle, Huntington Beach, Orange County, State of California, 92648 -3037, hereinafter called GRANTOR, is the owner of an undivided 11.04 acres, more or less, out of the 143.56 acre tract out of Tracts 1 and 2 of the 456.80 V.M. Donigan Partition situated in the City of Corpus Christi, County of Nueces, State of Texas, for and in consideration of the sum of Ten Dollars and no cents ($10.00) and other good and valuable consideration to it in hand paid by THE CITY OF CORPUS CHRISTI, a Texas Home Rule municipal corporation, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78403, hereinafter called GRANTEE, the receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, has this day sold, and by these presents does grant, bargain, sell and convey unto the said GRANTEE all my interest to that certain tract or parcel of land lying and being situated in the County of Nueces, State of Texas, more particularly described as follows to -wit: See the metes and bounds property descriptions attached hereto and made a part hereof for all purposes as Exhibits "A" and "C ". Maps showing the location of the acquisitions are attached hereto for all purposes as Exhibits "B" and Special Provisions: (1) The City of Corpus Christi agrees to convey to the Grantors an Access Easement along the access road being acquired by the City from Hopkins Road to the Grantors' west property line. This conveyance will be done once the City acquires full title to the subject right of way. Access along this road will be restricted to non - commercial type vehicles not to exceed 11,000 pounds in gross vehicle weight rating. (2) The City of Corpus Christi will place reinforced concrete paving along a section of this access road on both sides to allow any tenant farmer to cross from the one side to the other with their farming equipment which may exceed the 11,000 pounds in gross vehicle weight rating. If in the future the City fences the access road, gates will be installed at this location to provide access for the farmer to cross the paved road. (3) Keys or combinations will be provided to the Grantors and tenant farmer for J: \GEN\DEEDS \CCIA.Mary Frances Burson.Revised.doc Page I of 4 the gate to be placed at the entrance off of Hopkins Road. (4) The Grantors retain their undivided interest in the mineral rights under the property being conveyed to the City. This conveyance is made and accepted subject to any and all valid and effective encumbrances of record, other than any conveyance of the surface estate, mortgage or lien, affecting the hereinabove described property, including restrictive covenants, easements, rights -of -way, leases, mineral and/or royalty reservations previously reserved to predecessors in title or heretofore transferred or assigned, and/or oil and gas leases; and to zoning and regulatory ordinances outstanding and affecting the hereinabove described property. TO HAVE AND TO HOLD the above described premises herein conveyed, together with all and singular the rights and appurtenances thereto in anywise belonging to the said City of Corpus Christi, its successors and assigns, forever, and Grantors do hereby bind themselves, their successors and assigns, to warrant and forever defend all and singular the said premises herein conveyed against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the exceptions to conveyance and warranty. Grantee further acknowledges and agrees that the conveyance of the property as provided for herein is made on an "AS IS, WHERE IS" condition and basis with all faults. IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of ,2012. ' ,a"JJlcw'c_70'r101(Nt V't-✓ Mary Frances Wilson Burson ACKNOWLEDGEMENT STATE OF CALIFORNIA § COUNTY OF ORANGE § R TA L. SPIRA COMM. #1907780 NOTARY PUa.IC • CALIFORNIA ORANGE COUNTY 7 14 . NOV_ �._.. BE IT REMEMBERED, that on this a `" day of '-)"1-'-r'-‘‹, , 2012, before me the undersigned, a Notary Public in and for the County and State aforesaid, came Mary Frances Wilson Burson, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year last above written. Notary Public My commission expires 1 (' - 2-0 I Lt-- ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas on , 2012. J: \GEN\DEEDS \CCIA.Mary Frances Burson.Revised.doc Page 2 of 4 GRANTEE: CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Ronald L. Olson, City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on , 2012 by Ronald L. Olson as City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. [Seal] Notary Public in and for the State of Texas J: \GEN \DEEDS \CCIA.Mary Frances Burson.Revised.doc Page 3 of 4 APPROVED AS TO LEGAL FORM, THIS 7(L- DAY OF By: FOR THE CITY ATTORNEY Veronica Ocanas, Assistant City Attorney CITY LEGAL DEPARTMENT J: \GEMDEEDS \CCIA.Mary Frances Burson.Revised.doc Page 4 of 4 , 2012. LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi. Texas 78408 Field Note Description for a 0.68 are tract of land, more or less, out of a called 91.36 acre tract of land known as Tract 2 of the V.M. Donigan 456.80 acre partition as recorded in Voluine 1, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a point for the southwest corner of said Tract 2, the southeast corner of Tract 3 of said V.M. Donigan 456.80 acre partition, and the north right -of -way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 34' -51" West, 2188.29 feet; Thence North 00 °- 47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 451.20 feet to a point for the southwest corner of the tract herein described and for the POINT OF BEGINNING; Thence North 00 °- 47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 40.00 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 200.01 feet to a point for an exterior corner of the tract herein described; Thence South 67 °- 35' -46" East, a distance of 136.57 feet to a point for an interior corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 406.98 feet to a point in the ease line of said Tract 2 and the west tine of Tract 1 of said partition for the northeast corner of the tract herein described; Thence South 00 °- 47' -23" East, with the common boundary line of said Tract 1 and said Tract 2, a distance of 40.00 feet to a point for the southeast corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 415.00 feet to a point for an exterior corner of the tract herein described; Thence North 67 °- 35' -46" West, a distance of 136.57 feet to a point for an interior corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 191.99 feet to a point in the west line of said Tract 2 and the east line of said Tract 3 for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 0.68 (29,742.36 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County ofNucces 1, Dorado Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the L7/ day of Q'Gl 2012. Hor Oliveira State of Texas License No. 14 15 Exhibit "A" ®Z PL PL PL SCALE: 1"=200' TRACT 2 91.36 AC. VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228 D.R.N.C.T. State of Texas County of Nuecee I, Horacio Oliveira, a Registered Professional Lond Surveyor, of LNV Inc., do hereby certify that the foregoing mop was prepared from information of record and from o survey mode on the ground under my direction. PL PL PL TRACT 1 91.36 AC. VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS OLE NO. 320003 VOLUME 501, PAGE 228 O.R.N,C.T. TRACT 3 91.36 AC. VOLUME I, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS OLE NO, 320003 VOLUME 501, PAGE 228 D.R.N. C.T. This they doy of Hely 2012. orocio Oliveirar State of Texos License No. 1415 1 FfFNn. M.R.N.0 T. I.R. I.P. FD P1 ROW PL PL S 00'47'23" E 40.00' N 88'39'16" E 406.98' 0.68 ACRES S 67'35'46" E 136.57' / / PL P / S 88'39'16" 415.00' / / N 8200. 101' E 200.' \'W/ N 00'47'34" W 40.00' PL PL 8' AIR LIQUIDE \ GASUNE MAP RECORDS, NUECES COUNTY, TEXAS IRON ROD IRON PN FOUND PROPERTY UNE RIGHT OF WAY SECTION UNE 11111111111 RAIL ROAD TRACKS —PIPE— UNOERGROUND PIPELINE SOL/HOARY OF LAND TO BE ACQUIRED N 67'35'46" WI 136.57' S 88'39'16" W 191.99' POINT OF BEGINNING N 00'47'34' 11 451.20 PL 91 ENTERPRISE PETRO PIPELINE 1 NOTES: O T -SECTION LINE nm _ mN to FD I' I.P. SW CORNER OF TRACT 5 91.36 AC. TRACT • THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION SOURCE OF BEARING -TEXAS STATE PLANE TEXAS SOUTH ZONE -4205 -NAD 83 AREA 29,742.38 50. FT., 0.68 AC. THIS SURVEY IS SUBJECT TO ALL ENCUMBRANCES REFERENCED IN THE SCHEDULE B OF 1HE TITLE COMMITMENT PROADE0 8Y THE CITY OF CORPUS CHRISTI (GUARANTY TITLE SERVICES). 4 M L a Exhibit "B" EXHIBIT OF 0.68 AC. 29,742.36 SQ. FT. OUT OF TRACT 2 REFERENCES: 91.36 ACRES, TRACT 2 VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE N0. 320003 VOLUME 501, PAGE 228, O.R.N.C.T, 0 200 300 400 DATE: MAY 2012 LNV engineers I architects 1 contractors nrr ° wr 4.4 w LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 0.19 acre tract of land, more or less, out of a called 91.36 acre tract of land known as Tract 1 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a point for the southwest corner of said Tract 1, the southeast corner of a 91.36 acre tract of land known as Tract 2 of said V.M. Doiiigan 456.80 acre partition and the north right -of -way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 880- 35'•04" West, 2920.80; Thence North 000- 47' -23" West, with the common boundary line of said Tract 1 and said Tract 2, a distance of 395.44 feet to a point for the southwest corner of the tract herein described and for the POINT OF BEGINNING; Thence Nortlt 00 °- 47' -23" West, with the common boundary line of said Tract 1 and said Tract 2, a distance of 40.00 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 209.81 feet to a point, the Point of Curve of a non - tangent reverse curve to the right, on the west right -of -way line of Hopkins Road (r.o.w. varies), for the northeast corner of the tract herein described; Thence in a general southerly direction, with the arc of circular curve, whose Central Angle is 07 °- 46' -35 ", whose Radius is 312.94 feet, an Arc Distance of 42.47 feet to the Point of Tangency of said curve for a point in said west right -of -way line of Hopkins Road for the southeast corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 196.01 feet to a point in the common boundary line of said Tract 1 and said Tract 2 for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 0.19 (8,096.08 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces 1, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the day of MAY-c/ 2012. Horacio Oliveira State of Texas License No. 1415 Exhibit "C" PL PL SCALE: 1--,200' PL - PL - TRACT 1 91.36 AC. VOLUME 1, PAGES 48 & 49 MISCELIANEOUS AAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE N0. 320003 VOLUME 501, PAGE 228 D.R.N.C.T. PL PL TRACT 2 91 .36 AC. VOLUL.IE 1. PAGES 48 & 49 LRSCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUI.IE 501, PAGE 228 D.R. N.C.T. State of Texas County of Nuecee 1, Horocio Oliveira, 0 Registered Professional Land Surveyor, of LNV Inc., do hereby certify that the foregoing mop was prepored from information of record and from a survey mode on the ground under my direction. This the / • doy of 4 2012. Horocio Oliveira Stote of Texos License No. 1415 PL PL LEGEND* M.R.N.C.T. I.R. I.P. FO PL PL UNRECORDED ROAD OESIGN DRAWINGS PROVIDED DY CITY 0.19 ACRES\ N 88'39'16" E 209.81' PL A=07'46'35" R=312.94' T=21.27' L=42.47' N 00'47'23" W 40.00' PL PL ROW HOPKINS RD RCN/ S 88'39'16" W 196.01' PONT OF BEGINNING N 0047'23' 0 395.44' PL IMP RECORDS, NUECES COUNTY, TEXAS IRON ROO IR014 PIN FOUND PL-- PROPERTY UNE — ROW— RIGHT OF WAY SECTION UNE RAIL ROAD TRACKS BOUNDARY OF LAND TO BE ACQUIRED — PIPE— P` III 3 0 FD I I.P, SLY CORNER OF TRACT 5 91.35 AC. TRACT NOTES. • THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION • SOURCE OF BEARING -TEXAS STATE PLANE TEXAS SOUTH ZONE -4205 -NAD 83 • AREA - 8,096.08 S0. FT., 0.19 AC. • THIS SURVEY IS SUBJECT TO ALL ENCUMBRANCES REFERENCED 114 THE SCHEDULE B OF THE TIRE COMMRMENT PROVIDED 8Y THE CRY OF CORPUS CHRISTI (GUARANTY TIRE SERVICES). Exhibit "D" EXHIBIT OF 0.19 AC. 8,096.08 SQ. FT. OUT OF TRACT 1 REFERENCES: 91.36 ACRES, TRACT 1 VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228, D.R.N.C.T. 0 200 300 400 DATE: MAY 2012 LNV engineers I architects I contractorst «: "" :. .eI DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division CCIA Runway Extension/Displacement, Parcels 3A, 3B NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Special Warranty Deed THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § That I, James Fred Ogburn, 927 Timber, Oxford, County, State of Alabama, 36203 -2144, hereinafter called GRANTOR, is the owner of an undivided 11.04 acres, more or less, out of the 143.56 acre tract out of Tracts 1 and 2 of the 456.80 V.M. Donigan Partition situated in the City of Corpus Christi, County of Nueces, State of Texas, for and in consideration of the sum of Ten Dollars and no cents ($10.00) and other good and valuable consideration to it in hand paid by THE CITY OF CORPUS CHRISTI, a Texas Home Rule municipal corporation, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78403, hereinafter called GRANTEE, the receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, has this day sold, and by these presents does grant, bargain, sell and convey unto the said GRANTEE all my interest to that certain tract or parcel of land lying and being situated in the County of Nueces, State of Texas, more particularly described as follows to -wit: See the metes and bounds property descriptions attached hereto and made a part hereof for all purposes as Exhibits "A" and "C ". Maps showing the location of the acquisitions are attached hereto for all purposes as Exhibits "B" and Special Provisions: (1) The City of Corpus Christi agrees to convey to the Grantors an Access Easement along the access road being acquired by the City from Hopkins Road to the Grantors' west property line. This conveyance will be done once the City acquires full title to the subject right of way. Access along this road will be restricted to non - commercial type vehicles not to exceed 11,000 pounds in gross vehicle weight rating. (2) The City of Corpus Christi will place reinforced concrete paving along a section of this access road on both sides to allow any tenant farmer to cross from the one side to the other with their farming equipment which may exceed the 11,000 pounds in gross vehicle weight rating. If in the future the City fences the access road, gates will be installed at this location to provide access for the farmer to cross the paved road. (3) Keys or combinations will be provided to the Grantors and tenant farmer for J : \GEN\ DEEDS \CCIA.JamesOgbum.Rcvised.doc Page 1 of 4 the gate to be placed at the entrance off of Hopkins Road. (4) The Grantors retain their undivided interest in the mineral rights under the property being conveyed to the City. This conveyance is made and accepted subject to any and all valid and effective encumbrances of record, other than any conveyance of the surface estate, mortgage or lien, affecting the hereinabove described property, including restrictive covenants, easements, rights -of -way, leases, mineral and/or royalty reservations previously reserved to predecessors in title or heretofore transferred or assigned, and /or oil and gas leases; and to zoning and regulatory ordinances outstanding and affecting the hereinabove described property. TO HAVE AND TO HOLD the above described premises herein conveyed, together with all and singular the rights and appurtenances thereto in anywise belonging to the said City of Corpus Christi, its successors and assigns, forever, and Grantors do hereby bind themselves, their successors and assigns, to warrant and forever defend all and singular the said premises herein conveyed against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the exceptions to conveyance and warranty. Grantee further acknowledges and agrees that the conveyance of the property as provided for herein is made on an "AS IS, WHERE IS" condition and basis with all faults. IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this . day of s/3 /7 ,2012. s Fred Ogburn ACKNOWLEDGEMENT STATE OF ALABAMA COUNTY 0 BE IT REMEMBERED, that on this 3 /day of `'?( Y , 2012, before me the undersigned, a Notary Public in and for the County and State aforesaid, came James Fred Ogburn, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year last above written. Notary Public My Commission Expires August 29. 2015 My commission expires J: \G EN\ DEEDS \CCI A. JamesOgburn. Revised.doc Page 2 of 4 ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas on , 2012. GRANTEE: CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Ronald L. Olson, City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2012 by Ronald L. Olson as City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. [Seal] Notary Public in and for the State of Texas J:AGEN\ DEEDS \CCIA.JamesOgburn.Revised.doc Page 3 of 4 APPROVED AS TO LEGAL FORM, THIS 5Alk- DAY OF By: FOR THE CITY ATTORNEY Veronica Ocanas, Assistant City Attorney CITY LEGAL DEPARTMENT J: \GEMDEEDS \CCIA.JamesOgbum. Revised.doc Page 4 of 4 , 2012. LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 0.68 acre tract of land, more or less, out of a called 91.36 acre tract of land known as Tract 2 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a point for the southwest corner of said Tract 2, the southeast corner of Tract 3 of said V.M. Donigan 456.80 acre partition, and the north right -of -way line of the Texas Mexican Railroad from which a I" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 34' -5I" West, 2188.29 feet; Thence North 00 °- 47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 451.20 feet to a point for the southwest corner of the tract herein described and for the POINT OF BEGINNING; Thence North 00 °- 47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 40.00 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 200.01 feet to a point for an exterior corner of the tract herein described; Thence South 67 °- 35' -46" East, a distance of 136.57 feet to a point for an interior corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 406.98 feet to a point in the east line of said Tract 2 and the west line of Tract 1 of said partition for the northeast corner of the tract herein described; Thence South 00 °- 47' -23" East, with the common boundary line of said Tract 1 and said Tract 2, a distance of 40.00 feet to a point for the southeast comer of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 415.00 feet to a point for an exterior corner of the tract herein described; Thence North 67 °- 35' -46" West, a distance of 136.57 feet to a point for an interior corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 191.99 feet to a point in the west line of said Tract 2 and the east line of said Tract 3 for the southwest corner of the herein described easement and for the POINT 01? BEGINNING. Containing more or less 0.68 (29,742.36 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nucccs 1, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the L71 day of 2012. Horatio Oliveira State of Texas License No. 1415 Exhibit "A" KI.,!)1Z PL PL SCALE: 1"=200' PL PL Pl TRACT 2 91.36 AC. VOLUME 1, PAGES 48 te 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228 D.R.N.C.T. State of Texas County of Nuecea 1, Horocio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., do hereby certify that the foregoing map was prepared from information of record and from o survey made on the ground under my direction. PL PL PL TRACT 1 91.36 AC. VOLUME 1, PAGES 48 & 49 MISCELLANEOUS 1.1AP RECORDS NUECES COUNTY, TEXAS CLERKS FILE N0. 320003 VOLUME 501, PAGE 228 D.R.N.C.T_ TRACT 3 91.36 AC. VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE N0. 320003 VOLUME 501, PAGE 228 D.R.N.C.T. This the 9" doy of At)" 2012. Horocio Oliveira - State of Texas License No. 1415 ( F LEGEND' M.R.N.C.T. I.R. I.P. FD PL PL S 00'47'23" E 40.00' N 88'39'16" E 406.98' 0.68 ACRES S 67'35'46" E 136.57' N 88'39'16" E 200.01' N 00'47'34" W 40.00' PL PL P1 S 88'39'16" 415.00' �N 67'35'46" W 136.57' 8' AIR LIQUIDE GASLINE PL S 88'39'16" W 191.99' 1y o POINT OF BEGINNING _ 14 00'47'34' 5! 451.20 PL RL ENTERPRISE PETRO PIPEUNE MAP RECORDS, NUECES COUNTY, TEXAS IRON ROD IRON P64 FOUND PROPERTY UNE ROW— RIGHT OF WAY SECTION UNE 111(11111H RAIL ROAD TRACKS PIPE— UNOERGROUND PIPEUNE BOUNDARY OF LAND TO BE ACQUIRED NOTES: FD 1' LP. SW CORNERTRACT 5 911.J6.36AC. TRACT SECTION LINE • THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION • SOURCE OF BEARING—TEXAS STATE PLANE TEXAS SOUTH 20K-4205—RAD 83 • AREA •• 29,742.38 SQ. FT., 0.68 AC. • THIS SURVEY IS SUBJECT TO ALL ENCUMBRANCES REFERENCED IN THE SCHEDULE B OF THE 1TILE COMMITMENT PROVIDED BY THE CRY OF CORPUS CHRISTI (GUARANTY TITLE SERVICES), Exhibit "B" EXHIBIT OF 0.68 AC. 29,742.36 SQ. FT. OUT OF TRACT 2 REFERENCES: 91.36 ACRES, TRACT 2 VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228, D.R.N.C.T. 0 200 300 400 DATE: MAY 2012 LNV engineer I architects I contractors LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 0.19 acre tract of land, more or less, out of a called 91.36 acre tract of land known as Tract 1 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No, 320003, Volutne 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a point for the southwest corner of said Tract I, the southeast corner of a 91.36 acre tract of land known as Tract 2 of said V.M. Donigan 456.80 acre partition and the north right -of -way line of the Texas Mexican Railroad from which a l" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 35' -04" West, 2920.80; Thence North 00 °- 47' -23" West, with the common boundary line of said Tract 1 and said Tract 2, a distance of 395.44 feet to a point for the southwest comer of the tract herein described and for the POINT OF BEGINNING; Thence Nortlt 00 °- 47' -23" West, with the common boundary line of said Tract 1 and said Tract 2, a distance of 40.00 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 209.81 feet to a point, the Point of Curve of a non - tangent reverse curve to the right, on the west right -of -way line of Hopkins Road (r.o.w. varies), for the northeast corner of the tract herein described; Thence in a general southerly direction, with the arc of circular curve, whose Central Angle is 07 °- 46' -35 ", whose Radius is 312.94 feet, an Arc Distance of 42.47 feet to the Point of Tangency of said curve for a point in said west right -of -way line of Hopkins Road for the southeast corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 196.01 feet to a point in the common boundary line of said Tract 1 and said Tract 2 for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 0.19 (8,096.08 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces I, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certifyy that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the day of J ey.G� 2012. Horatio Oliveira State of Texas License No. 1415 Exhibit "C" P PL PL SCALE: 1 "=200' PL PL TRACT 1 91.36 AC, VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FRE N0. 320003 VOLUME 501, PAGE 228 O.R.H.C.T. PL PL TRACT 2 91.36 AC. VOLUME 1. PAGES 48 & 49 MISCELLANEOUS !AAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE 140. 320003 VOLUI.E 501, PAGE 228 D.R.N.C.T_ State of Texas County of Nuecee I, Horocio Oliveiro, o Registered Professionol Land Surveyor, of LNV Inc., do hereby certify that the foregoing map was prepared from informotion of record and from o survey mode on the ground under my direction. This the 91".!-4 day of /94a {/ 2012. Horocio Oliveira Slate of Texas License No. 1415 PL PL LEGEND' M.R.N.C.T. I.R. I.P. FD PL PL PL UNRECORDED ROAD DESIGN DRAWINGS PRONGED DY CRY A=07'46'35" R=312.94' T=21.27' L=42.47' 0.19 ACRES N 88'39'16" E 209.81' N 00'47'23" W 40.00' PL PI. ROW HOPKINS RD ROW S 88'39'16" W 196.01' PONT OF BEGINNING 14 00'47'23 W 395.44' PI� PL LAP RECOROS, NUECES COUNTY, TEXAS IRON ROO IRON PIN FOUND PROPERTY UNE RIGHT OF PAY SECTION UNE RAIL ROAD TRACKS BOUNDARY OF 1ANO TO RE ACOUIRED PD 1' LP. 50 CORNER OF TRACT 5 91.35 AC. TRACT NOTES' • • • _ O 1'- M M z W — THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION SOURCE OF BEARINGeTEXAS STATE PLANE TEXAS SOUTH ZONE -4205 -NAD 83 AREA - 6,096.08 SO. FT., 0.19 AC. THIS SURVEY IS SUBJECT TO ALL ENCUMBRANCES REFERENCED IN THE SCHEDULE B OF THE TTTLE COMMITMENT PROVIDED BY THE CITY OF CORPUS CHRISTI (GUARANTY TIRE SERVICES). CO cu u a Exhibit "D" EXHIBIT OF 0.19 AC. 8,096.08 SQ. FT. OUT OF TRACT 1 REFERENCES: 91.36 ACRES, TRACT 1 VOLUME 1, PAGES 48 do 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE N0. 320003 VOLUME 501, PAGE 228, D.R.N.C.T. 0 200 300 400 DATE: MAY 2012 LNV engineers f architects contractors ror 5 DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division CCIA Runway Extension /Displacement, Parcels 3A, 3B NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Special Warranty Deed THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § That I, Sylvia Claire Wilson Beckman, 706 Prince Edward Court, Murfreesboro, Rutherford County, State of Tennessee, 37130 -5604, hereinafter called GRANTOR, is the owner of an undivided 11.04 acres, more or less, out of the 143.56 acre tract out of Tracts 1 and 2 of the 456.80 V.M. Donigan Partition situated in the City of Corpus Christi, County of Nueces, State of Texas, for and in consideration of the sum of Ten Dollars and no cents ($10.00) and other good and valuable consideration to it in hand paid by THE CITY OF CORPUS CHRISTI, a Texas Home Rule municipal corporation, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78403, hereinafter called GRANTEE, the receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, has this day sold, and by these presents does grant, bargain, sell and convey unto the said GRANTEE all my interest to that certain tract or parcel of land lying and being situated in the County of Nueces, State of Texas, more particularly described as follows to -wit: See the metes and bounds property descriptions attached hereto and made a part hereof for all purposes as Exhibits "A" and "C ". Maps showing the location of the acquisitions are attached hereto for all purposes as Exhibits "B" and «D„ Special Provisions: (1) The City of Corpus Christi agrees to convey to the Grantors an Access Easement along the access road being acquired by the City from Hopkins Road to the Grantors' west property line. This conveyance will be done once the City acquires full title to the subject right of way. Access along this road will be restricted to non - commercial type vehicles not to exceed 11,000 pounds in gross vehicle weight rating. (2) The City of Corpus Christi will place reinforced concrete paving along a section of this access road on both sides to allow any tenant farmer to cross from the one side to the other with their farming equipment which may exceed the 11,000 pounds in gross vehicle weight rating. If in the future the City fences the access road, gates will be installed at this location to provide access for the farmer to cross the paved road. (3) Keys or combinations will be provided to the Grantors and tenant farmer for J: \GEN\DEEDS \CCIA.Sylvia Beckman.Revised.doc Page I of 4 the gate to be placed at the entrance off of Hopkins Road. (4) The Grantors retain their undivided interest in the mineral rights under the property being conveyed to the City. This conveyance is made and accepted subject to any and all valid and effective encumbrances of record, other than any conveyance of the surface estate, mortgage or lien, affecting the hereinabove described property, including restrictive covenants, easements, rights -of -way, leases, mineral and/or royalty reservations previously reserved to predecessors in title or heretofore transferred or assigned, and /or oil and gas leases; and to zoning and regulatory ordinances outstanding and affecting the hereinabove described property. TO HAVE AND TO HOLD the above described premises herein conveyed, together with all and singular the rights and appurtenances thereto in anywise belonging to the said City of Corpus Christi, its successors and assigns, forever, and Grantors do hereby bind themselves, their successors and assigns, to warrant and forever defend all and singular the said premises herein conveyed against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the exceptions to conveyance and warranty. Grantee further acknowledges and agrees that the conveyance of the property as provided for herein is made on an "AS IS, WHERE IS" condition and basis with all faults. IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of that' 3 ) ,2012. C � 014/6 41 is Claire Wilson Beckman ACKNOWLEDGEMENT STATE OF TENNESSEE COUNTY OF RUTHERFORD BE IT REMEMBERED, that on this -j ( day of rn C V , 2012, before me the undersigned, a Notary Public in and for the County and State aforesaid, came Sylvia Claire Wilson Beckman, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year last above written. Cir\ 61-141 Notary Public' My commission expires Le( ( ` (D, J b l J • Or •N • TENNESSEE NOTARY • "y••. PU3Li:; .• `� �:, . `0∎100011,,,,, J: \GEN\DEEDS \CCIA.Sylvia Beckman.Re iWeki.ci C'" = 1, i:,(i ":,11. s DEC 16, 2012 Page 2 of 4 ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas on , 2012. GRANTEE: CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Ronald L. Olson, City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2012 by Ronald L. Olson as City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. [Seal] Notary Public in and for the State of Texas J: \GEN \DEEDS \CCIA.Sylvia Beckman.Revised.doc Page 3 of 4 APPROVED AS TO LEGAL FORM, THIS DAY OF FOR THE CITY ATTORNEY By: �CJN u Veronica Ocanas, Assistant City Attorney CITY LEGAL DEPARTMENT J: \GEMDEEDS \CCIA.Sylvia Beckman.Revised.doc Page 4 of 4 , 2012. LNV, Inc. 801 Navigation Blvd.. Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 0.68 acre tract of land, more or less, out of a called 91.36 acre tract of land known as Tract 2 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a point for the southwest corner of said Tract 2, the southeast corner of Tract 3 of said V.M. Donigan 456.80 acre partition, and the north right -of -way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 34' -51" West, 2188.29 feet; Thence North 00 °- 47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 45I.20 feet to a point for the southwest corner of the tract herein described and for the POINT OF BEGINNING; Thence North 00 °- 47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 40.00 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 200.01 feet to a point for an exterior corner of the tract herein described; Thence South 67 °- 35' -46" East, a distance of 136.57 feet to a point for an interior corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 406.98 feet to a point in the east line of said Tract 2 and the west line of Tract 1 of said partition for the northeast corner of the tract herein described; Thence South 000- 47'43" East, with the common boundary line of said Tract I and said Tract 2, a distance of 40.00 feet to a point for the southeast corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 415.00 feet to a point for an exterior corner of the tract herein described; Thence North 67 °- 35' -46" West, a distance of 136,57 feet to a point for an interior corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 191.99 feet to a point in the west line of said Tract 2 and the east line of said Tract 3 for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 0.68 (29,742.36 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nucccs 1, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the 1TLL. day of 2012. Horacio Oliveira State of Texas License No. 1415 Exhibit "A" PL PL SCALE: 1"=200' TRACT 2 91.36 AC. VOLUME I. PAGES 48 & 49 MISCELLANEOUS ANP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228 D.R.N.C.T. N 7 o a < rc IIII_Pl PL PL > N State of Texas County of Nueces I, Horocio Oliveira, o Registered Professionol Lond Surveyor, of LNV Inc., do hereby certify that the foregoing mop wos prepored from information of record and from a survey made on the ground under my direction. PL TRACT 1 91.36 AC. VOLUTAE 1, PAGES 18 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO 320003 VOLUME 501, PAGE 228 ORNCT PL PL S 00'47'23" E 40,00' N 88'39'16" E 406.98' 0.68 ACRES / 5 67'35'46" 136.57' N 88'1 E 200.0.01'' N 00'47'34" W 40.00' PL — TRACT 3 91.36 AC. VOLUME 1, PAGES 18 & 19 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501. PAGE 228 D.R,N.C.T. This the g' doy of H47 2012. oracio Oliveira-' Stote of Texos License No. 1415 iTMT. I.R. I,P, FD —PL--- ROW- 8' AIR LIQUIDE -- GASLINE MAP RECORDS, NUECES COUNTY, TEXAS IRON ROD IRON PW FOUND PROPERTY UNE RIGHT OF WAY SECTION UNE t l 1111111 l l RAIL ROAD TRACKS UNOERGROUND PIPEUNE BOUNDARY OF LAND TO BE ACQUIRED — PIPE — NOTES: PL S 88'39'16" W 415.00' N 67'35'46" 1141 136.57' S 88'39'16" W 191.99' POOR OF BEGINNING N 00'47'34' 0 451.20 PL RL — ENTERPRISE PETRO PIPEUNE SECTION LINE FD I I. P. SW CORNER OF TRACT 5 91.36 AC. TRACT THIS MAP TO ACCOMPANY FIELD NOTE OESCRIPRON • SOURCE OF BEARING -TEXAS STATE PLANE TEXAS SOUTH ZONE -4205 -NAD 83 • AREA - 29,742.38 SQ. FT., 0.68 AC. • THIS SURVEY IS SUBJECT TO ALL ENCUMBRANCES REFERENCED R4 THE SCHEDULE B OF THE TITLE COMMITMENT PRONGED BY THE CITY OF CORPUS CHRISTI (GUARANTY TIRE SERVICES). a M u L D. Exhibit "B" EXHIBIT OF 0.68 AC. 29,742.36 SQ. FT. OUT OF TRACT 2 REFERENCES: 91.36 ACRES, TRACT 2 VOLUME 1, PAGES 48 ac 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228, D.R.N.C.T. 0 200 300 400 DATE: MAY 2012 LNV engineers architects I conlracto,s Mw%aFr it iu LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi. Texas 78408 Field Note Description for a 0.19 acre tract of land, more or less, out of a called 91.36 acre tract of land known as Tract 1 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a point for the southwest corner of said Tract 1, the southeast corner of a 91.36 acre tract of land known as Tract 2 of said V,M. Donigan 456,80 acre partition and the north right -of -way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 35' -04" West, 2920.80; Thence North 00 °- 47' -23" West, with the common boundary line of said Tract 1 and said Tract 2, a distance of 395.44 feet to a point for the southwest corner of the tract herein described and for the POINT OF BEGINNING; Thence North 00 °- 47' -23" West, with the common boundary line of said Tract 1 and said Tract 2, a distance of 40.00 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 209.81 feet to a point, the Point of Curve of a non - tangent reverse curve to the right, on the west right -of -way line of Hopkins Road (r.o.w. varies), for the northeast corner of the tract herein described; Thence in a general southerly direction, with the arc of circular curve, whose Central Angle is 07 °- 46' -35 ", whose Radius is 312.94 feet, an Arc Distance of 42.47 feet to the Point of Tangency of said curve for a point in said west right -of -way line of Hopkins Road for the southeast corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 196.01 feet to a point in the cottmron boundary line of said Tract 1 and said Tract 2 for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 0.19 (8,096.08 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces I, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certifyy that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the day of /Vey.c/ 2012. Horacio Oliveira State of Texas License No. 1415 Exhibit "C" SCALE: 1"=200' Pl. Pl. PL PL TRACT 1 91.36 AC. VOLUME 1, PAGES 48 Ar 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FRE NO. 320003 VOLUME 501, PAGE 228 D,R.N.C.T. PL PC TRACT 2 91.36 AC. VOLUTAE 1, PAGES 48 ,9 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE N0. 320003 VOLUME 501, PAGE 228 D R. N.0 T. State of Texas County of Nueces I, Horocio Oliveira, a Registered Professionol Land Surveyor, of LNV Inc., do hereby certify that the foregoing map was prepared from information of record and from a survey mode on the ground under my direction. This the 7: -Pr day of Re (/ 2012. • Horacio Oliveira Stote of Texas License No. 1415 PC PL LEGEND' M.R.N.C.T. I.R. I.P. PC rzi PL UNRECORDED ROAD DESIGN DRAWINGS PROVIDED BY CITY PL A=07'46'35" R=312.94' T=21.27' L=42.47' 0.19 ACRES FD —PL-- --ROI'I— PIPE— N 88'39'16" E 209.81' N 00'47'23" W 40.00' PL PL MAP RECORDS, NUECES COUNTY, TEXAS IRON ROD IRON PIN FOUND PROPERTY UNE RIGHT OF WAY SECTION UNE RAIL ROAD TRACKS BOUNDARY OF LAND TO BE ACQUIRED PL ROW HOPKINS RD Row S 88'39'16" W 196.01' POM OF BEGINNING N 00'47'23' 5 395.44' PL 0 0 P4 FD 1 I.P. 55 CORNER OF TRACT 5 91.36 AC. TRACT NOTES' • • rc THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION SOURCE OF BEARING=TEXAS STATE PLANE TEXAS SOUTH ZONE -4205 -NAD 83 AREA - 8.096.08 SO. FT., 0.19 AC. THIS SURVEY IS SUBJECT TO ALL ENCUMBRANCES REFERENCED IN THE SCHEDULE 8 OF THE TITLE COMMITMENT PROVIDED BY THE CRY OF CORPUS CHRISTI (GUARANTY TRLE SERVICES). Exhibit "D" EXHIBIT OF 0.19 AC. 8,096.08 SQ. F. OUT OF TRACT 1 REFERENCES: 91.36 ACRES, TRACT 1 VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228, D.R.N.C.T. 0 200 300 400 DATE: MAY 2012 LNV engineers I architects 1 contractors 111.1.06 DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division CCIA Runway Extension /Displacement, Parcels 3A, 3B NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Special Warranty Deed THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § That I, Bettye Joyce Walker Coats, P.O. Box 35, Breman, Haralson County, State of Georgia, 30110 -0035, hereinafter called GRANTOR, is the owner of an undivided 11.04 acres, more or less, out of the 143.56 acre tract out of Tracts 1 and 2 of the 456.80 V.M. Donigan Partition situated in the City of Corpus Christi, County of Nueces, State of Texas, for and in consideration of the sum of Ten Dollars and no cents ($10.00) and other good and valuable consideration to it in hand paid by THE CITY OF CORPUS CHRISTI, a Texas Home Rule municipal corporation, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78403, hereinafter called GRANTEE, the receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, has this day sold, and by these presents does grant, bargain, sell and convey unto the said GRANTEE all my interest to that certain tract or parcel of land lying and being situated in the County of Nueces, State of Texas, more particularly described as follows to -wit: See the metes and bounds property descriptions attached hereto and made a part hereof for all purposes as Exhibits "A" and "C ". Maps showing the location of the acquisitions are attached hereto for all purposes as Exhibits "B" and «D„ Special Provisions: (1) The City of Corpus Christi agrees to convey to the Grantors an Access Easement along the access road being acquired by the City from Hopkins Road to the Grantors' west property line. This conveyance will be done once the City acquires full title to the subject right of way. Access along this road will be restricted to non - commercial type vehicles not to exceed 11,000 pounds in gross vehicle weight rating. (2) The City of Corpus Christi will place reinforced concrete paving along a section of this access road on both sides to allow any tenant farmer to cross from the one side to the other with their farming equipment which may exceed the 11,000 pounds in gross vehicle weight rating. If in the future the City fences the access road, gates will be installed at this location to provide access for the farmer to cross the paved road. (3) Keys or combinations will be provided to the Grantors and tenant farmer for J: \GENIDEF.DS \CCIA.Bettye Coats.Revised.doc Page 1 of 4 the gate to be placed at the entrance off of Hopkins Road. (4) The Grantors retain their undivided interest in the mineral rights under the property being conveyed to the City. This conveyance is made and accepted subject to any and all valid and effective encumbrances of record, other than any conveyance of the surface estate, mortgage or lien, affecting the hereinabove described property, including restrictive covenants, easements, rights -of -way, leases, mineral and/or royalty reservations previously reserved to predecessors in title or heretofore transferred or assigned, and/or oil and gas leases; and to zoning and regulatory ordinances outstanding and affecting the hereinabove described property. TO HAVE AND TO HOLD the above described premises herein conveyed, together with all and singular the rights and appurtenances thereto in anywise belonging to the said City of Corpus Christi, its successors and assigns, forever, and Grantors do hereby bind themselves, their successors and assigns, to warrant and forever defend all and singular the said premises herein conveyed against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the exceptions to conveyance and warranty. Grantee further acknowledges and agrees that the conveyance of the property as provided for herein is made on an "AS IS, WHERE IS" condition and basis with all faults. WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of , 2012. Bettye Joyce "Warker Coats ACKNOWLEDGEMENT STATE OF GEORGIA § COUNTY OF HARALSON § BE IT REMEMBERED, that on this I a t day of Y-t)- /V T , 2012, before me the undersigned, a Notary Public in and for the County and State aforesaid, came Bettye Joyce Walker Coats, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year last above written. P Q,.si Notary Public My commission expires 1'? e.J.+eL © /, c ' J: \GEN \DEEDS \CC1A. Bettye Coats.Revised.doc Page 2 of 4 ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas on , 2012. GRANTEE: CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Ronald L. Olson, City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2012 by Ronald L. Olson as City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. [Seal] Notary Public in and for the State of Texas .l: \GEN\ DEEDS \CCIA.Bettye Coats.Revised.doc Page 3 of 4 APPROVED AS TO LEGAL FORM, THIS By: DAY OF 9J , 2012. FOR THE CITY ATTORNEY Veronica Ocanas, Assistant City Attorney CITY LEGAL DEPARTMENT J:AGEN\ DEEDS \CCIA.Bettye Coats.Revised.doc Page 4 of 4 LNV, Inc. 801 Navigation Blvd_, Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 0.68 acre tract of land, more or less, out of a called 91.36 acre tract of land known as Tract 2 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a point for the southwest corner of said Tract 2, the southeast corner of Tract 3 of said V.M. Donigan 456.80 acre partition, and the north right -of -way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 34' -51" \Vest, 2188.29 feet; Thence North 00 °- 47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 451.20 feet to a point for the southwest corner of the tract herein described and for the POINT OF BEGINNING; Thence North 00 °- 47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 40.00 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 200.01 feet to a point for an exterior corner of the tract herein described; Thence South 67 °- 35' -46" East, a distance of 136.57 feet to a point for an interior corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 406.98 feet to a point in the east line of said Tract 2 and the west line of Tract 1 of said partition for the northeast corner of the tract herein described; Thence South 00 °- 47' -23" East, with the common boundary line of said Tract 1 and said Tract 2, a distance of 40.00 feet to a point for the southeast corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 415.00 feet to a point for an exterior corner of the tract herein described; Thence North 67 °- 3S' -46" West, a distance of 136.57 feet to a point for an interior corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 191.99 feet to a point in the west line of said Tract 2 and the east line of said Tract 3 for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 0.68 (29,742.36 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County ofNucces 1, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction, This the 71 day of dG! 2012. Horacio Oliveira State of Texas License No. 1415 Exhibit "A" PL PL SCALE: 1"--200' PL P1. -- TRACT 2 91.36 AC. VOLUME 1, PAGES 48 & 49 MISCELLANEOUS LVW RECORDS NUECES COUNTY, 'BAAS CLERKS FILE NO. 320003 VOLUME 501, PACE 228 D.R.N.C.T. State of Texas County of Nueces 1, Noracio Oliveira, a Registered Professionol Lond Surveyor, of LPN Inc., do hereby certify that the foregoing mop was prepared from informotion of record and from o survey made on the ground under my direction. PL P1 PL TRACT 1 91.36 AC. VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY. TEXAS CLERKS FILE NO 320003 VOLUME 501, PACE 228 0. R. N.C. T. TRACT 3 91.36 AC. VOLUME 1, PACES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS OLE N0. 320003 VOLUME 501, PACE 228 D.R.N. C.T. lhis the / day of N47 2012. orocio Olivelr6' State of Texos License No. 1415 1 FUND* I.R. I.P. FD —PL -- -R0W- PL PL — PL S 00'47'23" E 40.00' / E / N 88'39'16" 406,98' 0.68 ACRES S 67'35'46" E 136.57' N 88'39'16" E 200.01' N 00'47'34" W� 40.00' PL 8' AIR LIQUIDE 6451)91 2 S 88'39'16" W 415.00' N 67'35'46" WI 136.57' S 88'39'16" W 191.99' ✓/ SECTION UNE POINT OF BEGINNING N 00'47'34' W 451.20 PL MAP RECOROS, NUECES COUNTY. TEXAS IRON ROD IRON PIN FOUND PROPERTY UNE RIGHT OF WAY SECTION UNE 11111111111 RAIL ROAD TRACKS — PIPE— UNOERGROUND PIPELINE BOUNDARY OF LINO TO BE ACQUREO RL ENTERPRISE PETRO PIPEUNE 90 I' I.P. 5111 CORNER OF TRACT 91.36 AC. TRACT 5 NOTES' • THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION • SOURCE OF BEARING -.TEXAS STATE PLANE TEXAS SOUTH ZONE -4205 -NAD 83 AREA m 29,742.38 SO. FT., 0.68 AC. • THIS SURVEY IS SUBJECT TO ALL ENCUMBRANCES REFERENCED IN THE SCHEDULER OF THE TITLE COMMITMENT PROVIDED BY THE CITY OF CORPUS CHRISTI (GUARANTY TIRE SERVICES). M L a Stn 2vi W z CD W < Q r Exhibit "B" EXHIBIT OF 0.68 AC. 29,742.36 SQ. F. OUT OF TRACT 2 REFERENCES: 91.36 ACRES, TRACT 2 VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE N0. 320003 VOLUME 501, PAGE 228, D.R.N.C.T. 0 200 J00 400 DATE: MAY 2012 LNV engineers architects 1 contractors �osr raaw LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 0.19 acre tract of land, more or less, out of a called 91.36 acre tract of land known as Tract 1 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Voluine 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and borutds as follows: COMMENCING at a point for the southwest corner of said Tract 1, the southeast corner of a 91.36 acre tract of land known as Tract 2 of said V.M. Donigan 456.80 acre partition and the north right -of -way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 35' -04" West, 2920.80; Thence North 00 °- 47' -23" West, with the common boundary line of said Tract 1 and said Tract 2, a distance of 395.44 feet to a point for the southwest corner of the tract herein described and for the POINT OF BEGINNING; Thence North 000- 47' -23" West, with the common boundary line of said Tract 1 and said Tract 2, a distance of 40.00 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 209.81 feet to a point, the Point of Curve of a non - tangent reverse curve to the right, on the west right -of -way line of Hopkins Road (r.o.w. varies), for the northeast corner of the tract herein described; Thence in a general southerly direction, with the arc of circular curve, whose Central Angle is 07 °- 46' -35 ", whose Radius is 312.94 feet, an Arc Distance of 42.47 feet to the Point of Tangency of said curve for a point in said west right -of -way line of Hopkins Road for the southeast corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 196.01 feet to a point in the common boundary line of said Tract 1 and said Tract 2 for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or Tess 0.19 (8,096.08 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83, State of Texas County of Nueces 1, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the day of Njcy -c/ 2012. Horacio Oliveira State of Texas License No. 1415 Exhibit IBC" ® Z PL PL SCALE: 1"=200' PL PL - PL TRACT 1 91.36 AC. VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE N0. 320003 VOLUME 501, PAGE 228 D.R.N.C.T. PL PL TRACT 2 91.36 AC. VOLUME 1, PAGES 48 & 49 MISCELLANEOUS LMP RECORDS NUECES COUNTY, TEXAS CLERKS OLE N0. 320003 VOLUME 501, PAGE 228 D. R. N. C.T. State of Texas County of Nuecee 1, Horocio Oliveira, o Registered Professionol Lond Surveyor, of LNV Inc.. do hereby certify that the foregoing map wos prepared from information of record and from o survey made on the ground under my direction. This the 9' day of/y1Q y 2012. Horatio Oliveiro Slate of Texos License No. 1415 PL PL LEGEND M.R.N.C.T. I.R. LP. FD PL z Eaf 10' PL PL UNRECORDED ROAD DESIGN ORAPRNG5 PROVCOED OY CRY 0.19 ACRES PL-- -800- -PIPE— N 88'39'16" E 209.81' N 00'47'23" W 40.00' PL PL A=07'46'35" R=312.94' T=21.27' L=42.47' 9011 HOPKINS RD PC S 88'39'16" W 196.01 ' pow o1 BEGINNING .N 00'47'23' W �:- 395.4411, P II MAP RECORDS, NUECES COUNTY, TEXAS IRON ROD IRON PIN FOUND PROPERTY LINE RIGHT OF WAY SECTION UNE RAIL ROAD TRACKS BOUNDARY OF LAIR TO RE ACQUIRED FD 1' LP, SO CORNER OF TRACT 5 91.36 AC, TRACT NOTES. • • SOURCE OF BEARlNGeTEXAS STATE PLANE TEXAS SOUTH ZONE -4205 -NAD 83 • AREA - 8,096.08 50. FT., 0.19 AC. • THIS SURVEY IS SUBJECT TO ALL ENCUMBRANCES REFERENCED IR THE SCHEDULE B OF 114E TOLE COMMITMENT PROVIDED BY THE CITY OF CORPUS CHRISTI (GUARANTY TOLE SERVICES). THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION Exhibit "D" EXHIBIT OF 0.19 AC. 8,096.08 SQ. FT. OUT OF TRACT 1 REFERENCES: 91.36 ACRES, TRACT 1 VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228, D.R.N.C.T. 0 200 300 400 I I DATE: MAY 2012 LNV engineers I architects contractors DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division CCIA Runway Extension/Displacement, Parcels 3A, 3B NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Special Warranty Deed THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § That We, Ann B. Trumbly and William D. Trumbly, Trustees under the Ann B. Trumbly Living Trust, an Oklahoma Trust, 1553 Kingsridge Drive, Oklahoma City, Oklahoma County, State of Oklahoma, hereinafter called GRANTOR, is the owner of an undivided 11.04 acres, more or less, out of the 143.56 acre tract out of Tracts 1 and 2 of the 456.80 V.M. Donigan Partition situated in the City of Corpus Christi, County of Nueces, State of Texas, for and in consideration of the sum of Ten Dollars and no cents ($10.00) and other good and valuable consideration to it in hand paid by THE CITY OF CORPUS CHRISTI, a Texas Home Rule municipal corporation, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78403, hereinafter called GRANTEE, the receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, has this day sold, and by these presents does grant, bargain, sell and convey unto the said GRANTEE all my interest to that certain tract or parcel of land lying and being situated in the County of Nueces, State of Texas, more particularly described as follows to -wit: See the metes and bounds property descriptions attached hereto and made a part hereof for all purposes as Exhibits "A" and "C ". Maps showing the location of the acquisitions are attached hereto for all purposes as Exhibits "B" and «D„ Special Provisions: (1) The City of Corpus Christi agrees to convey to the Grantors an Access Easement along the access road being acquired by the City from Hopkins Road to the Grantors' west property line. This conveyance will be done once the City acquires full title to the subject right of way. Access along this road will be restricted to non - commercial type vehicles not to exceed 11,000 pounds in gross vehicle weight rating. (2) The City of Corpus Christi will place reinforced concrete paving along a section of this access road on both sides to allow any tenant farmer to cross from the one side to the other with their farming equipment which may exceed the 11,000 pounds in gross vehicle weight rating. If in the future the City fences the access road, gates will be installed at this location to provide access for the farmer to cross the paved J: \GEN\ DEEDS \CCIA.AnnTrumbly.Revised. doc Page I of 4 DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division CCIA Runway Extension /Displacement, Parcels 3A, 3B NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Special Warranty Deed THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § That We, Ann B. Trumbly and William D. Trumbly, Trustees under the Ann B. Trumbly Living Trust, an Oklahoma Trust, 1553 Kingsridge Drive, Oklahoma City, Oklahoma County, State of Oklahoma, hereinafter called GRANTOR, is the owner of an undivided 11.04 acres, more or less, out of the 143.56 acre tract out of Tracts 1 and 2 of the 456.80 V.M. Donigan Partition situated in the City of Corpus Christi, County of Nueces, State of Texas, for and in consideration of the sum of Ten Dollars and no cents ($10.00) and other good and valuable consideration to it in hand paid by THE CITY OF CORPUS CHRISTI, a Texas Home Rule municipal corporation, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78403, hereinafter called GRANTEE, the receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, has this day sold, and by these presents does grant, bargain, sell and convey unto the said GRANTEE all my interest to that certain tract or parcel of land lying and being situated in the County of Nueces, State of Texas, more particularly described as follows to -wit: See the metes and bounds property descriptions attached hereto and made a part hereof for all purposes as Exhibits "A" and "C ". Maps showing the location of the acquisitions are attached hereto for all purposes as Exhibits "B" and Special Provisions: (1) The City of Corpus Christi agrees to convey to the Grantors an Access Easement along the access road being acquired by the City from Hopkins Road to the Grantors' west property line. This conveyance will be done once the City acquires full title to the subject right of way. Access along this road will be restricted to non - commercial type vehicles not to exceed 11,000 pounds in gross vehicle weight rating. (2) The City of Corpus Christi will place reinforced concrete paving along a section of this access road on both sides to allow any tenant farmer to cross from the one side to the other with their farming equipment which may exceed the 11,000 pounds in gross vehicle weight rating. If in the future the City fences the access road, gates will be installed at this location to provide access for the farmer to cross the paved J: \GEN\ DEEDS \CCIA.AnnTrumbly.Revised.doc Page I of 4 road. (3) Keys or combinations will be provided to the Grantors and tenant farmer for the gate to be placed at the entrance off of Hopkins Road. (4) The Grantors retain their undivided interest in the mineral rights under the property being conveyed to the City. This conveyance is made and accepted subject to any and all valid and effective encumbrances of record, other than any conveyance of the surface estate, mortgage or lien, affecting the hereinabove described property, including restrictive covenants, easements, rights -of -way, leases, mineral and/or royalty reservations previously reserved to predecessors in title or heretofore transferred or assigned, and /or oil and gas leases; and to zoning and regulatory ordinances outstanding and affecting the hereinabove described property. TO HAVE AND TO HOLD the above described premises herein conveyed, together with all and singular the rights and appurtenances thereto in anywise belonging to the said City of Corpus Christi, its successors and assigns, forever, and Grantors do hereby bind themselves, their successors and assigns, to warrant and forever defend all and singular the said premises herein conveyed against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the exceptions to conveyance and warranty. Grantee further acknowledges and agrees that the conveyance of the property as provided for herein is made on an "AS IS, WHERE IS" condition and basis with all faults. IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of , 2012. Ann B. Trumbly and William D. T Oklahoma Trust ACKNOWLEDGEMENT STATE OF OKLAHOMA § COUNTY OF OKLAHOMA § y, Trustees under the Ann B. Trumbly Living Trust, an BE IT REMEMBERED, that on this Ar- day of rA . , 2012, before me the undersigned, a Notary Public in and for the County and State afo esaid, came Ann B. Trumbly and William D. Trumbly, Trustees under the Ann B. Trumbly Living Trust, an Oklahoma Trust, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year last above written. My commission expires t/`'1..er—\. "?, J: \GEN\ DEEDS \CCIA.AnnTrumbly.Revised.doc Page 2 of 4 ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas on , 2012. GRANTEE: CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Ronald L. Olson, City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2012 by Ronald L. Olson as City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. [Seal] Notary Public in and for the State of Texas J: \GEN\ DEEDS\ CC IA.AnnTrumbly.Revised.doc Page 3 of 4 APPROVED AS TO LEGAL FORM, THIS Z DAY OF By: FOR THE CITY ATTORNEY Veronica Ocanas, Assistant City Attorney CITY LEGAL DEPARTMENT J: \GEN\ DEEDS \CCIA.AnnTrumbly. Revised.doc Page 4 of 4 , 2012. LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 0.68 acre tract of land, more or less, out of a called 91.36 acre tract of land known as Tract 2 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a point for the southwest corncr of said Tract 2, the southeast corner of Tract 3 of said V.M. Donigan 456,80 acre partition, and the north right -of -way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 ° -34' -S 1" West, 2188.29 feet; Thence North 00 °- 47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 451,20 feet to a point for the southwest corner of the tract herein described and for the POINT OF BEGINNING; Thence North 00 °- 47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 40.00 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 200.01 feet to a point for an exterior corner of the tract herein described; Thence South 67 °- 35' -46" East, a distance of 13637 feet to a point for an interior corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 406.98 feet to a point in the east line of said Tract 2 and the west line of Tract 1 of said partition for the northeast corner of the tract herein described; Thence South 00 °- 47' -23" East, with the common boundary line of said Tract 1 and said Tract 2, a distance of 40.00 feet to a point for the southeast corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 415.00 feet to a point for an exterior corner of the tract herein described; Thence North 67 °- 35' -46" West, a distance of 136.57 feet to a point for an interior corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 191.99 feet to a point in the west line of said Tract 2 and the east line of said Tract 3 for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 0.68 (29,742.36 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces 1, Horncio Oliveira, a Registered Professional Land Surveyor, of LNV Inc„ Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and front a survey made on the ground under my direction. This the day of ,11f1 ' ' 2012. Ho Oliveira� Slate of Texas License No. 1415 Exhibit "A" Pl PL PL PL SCALE: 1"=200' PL TRACT 2 91.36 AC. VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECOROS NUECES COUNTY, TEXAS CLERKS FILE N0. 320003 VOLUME 501, PAGE 228 D.R.N,C.T. State of Texas County of Nueces 1, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., do hereby certify that the foregoing mop wos prepared from information of record and from o survey made on the ground under my direction. PL. PL PL TRACT 1 91.36 AC. VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS OLE NO 320003 VOLUME 501, PAGE 228 D. R. N.C.T_ TRACT 3 91.36 AC. VOLUME I, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE N0. 320003 VOLUME 501, PAGE 228 D.R.N.C.T. PL This the 9' day of Noy 2012. ( orocio Oliveira+ State of Texas License No. 1415 LEGEND. M.R.N.C.T. I.R. I.P. FD R011 11111111111 — PIPE— PL PL S 00'47'23" E 40,00' N 88'39'16" E 406.98' 0.68 ACRES S 67'35'46" E 136.57' N 88'39'16" E 200.01' N 00'47'34" W 40.00' PL PL S 8415.0 ' 415.00' P` N 67'35'46" V) 136.57' S 88'39'16" W 19199' POINT OF BEGINNING N 00'47'34' W 451.20 W PL Rl ENTERPRISE PETRO PIPEUNE 8' AIR LIOUIOE GASLINE MAP RECORDS, NUECES COUNTY, TEXAS IRON ROD IRON PN FOUND PROPERTY UNE RIGHT OF WAY sECnoN UNE RAIL ROAD TRACKS UNDERGROUND PIPELINE BOUNDARY OF LAND TO BE ACQUIRED NOTES - Pr SECTION 5 OCAS MEXICAN RAIL ROAD Illtllilllllllllllllllllllllllllllllllill4l'.lill U II FD 1' I.P. S1'/ CORNER OF TRACT 5 91.36 AC, TRACT THIS MAP TO ACCOMPANY HELD NOTE DESCRIPTION SOURCE OF BEARING. -TEXAS STATE PLANE TEXAS SOUTH ZONE -4205 -NAD 83 • AREA m 29,742.38 S0. FT., 0.68 AC. • THIS SURVEY IS SUBJECT TO ALL ENCUMBRANCES REFERENCED N THE SCHEDULE B OF THE TITLE COMMITMENT PROVIDED 8Y T146 CITY OF CORPUS CHRISTI (GUARANTY TITLE SERVICES). Exhibit "B" EXHIBIT OF 0.68 AC. 29,742.36 SQ. FT. OUT OF TRACT 2 REFERENCES: 91.36 ACRES, TRACT 2 VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECOROS, NUECES COUNTY, TEXAS CLERKS FILE N0. 320003 VOLUME 501, PAGE 228, O.R.N.C.T. 0 200 300 400 I � 1 DATE: MAY 2012 LNV engineers I architects I contractors LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 0.19 acre tract of land, more or less, out of a called 91.36 acre tract of land known as Tract 1 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a point for the southwest corner of said Tract 1, the southeast corner of a 91.36 acre tract of land known as Tract 2 of said V, M. Donigan 456.80 acre partition and the north right -of -way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 35' -04" West, 2920.80; Thence North 00 °- 47' -23" West, with the common boundary line of said Tract 1 and said Tract 2, a distance of 395.44 feet to a point for the southwest corner of the tract herein described and for the POINT OF BEGINNING; Thence North 00 °- 47' -23" West, with the common boundary line of said Tract 1 and said Tract 2, a distance of 40.00 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 209.81 feet to a point, the Point of Curve of a non - tangent reverse curve to the right, on the west right -of -way line of Hopkins Road (r.o.w. varies), for the northeast corner of the tract herein described; Thence in a general southerly direction, with the arc of circular curve, whose Central Angle is 07 °- 46' -35 ", whose Radius is 312.94 feet, an Arc Distance of 42.47 feet to the Point of Tangency of said curve for a point in said west right -of -way line of Hopkins Road for the southeast corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 196.01 feet to a point in the common boundary line of said Tract 1 and said Tract 2 for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 0.19 (8,096.08 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces 1, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the day of J a.c! 2012. Horacio Oliveira State of Texas License No. 1415 Exhibit "C" — PL - Z SCALE: I"=200' PL PL PL TRACT 1 91.36 AC. VOLUME 1, PAGES 48 de 48 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FRE N0. 320003 VOLUME 501, PAGE 228 D.R.N.C.T. PL TRACT 2 91.36 AC. VOLUME 1, PAGES 48 do 49 /AISCELLANEOUS LAP RECORDS NUECES COUNTY, 1EKAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228 0.5.14.0 T PL Stote of Texas County of Nuecee I, Horocio Oliveira. o Registered Professionol Lond Surveyor, of INV Inc,, do hereby certify that the foregoing mop was prepared from information of record and from o survey made on the ground under my direction. This the _doy of 4.41 (/ 2012. Horocio Oliveiro Stote of Texos License No. 1415 PL PL 1 ECrENO' M.R.N.C.T. I.R. I.P. FD PL 0.19 ACRES —PL —ROI'!- -PIPE— Pl — UNRECORDED ROAD DESIGN DRAWINGS PROVIDED DY CRY N 88'39'16" E 4.0P S 88.39'16" W 1QF•01' 40.00' POINT OF eccompic 0'47'23' 1Y PL A=07'46'35" R=312,94' T=21.27' L=42.47' R0+! HOPKINS RD 209.81' 395.44' PL PL -- PL PI, MAP RECORDS, NUECES COUNTY, TEXAS IRON ROD IRON PIN FOUNO PROPERTY UNE RICHT OF WAY SECTION UNE RAIL ROAD TRACKS BOUNDARY OF NANO TO BE ACQUIRED ED 1" I.P. SW CORNER OF TRACT 5 91.36 AG TRACT NOTES: • THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION • SOURCE OF BEARINGeTEXAS STATE PLANE TEXAS SOUTH ZONE -4205 -NAD 83 • AREA - 8,096.08 S0. FT., 0.19 AC. • THIS SURVEY IS SUBJECT To ALL ENCUMBRANCES REFERENCED IN THE SCHEDULE 8 OF THE 111E COMMITMENT PRONGED BY THE CITY OF CORPUS CHRISTI (GUARANTY RILE SERVICES). Exhibit "D" EXHIBIT OF 0.19 AC. 8,096.08 SQ. F. OUT OF TRACT 1 REFERENCES: 91.36 ACRES, TRACT 1 VOLUME 1, PAGES 48 do 49 MISCELLANEOUS MAP RECORDS. NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228, D.R.N.C.T. 0 200 300 400 i 1 DATE: MAY 2012 LNV engineers J architects contractors DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division CCIA Runway Extension/Displacement, Parcels 3A, 313 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Special Warranty Deed THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § That I, Kelley D. Cook, 5301 Creekside Place, Birmingham, Jefferson County, State of Alabama, 35244 -3987, hereinafter called GRANTOR, is the owner of an undivided 11.04 acres, more or less, out of the 143.56 acre tract out of Tracts 1 and 2 of the 456.80 V.M. Donigan Partition situated in the City of Corpus Christi, County of Nueces, State of Texas, for and in consideration of the sum of Ten Dollars and no cents ($10.00) and other good and valuable consideration to it in hand paid by THE CITY OF CORPUS CHRISTI, a Texas Home Rule municipal corporation, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78403, hereinafter called GRANTEE, the receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, has this day sold, and by these presents does grant, bargain, sell and convey unto the said GRANTEE all my interest to that certain tract or parcel of land lying and being situated in the County of Nueces, State of Texas, more particularly described as follows to -wit: See the metes and bounds property descriptions attached hereto and made a part hereof for all purposes as Exhibits "A" and "C ". Maps showing the location of the acquisitions are attached hereto for all purposes as Exhibits "B" and Special Provisions: (1) The City of Corpus Christi agrees to convey to the Grantors an Access Easement along the access road being acquired by the City from Hopkins Road to the Grantors' west property line. This conveyance will be done once the City acquires full title to the subject right of way. Access along this road will be restricted to non - commercial type vehicles not to exceed 11,000 pounds in gross vehicle weight rating. (2) The City of Corpus Christi will place reinforced concrete paving along a section of this access road on both sides to allow any tenant farmer to cross from the one side to the other with their farming equipment which may exceed the 11,000 pounds in gross vehicle weight rating. If in the future the City fences the access road, J: \GEN \DEEDS \CCIA.Kelley Cook.Revised.doc Page 1 of 4 gates will be installed at this location to provide access for the farmer to cross the paved road. (3) Keys or combinations will be provided to the Grantors and tenant farmer for the gate to be placed at the entrance off of Hopkins Road. (4) The Grantors retain their undivided interest in the mineral rights under the property being conveyed to the City. This conveyance is made and accepted subject to any and all valid and effective encumbrances of record, other than any conveyance of the surface estate, mortgage or lien, affecting the hereinabove described property, including restrictive covenants, easements, rights -of -way, leases, mineral and/or royalty reservations previously reserved to predecessors in title or heretofore transferred or assigned, and /or oil and gas leases; and to zoning and regulatory ordinances outstanding and affecting the hereinabove described property. TO HAVE AND TO HOLD the above described premises herein conveyed, together with all and singular the rights and appurtenances thereto in anywise belonging to the said City of Corpus Christi, its successors and assigns, forever, and Grantors do hereby bind themselves, their successors and assigns, to warrant and forever defend all and singular the said premises herein conveyed against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the exceptions to conveyance and warranty. Grantee further acknowledges and agrees that the conveyance of the property as provided for herein is made on an "AS IS, WHERE IS" condition and basis with all faults. IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this . day of Mir, ,2012. Kelley D. C ok ACKNOWLEDGEMENT STATE OF ALABAMA COUNTY OF JEFFERSON BE IT REMEMBERED, that on this 3° day of AkA , 2012, before me the undersigned, a Notary Public in and for the County and State aforesaid, came Kelley D. Cook, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same. IN WITNESS WHEREOF, I havher unto set my hand and affixed my seal the day and year last l/ above written. CIA Notary 'iiblic JAMES G. ALLAN ALABAMA STATE AT LARGE My commission expires TERM 08/29/2011 TO 08/29/2015 J: \GEN \DEEDS \CCIA.Kelley Cook.Revised.doc Page 2 of 4 ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas on , 2012. GRANTEE: CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Ronald L. Olson, City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2012 by Ronald L. Olson as City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. [Seal] Notary Public in and for the State of Texas J: \GEN\DEEDS \CCIA.Kelley Cook. Revised.doc Page 3 of 4 APPROVED AS TO LEGAL FORM, THIS 0` t k. DAY OF By: FOR THE CITY ATTORNEY ti(\'\i't11.13144:64 Veronica Ocanas, Assistant City Attorney CITY LEGAL DEPARTMENT J: \GEMDEEDS \CCIA.Kelley Cook.Revised.doc Page 4 of 4 , 2012. LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 0.68 acre tract of land, more or less, out of a called 91.36 acre tract of land known as Tract 2 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48-49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a point for the southwest corner of said Tract 2, the southeast corner of Tract 3 of said V.M. Donigan 456.80 acre partition, and the north right -of -way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 34' -5l" \Vest, 2188.29 feet; Thence North 00 °- 47' -34" West, with the common boundary line of said Tract 2 and said Traci 3, a distance of 451,20 feet to a point for the southwest corner of the tract herein described and for the POINT OF BEGINNING; Thence North 00 °- 47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 40.00 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 200.01 feet to a point for an exterior corner of the tract herein described; Thence South 67 °- 35' -46" East, a distance of 136.57 feet to a point for an interior corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 406.98 feet to a point in the east line of said 'tract 2 and the west line of Tract 1 of said partition for the northeast corner of the tract herein described; Thence South 00 °- 47' -23" East, with the common boundary line of said Tract I and said Tract 2, a distance of 40.00 feet to a point for the southeast corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 415.00 feet to a point for an exterior corner of the tract herein described; Thence North 67 °- 35' -46" West, a distance of 136.57 feet to a point for an interior corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 191.99 feet to a point in the west line of said Tract 2 and the east line of said Tract 3 for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 0.68 (29,742.36 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces 1, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from infomiation of record and from a survey made on the ground under my direction. This the "/TCL day of /l, / 2012. Ho� Oliveira State of Texas License No. 1415 Exhibit "A" Z PL PL PL PL SCALE: 1"=200' TRACT 2 91.36 AC. VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS OLE NO. 320003 VOLUME 501, PAGE 228 O.R.N.C.T. State of Texas County of Nueces I, Horacio Oliveira, o Registered Professional Land Surveyor, of LNV Inc., do hereby certify that the foregoing mop was prepared from information of record and from o survey made on the ground under my direction. PL PL PL TRACT 1 91.36 AC. VOLUME 1, PAGES 48 Q 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO 320003 VOLUME 501, PAGE 228 D.R.N. C. T. TRACT 3 91.36 AC. VOLUME I, PAGES 48 h 49 MISCELLANEOUS IMP RECORDS NUECES COUNTY, TEXAS CLERKS OLE NO. 320003 VOLUME 501, PAGE 228 D.R.N.C.T. This the / day of H47 2012. f Forocio Oliveira State of Texas License No. 1415 LEGEND' M.R.N.C.T. I.R. I.P. FD --ROW- 1-H-H+H-1+ — PIPE — PL PL S 0047'23" E 40.00' N 88.39'16" E 406.98' 0.68 ACRES 5 67'35'46" E 136.57' N 88'39'16" E 200.01' N 00'47'34" W 40.00' PL / / / / / 8" AIR LIQUIDE GASLINE PL P1I S 88'39'16" 415.00' N 67'35'46" WI 136.57' S 88'39'16" W 191.99' POINT OF BEGINNING N 00'47'34' W 451.20 PL RL ENTERPRISE PETRO PIPEUNE W MAP RECORDS, NUECES COUNTY, TEXAS IRON ROD IRON PIN FOUND PROPERTY UNE RIGHT OF WAY SECTION UNE RAIL ROAD TRACKS UNOERGROUND PIPEUNE BOUNDARY OF LAND TO BE ACQUIRED MEXICAN RAIL ROAD --SECTION LINE 1111111iiiiii11111111i FD 1 I.P. SW CORNER OF TRACT 5 -\ 91.36 AC. TRACT \\� NOTES: • THIS MAP TO ACCOMPANY FIELD NOTE 0(50818RON SOURCE OF BEARING -TEXAS STATE PLANE TEXAS SOUTH 209E -4205 -IND 83 • AREA a 29,742.38 SO. FT., 0.68 AC. • THIS SURVEY IS SUBJECT TO ALL ENCUMBRANCES REFERENCED IN 1HE SCHEDULE 8 OF THE TTILE COMMnMENT PROVIDED BY THE CITY OF CORPUS CHRISTI (GUARANTY 7RLE SERVICES). M u L ea a Exhibit "B" EXHIBIT OF 0.68 AC. 29,742.36 SQ. F. OUT OF TRACT 2 REFERENCES: 91.36 ACRES, TRACT 2 VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228, O.R.N.C.T, 0 200 300 400 DATE: MAY 2012 LNV engineers 1 architects 1 contractors PA4 .M.• lY•v"gl LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi. Texas 78408 Field Note Description for a 0.19 acre tract of land, more or less, out of a called 91.36 acre tract of land known as Tract 1 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volutne 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a point for the southwest corner of said Tract 1, the southeast corner of a 91.36 acre tract of land known as Tract 2 of said V.M. Donigan 456.80 acre partition and the north right -of -way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 35' -04" West, 2920.80; Thence North 00 °- 47' -23" West, with the common boundary line of said Tract 1 and said Tract 2, a distance of 395.44 feet to a point for the southwest corner of the tract herein described and for the POINT OF BEGINNING; Thence Nortlt 000- 47'43" West, with the common boundary line of said Tract 1 and said Tract 2, a distance of 40.00 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 209.81 feet to a point, the Point of Curve of a non - tangent reverse curve to the right, on the west right -of -way line of Hopkins Road (r.o.w. varies), for the northeast corner of the tract herein described; Thence in a general southerly direction, with the arc of circular curve, whose Central Angle is 07 °- 46' -35 ", whose Radius is 312.94 feet, an Arc Distance of 42.47 feet to the Point of Tangency of said curve for a point in said west right -of -way line of Hopkins Road for the southeast comer of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 196.01 feet to a point in the conunon boundary line of said Tract 1 and said Tract 2 for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 0.19 (8,096.08 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces [, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared front information of record and from a survey made on the ground under my direction. This the day of /kid -c/ 2012. Horacio Oliveira State of Texas License No. 1415 Exhibit "C" PL PL SCALE: 1'=200' PI PL PL TRACT 1 91,36 AC, VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE N0. 320003 VOLUME 501, PAGE 228 PL TRACT 2 91.36 AC. PL VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 32000.3 VOLUME 501, PAGE 228 D R. N.C.T State of Texas County of Nuecee I, Horocio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., do hereby certify that the foregoing mop wos prepored from information of record and from a survey mode on the ground under my direction. This the / day of_Rof f' 2012. Horatio Oliveiro State of Texos License No. 1415 PL PL LEGEND: M.R.N.CT. I.R, I.P. FD PL - PL PL UNRECORDED ROAO DESIGN DRAWINGS PROVIDED DY CITY PL O U A=07' 46'35" R-312.94' T=21.27' L=42.47' 0.19 ACRES —ROVI- -PIPE— N 88'39'16" E 209.81' N 00'47'23" W 40.00' PL MAP RECORDS, NUECES COUNTY, TEXAS IRON ROD IRON PIN FOUND PROPERTY UNE RIGHT OF WAY SECTION UNE RAIL ROAD TRACKS BOUNDARY OF LAND TO BE ACQUIRED P ROW HOPKINS RD ROW S 88'39'16" 196.01' POINT OF BEGINNING N 00'47'23' Vl 395.44' W ED 1' LP. SIV CORNER OF TRACI 5 91.36 AC. TRACT NOTES' • THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION • SOURCE OF BEARING=TEXAS STATE PLANE TEXAS SOUTH ZONE -4205 -NAD 83 • AREA = 8,096.08 SO. FT., 0.19 AG. • THIS SURVEY IS SUBJECT TO ALL ENCUMBRANCES REFERENCED IN THE SCHEDULE B OF THE TITLE COMMITMENT PROVIDED BY THE CITY OF CORPUS CHRISTI (GUARANTY TITLE SERVICES). Exhibit "D" EXHIBIT OF 0.19 AC. 8,096.08 SQ. FT. OUT OF TRACT 1 REFERENCES: 91.36 ACRES, TRACT 1 VOLUME 1, PAGES 48 do 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE N0. 320003 VOLUME 501, PAGE 228, D,R.N.C.T. 0 200 300 400 DATE: MAY 2012 LNV engineers 1 architects 1 contractors DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division CCIA Runway Extension /Displacement, Parcels 3A, 3B NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Special Warranty Deed THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § That I, Rodney Blake Driskill, Individually and as Personal Representative of the Estate of Floye Burnham Driskill, deceased, 622 Linden Street, Trussville, County, State of Alabama, 35173 -3211, hereinafter called GRANTOR, is the owner of an undivided 11.04 acres, more or less, out of the 143.56 acre tract out of Tracts 1 and 2 of the 456.80 V.M. Donigan Partition situated in the City of Corpus Christi, County of Nueces, State of Texas, for and in consideration of the sum of Ten Dollars and no cents ($10.00) and other good and valuable consideration to it in hand paid by THE CITY OF CORPUS CHRISTI, a Texas Home Rule municipal corporation, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78403, hereinafter called GRANTEE, the receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, has this day sold, and by these presents does grant, bargain, sell and convey unto the said GRANTEE all my interest to that certain tract or parcel of land lying and being situated in the County of Nueces, State of Texas, more particularly described as follows to -wit: See the metes and bounds property descriptions attached hereto and made a part hereof for all purposes as Exhibits "A" and "C ". Maps showing the location of the acquisitions are attached hereto for all purposes as Exhibits "B" and «D„ Special Provisions: (1) The City of Corpus Christi agrees to convey to the Grantors an Access Easement along the access road being acquired by the City from Hopkins Road to the Grantors' west property line. This conveyance will be done once the City acquires full title to the subject right of way. Access along this road will be restricted to non - commercial type vehicles not to exceed 11,000 pounds in gross vehicle weight rating. (2) The City of Corpus Christi will place reinforced concrete paving along a section of this access road on both sides to allow any tenant farmer to cross from the one side to the other with their farming equipment which may exceed the 11,000 pounds in gross vehicle weight rating. If in the future the City fences the access road, gates will be installed at this location to provide access for the farmer to cross the paved .I: \GEN\ DEEDS \CCIA.Rodney Driski!l.Revised.doc Page I of 4 road. (3) Keys or combinations will be provided to the Grantors and tenant farmer for the gate to be placed at the entrance off of Hopkins Road. (4) The Grantors retain their undivided interest in the mineral rights under the property being conveyed to the City. This conveyance is made and accepted subject to any and all valid and effective encumbrances of record, other than any conveyance of the surface estate, mortgage or lien, affecting the hereinabove described property, including restrictive covenants, easements, rights -of -way, leases, mineral and/or royalty reservations previously reserved to predecessors in title or heretofore transferred or assigned, and/or oil and gas leases; and to zoning and regulatory ordinances outstanding and affecting the hereinabove described property. TO HAVE AND TO HOLD the above described premises herein conveyed, together with all and singular the rights and appurtenances thereto in anywise belonging to the said City of Corpus Christi, its successors and assigns, forever, and Grantors do hereby bind themselves, their successors and assigns, to warrant and forever defend all and singular the said premises herein conveyed against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the exceptions to conveyance and warranty. Grantee further acknowledges and agrees that the conveyance of the property as provided for herein is made on an AS IS, WHERE IS" condition and basis with all faults. IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of , 2012. 1 Rodney Blake Driskill, Individually and as Personal Representative of the Estate of Floye Burnham Driskill, deceased ACKNOWLEDGEMENT STATE OF ALABAMA COUNTY OF ShQ \b BE IT REMEMBERED, that on this yam` day of J..) ne. , 2012, before me the undersigned, a Notary Public in and for the County and State aforesaid, came Rodney Blake Driskill, Individually and as Personal Representative of the Estate ofFloye Burnham Driskill, deceased, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year last above written. Notary Pu lic My commission expires V\-- ,art °- ILL J: \GEN \DEEDS \CCIA.Rodney Driskill.Revised.doc Page 2 of 4 ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas on , 2012. GRANTEE: CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Ronald L. Olson, City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2012 by Ronald L. Olson as City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. [Seal] Notary Public in and for the State of Texas J: \GEN \DEEDS \CCIA.Rodney Driskill.Revised.doc Page 3 of 4 APPROVED AS TO LEGAL FORM, THIS 9(t&.. DAY OF 1144, , 2012. FOR THE CITY ATTORNEY By: �f�' Gi✓ .� Veronica Ocanas, Assistant City Attorney CITY LEGAL DEPARTMENT J: \GEN\DEEDS \CCIA.Rodney DriskilLRevised.doc Page 4 of 4 LNV, Inc. 801 Navigation Blvd_. Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 0.68 acre tract of land, more or Tess, out of a called 91.36 acre tract of land known as Tract 2 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a point for the southwest corner of said Tract 2, the southeast corner of Tract 3 of said V.M. Donigan 456.80 acre partition, and the north right -of -way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88°-34'-51" West, 2188.29 feet; Thence North 00 °- 47' -34" Nest, with the common boundary line of said Tract 2 and said Tract 3, a distance of 451.20 feet to a point for the southwest corner of the tract herein described and for the POINT OF BEGINNING; Thence North 00 °- 47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 40.00 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 200.01 feet to a point for an exterior corner of the tract herein described; Thence South 67 °- 35' -46" East, a distance of 13637 feet to a point for an interior corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 406.98 feet to a point in the east line of said Tract 2 and the west line of Trace 1 of said partition for the northeast corner of the tract herein described; Thence South 00 °- 47' -23" East, with the common boundary line of said Tract I and said Tract 2, a distance of 40.00 feet to a point for the southeast corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 415.00 feet to a point for an exterior corner of the tract herein described; Thence North 67 °- 35' -46" West, a distance of 136.57 feet to a point for an interior corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 191.99 feet to a point in the west line of said Tract 2 and the east line of said Tract 3 for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 0.68 (29,742.36 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County ofNucccs 1, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the L71 day of _ 2012. Horacio Oliveira a State of Texas License No. 14I 5 Exhibit "A" PL PL SCALE: 1"=200' PL PI TRACT 2 91.36 AC. VOLUME 1. PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228 D.R.N.C.T. State of Texas County of Nuecee 1, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV inc., do hereby certify that the foregoing map was prepared from information of record and tram a survey made on the ground under my direction. 91 11 PL TRACT 1 91 .36 AC. VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228 D.R N 1 TRACT 3 91.36 AC. VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228 0.R.N.C.T. This the 9' day of 11%41, 2012. orocio Oliveiray State of Texas License No. 1415 1: M.R.N.C.T. I.R. I. P, FD —PL.--. PL — PL PL S 00'47'23" E 40.00' / 988'39'16"E 406.98' 0.68 ACRES / S 6735'46" E 136.57' N 88'39'16` E 200.01' N 00'47'34" W 40.00' Pt 8' AIR UOUIDE GASUNE PL P4 S 88'39'16"1W 415.00' II N 67'35'46" Vf 136.57' Ir S 88'39'16" W 191.99' POINT OF BEGINNING N 00'47'34' P1 451.20 PL RL ENTERPRISE PETRO PIPELINE MAP RECORDS, NUECES COUNTY, TEXAS IRON ROD IRON PIN FOUND PROPERTY UNE --ROW— RIGHT OF WAY SECTION UNE T 111111 1 111 RAIL ROAD TRACKS —PIPE— UNOERGROUND PIPELINE BOUNDARY OF LAND TO RE ACOUIRED FD 1' I.P. TEXAS MEXICAN RAIL ROAD -SECTION LINE SPI 9TRACT 5 911.36.36 A AC.. TRACT 111.111!IIW11111ii-11111111181 NOTES: THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION SOURCE OF BEARING -TEXAS STATE PLANE TEXAS SOUTH 209E -4205 -NAD 83 • AREA •• 29,742.38 SO. FT., 0.68 AC. • THIS SURVEY IS SUBJECT TO ALL INC UMI3RANCES REFERENCED IN THE SCHEDULE B OF THE TTTLE COMMTT)JENT PROVIDED 81' THE CITY OF CORPUS CHRISTI (GUARANTY TITLE SERVICES). Exhibit "B" EXHIBIT OF 0.68 AC. 29,742.36 SQ. FT. OUT OF TRACT 2 REFERENCES: 91.36 ACRES, TRACT 2 VOLUME 1, PAGES 48 do 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228, O.R.N.C.T. 0 200 300 400 DATE: MAY 2012 LNV engineers I architects 1 contractors .M.. AAAA• op iw n. =El= LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 0.19 acre tract of land, more or less, out of a called 91.36 acre tract of' land known as Tract 1 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48 -49, Miscellaneous Map Records of Nieces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volutne 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a point for the southwest corner of said Tract 1, the southeast corner of a 91.36 acre tract of and known as Tract 2 of said V,M. Donigan 45680 acre partition and the north right -of -way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 35' -04" West, 2920.80; Thence North 00 °- 47' -23" West, with the common boundary line of said Tract 1 and said Tract 2, a distance of 395.44 feet to a point for the southwest corner of the tract herein described and for the POINT OF BEGINNING; Thence Nortlt 00 °- 47' -23" West, with the common boundary line of said Tract 1 and said Tract 2, a distance of 40.00 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 209.81 feet to a point, the Point of Curve of a non - tangent reverse curve to the right, on the west tight -of -way line of Hopkins Road (r.o.w. varies), for the northeast corner of the tract herein described; Thence in a general southerly direction, with the arc of circular curve, whose Central Angle is 070- 46' -35 ", whose Radius is 312.94 feet, an Are Distance of 42.47 feet to the Point of Tangency of said curve for a point in said west right -of -way line of Hopkins Road for the southeast corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 196.01 feet to a point in the conmton boundary line of said Tract 1 and said Tract 2 for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 0.19 (8,096.08 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces I, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared front information of record and from a survey made on the ground under my direction. This the day of Horacio Oliveira State of Texas License No. 1415 Exhibit "C" PL PL PL PL PL PL SCALE: 1'3200' PL TRACT 1 91.36 AC. VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FRE N0. 320003 VOLUME 501, PAGE 228 D.R.N.C.T. P1. ' TRACT 2 91.36 AC. VOLUL/E 1. PAGES 48 & 49 MISCELLANEOUS GAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE 140. 320003 VOLUME 501, PAGE 228 D. R. N. C. T. PL State of Texas County of Nueces 1, Horocio Oliveiro, o Registered Professional Land Surveyor, of LNY Inc., do hereby certify that the foregoing map was prepared from information of record and from o survey mode on the ground under my direction. This the / day of A 8 2012. Horocio Oliveiro Stote of Texos License No. 1415 PL LEGEND; I.R. h 2 S PL PL UNRECORDED ROAD DESIGN DRAWINGS PROVIDED DY CITY 0.19 ACRES N 88'39'16" E 209.81' N 00'47'23" W 40.00' PL PL a=0746'35" R=312.94' T=21.27' L=42.47' Rax HOPKINS RO RCA/ �S 88'39'16' W 196,01' PONT BfGINNIN C . N 00'47'23' 4/ 395.9 4'1 1 PL O 8 z 3 MAP RECORDS, NUECES COUNTY, TEXAS IRON ROD IRON PIN FD FOUND PROPERTY UNE —R00— RIGHT OF WAY SECTION UNE RAL ROAD TRACKS BOUNDARY OF LINO TO BE ACQUIRED —PL- PL-- --PIPE— --PIPE- :7; 3 e o to � N FO 1' I.P. SL'! 9TRACT 5 911 36 .36 AC.. TRACT NOTES. • • SOURCE OF BEARINCoTEXAS STATE PLANE TEXAS SOWN ZONE -4205 -NAD 83 THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION • AREA - 6.096.06 SQ. FT., 0.19 AC. • THIS SURVEY IS SUBJECT TO ALL ENCUMBRANCES REFERENCED IN THE SCHEDULE 8 OF THE TTTLE COMMITMENT PROVIDED BY THE CITY OF CORPUS CHRISTI (GUARANTY TITLE SERVICES). e, W a N z w 0 w¢ N Exhibit "D" EXHIBIT OF 0.19 AC. 8,096.08 SQ. FT. OUT OF TRACT 1 REFERENCES: 91.36 ACRES, TRACT 1 VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228, O.R.N.C.T. O 200 300 400 DATE: MAY 2012 LNV engineers I architects 1 contractors ,r.w.rrar .. C!1034... DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division CCIA Runway Extension/Displacement, Parcels 3A, 3B NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Special Warranty Deed THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § That I, Nancy Ogburn Dempsey, 229 Shoal Creek Way, Dallas, Paulding County, State of Georgia, 30132 -9787 , hereinafter called GRANTOR, is the owner of an undivided 11.04 acres, more or less, out of the 143.56 acre tract out of Tracts 1 and 2 of the 456.80 V.M. Donigan Partition situated in the City of Corpus Christi, County of Nueces, State of Texas, for and in consideration of the sum of Ten Dollars and no cents ($10.00) and other good and valuable consideration to it in hand paid by THE CITY OF CORPUS CHRISTI, a Texas Home Rule municipal corporation, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78403, hereinafter called GRANTEE, the receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, has this day sold, and by these presents does grant, bargain, sell and convey unto the said GRANTEE all my interest to that certain tract or parcel of land lying and being situated in the County of Nueces, State of Texas, more particularly described as follows to -wit: See the metes and bounds property descriptions attached hereto and made a part hereof for all purposes as Exhibits "A" and "C ". Maps showing the location of the acquisitions are attached hereto for all purposes as Exhibits "B" and «D» Special Provisions: (1) The City of Corpus Christi agrees to convey to the Grantors an Access Easement along the access road being acquired by the City from Hopkins Road to the Grantors' west property line. This conveyance will be done once the City acquires full title to the subject right of way. Access along this road will be restricted to non - commercial type vehicles not to exceed 11,000 pounds in gross vehicle weight rating. (2) The City of Corpus Christi will place reinforced concrete paving along a section of this access road on both sides to allow any tenant farmer to cross from the one side to the other with their farming equipment which may exceed the 11,000 pounds in gross vehicle weight rating. If in the future the City fences the access road, gates will be installed at this location to provide access for the farmer to cross the paved road. (3) Keys or combinations will be provided to the Grantors and tenant farmer for J: \GEN \DEEDS\CCIA.Nancy Dempsey.Revised.doc Page 1 of 4 the gate to be placed at the entrance off of Hopkins Road. (4) The Grantors retain their undivided interest in the mineral rights under the property being conveyed to the City. This conveyance is made and accepted subject to any and all valid and effective encumbrances of record, other than any conveyance of the surface estate, mortgage or lien, affecting the hereinabove described property, including restrictive covenants, easements, rights -of -way, leases, mineral and/or royalty reservations previously reserved to predecessors in title or heretofore transferred or assigned, and /or oil and gas leases; and to zoning and regulatory ordinances outstanding and affecting the hereinabove described property. TO HAVE AND TO HOLD the above described premises herein conveyed, together with all and singular the rights and appurtenances thereto in anywise belonging to the said City of Corpus Christi, its successors and assigns, forever, and Grantors do hereby bind themselves, their successors and assigns, to warrant and forever defend all and singular the said premises herein conveyed against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the exceptions to conveyance and warranty. Grantee further acknowledges and agrees that the conveyance of the property as provided for herein is made on an "AS IS, WHERE IS" condition and basis with all faults. IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of , 2012. Nancy 0 burn ti AUVI.S.Ati empsey ACKNOWLEDGEMENT STATE OF GEORGIA § COUNTY OF PAULDING § BE IT REMEMBERED, that on this `-t - day of ���A , 2012, before me the undersigned, a Notary Public in and for the County and State aforesaid, came Nancy Ogburn Dempsey, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year last above written. Notary Public My commission expires I 0 " 30 l 7- MICHELLE VANSCIV ER NOTARY PUBLIC FLOYD COUNTY, GEORGIA My Commission Expires 10 -30 -12 J: \GEN \DEEDS \CCIA.Nancy Dempsey.Revised.doc Page 2 of 4 ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas on , 2012. GRANTEE: CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Ronald L. Olson, City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2012 by Ronald L. Olson as City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. [Seal] Notary Public in and for the State of Texas J: \GEN \DEEDS \CCIA.Nancy Dempsey.Revised.doc Page 3 of 4 / ✓� DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division CCIA Runway Extension /Displacement, Parcels 3A, 3B NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Special Warranty Deed THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § That I, Nancy Ogburn Dempsey, 229 Shoal Creek Way, Dallas, Paulding County, State of Georgia, 30132 -9787 , hereinafter called GRANTOR, is the owner of an undivided 11.04 acres, more or less, out of the 143.56 acre tract out of Tracts 1 and 2 of the 456.80 V.M. Donigan Partition situated in the City of Corpus Christi, County of Nueces, State of Texas, for and in consideration of the sum of Ten Dollars and no cents ($10.00) and other good and valuable consideration to it in hand paid by THE CITY OF CORPUS CHRISTI, a Texas Home Rule municipal corporation, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78403, hereinafter called GRANTEE, the receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, has this day sold, and by these presents does grant, bargain, sell and convey unto the said GRANTEE all my interest to that certain tract or parcel of land lying and being situated in the County of Nueces, State of Texas, more particularly described as follows to -wit: See the metes and bounds property descriptions attached hereto and made a part hereof for all purposes as Exhibits "A" and "C ". Maps showing the location of the acquisitions are attached hereto for all purposes as Exhibits "B" and Special Provisions: (1) The City of Corpus Christi agrees to convey to the Grantors an Access Easement along the access road being acquired by the City from Hopkins Road to the Grantors' west property line. This conveyance will be done once the City acquires full title to the subject right of way. Access along this road will be restricted to non - commercial type vehicles not to exceed 11,000 pounds in gross vehicle weight rating. (2) The City of Corpus Christi will place reinforced concrete paving along a section of this access road on both sides to allow any tenant farmer to cross from the one side to the other with their farming equipment which may exceed the 11,000 pounds in gross vehicle weight rating. If in the future the City fences the access road, gates will be installed at this location to provide access for the farmer to cross the paved road. (3) Keys or combinations will be provided to the Grantors and tenant farmer for J: \GEN\DEEDS \CCIA.Nancy Dempsey.Revised.doc Page I of 4 the gate to be placed at the entrance off of Hopkins Road. (4) The Grantors retain their undivided interest in the mineral rights under the property being conveyed to the City. This conveyance is made and accepted subject to any and all valid and effective encumbrances of record, other than any conveyance of the surface estate, mortgage or lien, affecting the hereinabove described property, including restrictive covenants, easements, rights -of -way, leases, mineral and/or royalty reservations previously reserved to predecessors in title or heretofore transferred or assigned, and /or oil and gas leases; and to zoning and regulatory ordinances outstanding and affecting the hereinabove described property. TO HAVE AND TO HOLD the above described premises herein conveyed, together with all and singular the rights and appurtenances thereto in anywise belonging to the said City of Corpus Christi, its successors and assigns, forever, and Grantors do hereby bind themselves, their successors and assigns, to warrant and forever defend all and singular the said premises herein conveyed against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the exceptions to conveyance and warranty. Grantee further acknowledges and agrees that the conveyance of the property as provided for herein is made on an "AS IS, WHERE IS" condition and basis with all faults. IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of �IvLs�_ , 2012. ( Nancy 0 r empsey 4/1114-4 ACKNOWLEDGEMENT STATE OF GEORGIA COUNTY OF PAULDING BE IT REMEMBERED, that on this `-t_ day of ��V- , 2012, before me the undersigned, a Notary Public in and for the County and State aforesaid, came Nancy Ogburn Dempsey, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year last above written. Notary Public My commission expires ' 0 " 60 l Z MICHELLE VANSCIVE.R NOTARY PUBLIC FL.OYD COUNTY, GEORGIA My Commission Expires 10 -30 -12 J:1GEN\ DEEDS \CCIA.Nancy Dempsey.Revised.doc Page 2 of 4 ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas on , 2012. GRANTEE: CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Ronald L. Olson, City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on , 2012 by Ronald L. Olson as City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. [Seal] Notary Public in and for the State of Texas J: \GEN \DEEDS \CCIA.Nancy Dempsey.Revised.doc Page 3 of 4 APPROVED AS TO LEGAL FORM, THIS C(J D �-- DAY OF FOR THE CITY ATTORNEY By: Veronica Ocanas, Assistant City Attorney CITY LEGAL DEPARTMENT J: \GEN\DEEDS \CCIA.Nancy Dempsey.Revised.doc Page 4 of 4 , 2012. LNV, Inc. 801 Navigation Blvd_, Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 0.68 are tract of land, more or Tess, out of a called 91.36 acre tract of land known as Tract 2 of the V.M. Donigan 456.80 acre partition as recorded in Volume I, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a point for the southwest comer of said Tract 2, the southeast corner of Tract 3 of said V.M. Donigan 456.80 acre partition, and the north right -of -way line of the Texas Mexican Railroad front which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 34' -5I" \'Vest, 2188.29 feel; Thence North 000- 47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 451,20 feet to a point for the southwest corner of the tract herein described and for the POINT OF BEGINNING; Thence North 00 °- 47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 40.00 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 200.01 feet to a point for an exterior corner of the tract herein described; Thence South 67 °- 35' -46" East, a distance of 136.57 feet to a point for an interior confer of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 406.98 feet to a point in the east line of said Tract 2 and the west line of Tract 1 of said partition for the northeast corner of the tract herein described; Thence South 00 °- 47' -23" East, with the common boundary Tine of said Tract 1 and said Tract 2, a distance of 40.00 feet to a point for the southeast corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 415.00 feet to a point for an exterior corner of the tract herein described; Thence North 67 °- 35' -46" West, a distance of 136.57 feet to a point for an interior corner of the tract herein described; Thence South 88°- 39' -16" West, a distance of 191.99 feet to a point in the west line of said Tract 2 and the east line of said Tract 3 for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 0.68 (29,742.36 Square Feet) acres of land. Bearings are based on Texas Stale Plane Zone 4205 NAD 83. State of Texas County of Nncccs I, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the __ day of _ �'1 2012. Horatio Oliveira State of Texas License No. 1415 Exhibit "A" PL — PL SCALE: 1"=200' PL PL PI TRACT 2 91.36 AC. VOLUME 1, PAGES 48 k 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY. TEXAS CLERKS FILE N0. 320003 VOLUME 501, PACE 226 D.R.N.C.T. State of Texas County of Nuecea I, Horacio Oliveira, o Registered Professional Land Surveyor, of LNV Ina., do hereby certify that the foregoing map was prepared from information of record and from o survey mode on the ground under my direction. PL PL PL TRACT 1 91.36 AC. VOLUME 1, PAGES 48 tc 49 IUSCELLANEOUS IAA' RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228 D. R.N.C. T. TRACT 3 91.36 AC. VOLUME 1, PAGES 48 & 49 IAISCELLANEOUS IAAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228 D.R.N,C.T, This the 9 day of .Aggfir 2012. orocio Oliveira State of Texas License No. 1415 PL PL S 00'47'23" E 40.00' N 88'39'16" E 406.98' 0.68 ACRES S 67'35'46" E 136.57' N 88'39'16" E 200.01' N 00'47'34" W 40.00' PL PL P4 S 88'39'16"5.00 415.0 ' ' N 67'35'46" 15 136.57' S 88'39'16" W 191.99' POINT OF BEGINNING N 0047'34' 0 Pl B' AIR LIOUIDE GASUNE LEGEND. M.R.N.C.T. MAP RECORDS, NUECES COUNTY, TEXAS I.R. IRON ROD LP. IRON PN FD FOUND —Pt-- PROPERTY UNE —900— RIGHT OF WAY SECDON UNE 1111111111! RAIL ROAD TRACKS —PIPE— UNOERGROUND PIPEUNE BOUNDARY OF LAND TO BE ACQUIRED 7.7 w 44 2 zd — W -SECTION LINE 451.20 ENTERPRISE PETRO PIPEUNE FD 1' I.P. SO CORNER OF TRACT 5 91.36 AC. TRACT NOTES' • THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION SOURCE OF SEARING -TEXAS STATE PLANE TEXAS SOUTH ZONE -4205 -NAD 83 • AREA m 29,742.36 5O. FT., 0.68 AC. • THIS SURVEY IS SUBJECT TO ALL ENCUMBRANCES REFERENCED IN 114E SCHEDULE B OF THE T1TLE COMMITMENT PROVIDED BY THE CITY OF CORPUS CHRISTI (GUARANTY TITLE SERVICES). lilfll1111V(If.`UHllli+� Exhibit "B" EXHIBIT OF 0.68 AC. 29,742.36 SQ. FT. OUT OF TRACT 2 REFERENCES: 91.36 ACRES, TRACT 2 VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228, 0.R.N.C.T. 0 200 300 400 DATE: MAY 2012 LNV engineers I architects 1 contractors •M•w•PN� lYYM[d LNV, Inc. 801 Navigation Bivd., Suite 200 Corpus Christi. Texas 78408 Field Note Description for a 0.19 acre tract of land, more or less, out of a called 91.36 acre tract of land known as Tract 1 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a point for the southwest corner of said Tract 1, the southeast corner of a 91.36 acre tract of land known as Tract 2 of said V.M. Donigan 456.80 acre partition and the north right -of -way line of the Texas Mexican Railroad from which a I" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 35' -04" West, 2920.80; Thence North 00 °- 47' -23" West, with the common boundary line of said Tract 1 and said Tract 2, a distance of 395.44 feet to a point for the southwest corner of the tract herein described and for the POINT OF BEGINNING; Thence North 00 °47'43" West, with the common boundary line of said Tract 1 and said Tract 2, a distance of 40.00 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 209.81 feet to a point, the Point of Curve of a non - tangent reverse curve to the right, on the west right -of -way line of Hopkins Road (r.o.w. varies), for the northeast corner of the tract herein described; Thence in a general southerly direction, with the arc of circular curve, whose Central Angle is 07 °- 46' -35 ", whose Radius is 312.94 feet, an Arc Distance of 42.47 feet to the Point of Tangency of said curve for a point in said west right -of -way line of Hopkins Road for the southeast corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 196.01 feet to a point in the conuuon boundary line of said Tract 1 and said Tract 2 for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or Tess 0.19 (8,096.08 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces I, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the day of /' ' 2012. Horacio Oliveira State of Texas License No. 1415 Exhibit "C" PL PL SCALE: 1"=200' L P1 PL PL PL TRACT 1 91.36 AC. VOLUME 1, PAGES 48 ee 49 MISCELLANEOUS MAP RECOROS NUECES COUNTY, TEXAS CLERKS FRE 140. 320003 VOLUME 501, PAGE 228 D.R.N.C.T. P1 TRACT 2 91.36 AC. PL VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNT', TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228 D. R. N.C.T. State of Texas County of Notices 1, Horocio Oliveira, o Registered Prof essionol Land Surveyor, of LNV ins., do hereby certify that the foregoing mop was prepared from information of record and from a survey mode on the ground under my direction. This the I ' day of /NA i 2012. Horocio Oliveira State of Texas License No. 1415 PL PL I EGEND• M.R.N.C.T. I.R. I.P. FD PL — PL UNRECORDED ROAD DESIGN DRAWINGS PROVIOED DY CIN PL — 6=07'46'35" R=312.94' T=21.27' L=42.47' PL \--- R0'N 4�W HOPKINS RD N 88'39' 16" E Rax1 S B8'39'16" W 209.81' 196,01' POINT OF N 00'47'23" W BEGINNING 4D.00' N 00'47'23" 14 r -T 395.44' +� PL PL PL PI, I 1 0.19 ACRES MAP RECORDS, NUECES COUNTY, TEXAS IRON R00 IRON PIN FOUNO —PL-- PROPERTY UNE —ROW— RIGHT OF WAY SECTION UNE PIPE— RAIL ROAD TRACKS BOUNDARY OF LAND TO BE ACQUIRED FO 1" LP, SW CORNER OF TRACT 5 91.36 AC, TRACT NOTES. • • SOURCE OF BEARING=TEXAS STATE PLANE TEXAS SOUTH TONE -4205 -NAD 83 MIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION • AREA - 8,088.08 S0. FT., 0.19 AC. • THIS SURVEY IS SUBJECT TO ALL ENCUMBRANCES REFERENCEO IN THE SCHEDULE B OF THE TIRE COMMITMENT PROVIDED BY THE CITY OF CORPUS CHRISTT (GUARANTY TIRE SERVICES). Exhibit "D" EXHIBIT OF 0.19 AC. 8,096.08 SQ. FT. OUT OF TRACT 1 REFERENCES: 91.36 ACRES, TRACT 1 VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE NO, 320003 VOLUME 501, PAGE 228, D.R.N.C.T. 0 200 300 400 DATE: MAY 2012 LNV engineers architects contractorst,rr1aaa1,�c�tors vac � DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division CCIA Runway Extension/Displacement, Parcels 3A, 3B NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Special Warranty Deed THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § That I, Jarma Dawn Aycox, Individually and as Personal Representative of the Estate of Jeanette S. Burnham, deceased, 1155 Chemstrand Road, Cantonment, Escambia County, State of Florida, 32533 -8919 , hereinafter called GRANTOR, is the owner of an undivided 3.68 acres, more or less, out of the 143.56 acre tract out of Tracts 1 and 2 of the 456.80 V.M. Donigan Partition situated in the City of Corpus Christi, County of Nueces, State of Texas, for and in consideration of the sum of Ten Dollars and no cents ($10.00) and other good and valuable consideration to it in hand paid by THE CITY OF CORPUS CHRISTI, a Texas Home Rule municipal corporation, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78403, hereinafter called GRANTEE, the receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, has this day sold, and by these presents does grant, bargain, sell and convey unto the said GRANTEE all my interest to that certain tract or parcel of land lying and being situated in the County of Nueces, State of Texas, more particularly described as follows to -wit: See the metes and bounds property descriptions attached hereto and made a part hereof for all purposes as Exhibits "A" and "C ". Maps showing the location of the acquisitions are attached hereto for all purposes as Exhibits "B" and Special Provisions: (1) The City of Corpus Christi agrees to convey to the Grantors an Access Easement along the access road being acquired by the City from Hopkins Road to the Grantors' west property line. This conveyance will be done once the City acquires full title to the subject right of way. Access along this road will be restricted to non - commercial type vehicles not to exceed 11,000 pounds in gross vehicle weight rating. (2) The City of Corpus Christi will place reinforced concrete paving along a section of this access road on both sides to allow any tenant farmer to cross from the one side to the other with their farming equipment which may exceed the 11,000 pounds in gross vehicle weight rating. If in the future the City fences the access road, gates will be installed at this location to provide access for the farmer to cross the paved J: \GEN \DEEDS \CCIA.Jarma Aycox.Revised.doc Page 1 of 4 road. (3) Keys or combinations will be provided to the Grantors and tenant farmer for the gate to be placed at the entrance off of Hopkins Road. (4) The Grantors retain their undivided interest in the mineral rights under the property being conveyed to the City. This conveyance is made and accepted subject to any and all valid and effective encumbrances of record, other than any conveyance of the surface estate, mortgage or lien, affecting the hereinabove described property, including restrictive covenants, easements, rights -of -way, leases, mineral and/or royalty reservations previously reserved to predecessors in title or heretofore transferred or assigned, and/or oil and gas leases; and to zoning and regulatory ordinances outstanding and affecting the hereinabove described property. TO HAVE AND TO HOLD the above described premises herein conveyed, together with all and singular the rights and appurtenances thereto in anywise belonging to the said City of Corpus Christi, its successors and assigns, forever, and Grantors do hereby bind themselves, their successors and assigns, to warrant and forever defend all and singular the said premises herein conveyed against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the exceptions to conveyance and warranty. Grantee further acknowledges and agrees that the conveyance of the property as provided for herein is made on an "AS IS, WHERE IS" condition and basis with all faults. IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of �u nt sr , 2012. ..Dawn Aycox, Individually an as Personal Representative of the Estate of Jeanette S. Burnham, deceased ACKNOWLEDGEMENT STATE OF FLORIDA § COUNTY OF ESCAMBIA § BE IT REMEMBERED, that on this 5f day of Tun 17. , 2012, before me the undersigned, a Notary Public in and for the County and State aforesaid, came Jarma Dawn Aycox, Individually and as Personal Representative of the Estate of Jeanette S. Burnham, deceased, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year last above written. Notary PulJlic My commission expires Tu + 40:4= . !ARM C. RIJB MY COMMISSION # EO EXPIRES: July 12,2014 %For 8adid ibu WOO NW kale J: \GFN \DEEDS \CCIA.Jarma Aycox.Revised.doc Page 2 of 4 ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas on , 2012. GRANTEE: CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Ronald L. Olson, City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on , 2012 by Ronald L. Olson as City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. [Seal] Notary Public in and for the State of Texas J: \GEN \DEEDS \CC[A.Jarma Aycox. Revised.doc Page 3 of4 APPROVED AS TO LEGAL FORM, THIS By: Veronica Ocanas, Assistant City Attorney CITY LEGAL DEPARTMENT DAY OF FOR THE CITY ATTORNEY J: \GEN \DEEDS \CCIA.Jarma Aycox.Revised.doc Page 4 of 4 , 2012. LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi. Texas 78408 Field Note Description for a 0.68 acre tract of land, more or less, out of a called 91.36 acre tract of land known as Tract 2 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a point for the southwest corner of said Tract 2, the southeast corner of Tract 3 of said V.M. Donigan 456.80 acre partition, and the north right -of -way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 34' -5I" West, 2188.29 feet; Thence North 00 °- 47' -34" \Vest, with the common boundary line of said Tract 2 and said Tract 3, a distance of451.20 feet to a point for the southwest corner of the Tract herein described and for the POINT OF BEGINNING; Thence North 00 °- 47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 40.00 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 200.01 feet to a point for an exterior corner of the tract herein described; Thence South 67 °- 35' -46" East, a distance of 136.57 feet to a point for an interior corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 406.98 feet to a point in the east line of said Tract 2 and the west line of Tract 1 of said partition for the northeast corner of the tract herein described; Thence South 00 °- 4D -23" East, with the common boundary line of said Tract 1 and said Tract 2, a distance of 40.00 feet to a point for the southeast corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 415.00 feet to a point for an exterior corner of the tract herein described; Thence North 67 °- 35' -46" West, a distance of 136.57 feet to a point for an interior corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 191.99 feet to a point in the west line of said Tract 2 and the east line of said Tract 3 for the southwest corner of the herein described easement and for the POINT OF BEGINNING, Containing more or less 0.68 (29,742.36 Square Feet) acres of land. Bearings are based on Texas Stale Plane Zone 4205 NAD 83. State of Texas County of Nucccs 1, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the ` /7/ day of 2012. Horacio Oliveira�J� State of Texas License No. 1415 Exhibit ItA" PL PL SCALE: 1"=200' PL PL TRACT 2 91.36 AC. VOLUME I, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE N0. 320003 VOLUME 501, PAGE 228 D.R.N.C.T. State of Texas County of Nueces I, Horocio Oliveiro, a Registered Professional Land Surveyor, of LNV Inc., do hereby certify that the foregoing mop was prepared from information of record and from o survey mode on the ground under my direction. PL PL TRACT 1 91.36 AC, — VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE N0. 320003 VOLUME 501, PAGE 228 D.R. N.C. T. TRACT 3 91.36 AC. VOLUME I, PAGES 48 & 49 MISCELLANEOUS IMP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228 D.R.N.C.T. This the / doy of it147 2012. orocio Oliveira' State of Texas License No. 1415 LEGEND. M.R.N.CT. I.R. I.P. FD —PL-- RO1V— 11111111111 — PIPE — PL Pizy S 00'47'23" E 40.00' N 88'39'16" E --N 406.98' 0.68 ACRES S 67'35'46" E 136.57' N 88'39'16" E 200.01' N 00'47'34" W 40.00' PL 8' AIR LIQUIDE GASLINE MAP RECORDS, NUECES COUNTY, TEXAS IRON ROD IRON PIN FOUND PROPERTY UNE 81000 OF WAY SECTION UNE RAIL ROAD TRACKS UNDERGROUND PIPELINE BOUNDARY OF LU40 TO BE ACOUIRED 44, NOTES• PL S 88'39'16" 415.00' N 67'35'46" V) 136.57' S 88'39'16" W 191.99' P01M Of BEGINNING N 00'47'34' 05 PL RL ENTERPRISE PETRO PIPELINE W 451.20 SECTION UNE 0 "S" co N FD 1" I.P. SW CORNER OF TRACT 5� 91.36 AC. TRACT • THIS IMP TO ACCOMPANY FIELD NOTE OESCRIPTION • • • SOURCE OF BEARING -TEXAS STATE PLANE TEXAS SOUTH ZONE -4205 -MAO 83 AREA •• 29,742.38 50. FT., 0.68 AC. 71115 SURVEY 15 SUBJECT TO ALL ENCUMBRANCES REFERENCED IN THE SCHEDULE B OF THE TITLE COMPONENT PROVIDED BY THE CITY OF CORPUS CHRISTI (GUARANTY TIRE SERVICES). Exhibit "B" EXHIBIT OF 0.68 AC. 29,742.36 SQ. FT. OUT OF TRACT 2 REFERENCES: 91.36 ACRES, TRACT 2 VOLUME 1, PAGES 48 do 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE N0. 320003 VOLUME 501, PAGE 228, D.R.N.C.T. 200 300 400 � 1 DATE: MAY 2012 LNV engineers 1 architects contractors LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 0.19 acre tract of land, more or less, out of a called 91.36 acre tract of land known as Tract 1 of the V.M. Donigan 456.80 acre partition as recorded in Volume I, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a point for the southwest corner of said Tract 1, the southeast corner of a 91.36 acre tract of land known as Tract 2 of said V.M. Donigan 456.80 acre partition and the north right -of -way I ine of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 35' -04" West, 2920.80; Thence North 00 °- 47' -23" West, with the common boundary line of said Tract 1 and said Tract 2, a distance of 395.44 feet to a point for the southwest corner of the tract herein described and for the POINT OF BEGINNING; Thence North 00 °- 47' -23" West, with the common boundary line of said Tract 1 and said Tract 2, a distance of 40.00 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 209.81 feet to a point, the Point of Curve of a non - tangent reverse curve to the right, on the west right -of -way line of Hopkins Road (r.o.w. varies), for the northeast corner of the tract herein described; Thence in a general southerly direction, with the arc of circular curve, whose Central Angle is 07 °- 46' -35 ", whose Radius is 312.94 feet, an Arc Distance of 42.47 feet to the Point of Tangency of said curve for a point in said west right -of -way line of Hopkins Road for the southeast corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 196.01 feet to a point in the common boundary line of said Tract 1 and said Tract 2 for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 0.19 (8,096.08 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces 1, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the day of 41 y 2012. Horacio Oliveira 7-f)fx-c State of Texas License No. 1415 Exhibit "C" PL PL SCALE: 1"=200' PL PL TRACT 1 91.36 AC, VOLUME 1. PAGfES 48 &4RECORDS9 MISCELLANEOUS NUECES COUNTY, TEXAS CLERKS FILE 140. 320003 VOLUME 501, PAGE 228 PL -- TRACT 2 91 .36 AC. PC VOLUME 1, PAGES 46 & 49 MISCELLANEOUS IJAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501. PAGE 228 D R.N.0 T State of Texas County of NUeces I, Horocio Oliveira, a Rdosherebytered Pcertifyolhot the nol Land Surveyor, of NV foregoing moppwass prepared from information of record and from a survey mode on the ground under my direction. This the Y '� q. da of a u 2012. Horocio Oliveira 14-15 State of Texos License No. PL - PL PL UNRECORDED ROAO DESIGN DRAWINGS PROVIDED OY CRY 0.19 ACRES N 88'39' 16" E 209.81' A=0746'35" R=312.94' T=21.27' L=42.47' �J- ROI!HOPKINS RD RO,/ S 88'39'16" W 196.01' POINT OF BEGINNING N 00'47'23' W 395.44' PI, III N 00'47'23" W 40.00' PL - PL M.R.N.C.T. MAP RECORDS, NUECES COUNTY, TEXAS I.R. IRON ROD I.P. IRON PIN FO FOUND —PL--- PROPERTY UNE —ROW— RIGHT DF WAY —. _ — SECTION UNE -PIPE- RAIL ROAD TRACKS BOUNDARY OF LAND TD BE ACOUIREO PL FD 1' LP, SW CORNER OF TRACT 5 91.36 AC. TRACT NOTES' THIS MAP TO ACCOMPANY FIEL0 NOTE DESCRIPTION • SOURCE OF BEARING=TEXAS STATE PLANE TEXAS SOUTH ZONE -4205 -NAD 83 • AREA - 8,096.08 SQ. FT., 0.19 AC. • 11115 SURVEY IS SU6JECT TO ALL ENCUMBRANCES REFERENCED IN THE SCHEDULE 0 OF 114E TITLE COMMITMENT PROVIDED BY THE CRY OF CORPUS CHRISTI (GUARANTY 04TLE SERVICES). CO rig a 401 MEN X W EXHIBIT OF 0.19 AC. 8,096.08 SQ. FT. OUT OF TRACT 1 REFERENCES: 91.36 ACRES, TRACT 1 VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228, D.R.N.C.T. 0 200 300 400 DATE: MAY 2012 LNV engineers 1 architects 1 contractors .Rr:S r aa DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division CCIA Runway Extension /Displacement, Parcels 3A, 3B NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Special Warranty Deed THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § That I, David Eugene Burnham, 1359 Albany Avenue, Saint Paul, Ramsey County, State of Minnesota, 55108 -2502, hereinafter called GRANTOR, is the owner of an undivided 3.68 acres, more or less, out of the 143.56 acre tract out of Tracts 1 and 2 of the 456.80 V.M. Donigan Partition situated in the City of Corpus Christi, County of Nueces, State of Texas, for and in consideration of the sum of Ten Dollars and no cents ($10.00) and other good and valuable consideration to it in hand paid by THE CITY OF CORPUS CHRISTI, a Texas Horne Rule municipal corporation, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78403, hereinafter called GRANTEE, the receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, has this day sold, and by these presents does grant, bargain, sell and convey unto the said GRANTEE all my interest to that certain tract or parcel of land lying and being situated in the County of Nueces, State of Texas, more particularly described as follows to -wit: See the metes and bounds property descriptions attached hereto and made a part hereof for all purposes as Exhibits "A" and "C ". Maps showing the location of the acquisitions are attached hereto for all purposes as Exhibits "B" and «D„ Special Provisions: (1) The City of Corpus Christi agrees to convey to the Grantors an Access Easement along the access road being acquired by the City from Hopkins Road to the Grantors' west property line. This conveyance will be done once the City acquires full title to the subject right of way. Access along this road will be restricted to non - commercial type vehicles not to exceed 11,000 pounds in gross vehicle weight rating. (2) The City of Corpus Christi will place reinforced concrete paving along a section of this access road on both sides to allow any tenant farmer to cross from the one side to the other with their farming equipment which may exceed the 11,000 pounds in gross vehicle weight rating. If in the future the City fences the access road, gates will be installed at this location to provide access for the farmer to cross the paved road. (3) Keys or combinations will be provided to the Grantors and tenant farmer for J: \GEN\DEEDS \CCIA.David Bumham.Revised.doc Page I of 4 the gate to be placed at the entrance off of Hopkins Road. (4) The Grantors retain their undivided interest in the mineral rights under the property being conveyed to the City. This conveyance is made and accepted subject to any and all valid and effective encumbrances of record, other than any conveyance of the surface estate, mortgage or lien, affecting the hereinabove described property, including restrictive covenants, easements, rights -of -way, leases, mineral and/or royalty reservations previously reserved to predecessors in title or heretofore transferred or assigned, and /or oil and gas leases; and to zoning and regulatory ordinances outstanding and affecting the hereinabove described property. TO HAVE AND TO HOLD the above described premises herein conveyed, together with all and singular the rights and appurtenances thereto in anywise belonging to the said City of Corpus Christi, its successors and assigns, forever, and Grantors do hereby bind themselves, their successors and assigns, to warrant and forever defend all and singular the said premises herein conveyed against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the exceptions to conveyance and warranty. Grantee further acknowledges and agrees that the conveyance of the property as provided for herein is made on an "AS IS, WHERE IS" condition and basis with all faults. IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of '5 (3c9 , 20 2. David ugene Burnham ACKNOWLEDGEMENT STATE OF MINNESOTA § COUNTY OF RAMSEY § BE IT REMEMBERED, that on this�0 day of NC\,q , 2012, before me the undersigned, a Notary Public in and for the County and S ate aforesaid, came David Eugene Burnham, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same. IN ITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year last ab • ve writte fkA aryPugic My commission expires 011 31(Z-0I LO LORENA AGUILAR NOTARY PUBUC - MINNESOTA MY COMMISSION EXPIRES 01/31/16 J: \GEN \ DEEDS \CC[A.David Burnham.Revised.doc Page 2 of 4 ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas on , 2012. GRANTEE: CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Ronald L. Olson, City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on , 2012 by Ronald L. Olson as City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. [Seal] Notary Public in and for the State of Texas J: \GEN \DEEDS \CCIA.David Burnham.Revised.doc Page 3 of4 APPROVED AS TO LEGAL FORM, THIS QK DAY OF By: FOR THE CITY ATTORNEY Veronica Ocanas, Assistant City Attorney CITY LEGAL DEPARTMENT J: \GEN\DEEDS \CCIA.David Burnham.Revised.doc Page 4 of 4 , 2012. LNV, Inc. 801 Navigation Blvd.. Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 0.68 acre tract of land, more or less, out of a called 91.36 acre tract of and known as Tract 2 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a point for the southwest corner of said Tract 2, the southeast corner of Tract 3 of said V.M. Donigan 456.80 acre partition, and the north right -of -way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 34' -51" West, 2188.29 feet; Thence North 00 °- 47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 451.20 feet to a point for the southwest corner of the tract herein described and for the POINT OF BEGINNING; Thence North 00 °- 47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 40.00 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 200.01 feet to a point for an exterior corner of the tract herein described; Thence South 67 °- 35' -46" East, a distance of 136.57 feet to a point for an interior corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 406.98 feet to a point in the east line of said Tract 2 and the west line of Tract 1 of said partition for the northeast corner of the tract herein described; Thence South 00 °- 47' -23" East, with the common boundary line of said Tract 1 and said Tract 2, a distance of 40.00 feet to a point for the southeast corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 415.00 feet to a point for an exterior corner of the tract herein described; Thence North 67 °- 35' -46" West, a distance of 136.57 feet to a point for an interior corner of the tract herein described; Thcncc South 88 °- 39' -16" West, a distance of 191.99 feet to a point in the west line of said Tract 2 and the east line of said Tract 3 for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 0.68 (29,742.36 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAO 83. State of Texas County ofNucccs 1, Horncio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the 71 day of 2012. Her Oliveira State of Texas License No. 1415 Exhibit l'A" PL PL SCALE: 1"=200' PL PL TRACT 2 91.36 AC. VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, IDEAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228 O.R.N.C.T. State of Texas County of Nueces 1, Horocio Oliveiro, o Registered Professional Land Surveyor, of LNV Inc., do hereby certify that the foregoing map was prepared from information of record and from a survey made on the ground under my direction. PL PL TRACT 1 91.36 AC. VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE N0. 320003 VOLUME 501, PAGE 228 D RN.C. T. TRACT 3 91.36 AC. VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501. PAGE 228 D.R.N.C.T. This the 9'' day of /%4y 2012. - orocio Oliveiray State of Texas License No. 1415 LEGEND. M.R.N.C.T. .R. I.P. FD �P1 - -ROW PL PL S 00'47'23" E 40.00' N 8406.98 ' E 406.9' 0.68 ACRES S 67'35'46" E 136.57' N 81 E 200. 200.01'' N 00'47'34" W 40.00' PL 8" AIR LIOUME-77 GASLINE / / / / / MAP RECORDS, NUECES COUNTY, TEXAS IRON ROD IRON PIN FOUND PROPERTY UNE RIGHT OF WAY SECTION UNE 11111111111 RAIL ROAD TRACKS PIPE— UNDERGROUND PIPELINE BOUNDARY OF LAND TO BE ACQUIRED PL P4 S 88'39'16" W 415.00' N 67'35'46" 4 136.57' S 88'39'16" W 191.99' POINT OF BEGINNING N 00'47'34" 1Y PLOIL 451.20 ENTERPRISE PETRO PIPELINE FD 1" I.P. 5W CORNER OF TRACT 5 91.36 AC. TRACT o = = U w SECTION LINE NOTES: • THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION SOURCE OF BEARING.,TEXAS STATE PLANE TEXAS SOUTH ZONE -4205 -NAD 83 • AREA •• 29,742.38 S0. FT., 0.66 AC. • THIS SURVEY 15 SUBJECT TO ALL ENCUAIBRN4CES REFERENCED IN THE SCHEDULE B OF THE TITLE COMMITMENT PROVIDED BY THE CRY OF CORPUS CHRISTI (GUARANTY TITLE SERVICES). 4 M L a Exhibit"B" EXHIBIT OF 0.68 AC. 29,742.36 SQ. FT. OUT OF TRACT 2 REFERENCES: 91.36 ACRES, TRACT 2 VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228, O.R.N.C.T. 0 200 300 400 DATE: MAY 2012 LNV engineers I architects I contractors IMI�•IpNY •YY•CCW LNV, Inc. 801 Navigation Slvd., Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 0.19 acre tract of land, more or less, out of a called 9136 acre tract of land known as Tract 1 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a point for the southwest corner of said Tract 1, the southeast corner of a 91.36 acre tract of land known as Tract 2 of said V.M. Donigan 456.80 acre partition and the north right -of -way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88 °- 35'•04" West, 2920.80; Thence North 00 °- 47' -23" West, with the common boundary line of said Tract 1 and said Tract 2, a distance of 395.44 feet to a point for the southwest corner of the tract herein described and for the POINT OF BEGINNING; Thence North 00 °- 47' -23" West, with the common boundary line of said Tract 1 and said Tract 2, a distance of 40.00 feet to a point for the northwest corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 209.81 feet to a point, the Point of Curve of a non - tangent reverse curve to the right, on the west right -of -way line of Hopkins Road (r.o.w. varies), for the northeast corner of the tract herein described; Thence in a general southerly direction, with the arc of circular curve, whose Central Angle is 07 °- 46' -35 ", whose Radius is 312.94 feet, an Arc Distance of 42.47 feet to the Point of Tangency of said curve for a point in said west right -of -way line of Hopkins Road for the southeast corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 196.01 feet to a point in the corm-non boundary line of said Tract 1 and said Tract 2 for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 0.19 (8,096.08 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces 1, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the - - day of May 2012. Horacio Oliveira State of Texas License No. 1415 Exhibit "C" PL PL SCALE: 1"=200' - Pl PL PL TRACT 1 91.36 AC. VOLUME 1, PACES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228 D.R.N.C.T. PL PL TRACT 2 91 .36 AC. VOLUI.IE 1, PAGES 48 & 49 MISCELLANEOUS LIAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE N0. 320003 VOLUME 501, PAGE 228 D N.0 T State of Texas County of Nuecee I, Horocio Oliveira, o Registered Professional Land Surveyor, of LNV Ins., do hereby certify that the foregoing mop was prepored from information of record and from o survey made on the ground under my direction. This the 9:1' doy of 4 9 (/ 2012. Horatio Oliveiro State of Texos License No. 1415 PL PL Pl pog PL PL UNRECORDED ROAD DESIGN DRAWINGS PROVIDED DY CRY A=07'46'35" R=312.94' T=21.27' L=42.47' 0.19 ACRES N 88'39'16" E 209.81' N 00'47'23" W 40.00' PL PL RO'w HOPKINS RD R00 S 88'39'16" W 196.01' POINT OF BEGINNING N 00'47'23 1Y 395.44' LEGEND: M.R.N.C.T. MAP RECORDS, NUECES COUNTY. TEXAS I.R. IRON ROD I.P. IRON PIN FO FOUND —PL-- PROPERTY UNE — R001— RIGHT OF WAY SECTION UNE — PIPE— RAIL ROAD TRACKS BOUNDARY OF IMO TO BE ACOUIREO PI, -010 FD 1 I.P. SV CORNER TRACT 5 91.36 AC.. TRACT NOTES' THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION SOURCE OF BEARING=TEXAS STATE PLANE TEXAS SOUTH 20NE-4205-NAD 83 • AREA - 8,096.08 50. FT., 0.19 AC. • THIS SURVEY IS SUBJECT TO ALL ENCUMBRANCES REFERENCED IN THE SCHEDULE B OF THE TIRE COMMITMENT PROVIDED BY THE CITY OF CORPUS CHRISTI (GUARANTY TIRE SERVICES). Exhibit "D" EXHIBIT OF 0.19 AC. 8,096.08 SQ. FT. OUT OF TRACT 1 REFERENCES: 91.36 ACRES, TRACT 1 VOLUME 1, PAGES 48 do 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228, D.R.N.C.T. 0 200 300 400 DATE: MAY 2012 LNV engineers 1 architects 1 contractors AGENDA MEMORANDUM for the City Council Meeting of June 26, 2012 DATE: June 18, 2012 TO: Ronald L. Olson, City Manager FROM: Dan Biles, P.E., Interim Director of Engineering Services danb @cctexas.com, (361) 826 -3729 Michael Morris, Director of Parks and Recreation michaelmo @cctexas.com, (361) 826 -3464 Approval of Construction Contract: Oso Bay Park, Phase 1 — Trail Improvements (Bond 2008) CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with H2O Construction, Inc. of Corpus Christi, Texas in the amount of $638,062.00 for the Oso Bay Park Trail Improvements, Phase 1 Project for the Base Bid. PURPOSE: To award the construction contract for the Oso Bay Park Trail Improvements, Phase 1. BACKGROUND AND FINDINGS: The Oso Bay Phase 1 Trail Improvements (Bond 2008) project is the initial phase of the implementation of the Oso Creek/Oso Bay Area Park Master Plan. Phase 1 will include the construction of approximately 4,300 linear feet of 8 feet to 10 feet wide stabilized decomposed granite, stabilized native soil, and reinforced concrete trails. An elevated Hawkwalk will also be constructed with a platform, timber pilings, shade structure, handrails and benches. The improvements will connect the existing pedestrian sidewalk along Oso Parkway to the existing Rails to Trails walk at the end of Holly Road. Impact and use of these existing facilities will be minimized during construction. The 10' trail will be able to accommodate emergency and park maintenance vehicles (as needed). Gates or other methods will be employed in an effort to prevent vehicular traffic from entering the park. On May 9, 2012, the City received proposals from two (2) bidders and their bids are as C:AProgram Files \Granicus\Legistar5\Packet\975 City Council _6_19_ 2012 \0038_ 1_8e4afDlb- 6243- 4aed- 9a99- 2599914def3f.docx follows: Contractor Base Bid Barcom Commercial Corpus Christi, Texas $953 149.64 H2O Construction Corpus Christi, Texas $638 062.00 ALTERNATIVES: 1. Award Project toH2O Construction, Inc. as recommended. 2. Do not award contract. OTHER CONSIDERATIONS: This project was approved by the voters in the November 2008 bond election and is being supplemented with grant funds. It has received grants from several state and local agencies including the Community Enrichment Fund (Land Purchase) and the Texas Parks & Wildlife National Recreation Trails Grant. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Bids process; Bond Issue 2008; FY 2011- 12 Capital Improvement Budget. EMERGENCY / NON - EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $638,100.00 $1,222,600.00 $3,844,100.00 $5,704,800.00 Encumbered / Expended Amount $638,100.00 $805,061.49 $1,443,161.49 This item $338,062.00 $300,000.00 $638,062.00 BALANCE $79,476.51 $3,544,100 $3,623,576.51 Fund(s): Tx Parks & Wildlife Grants ($610,449.60), Bond 2008 Parks CIP ($27,612.40) Comments: This project is the first construction phase of Oso Creek/ Oso Bay Area Park. Design of Phase 2 of the Park (Oso Bay Wetlands Preserve and Learning Center) C:AProgram Files \Granicus\Legistar5\Packet\975 City Council _6_19_ 2012 \0038_ 1_8e4afDlb- 6243- 4aed- 9a99- 2599914def3f.docx is ongoing. This phase of this project will be complete in 120 days from the Notice to Proceed being issued. RECOMMENDATION: City Staff recommend the approval of a construction contract with H2O Construction, Inc. in the amount of $638,062.00 for the Oso Bay Park Trail Improvements, Phase 1 project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map C:AProgram Files \Granicus\Legistar5\Packet\975 City Council _6_19_ 2012 \0038_ 1_8e4afDlb- 6243- 4aed- 9a99- 2599914def3f.docx PROJECT BUDGET June 26, 2012 Oso Bay Park Trail Improvements, Phase 1 Project No. 3380 FUNDS AVAILABLE: Bond 2008 Park Funds $2,750,000.00 Coastal Impact Assistance Program 2010 1,500,000.00 Texas Parks & Wildlife Outdoor Grant 500,000.00 Texas Parks & Wildlife National Recreation Trails Grant 200,000.00 Coastal Management Program Grant 100,000.00 Coastal Bend Bays & Estuaries Program 20,000.00 Supplemental Environmental Program (SEP) Grant 41,566.00 Community Enrichment Fund (Land Purchase) 563,884.89 Street Capital Improvement Program 114,500.00 Storm Water Capital Improvement Program 106,250.00 Water Capital Improvement Program 57,500.00 Wastewater Capital Improvement Program 71,875.00 TOTAL $6,025,575.89 FUNDS REQUIRED: Construction - Phase 1 (H20 Construction, Inc.) $638,062.00 Construction - Phase 2 (Estimated) *(without Wet Lab & Breezeway) 2,400,000.00 Construction - Extension of Oso Parkway 325,200.00 Total Construction (Estimated) $3,363,262.00 Contingencies 504,489.30 Land Purchase (to date) 563,884.89 Consultant Fees: Design Consultant, Phase One (RVI) ** 286,980.00 Design Consultant, Phase Two (RVI) 616,670.00 Other Consultants (Geotechnical, State Land Survey, etc.) 57,450.00 Reimbursements: Contract Admin. (Contract Preparation /Award /Admin) (2.75 %).... Engineering Services (Project Mgt /Constr Mgt/Traffic Mgt (3.5 %).. Construction Inspection Services (3.5 %) Finance Reimbursements (1.5 %) Misc. (Printing, Advertising, etc.) 165,703.34 210,895.16 135,371.30 90,383.64 20,000.00 TOTAL $6,015,089.62 ESTIMATED PROJECT BUDGET BALANCE * Construction is contingent upon receipt of funding from future grants and potential donors ** Original Contract Approved by Council on January 11, 2011 10,486.27 \Mproject \councilexhibits \exh3380. dwg 005 RIVER NUECTS RAY +41/4� JS v� the c, 7VA, W S HWY ogC CORPUS CHRISTI B ay NAS PROJECT #3380 FM 2444 LPROJECT LOCATION Oso LOCATION MAP NOT TO SCALE £J4 1. ?( MADRE OSO CREEK / OSO BAY AREA PARK MASTER PLAN CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 - — :..- Oso Bay Area Park Phase 1 Trail Improvements Bond Issue 2008 Council Presentation June 26, 2012 City of Corpus Christi king Your Cgirt. Bond 2008 CORPUS C HP ST1 PARKS6,; RECREATION Oso Bay Park Phase 1 Trails HOLLY c -- • EXISTING PARKING WJs. GATE ATTRAIL Project Location EXPANDED, PIER EDGE LANDMARK CiSi'n s Chrtl Phase 2 (Future) GATED ENTRY AMPHITHEATER AND CHILDREN 5 :-' GARDEN ,�'... UPLAND GATED ENTRY;' WO©LDRIDGE ROAD - 'Ik-PEDESTRIAN ENTRY GATE VERLOOK PAVILION CAMPING AND RESTROOMS MALL CRAFT LAUNCH FISHING PIER TRAIL PARK GLO Land (No Improvement) g Your City Great. Bond 2008 3 CABSPU S RECREATION City of (isChrist Project Scope 711 Phase 1 Trails • 4,300 Linear Feet (At Grade) • 8 -foot to 10 -foot wide • Trail Construction Material: - Stabilized Native Soil (410 LF) - Decomposed Granite (3070 LF) - Reinforced Concrete (820 LF) • 282 LF of 8 -foot wide HawkWalk - Birding Platform - Shade Structure - Fabricated Benches - Handrails WOOLORIC. P.04.5 king Your City Great, Bond 2008 HawkWalk CHFUSTI PARKS-; RECREATION City of Corpus Christi aking Your City Great. Boni 2008 Project Schedule 1. Construction Phase: 120 calendar Days 2. Projected Schedule reflects City Council award for Construction in June 2012 CORFU C HP S T I PARKS -6,; RECREATION City of Corpus Christi FUNDS AVAILABLE: Bond 2008 Park Funds Coastal Impact Assistance Program 2010 Texas Parks & Wildlife Outdoor Grant Texas Parks & Wildlife National Recreation Trails Grant Coastal Management Program Grant Coastal Bend Bays & Estuaries Program Supplemental Environmental Program (SEP) Grant Community Enrichment Fund (Land Purchase) Capital Improvement Programs TOTAL FUNDS REQUIRED: Construction - Phase 1 (H2O Construction Inc.) Construction - Phase 2 (Estimated)* Construction - Extension of Oso Parkway (Estimated) Contingencies Land Purchase (to date) Consultant Fees: Making Your City Great .Bond 2008 Design Consultant, Phase One (RVi)** Design Consultant, Phase Two (RVi) Other Consultants (Geotechnical, State Land Survey, etc.) Reimbursements: TOTAL ESTIMATED PROJECT BUDGET BALANCE Project Cost $2,750,000.00 1, 500, 000.00 500,000.00 200,000.00 100,000.00 20,000.00 41, 566.00 563, 884.89 350,125.00 $6,025,575.89 $638,062.00 2,400,000.00 325,200.00 504,489.30 563, 884.89 286,980.00 616,670.00 57,450.00 622, 353.43 $6,015,089.62 10,486.27 * Construction is contingent upon receipt of funding from future grants and potential donors **Original Contract Approved by Council on January 11, 2011 PUS CHP ST1 PARK 6,; RECREATION AGENDA MEMORANDUM for the City Council Meeting of June 26, 2012 DATE: TO: FROM: Daniel Biles, P.E., Interim Director of Engineering Services danb @cctexas.com; 826 -3729 June 5, 2012 Ronald L. Olson, City Manager Michael Morris, Director of Parks and Recreation michaelmo @cctexas.com; 826 -3464 Approval of Construction Contract: Corpus Christi Beach Entry Development (Bond 2008) Re -Bid CAPTION: a. Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to transfer $425,153.51 in budgeted project savings from the Heritage Park Cultural Center Renovation Project to the North Beach (CC Beach) Entry Development Project; increasing expenditures in the amount of $425,153.51; and declaring an emergency. b. Motion authorizing the City Manager, or designee, to execute a construction contract with Largin Construction Services, LLC. of Corpus Christi, Texas in the amount of $404,960.93 for the Bond 2008 Corpus Christi Beach Entry Development Project (Re -Bid) for the Base Bid. PURPOSE: To award the construction contract for the Corpus Christi Beach Entry Development Project (Re -Bid). BACKGROUND AND FINDINGS: This project is a tourist area improvements project which consists of the construction of a new arch entrance on Burleson Street between Timon Boulevard and Surfside Boulevard. The Base Bid includes the entry archway structure spanning over Burleson Street, landscaping and irrigation system installation. Graphics consisting of entry archway letters and images (seahorses, turtles and sandals plaque) will be made of a synthetic material mounted to the wood truss archway. A new 100 -year commemorative bronze plaque for the Texas Section of the American Society of Civil Engineers (ASCE) will be mounted on the north pylon of the archway structure. There were no additive alternates for this project. On April 25, 2012, the City received proposals from three (3) bidders and their respective bids are as follows: Contractor Base Bid Largin Construction Services, LLC. Corpus Christi, TX $404,960.93 Barcom Commercial, Inc. Corpus Christi, TX $427,409.58 SafeNet Services, LLC. Corpus Christi, TX $561,747.71 ALTERNATIVES: 1. Award Project to Largin Construction Services, LLC. as recommended. 2. Do not award contract. OTHER CONSIDERATIONS: This project was approved by the voters in the November 2008 bond election to improve existing conditions on Corpus Christi Beach resulting in a safer, more welcoming area. The project was initially bid in September 2010 with the sidewalk improvements project; however, because of performance issues with the contractor, the archway portion was rebid separately. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; Bond Issue 2008; FY2011 -2012 EMERGENCY / NON - EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $200,100.00 $435,153.51 $0.00 $635,253.51 Encumbered / Expended Amt $200,100.00 $200,100.00 This item $404,960.93 $404,960.93 BALANCE $0.00 $30,192.58 $0.00 $30,192.58 Fund(s): Parks and Recreation Bond 2008 Comments: This project will be funded out of Parks and Recreation Bond 2008 proceeds. RECOMMENDATION: City Staff recommend the approval of a construction contract with Largin Construction Services, LLC. in the amount of $404,960.93 for the Corpus Christi Beach Corpus Christi Beach Entry Development (Bond 2008) — Re -Bid project for the Base Bid. This project is anticipated to be complete 120 days from the when the Notice to Proceed is issued. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map PROJECT BUDGET Corpus Christi Beach Entry Development (Bond 2008) - Re -Bid Project No. 3394 June 26, 2012 FUNDS AVAILABLE: North (Corpus Christi) Beach Entry Development Project Ordinance Amending 2011 -2012 Capital Budget FUNDS REQUIRED: Construction (Largin Construction Services, LLC.) Contingencies (10 %) Consultant Fees: Consultant (Wright Architects) Consultant (Blue Bay Construction) Materials Testing (Rock Engineering) Materials Testing (Arias & Associates) Windstorm Certifications (HNS Engineering) $210,100.00 $425,153.51 $635,253.51 404,960.93 40,496.09 42,957.00 23,828.13 4,067.50 3,900.00 3,750.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 11,136.43 Engineering Services (Project Mgt /Constr Mgt/Traffic Mgt) 68,796.98 Construction Inspection 14,173.63 Finance Reimbursement 5,062.01 Misc. (Printing, Advertising, etc.) 2,024.80 TOTAL $ 625,153.51 ESTIMATED PROJECT BUDGET BALANCE $10,100.00 File : \ Mproject \councilexhibits \exh3394.dwg .NUEC2S B.Ay HWY 44 AGNES PROJECT LOCATION CORPUS CHRISTI INTERNATIONAL AIRPORT McGLOIN RD W POINT CORPUS CHRISTI B.Ay LOCATION MAP NOT TO SCALE MARKET ST Q ,�. P CORPUS CHRISTI RA I] PROJECT #3394 SITE PLAN NOT TO SCALE CORPUS CHRISTI (NORTH) BEACH ENTRY DEVELOPMENT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 Page 1 of 2 Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to transfer $425,153.51 in budgeted project savings from the Heritage Park Cultural Center Renovation Project to the North Beach (CC Beach) Entry Development Project; increasing expenditures in the amount of $425,153.51; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 is amended to transfer $425,153.51 in budgeted project savings from the Heritage Park Cultural Center Renovation Project to the North Beach (CC Beach) Entry Development Project. Section 2. The FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 is amended to increase expenditures by $425,153.51. 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 day of June, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor Page 2 of 2 Corpus Christi, Texas Day of , 2012 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelly Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott AGENDA MEMORANDUM for the City Council Meeting of June 26, 2012 DATE: TO: FROM: Daniel Biles, P.E., Interim Director of Engineering Services danb @cctexas.com; 826 -3729 June 5, 2012 Ronald L. Olson, City Manager Michael Morris, Director of Parks and Recreation michaelmo @cctexas.com; 826 -3464 Approval of Construction Contract: Corpus Christi Beach Entry Development (Bond 2008) Re -Bid CAPTION: a. Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to transfer $425,153.51 in budgeted project savings from the Heritage Park Cultural Center Renovation Project to the North Beach (CC Beach) Entry Development Project; increasing expenditures in the amount of $425,153.51; and declaring an emergency. b. Motion authorizing the City Manager, or designee, to execute a construction contract with Largin Construction Services, LLC. of Corpus Christi, Texas in the amount of $404,960.93 for the Bond 2008 Corpus Christi Beach Entry Development Project (Re -Bid) for the Base Bid. PURPOSE: To award the construction contract for the Corpus Christi Beach Entry Development Project (Re -Bid). BACKGROUND AND FINDINGS: This project is a tourist area improvements project which consists of the construction of a new arch entrance on Burleson Street between Timon Boulevard and Surfside Boulevard. The Base Bid includes the entry archway structure spanning over Burleson Street, landscaping and irrigation system installation. Graphics consisting of entry archway letters and images (seahorses, turtles and sandals plaque) will be made of a synthetic material mounted to the wood truss archway. A new 100 -year commemorative bronze plaque for the Texas Section of the American Society of Civil Engineers (ASCE) will be mounted on the north pylon of the archway structure. There were no additive alternates for this project. On April 25, 2012, the City received proposals from three (3) bidders and their respective bids are as follows: Contractor Base Bid Largin Construction Services, LLC. Corpus Christi, TX $404,960.93 Barcom Commercial, Inc. Corpus Christi, TX $427,409.58 SafeNet Services, LLC. Corpus Christi, TX $561,747.71 ALTERNATIVES: 1. Award Project to Largin Construction Services, LLC. as recommended. 2. Do not award contract. OTHER CONSIDERATIONS: This project was approved by the voters in the November 2008 bond election to improve existing conditions on Corpus Christi Beach resulting in a safer, more welcoming area. The project was initially bid in September 2010 with the sidewalk improvements project; however, because of performance issues with the contractor, the archway portion was rebid separately. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; Bond Issue 2008; FY2011 -2012 EMERGENCY / NON - EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $200,100.00 $435,153.51 $0.00 $635,253.51 Encumbered / Expended Amt $200,100.00 $200,100.00 This item $404,960.93 $404,960.93 BALANCE $0.00 $30,192.58 $0.00 $30,192.58 Fund(s): Parks and Recreation Bond 2008 Comments: This project will be funded out of Parks and Recreation Bond 2008 proceeds. RECOMMENDATION: City Staff recommend the approval of a construction contract with Largin Construction Services, LLC. in the amount of $404,960.93 for the Corpus Christi Beach Corpus Christi Beach Entry Development (Bond 2008) — Re -Bid project for the Base Bid. This project is anticipated to be complete 120 days from the when the Notice to Proceed is issued. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map PROJECT BUDGET Corpus Christi Beach Entry Development (Bond 2008) - Re -Bid Project No. 3394 June 26, 2012 FUNDS AVAILABLE: North (Corpus Christi) Beach Entry Development Project Ordinance Amending 2011 -2012 Capital Budget FUNDS REQUIRED: Construction (Largin Construction Services, LLC.) Contingencies (10 %) Consultant Fees: Consultant (Wright Architects) Consultant (Blue Bay Construction) Materials Testing (Rock Engineering) Materials Testing (Arias & Associates) Windstorm Certifications (HNS Engineering) $210,100.00 $425,153.51 $635,253.51 404,960.93 40,496.09 42,957.00 23,828.13 4,067.50 3,900.00 3,750.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 11,136.43 Engineering Services (Project Mgt /Constr Mgt/Traffic Mgt) 68,796.98 Construction Inspection 14,173.63 Finance Reimbursement 5,062.01 Misc. (Printing, Advertising, etc.) 2,024.80 TOTAL $ 625,153.51 ESTIMATED PROJECT BUDGET BALANCE $10,100.00 File : \ Mproject \councilexhibits \exh3394.dwg .NUEC2S B.Ay HWY 44 AGNES PROJECT LOCATION CORPUS CHRISTI INTERNATIONAL AIRPORT McGLOIN RD W POINT CORPUS CHRISTI B.Ay LOCATION MAP NOT TO SCALE MARKET ST Q ,�. P CORPUS CHRISTI RA I] PROJECT #3394 SITE PLAN NOT TO SCALE CORPUS CHRISTI (NORTH) BEACH ENTRY DEVELOPMENT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 Corpus Christi Beach Entry Development Re -Bid (Bond 2008) Council Presentation June 26, 2012 City of Corpus Christi aking Your City Great. Bond 2008 CORFU C HP S T I PARKS -6,; RECREATION Project Scope Entry Archway • Wood Truss Archway Spanning over Burleson Street (Between Timon and Surfside) • Landscaping and Irrigation • Graphics Letters and Images (Seahorses, Turtles & Sandals Plaque) City 01 -Corpus Christi CHRISTI ARKS RECREATION ing Your City Great. Bond 2008 City of Corpus Christi Project Schedule Project Estimate: 120 Calendar Days 4 Months Projected Schedule reflects City Council award in June 2012 with anticipated construction completion in November 2012. aking Your City Great. Bond 2008 CORFU C HP S T I PARKS -6,; RECREATION City of Corpus Christi Making YourGreat. ur City Bond 2008 FUNDS AVAILABLE: Project Budget Corpus Christi Beach Entry Development (Bond 2008) Ordinance Amending 2011-2012 Capital Budget FUNDS REQUIRED: Construction (Largin Construction, LLC.) Contingencies (10%) Consultant Fees: Consultant (Wright Architects) BlueBay Construction Materials Testing & Windstorm Certification Reimbursements: TOTAL ESTIMATED PROJECT BUDGET BALANCE $200, 000.00 425,153.51 $625,153.51 $404,960.93 40,496.09 42, 957.00 23, 828.13 11,717.50 101,193.86 $625,153.51 $0.00 P 5 CHP ST1 PARK 6,; RECREATION AGENDA MEMORANDUM for the City Council Meeting of June 26, 2012 DATE: 6/8/2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services DanB @cctexas.com (361) 826-3729 PLAY IN THE PARK Street Closure CAPTION: Motion approving the application for street closure from Destination Bayfront to temporarily close Northbound Shoreline between Furman Avenue and Coopers Alley beginning at 8:00 a.m. and ending at 2:00 p.m. for the Play In The Park event to take place on Saturday, June 30, 2012. BACKGROUND AND FINDINGS: Destination Bayfront is requesting the street closure of north bound Shoreline between Furman Avenue and Coopers Alley to hold a "Play in the Park" event. There will be various activities taking place along Destination Bayfront from volleyball players, to dog walkers, runners, and other active groups. The street closure will allow for a safe pedestrian crossing and the public will be able to see the benefits of the proposed Destination Bayfront Project. Traffic Control set up will begin on Saturday, June 30, 2012 at 8:00 a.m. to allow for event set up. The event will begin at 9:00 a.m. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Sec. 49 -17 EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered Expended Amount Check Reimbursement This item BALANCE Fund(s): General Funds Comments: RECOMMENDATION: City Staff recommends the approval from Destination Bayfront for the Play In The Park event, pending insurance. LIST OF SUPPORTING DOCUMENTS: Location Maps Application Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager COOPERS ALLEY N SCALE: N.T.S. TEMPORARY STREET CLOSURE FOR PLAY IN THE PARK - 2012 PARK AVE. ® - STREET CLOSURE ■ ■ SUBJECT: PLAY IN THE PARK - 2012 JUNE 30, 2012 - SITE PLAN - Traffic Engineering Div. Engineering Services Dept. ih City of •■••■ = Coi-pus ■•••I Chnsti City of Corpus Christi Department of Engineering Services Traffic Engineering APPLICATION FOR TEMPORARY CLOSURE OF STREET(S) PERMIT CorpusChristi ***** All-Amenca Crtv 11111 1. Name of Organization Sponsoring Event: /1 /6) Address: /VW )cf-) City: //) Phone #: ( State: Zip: Email: 7;77 /7/711:-1- 7 S' 2. Name of Proposed Event: 3. Date of Planned Event: 4. Key Contact Individual Fax #: /, L Phone #: 5. Street(s) Requested for Closure, Dates and Times of Day: - DESCRIBE 7'1) (s7/-1,/-) <To 6. Purpose of Event and Detailed Description of Activities Planned: Ti$ <7-7/k,/ /=:; 7-) L7/Ar../ P//c) v 2 1-:!!Z) ,.!z7 ./(:: //f5: 1)(!) 17:: / IT: .3 I-7/V ) -7//v 7. List foods and beverages to be served: Page 1 of 8 8. Services Requested by the City: 9. Attach a diagram illustrating in detail the location of booths, stages, restrooms, first-aid stations, etc., that will be included in the event. 10. Enclose a check or money order for $200 to cover administrative costs of handling application, payable to the City of Corpus Christi (City Ordinance #20463, 9/20/88). 11. Attach an official letter of transmittal requesting approval of the event at least (30) day prior to the event date. 12. In consideration of obtaining a permit to close a City street for a public event, the applicant or sponsoring organization agrees to comply with the following applicable conditions: A. Admittance to said event shall be free; B. All profits derived from the event shall be for charitable causes; C. Pay the City four-percent (4%) of the gross receipts derived from event, or reimburse the City for all costs incurred by the City in support of said event. Accurate financial records shall be maintained and payment shall be made to the city within sixty (60) days after the event ends. D. *Provide and maintain an insurance policy with the limits and requirements shown on the attached Exhibit "A". E. *Completion of Indemnification Agreement; F. *Provision of a traffic control plan for event, to be coordinated with the Traffic Engineering Division and Police Department, The City shall be reimbursed for its installation of all traffic signage and barricading determined by the City to be necessary for safe control of the event. G. *Require written notice and notice to be given to tenants and building managers; and posting of same inside entrances to multi-tenant buildings. This notice is to be furnished and posted a minimum of 2 week prior to the required City Council meeting at which the motion to approve the Temporary Street Closure permit will be considered. H. Provide adequate number of restroom facilities to accommodate the anticipated public; Obtain the appropriate alcohol and food permits required by State and Local authorities, at least two (2) weeks prior to the event; J. All security other than perimeter traffic control shall be provided by sponsor; security shall consist of off-duty City Police officers, or other type security officially approved by the City. Page 2 of 8 K. All construction of booths, stages, displays, electrical services and plumbing shall comply with City Codes. The final layout of booths shall be approved by the Director of Parks and Recreation; L. Provide for potable water within the event site; M. Provide first-aid stations; N. Provide continuous cleaning of the site during the event and return it to pre-event condition after event ends; 0. Restore any damaged City property promptly after event ends; P. Coordinate all phases of event with appropriate City departments to insure a safe and successful event; Q. Vehicles shall be prohibited from parking on grass areas within the street right-of-way. R. No obliteration or defacing of the street surface or sidewalk; except by chalk markings; S. All City Noise Abatement Ordinances shall be complied with; T. Allow for the free passage of emergency vehicles into event area in case of emergency; U. Carnival-type rides will not be permitted. V. Building and Electrical permits for a temporary promotional event, associated construction and Certificate of Occupancy are required. *Evidence that these conditions have been met must be presented to the City Traffic Engineer prior to the request being submitted to the City Council for final approval. Event Chairman/Organizer Signature Sponsoring Organization Date Submitted For more information please contact: The City of Corpus Christi, Traffic Engineering Division at: Ph: 361-826-3547 • Fax: 361-826-3545 1201 Leopard St. Corpus Christi TX 78401 • PO Box 9277 Corpus Christi, TX 78469-9277 Page 3 of 8 INDEMNITY AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF NUECES WHEREAS, Section iii of said standards, entitled Procedure and Permit Requirements, requires a contractor for a permit to close or block any part of a roadway to file a statement with the Director of Engineering Services Traffic Engineering Division indemnifying in the city against all claims or causes of action by reason of or arising from the closing or blocking of the roadway pursuant to a permit issued by the City. Now, therefore, in consideration for the issuance of a permit to the undersigned by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street, alley or other public right-of-way in said City, said permit applicant agrees to indemnify and safe harmless and defended the City of Corpus Christi, its agents and employees from any and all claims, lawsuits, demands, liabilities, losses or expenses, including court costs and reasonable attorney=s fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damages to any property which arise or may be alleged to have arisen directly or indirectly, as a result of the granting of this permit. The Contractor, during the term of operations specified in this Public Right-of- Way Blockage Permit, will provide and maintain at the Contractor expense, Comprehensive General Liability Insurance coverage with a Contractual Liability endorsement and with minimum limits of $1,000,000 Combined Single Limit for large events or $500,000 for small events as required by the Risk Manager of the City of Corpus Christi pursuant to Ordinance #19277. The City of Corpus Christi will be named as Additional Insured on the policy. Evidence of required insurance coverage with a Certificate of Insurance furnished to the Traffic Engineering Division prior to the proposed blockage under this permit. Witness my (our) hand(s) this date of 20 Permit Applicant Signature Company Name Page 4 of 8 AGENDA MEMORANDUM for the City Council Meeting of June 26, 2012 DATE: TO: June 26, 2012 Ronald L. Olson, City Manager FROM: Michael Barrera Assistant Director of Financial Services mikeb(a�cctexas.com Saundra Thaxton Interim Assistant Director of Strategic Management Saundra(a� cctexas. com Competitive Assessment of Solid Waste Services CAPTION: Motion authorizing the City Manager or designee to execute a consultant agreement with SAIC Energy, Environmental & Infrastructure, LLC, of Austin, Texas, to provide a competitive assessment /business case analysis of the Solid Waste Services Department, for an amount not to exceed $93,600. Funding is available in the Solid Waste Services Operations Budget for fiscal year 2011/2012. BACKGROUND AND FINDINGS: As part of the City's overall review and improvement of City operations, management has requested a competitive assessment of the Solid Waste Services Department. The consultant will evaluate all service levels of the department including brush collection, refuse collection, recycling collection, operations of the JC Elliott Transfer Station and the operations of the Cefe Valenzuela landfill. Benchmarking will be conducted of other Texas Cities in regards to rates and charges applied, levels of service provided and efficiencies and effectiveness of the operations. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This purchase conforms to all City policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Management & Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $93,600 $93,600 Encumbered / Expended Amount This item $93,600 $93,600 BALANCE 0 0 Fund(s): Comments: RECOMMENDATION: Staff recommends approval of the Ordinance as submitted. LIST OF SUPPORTING DOCUMENTS: Evaluation Matrix Ordinance Approvals Veronica Ocanas, Assistant City Attorney Constance Sanchez, Finance Director Eddie Houlihan, Assistant Budget Director Margie C. Rose, Assistant City Manager City of Corpus Christi Competitive Assessment of Solid Waste Services Purchasing Division BI- 0123 -12 19- Jun -12 Evaluation Matrix SAIC Energy, Environment & Infrastructure, LLC Austin, Texas Gershman, Brickner & Bratton, Inc. Fairfax, VA Methodology 25 Qualifications 25 Level of Effort 25 Price 25 Total 100 Cost $93,600 20 25 25 18 88 $128,000 • Focuson better, cheaper, faster & friendlier approach • Build successful employee -owners • Outsource, if necessary, to provide competitive services to customersy • Benchmark against private sector • Department develops & implements Action.. Plan to close gap • Department is reassessed after year f� accountability y ��� If no competitive RFP is issued • Department may or may not compete • If department wins, contract is written • Contract monitoring in place ti eco enda oris 700k savings 448% ROS. Fleet: $2.3 m savings over 5 years • Departments 'implementingAction Plans • Integrating Action Plans in Annual Business Plans • Re-establishing service levels & �v benchmarks thru City Performance Report 5 1) Project initiation & management 2) Competitive Assessment 3) Options Appraisal 4) Strategic Fit 5) Commercial Aspects 6) Affordability — Financial Case 7) Achievability: The Project Case 8) Report Preparation & Presentation July 1—July 31, 2012 July 31— August 31, 2012 August 15—September 1, 2012 September 1— September 30, 2012 September 1—September 30, 2012 September 1— September 30, 2012 October 1 — October 31, 2012 Draft report Nov 2012 Final report Dec 2012 Solid waste section ocuses on financial & operational issues • Exclusive focus on public sector clients ensures no conflict of interest • Texas solid waste clients: Corpus qhris Houston, Dallas Austin, San Antonio, Paso, Fort Worth, Irving, Victoria �,x City of El Paso, Texas City of Garland, Texas North Texas Municipal Water District Mayor requested privatization study Senior management requested privatization study, due to other Metroplex cities privatizing operations Five member cities requested competitive assessment of landfill and three transfer stations Private solid waste company City of Glendale, Arizona offered. to purchase -City, s landfill City of Little Rock, Arkansas Private solid waste company offered to purchase City's landfill • City saved $10 million annually based on SAIC recommendations • Exited the commercial collection business and discontinued use of transfer station • City continued operating, with recommendations for improvements • On-going analysis, as SAIC is in the process of finalizing the report • City continued operating, with for improvements Landfill value to City far exceeded offer from private company ecommendations • SAIC recommended City continue operating with recommendations for improvements • SAIC conducted procurement based on request from Mayor • Procurement resulted in City continuing to own and operate COMPETITIVE ASSESSMENT OF SOLID WASTE SERVICES DEPARTMENT SERVICE AGREEMENT Service Agreement No. THIS Competitive Assessment of Solid Waste Services Department Service Agreement (this "Agreement ") is entered into by and between SAIC Energy, Environmental & Infrastructure, LLC (the "Contractor ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City "), by and through its duly authorized City Manager or designee ( "City Manager "), effective for all purposes upon execution by the City Manager or designee. WHEREAS Contractor has proposed to provide Competitive Assessment of Solid Waste Services Department in response to Bid Invitation No. BI- 0123 -12 which is incorporated by reference as Exhibit A; WHEREAS the City has determined Contractor to be the best valued respondent; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Competitive Assessment of Solid Waste Services Department in accordance with Bid Invitation No. BI- 0123 -12. 2. Term. This Agreement takes effect at such time as final signature is affixed and continues until the project is completed, approximately six months after commencement. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Interim Assistant Director of Strategic Management. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages, to the Contract Administrator. Additionally, the Interim Assistant Director of Strategic Management will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's reasonable written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 31St), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or RFP No. BI- 0123 -12, or the Contractor's offer to RFP No. BI- 0123 -12 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Interim Assistant Director of Strategic Management. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in RFP No. BI- 0123 -12. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days' written notice to the Contractor. However, the City may terminate this Agreement on three (3) business days written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. The Contractor may terminate this Agreement upon ninety (90) days' written notice to the City. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15. Violence Policy. The Contractor must adopt a Violence in the Workplace policy. 16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand - delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Interim Assistant Director of Strategic Management P.O. Box 9277 Corpus Christi, Texas 78469 -9277 IF TO CONTRACTOR: Contractor Contact Address: City, State, SAIC Energy, Environment & Infrastucture, LLC Scott R. Pasternak 5806 Mesa Drive, Suite 310 Austin TX 78371 17. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods /services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month -to -month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ( "INDEMNITEES ") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT. CONTRACTOR SHALL NOT BE INDEMNIFYING FOR ANY OF THE CITY OF CORPUS CHRISTI'S NEGLIGENCE AS DETERMINED BY A COURT OF COMPETENT JURISDICTION. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this day of , 20 Contractor: SAIC Energy, Environment & Infrastructure, LLC CITY OF CORPUS CHRISTI ("CITY") Michael Barrera Date Assistant Director of Financial Services Incorporated by Reference: Exhibit A: RFP No. BI-0123-12 Exhibit B: Proposer's Response to RFP No. BI-0123-12 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 19, 2012 Action Item for the City Council Meeting of June 26, 2012 DATE: June 26, 2012 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP ©cctexas.com (361) 826 -3227 Refunding of Corpus Christi Business and Job Development Corporation Seawall Bonds PURPOSE: Resolution by the City Council of the City of Corpus Christi, Texas relating to "Corpus Christi Business and Job Development Corporation Sales Tax Revenue Refunding Bonds, Series 2012 (Seawall Project) "; approving the resolution of Corpus Christi Business and Job Development Corporation authorizing the issuance of such bonds; and resolving other matters incident and related to the issuance of such bonds; and providing an effective date. BACKGROUND AND FINDINGS: On September 1, 2001, the Corpus Christi Business and Job Development Corporation (i.e., the Corporation) issued $43,960,000 of sales tax revenue bonds with an interest rate ranging from 4.00% to 5.375% to fund seawall improvements. These were 20- year, tax - exempt bonds with a 10 -year par call feature — meaning that for 10 years, the bond holders are guaranteed payment of interest on those bonds without early repayment by the Corporation. Once the 10 years pass, then the issuer (i.e., the Corporation) could "call back" those bonds to either refinance them or to pay off the debt. The 10 year call date occurred on September 1, 2011. City staff made two presentations to the Corporation regarding the refunding of the seawall bonds: July 18, 2011 and April 16, 2012. Three scenarios were presented to the Corporation. The first scenario depicted the traditional 10 -year par call feature. With the current bond market, refunding these bonds would generate a $4.113 million present value savings (or 12.39 %) at a true interest cost of 3.07 %. The second scenario depicted a 7 -year par call feature. Present value savings generated from this scenario were estimated to be $3.377 million (or 10.18 %) at a true interest cost of 3.36 %. The third scenario was a more unique 5 -year par call feature which was estimated to generate a present value savings of $2.153 million (or 6.49 %) at a true interest cost of 3.87 %. The various scenarios were presented to the Corporation to provide some flexibility for the future use of this sales tax. At Corporation's monthly meeting held on April 16, 2012, the Board voted to proceed with refunding the Seawall Sales Tax and Revenue Bonds with the 10 -year par call feature. Four actions were needed by the Corpus Christi Business and Job Development Corporation (i.e., the Corporation ") to effectuate this transaction: (1) approval of a financial advisor; (2) approval of bond counsel; (3) approval of the underwriters; and (4) approval of the resolution authorizing the issuance of the seawall refunding bonds. The financing team for this transaction involves three parties: the financial advisor, bond counsel, and the underwriters. On June 18, 2012, the Corporation authorized the appointment of M. E. Allison & Co., Inc. as financial advisor; Fulbright & Jaworski L.L.P. as bond counsel; and Coastal Securities, Inc. as Senior Underwriter, and Citigroup Global Markets and Hutchinson, Shockey, Erley & Co. as Co- Managers for the Corpus Christi Business and Job Development Corporation Sales Tax Revenue Refunding Bonds, Series 2012 (Seawall Project). The Corporation also approved a resolution to authorize the issuance of the refunding bonds. The resolution delegates to the President, Vice President, Secretary, or the Executive Director of the Corporation the authority to affect the sale of the refunding bonds when market conditions so warrant, subject to satisfying specific parameters. City Council action is now needed to approve the resolution voted upon by the Corporation. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - Debt Payments - - $47,331,456 $47,331,456 Encumbered /Expended amount of (date) - - - - This item - - $42,175,717 $ 42,175,717 BALANCE - - $5,155,739 $ 5,155,739 FUND(S): Fund 1120 "Improvement Seawall Fund" COMMENTS: The $5,155,739 noted above represents savings in debt payments by refunding the seawall bonds for the remaining life of the bonds — through 2022. This represents a net present value savings of $4,113,406. RECOMMENDATION: Staff recommends approval of the resolution as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: • n/a DEPARTMENTAL CLEARANCES: • Corpus Christi Business and Job Development Corporation • Bond Counsel • Legal Department • Financial Services LIST OF SUPPORTING DOCUMENTS: Resolution cc: Lisa Aguilar, Assistant City Attorney Charlotte Yochem, Senior Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS RELATING TO "CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION SALES TAX REVENUE REFUNDING BONDS, SERIES 2012 (SEAWALL PROJECT) "; APPROVING THE RESOLUTION OF CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AUTHORIZING THE ISSUANCE OF SUCH BONDS; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Corpus Christi Business and Job Development Corporation (the Corporation) was created by the City of Corpus Christi, Texas (the City), pursuant to the provisions of Chapters 501, 502, and 504, as amended, Texas Local Government Code (formerly Section 4A of the Development Corporation Act of 1979, Texas Revised Civil Statutes Annotated Article 5190.6, as amended) (collectively, the Act) and a resolution of the City Council of the City approved on September 27, 2000; and WHEREAS, the Board of Directors (the Board) of the Corporation heretofore issued, sold, and delivered, and there are currently outstanding obligations in the aggregate principal amount of $33,190,000 designated as "Corpus Christi Business and Job Development Corporation Sales Tax Revenue Bonds, Series 2001 (Seawall Project) ", dated September 1, 2001, stated to mature on March 1 in each of the years 2013 through 2026 (the Refunded Obligations); and WHEREAS, the Board intends to issue an aggregate principal amount of $ in sales tax revenue refunding bonds the proceeds of which will be utilized to provide for the (i) refunding of the Refunded Obligations and (ii) payment of the costs of issuance of the sales tax revenue refunding bonds; and WHEREAS, pursuant to the provisions of Section 501.213 of the Act, the Board is authorized to issue sales tax revenue refunding bonds and deposit the proceeds of sale under an escrow agreement to provide for the payment of the Refunded Obligations, and such deposit shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Refunded Obligations; and WHEREAS, the deposit of the proceeds from the sale of the sales tax revenue refunding bonds will be deposited directly with any designated escrow agent which is not the depository bank of the Board; and WHEREAS, Section 501.204 of the Act requires the City Council of the City to approve the resolution of the Corporation providing for the issuance of the Bonds not more than sixty (60) days prior to the delivery of the sales tax revenue refunding bonds; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 52066820 3.docx SECTION 1: The Resolution authorizing the issuance of $ "Corpus Christi Business and Job Development Corporation Sales Tax Revenue Refunding Bonds, Series 2012 (Seawall Project)" (the Bonds), adopted by the Corporation on June 18, 2012 and submitted to the City Council this day (a copy of which is attached hereto as Exhibit A and incorporated herein by reference for all purposes, the Corporation Resolution), is hereby approved in all respects. The Bonds are being issued to provide for the (i) refunding of the Refunded Obligations and (ii) payment of the costs of their issuance. SECTION 2: The approvals herein given are in accordance with Section 501.204 of the Act, and the Bonds shall never be construed an indebtedness or pledge of the City or the State of Texas (the State), within the meaning of any constitutional or statutory provision, and the owner of the Bonds shall never be paid in whole or in part out of any funds raised or to be raised by taxation (other than sales tax proceeds as authorized pursuant to the Act) or any other revenues of the Corporation, the City, or the State, except those revenues assigned and pledged by the Corporation Resolution. SECTION 3: The City hereby agrees to promptly collect and remit to the Corporation the Gross Sales Tax Revenues (as defined in the Corporation Resolution) in accordance with the terms of the Corporation Resolution and the Act to provide for the prompt payment of the Bonds, and to assist and cooperate with the Corporation in the enforcement and collection of sales and use taxes imposed on behalf of the Corporation. SECTION 4: The City hereby acknowledges and recognizes that the Bonds are being issued as tax - exempt obligations under and pursuant to the provisions of the Internal Revenue Code of 1986, as amended and the proceeds of sale of such Bonds may be deposited with the City following their receipt by the Corporation and the City may have partial or full control and responsibility with respect to the maintenance and operation of the project refinanced with the proceeds of the Refunded Obligations and the investment and disbursement of the proceeds of sale of the Bonds. Therefore, as a result of the foregoing, the City hereby makes the following representations and warranties to the Corporation: A. Definitions. When used in this Section, the following terms have the following meanings: Code means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. Computation Date has the meaning set forth in Section 1.148 -1(b) of the Regulations. Gross Proceeds means any proceeds as defined in Section 1.148 -1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148 -1(c) of the Regulations, of the Bonds. 52066820 3.docx Investment has the meaning set forth in Section 1.148 -1(b) of the Regulations. -2- Nonpurpose Investment means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds. Rebate Amount has the meaning set forth in Section 1.148 -1(b) of the Regulations. Regulations means any proposed, temporary, or final Income Tax Regulations issued pursuant to sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. Yield of (1) any Investment has the meaning set forth in Section 1.148 -5 of the Regulations; and (2) the Bonds has the meaning set forth in Section 1.148 -4 of the Regulations. B. Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants in this Section. C. No Private Use or Private Payments. Except to the extent that it will not cause the Bonds to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Bonds: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Bonds (including property financed with Gross Proceeds of the Refunded Obligations), and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds (including 52066820 3.docx -3- property financed with Gross Proceeds of the Refunded Obligations) or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. D. No Private Loan. Except as would not cause the Bonds to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if- (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take -or -pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. E. Not to Invest at Higher Yield. Except as would not cause the Bonds to become "arbitrage bonds" within the meaning of section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment, if as a result of such investment the Yield of any Investment acquired with Gross Proceeds, whether then held or previously disposed of, materially exceeds the Yield of the Bonds. F. Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. G. Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038 -G or such other form and in such place as the Secretary may prescribe. H. Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Bond is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Bonds with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. 52066820 3.docx -4- (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date. (3) As additional consideration for the purchase of the Bonds by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Bond Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Bonds equals in the case of a Final Computation Date as defined in Section 1.148- 3(e)(2) of the Regulations, one hundred percent (100 %) of the Rebate Amount on such date; and in the case of any other Computation Date, ninety percent (90 %) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038 -T or such other forms and information as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148 -3(h) of the Regulations. I. Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Bonds, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Bonds not been relevant to either party. J. Bonds Not Hedge Bonds. (1) The City reasonably expects to spend at least 85% of the spendable proceeds of the Bonds within three years after such Bonds are issued. (2) Not more than 50% of the proceeds of the Bonds will be invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. 52066820 3.docx -5- K. Current Refunding of the Refunded Obligations. The Bonds are issued, in part, to refund the Refunded Obligations, and the Bonds will be issued, and the proceeds thereof used, within 90 days after the Closing Date for the redemption of the Refunded Obligations. In the issuance of the Bonds, the Corporation has employed no "device" to obtain a material financial advantage (based on arbitrage), within the meaning of section 149(d)(4) of the Code, apart from savings attributable to lower interest rates. The Corporation has complied with the covenants, representations, and warranties contained in the documents executed in connection with the issuance of the Refunded Obligations. L. Elections. The City hereby directs and authorizes the Mayor, City Manager, City Attorney, City Secretary, or any Designated Financial Official (as defined in the Corporation Resolution), either or any combination of them, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Bonds, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. Such elections shall be deemed to be made on the Closing Date. SECTION 5: The Sales Tax Remittance Agreement, dated as of September 10, 2001, between the Corporation and the City (a copy of which is attached hereto as Exhibit B, the Remittance Agreement) provides for the transfer of the Sales Tax (as defined in the Corporation Resolution) from the City to the Corporation for use by the Corporation as security for its bonds issued for the Project (as defined in the Corporation Resolution). As the Bonds refund the Refunded Obligations, which were originally issued to finance the Project, the City hereby finds that the Bonds are also bonds issued for the Project. As a result, the City hereby affirms, ratifies, and approves the validity and enforceability of the Remittance Agreement for so long as the Bonds (or any bonds issued to refund the Bonds) remain outstanding. SECTION 6: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 7: All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 8: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 9: If any provision of this resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and this City Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 10: It is officially found, determined, and declared that the meeting at which this resolution is adopted was open to the public and public notice of the time, place, and subject 52066820 3.docx -6- matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 11: This Resolution shall be in force and effect from and after its passage on the date shown below. 52066820 3.docx -7- PASSED AND ADOPTED, this June 19, 2012. ATTEST: City Secretary (CITY SEAL) APPROVED THIS DAY OF JUNE, 2012: Carlos Valdez, City Attorney Exhibit A — Corporation Resolution Exhibit B — Sales Tax Remittance Agreement 52066820 3.docx S -1 CITY OF CORPUS CHRISTI, TEXAS Mayor THE STATE OF TEXAS )( COUNTY OF N UECES )( 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 a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 19th day of June, 2012, authorizing the issuance of the Corpus Christi Business and Job Development Corporation's Sales Tax Revenue Refunding Bonds, Series 2012 (Seawall Project), which resolution 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 day of 2012. (CITY SEAL) 52066820 3.docx City Secretary S -2 52066820 3.docx EXHIBIT A Corporation Resolution See Tab No. A -1 52066820 3.docx EXHIBIT B Sales Tax Remittance Agreement See Tab No. B -1 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 19, 2012 Action Item for the City Council Meeting of June 26, 2012 DATE: June 26, 2012 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP ©cctexas.com (361) 826 -3227 Fred Segundo, Director of Aviation FredS ©cctexas.com (361) 289 -0171 x1213 Notice of Intention for Airport Certificates of Obligation PURPOSE: A. Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor, for the City of Corpus Christi, Texas Combination Tax and Surplus Airport Revenue Certificates of Obligation, Series 2012 (AMT). B. Resolution by the City Council of the City of Corpus Christi, Texas authorizing and approving publication of Notice of Intention to issue Certificates of Obligation; complying with the requirements contained in Securities and Exchange Commission Rule 15c2 -12; and providing an effective date. C. Resolution by the City Council of the City of Corpus Christi, Texas approving the City's preliminary official statement pertaining to the sale of obligations designated as "City of Corpus Christi, Texas Combination Tax and Surplus Airport Revenue Certificates of Obligation, Series 2012 (AMT) "; complying with the requirements contained in the United States Securities and Exchange Commission's Rule 15c2 -12; and other matters in connection therewith. BACKGROUND AND FINDINGS: The City of Corpus Christi is planning on issuing up to $6,000,000 in City of Corpus Christi, Texas Combination Tax and Surplus Airport Revenue Certificates of Obligation, Series 2012 (AMT) in early fall 2012 to fund costs associated with Airport safety improvements on the runway. The Federal Aviation Administration (FAA) has approved the planning, design, and construction of this project, which includes displacement of thresholds and reconfiguration of our runway and taxiway system. The total cost of the project is estimated to be $55,000,000 — with 90% as FAA's share and 10% as the local share. The City of Corpus Christi is anticipating issuing Certificates of Obligation in an amount not to exceed $6,000,000 to fund the local share of this project and $500,000 in contingencies that are not tied to the grant. The debt service payments, although backed by the full faith and credit of the City, would be transferred from the Airport's operating fund to the City's debt service fund. Part A of this agenda item authorizes the appointment of M. E. Allison, & Co., as Financial Advisor, for this transaction. See Exhibit A for the Financial Advisor's fee schedule. According to the Local Government Code, Section 271.049, prior to the issuance of the certificates of obligation, the City is required to publish notice of its intention to issue the certificates once a week for two consecutive weeks in a newspaper of general circulation, with the date of the first publication to be before the 30th day before the date set tentatively set for passage of the ordinance authorize the issuance of the certificates. Approval Part B of this item would authorize the City to publish the Notice of Intent in the Corpus Christi Caller- Times. Approval of Part C of this item would delegate the review and approval of the offering documents to certain designated City officials including the Mayor, City Manager, Assistant City Manager, Director of Financial Services, City Secretary, and the City Attorney, or their designees, to effectuate the sale in a timely manner. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - Debt Payments - - - Encumbered/Expended amount of (date) - - - - This item - - - - BALANCE - - - FUND(S): COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motion and resolutions as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: • n/a DEPARTMENTAL CLEARANCES: • Airport • Bond Counsel • Legal Department LIST OF SUPPORTING DOCUMENTS: Exhibit A Resolutions cc: Lisa Aguilar, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager Wesley S. Pierson, Assistant City Manager (�. slaw. Jac. 1 NVESTMENT BANKERS FINANCIAL ADVISORY FEE SCHEDULE GENERAL OBLIGATION BONDS More than And Not More than $ $ 250,000 $7,500 plus $20.00 per $1,000 for all over $150,000 250,000 350,000 $9,500 plus $10.00 per $1,000 for all over $250,000 350,000 500,000 $10,500 plus $8.00 per $1,000 for all over $350,000 500,000 700,000 $11,700 plus $7.00 per $1,000 for all over $500,000 700,000 1,000,000 $13,100 plus $6.00 per $1,000 for all over $700,000 1,000,000 1,500,000 $14,900 plus $5.00 per $1,000 for all over $1,000,000 1,500,000 5,000,000 $17,400 plus $3.00 per $1,000 for all over $1,500,000 5,000,000 10,000,000 $27,900 plus $1.65 per $1,000 for all over $5,000,000 10,000,000 20,000,000 $36,150 plus $1.00 per $1,000 for all over $10,000,000 20,000,000 No Limit $46,150 plus $0.85 per $1,000 for all over $20,000,000 REVENUE BONDS AND COMBINATION TAX & REVENUE CERTIFICATES OF OBLIGATION In the event the Bonds to be issued are Revenue Bonds or Combination Tax and Revenue Certificates of Obligation, Refunding, Direct Pay Subsidy or Lease Purchase Obligations, the fee shall be the amount computed from the above schedule, plus 25 %. EXHIBIT A AGENDA MEMORANDUM Future Item for the City Council Meeting of June 19, 2012 Action Item for the City Council Meeting of June 26, 2012 DATE: June 26, 2012 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP ©cctexas.com (361) 826 -3227 Fred Segundo, Director of Aviation FredS ©cctexas.com (361) 289 -0171 x1213 Notice of Intention for Airport Certificates of Obligation PURPOSE: A. Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor, for the City of Corpus Christi, Texas Combination Tax and Surplus Airport Revenue Certificates of Obligation, Series 2012 (AMT). B. Resolution by the City Council of the City of Corpus Christi, Texas authorizing and approving publication of Notice of Intention to issue Certificates of Obligation; complying with the requirements contained in Securities and Exchange Commission Rule 15c2 -12; and providing an effective date. C. Resolution by the City Council of the City of Corpus Christi, Texas approving the City's preliminary official statement pertaining to the sale of obligations designated as "City of Corpus Christi, Texas Combination Tax and Surplus Airport Revenue Certificates of Obligation, Series 2012 (AMT) "; complying with the requirements contained in the United States Securities and Exchange Commission's Rule 15c2 -12; and other matters in connection therewith. BACKGROUND AND FINDINGS: The City of Corpus Christi is planning on issuing up to $6,000,000 in City of Corpus Christi, Texas Combination Tax and Surplus Airport Revenue Certificates of Obligation, Series 2012 (AMT) in early fall 2012 to fund costs associated with Airport safety improvements on the runway. The Federal Aviation Administration (FAA) has approved the planning, design, and construction of this project, which includes displacement of thresholds and reconfiguration of our runway and taxiway system. The total cost of the project is estimated to be $55,000,000 — with 90% as FAA's share and 10% as the local share. The City of Corpus Christi is anticipating issuing Certificates of Obligation in an amount not to exceed $6,000,000 to fund the local share of this project and $500,000 in contingencies that are not tied to the grant. The debt service payments, although backed by the full faith and credit of the City, would be transferred from the Airport's operating fund to the City's debt service fund. Part A of this agenda item authorizes the appointment of M. E. Allison, & Co., as Financial Advisor, for this transaction. See Exhibit A for the Financial Advisor's fee schedule. According to the Local Government Code, Section 271.049, prior to the issuance of the certificates of obligation, the City is required to publish notice of its intention to issue the certificates once a week for two consecutive weeks in a newspaper of general circulation, with the date of the first publication to be before the 30th day before the date set tentatively set for passage of the ordinance authorize the issuance of the certificates. Approval Part B of this item would authorize the City to publish the Notice of Intent in the Corpus Christi Caller- Times. Approval of Part C of this item would delegate the review and approval of the offering documents to certain designated City officials including the Mayor, City Manager, Assistant City Manager, Director of Financial Services, City Secretary, and the City Attorney, or their designees, to effectuate the sale in a timely manner. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - Debt Payments - - - Encumbered/Expended amount of (date) - - - - This item - - - - BALANCE - - - FUND(S): COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motion and resolutions as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: • n/a DEPARTMENTAL CLEARANCES: • Airport • Bond Counsel • Legal Department LIST OF SUPPORTING DOCUMENTS: Exhibit A Resolutions cc: Lisa Aguilar, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager Wesley S. Pierson, Assistant City Manager RESOLUTION A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS AUTHORIZING AND APPROVING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; COMPLYING WITH THE REQUIREMENTS CONTAINED IN SECURITIES AND EXCHANGE COMMISSION RULE 15c2 -12; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the City Council) of the City of Corpus Christi, Texas (the City) has determined that it is advisable and necessary to issue and sell one or more series of certificates of obligation (the Certificates) in an amount not to exceed $6,000,000 as provided pursuant to the provisions of the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code, Section 271.041 through 271.064, for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to -wit: (1) constructing, acquiring, purchasing, renovating, equipping, enlarging, and improving the Issuer's airport facilities, (2) the purchase of materials, supplies, equipment, land, and rights -of -way for authorized needs and purposes relating to the aforementioned facilities; and (3) the payment of professional services related to the design, construction, and financing of the aforementioned projects; and WHEREAS, prior to the offering, sale, and issuance of the Certificates, the appropriate officials of the City must review and approve the distribution of a "deemed final" preliminary official statement (the Official Statement) in order to comply with the requirements contained in 17 C.F.R. §240.15c2 -12 (the Securities and Exchange Commission Rule); and WHEREAS, based upon their review of the Official Statement, the appropriate officials of the City must find to the best of their knowledge and belief, after reasonable investigation, that the representations of facts pertaining to the City contained in the Official Statement are true and correct and that, except as disclosed in the Official Statement, there are no facts pertaining to the City that would adversely affect the issuance of the Certificates or the City's ability to pay the debt service requirements on the Certificates when due; and WHEREAS, the City Council will comply with the requirements contained in the Securities and Exchange Commission Rule concerning the creation of a contractual obligation between the City and the proposed purchaser(s) of the Certificates (the Purchasers) to provide the Purchasers with an Official Statement in a time and manner that will enable the Purchasers to comply with the distribution requirements and continuing disclosure requirements contained in the Securities and Exchange Commission Rule; and WHEREAS, the City Council authorizes the Mayor, City Manager, City Secretary, and the City Attorney, as appropriate, or their designees, to review, approve, and execute any document or certificate in order to allow the City to comply with the requirements contained in the Securities and Exchange Commission Rule; and WHEREAS, prior to the issuance of the Certificates, the City Council is required to publish notice of its intention to issue the Certificates in a newspaper of general circulation in the 95611113.1 City, such notice stating (i) the time and place the City Council tentatively proposes to pass the ordinance authorizing the issuance of the Certificates, (ii) the maximum amount proposed to be issued, (iii) the purposes for which the Certificates are to be issued, (iv) and the manner in which the City Council proposes to pay the Certificates; and WHEREAS, the City Council hereby finds and determines that such documents pertaining to the sale of the Certificates should be approved, and the City should proceed with the giving of notice of intention to issue the Certificates in the time, form, and manner provided by law; WHEREAS, the City Council hereby finds and determines that the adoption of this Resolution is in the best interests of the residents of the City; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be published of the City Council's intention to issue the Certificates in an amount not to exceed $6,000,000 for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to -wit: (1) constructing, acquiring, purchasing, renovating, equipping, enlarging, and improving the Issuer's airport facilities, (2) the purchase of materials, supplies, equipment, land, and rights -of -way for authorized needs and purposes relating to the aforementioned facilities; and (3) the payment of professional services related to the design, construction, and financing of the aforementioned projects. The Certificates will be payable from the levy of an annual ad valorem tax, within the limitations prescribed by law, upon all taxable property within the City and additionally from a pledge of and lien on certain revenues derived from the operation of the City's airport facilities. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A attached hereto, which notice is incorporated herein by reference as a part of this Resolution for all purposes. SECTION 2: The City Secretary shall cause the notice described in Section 1 to be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication shall be at least thirty (30) days prior to the date stated therein for passage of the ordinance authorizing the issuance of the Certificates. SECTION 3: The Mayor, City Manager, City Secretary, and the City Attorney, as appropriate, or their designees, are authorized to review and approve the Official Statement pertaining to the offering, sale, and issuance of the Certificates and to execute any document or certificate in order to comply with the requirements contained in the Securities and Exchange Commission Rule. SECTION 4: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 5: All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such 95611113.1 -2- conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 6: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 7: If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 8: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 9: This Resolution shall be in force and effect from and after the date of its adoption, and it is so resolved. 95611113.1 [The remainder of this page intentionally left blank.] -3- PASSED AND APPROVED, this the 26th day of June, 2012. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS DAY OF , 2012: Carlos Valdez, City Attorney 95611113.1 -4- THE STATE OF TEXAS )( COUNTY OF NUECES )( 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 a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 26th day of June, 2012, relating to establishing the City's intention to publish a notice of intention concerning the issuance of certificates of obligation, which Resolution 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 day of 2012. City Secretary (CITY SEAL) 95611113.1 -5- Exhibit A NOTICE OF INTENTION TO ISSUE CITY OF CORPUS CHRISTI, TEXAS CERTIFICATES OF OBLIGATION SERIES 2012 NOTICE IS HEREBY GIVEN that the City Council of the City of Corpus Christi, Texas will convene at its regular meeting place in the City Hall in Corpus Christi, Texas, at 12:00 o'clock P.M., Corpus Christi, Texas time on July 31, 2012, and, during such meeting, the City Council will consider the passage of an ordinance or ordinances and take such other actions as may be deemed necessary to authorize the issuance of one or more series of certificates of obligation in an aggregate principal amount not to exceed $6,000,000 for the purpose or purposes of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to -wit: (1) constructing, acquiring, purchasing, renovating, equipping, enlarging, and improving the Issuer's airport facilities, (2) the purchase of materials, supplies, equipment, land, and rights -of -way for authorized needs and purposes relating to the aforementioned facilities; and (3) the payment of professional services related to the design, construction, and financing of the aforementioned projects. The certificates of obligation (the Certificates) will be payable from the levy of an annual ad valorem tax, within the limitations prescribed by law, upon all taxable property within the City and from a lien on and pledge of certain revenues derived by the City from the operation of the City's airport facilities. The Certificates are to be issued, and this notice is given, under and pursuant to the provisions of the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code Section 271.041 through Section 271.064, Chapter 22, as amended, Texas Transportation Code, Chapter 1503, as amended, Texas Government Code, and the City's Home Rule Charter. 95611113.1 A -1 /s/ Armando Chapa City Secretary, City of Corpus Christi, Texas AGENDA MEMORANDUM Future Item for the City Council Meeting of June 19, 2012 Action Item for the City Council Meeting of June 26, 2012 DATE: June 26, 2012 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP ©cctexas.com (361) 826 -3227 Fred Segundo, Director of Aviation FredS ©cctexas.com (361) 289 -0171 x1213 Notice of Intention for Airport Certificates of Obligation PURPOSE: A. Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor, for the City of Corpus Christi, Texas Combination Tax and Surplus Airport Revenue Certificates of Obligation, Series 2012 (AMT). B. Resolution by the City Council of the City of Corpus Christi, Texas authorizing and approving publication of Notice of Intention to issue Certificates of Obligation; complying with the requirements contained in Securities and Exchange Commission Rule 15c2 -12; and providing an effective date. C. Resolution by the City Council of the City of Corpus Christi, Texas approving the City's preliminary official statement pertaining to the sale of obligations designated as "City of Corpus Christi, Texas Combination Tax and Surplus Airport Revenue Certificates of Obligation, Series 2012 (AMT) "; complying with the requirements contained in the United States Securities and Exchange Commission's Rule 15c2 -12; and other matters in connection therewith. BACKGROUND AND FINDINGS: The City of Corpus Christi is planning on issuing up to $6,000,000 in City of Corpus Christi, Texas Combination Tax and Surplus Airport Revenue Certificates of Obligation, Series 2012 (AMT) in early fall 2012 to fund costs associated with Airport safety improvements on the runway. The Federal Aviation Administration (FAA) has approved the planning, design, and construction of this project, which includes displacement of thresholds and reconfiguration of our runway and taxiway system. The total cost of the project is estimated to be $55,000,000 — with 90% as FAA's share and 10% as the local share. The City of Corpus Christi is anticipating issuing Certificates of Obligation in an amount not to exceed $6,000,000 to fund the local share of this project and $500,000 in contingencies that are not tied to the grant. The debt service payments, although backed by the full faith and credit of the City, would be transferred from the Airport's operating fund to the City's debt service fund. Part A of this agenda item authorizes the appointment of M. E. Allison, & Co., as Financial Advisor, for this transaction. See Exhibit A for the Financial Advisor's fee schedule. According to the Local Government Code, Section 271.049, prior to the issuance of the certificates of obligation, the City is required to publish notice of its intention to issue the certificates once a week for two consecutive weeks in a newspaper of general circulation, with the date of the first publication to be before the 30th day before the date set tentatively set for passage of the ordinance authorize the issuance of the certificates. Approval Part B of this item would authorize the City to publish the Notice of Intent in the Corpus Christi Caller- Times. Approval of Part C of this item would delegate the review and approval of the offering documents to certain designated City officials including the Mayor, City Manager, Assistant City Manager, Director of Financial Services, City Secretary, and the City Attorney, or their designees, to effectuate the sale in a timely manner. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - Debt Payments - - - Encumbered/Expended amount of (date) - - - - This item - - - - BALANCE - - - FUND(S): COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motion and resolutions as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: • n/a DEPARTMENTAL CLEARANCES: • Airport • Bond Counsel • Legal Department LIST OF SUPPORTING DOCUMENTS: Exhibit A Resolutions cc: Lisa Aguilar, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager Wesley S. Pierson, Assistant City Manager A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS APPROVING THE CITY'S PRELIMINARY OFFICIAL STATEMENT PERTAINING TO THE SALE OF OBLIGATIONS DESIGNATED AS "CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND SURPLUS AIRPORT REVENUE CERTIFICATES OF OBLIGATION, SERIES 2012 (AMT) "; COMPLYING WITH THE REQUIREMENTS CONTAINED IN THE UNITED STATES SECURITIES AND EXCHANGE COMMISSION'S RULE 15c2 -12; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council (the Council) of the City of Corpus Christi, Texas (the City) hereby finds and determines that the current tax - exempt bond market is favorable to allow the City to sell its "City of Corpus Christi, Texas Combination Tax and Surplus Airport Revenue Certificates of Obligation, Series 2012 (AMT)" (the Certificates) for the purposes of constructing, acquiring, purchasing, renovating, equipping, enlarging, and improving the City's airport facilities pursuant to the provisions of Texas law; and WHEREAS, the City has previously retained M.E. Allison & Co., Inc. as its financial advisors and Fulbright & Jaworski L.L.P., as its bond counsel, relating to the proposed issuance of any obligations; and WHEREAS, the Council contemplates the adoption of a delegation ordinance relating to the Certificates at the July 31, 2012 meeting; and WHEREAS, the City is contemplating the sale of the Certificates in the approximate amount of $6,000,000 at a negotiated sale on or about August 2, 2012; and WHEREAS, in order to maximize the City's flexibility on the timing of entering this tax - exempt market, the City appoints the investment banks identified in the minutes of the meeting of the Council at which this Resolution is adopted as the syndicate of underwriters, each serving in the capacity specified in such minutes, for the proposed issuance of the Certificates (the Underwriters); and WHEREAS, prior to the offering, sale, and delivery of the Certificates the appropriate officials of the City must review and approve the distribution of a "deemed final" preliminary official statement (the Preliminary Official Statement) prepared by the City for use by the Underwriters in their marketing and sale of the Certificates in order to comply with the requirements contained in 17 C.F.R. §240.15c2 -12 (the Securities and Exchange Commission Rule); and WHEREAS, the Council hereby approves the Preliminary Official Statement and delegates to the City's authorized representatives the authority to approve the final official statement relating to the Certificates (the Final Official Statement, and collectively with the Preliminary Official Statement, the Official Statement), which approval and delegation, respectively, includes selection and inclusion in such documents of portions of the City's Comprehensive Annual Financial Report for the period ending July 31, 2011; and 95617485.1 WHEREAS, the Council hereby approves the Preliminary Official Statement, including the City's Comprehensive Financial Report for the period ending July 31, 2011, pertaining to the proposed issuance of the Certificates; and WHEREAS, based upon their review of the Official Statement, the appropriate officials of the City must find to the best of their knowledge and belief, after reasonable investigation, that the representations of facts pertaining to the City contained in the Official Statement are true and correct and that, except as disclosed in the Official Statement, there are no facts pertaining to the City that would adversely affect the issuance of the Certificates or the City's ability to pay the debt service requirements on the Certificates when due; and WHEREAS, the City will comply with the requirements contained in the Securities and Exchange Commission Rule concerning the creation of a contractual obligation between the City and the Underwriters to provide the Underwriters with the Official Statement in a time and manner that will enable the Underwriters to comply with the distribution requirements and the continuing disclosure requirements contained in the Securities and Exchange Commission Rule; and WHEREAS, the Council authorizes the Mayor, City Manager, Assistant City Manager, Director of Financial Services, City Secretary, and the City Attorney, as appropriate, or their designees, to review, approve, and execute any document or certificate in order to allow the City to comply with the requirements contained in the Securities and Exchange Commission Rule; and WHEREAS, the Council hereby finds and determines that these actions are in the best interests of the residents of the City; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1: The Preliminary Official Statement, including the City's Comprehensive Financial Report for the period ending July 31, 2011, prepared in connection with the issuance and sale of the Certificates is hereby approved, such documents to read substantially as attached hereto as Exhibit A and incorporated herein by reference and made a part of this Resolution for all purposes, and the Mayor and the City Secretary are hereby authorized to execute and cause distribution to be made of such documents for and on behalf of the City. SECTION 2: M.E. Allison & Co., Inc. will also coordinate the sale of the Certificates with the national rating services and bond insurance companies, if any, and will otherwise coordinate the financial aspects relating to this transaction to ensure that the City receives the lowest possible interest rates on the Certificates from the Underwriters at a negotiated sale on or about August 2, 2012 and to comply with all regulations and rules promulgated by the United States Securities and Exchange Commission and the Municipal Securities Rule Making Board. SECTION 3: The Underwriters (as identified in the Preliminary Official Statement) are confirmed to serve as the underwriting syndicate for the proposed issuance of the Certificates by the City. 95617485.1 -2- SECTION 4: The Mayor, City Manager, Assistant City Manager, Director of Financial Services, City Secretary, and City Attorney, as appropriate, are authorized to review and approve the Official Statement pertaining to the offering, sale, and issuance of the Certificates and to execute any document or certificate in order to comply with the requirements contained in the Securities and Exchange Commission Rule. SECTION 5: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Council. SECTION 6: All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provisions of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 7: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 8: If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and this Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 9: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 10: This Resolution shall be in force and effect from and after its final passage, and it is so resolved. 95617485.1 [The remainder of this page intentionally left blank.] -3- PASSED, ADOPTED AND APPROVED on this the 26th day of June, 2012. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS DAY OF , 2012: Carlos Valdez, City Attorney 95617485.1 S -1 THE STATE OF TEXAS )( COUNTY OF NUECES )( 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 a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 26th day of June, 2012, relating to establishing the City's intention to adopt a Preliminary Official Statement Resolution concerning the issuance of certificates of obligation, which Resolution 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 day of 2012. City Secretary (CITY SEAL) 95617485.1 -2- 95617485.1 EXHIBIT A Preliminary Official Statement See Tab No. A -1 PRELIMINARY OFFICIAL ST'ATEMEN'T DATED JULY' , 2 2 NEW ISSUE - Book - Entry -Only Ratings: Fitch: Applied For Moody's: Applied For S &P: Applied For (See "RATINGS" herein) In the opinion of Bond Counsel (identified below), assuming continuing compliance by the City (defined below) after the date of initial delivery of the Certificates (defined below) with certain covenants contained in the Ordinance (defined below) and subject to the matters set forth under "TAX MATTERS" herein, interest on the Certificates for federal income tax purposes under existing statutes, regulations, published rulings, and court decisions will be excludable from the gross income of the owners thereof pursuant to section 103 of the Internal Revenue Code of 1986, as amended to the date of initial delivery of the Certificates, except for interest on any Certificate during any period while it is held by a person who is a "substantial user" of any of the facilities financed with the proceeds of the Certificates or by a "related person ", as such term is defined in section 147(a) of the Code; HOWEVER INTEREST ON THE CERTIFICATES WILL BE INCLUDED IN COMPUTING THE ALTERNATIVE MINIMUM TAXABLE INCOME OF THE OWNERS THEREOF WHICH ARE INDIVIDUALS OR CORPORATIONS. CITY OF CORPUS CHRISTI, TEXAS $5,970,000* COMBINATION TAX AND SURPLUS AIRPORT REVENUE CERTIFICATES OF OBLIGATION, SERIES 2012 (AMT) Dated Date: August 1, 2012 Due: March 1, as shown on inside cover page The City of Corpus Christi, Texas (the "City ") is issuing its $5,970,000* Combination Tax and Surplus Airport Revenue Certificates of Obligation, Series 2012 (AMT) (the "Certificates "). The Certificates are issued pursuant to the Constitution and general laws of the State of Texas, including particularly the Certificate of Obligation Act of 1971, Chapter 271, Subchapter C, as amended, Texas Local Government Code, Chapter 22, as amended, Texas Transportation Code, Chapter 1371, as amended, Texas Government Code ( "Chapter 1371 "), Chapter 1503, as amended, Texas Government Code, the City's Home Rule Charter (the "Charter "), and an ordinance adopted by the City Council of the City (the "City Council ") on July 31, 2012 (the "Ordinance "). In the Ordinance, as permitted by the provisions of Chapter 1371, the City Council delegated the authority to certain City officials to approve the fmal pricing structure and certain other matters relating to the Certificates, which fmal sales terms will be evidenced in an "Approval Certificate" relating to 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. Solely to comply with Texas law allowing the Certificates to be sold for cash, the Certificates are additionally secured by and payable from a lien on and pledge of the Pledged Revenues (anticipated to be in the amount of $1,000) derived from the operation of the City's Airport System, such lien and pledge, however, being subordinate and inferior to the lien on and pledge of the Net Revenues which are pledged to the payment of any Prior Lien Bonds, Junior Lien Bonds, or Subordinate Lien Obligations hereinafter issued by the City. The City previously authorized the issuance of the currently outstanding Limited Pledge Obligations (as described and defined in the Ordinance) which are payable, in part, from and secured by a lien on and pledge of a limited amount of the Net Revenues of the City's Airport System (as described and defined in the Ordinance) in the manner provided in the City ordinance authorizing the issuance of the Limited Pledge Obligations. In the Ordinance, the City reserves and retains the right to issue Prior Lien Obligations, Junior Lien Obligations, Subordinate Lien Obligations, and Additional Limited Pledge Obligations, while the Certificates are outstanding, without limitation as to principal amount but subject to any terms, conditions or restrictions as may be applicable thereto under law or otherwise. (See "THE CERTIFICATES — Security and Source of Payment" and "EFFECT OF THE TAX RATE LIMITATION" herein.) Interest on the Certificates will accrue from the dated date thereof specified above and will be payable on March 1, 2013, and on each September 1 and March 1 thereafter until stated maturity or prior redemption. The City intends to utilize the Book - Entry-Only System of The Depository Trust Company, New York, New York ( "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 , 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 will be 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. SEE FOLLOWING PAGE FOR STATED MATURITIES, PRINCIPAL AMOUNTS, INTEREST RATES, INITIAL YIELDS, CUSIP NUMBERS AND REDEMPTION PROVISIONS RELATING TO THE CERTIFICATES The Certificates are offered for delivery, when issued, to the initial purchasers thereof named below (the "Underwriters') subject to the approving opinion of the Attorney General of the State of Texas and the approval of certain legal matters by Fulbright & Jaworski 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 their counsel, , , Texas. It is anticipated that the definitive Certificates will be tendered for delivery through the services of DTC on or about August 28, 2012. [TO COME] Preliminary, subject to change. CUSIP No. Prefix(2 ): 220112 CITY OF CORPUS CHRISTI, TEXAS STATED MATURITY SCHEDULE $5,970,000* Combination Tax and Surplus Airport Revenue Certificates of Obligation, Series 2012 (AMT) Stated Stated Maturity Principal Interest Initial CUSIP No. Maturity Principal Interest Initial CUSIP No. (March 1) Amount ($) Rate ( %) Yield ( %) Suffix(') (March 1) Amount ($) Rate ( %) Yield ( %) Suffix(') 2015 185,000 2027 255,000 2016 190,000 2028 265,000 2017 195,000 2029 275,000 2018 200,000 2030 285,000 2019 200,000 2031 295,000 2020 205,000 2032 305,000 2021 210,000 2033 320,000 2022 220,000 2034 330,000 2023 225,000 2035 345,000 2024 230,000 2036 365,000 2025 240,000 2037 380,000 2026 250,000 (Accrued interest from the Dated Date to be added) Redemption. The Certificates stated to mature on and after March 1, 20 , are subject to redemption, at the option of the City, in whole or in part, on March 1, 20 or any date thereafter, at the price of par plus accrued interest to the date fixed for redemption. Any Term Certificates (defined herein) will be subject to mandatory sinking fund redemption. (See "THE CERTIFICATES — Redemption" herein.) [The remainder of this page intentionally left blank.] * Preliminary, subject to change. (1) CUSIP is a registered trademark of the American Bankers Association. CUSIP data herein is provided by CUSIP Global Services, managed by Standard & Poor's Financial Services LLC on behalf of The American Bankers Association. This data is not intended to create a database and does not serve in any way as a substitute for the CUSIP Services. None of the Underwriters, the City nor the Financial Advisor is responsible for the selection or correctness of the CUSIP numbers set forth herein. USE OF INFORMATION IN OFFICIAL STATEMENT For purposes of compliance with Rule 15c2 -12 of the United States Securities and Exchange Commission, as amended, ( "Rule 15c2 -12 ") and in effect on the date of this Preliminary Official Statement, this document constitutes an "official statement" of the City with respect to the Certificates that has been deemed "final" by the City as of its date except for the omission of no more than the information permitted by Rule 15c2 -12. This Official Statement, which includes the cover page and the Appendices hereto, does not constitute an offer to sell or the solicitation of an offer to buy in any jurisdiction to any person to whom it is unlawful to make such offer, solicitation or sale. No dealer, broker, salesman or other person has been authorized to give any information, or to make any representations other than those contained in this Official Statement, and, if given or made, such other information or representations must not be relied upon as having been authorized by the City, the Financial Advisor, or the Underwriters. This Official Statement is not to be used in connection with an offer to sell or the solicitation of an offer to buy in any state in which such offer or solicitation is not authorized or in which the person making such offer or solicitation is not qualified to do so or to any person to whom it is unlawful to make such offer or solicitation. Any information and expressions of opinion herein contained are subject to change without notice, and neither the delivery of this Official Statement nor any sale made hereunder shall, under any circumstances, create any implication that there has been no change in the affairs of the City or other matters described herein since the date hereof. THE UNDERWRITERS HAVE PROVIDED THE FOLLOWING SENTENCE FOR INCLUSION IN THIS OFFICIAL STATEMENT. THE UNDERWRITERS HAVE REVIEWED THE INFORMATION IN THIS OFFICIAL STATEMENT IN ACCORDANCE WITH THEIR RESPONSIBILITIES TO INVESTORS UNDER THE FEDERAL SECURITIES LAWS AS APPLIED TO THE FACTS AND CIRCUMSTANCES OF THIS TRANSACTION, BUT THE UNDERWRITERS DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. THE CERTIFICATES ARE EXEMPT FROM REGISTRATION WITH THE UNITED STATES SECURITIES AND EXCHANGE COMMISSION 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 THE 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. The agreements of the City and others related to the Certificates are contained solely in the contracts described herein. Neither this Official Statement nor any other statement made in connection with the offer or sale of the Certificates is to be construed as constituting an agreement with the purchasers of the Certificates. INVESTORS SHOULD READ THIS ENTIRE OFFICIAL STATEMENT, INCLUDING ALL APPENDICES ATTACHED HERETO, TO OBTAIN INFORMATION ESSENTIAL TO MAKING AN INFORMED INVESTMENT DECISION. None of the City, the Financial Advisor, nor the Underwriters make any representation or warranty with respect to the accuracy, completeness, or adequacy of the information contained in this Official Statement regarding The Depository Trust Company ( "DTC ") or its Book - Entry -Only System, appearing under the caption "BOOK- ENTRY -ONLY SYSTEM ", as such information has been provided by DTC. TABLE OF CONTENTS INTRODUCTION THE CERTIFICATES 1 Funded Status and Funding Progress 15 1 Changes Since 2007 15 Actuarial Methods and Assumptions 15 Collective Bargaining Agreements 16 ANNEXATION PROGRAM 16 Purposes of the Certificates 1 Authority for Issuance 1 Security and Source of Payment 1 General Characteristics of the Certificates 2 Redemption 2 Notice of Redemption 3 Defeasance 3 Paying Agent/Registrar 4 Successor Paying Agent/Registrar 4 SOURCES AND USES OF FUNDS 5 DEFAULTS AND REMEDIES 5 REGISTRATION, TRANSFER AND EXCHANGE 6 Transfers and Exchanges 6 Future Registration 6 Record Date for Interest Payment 7 Limitation on Transfer of Certificates 7 Replacement Certificates 7 BOOK - ENTRY -ONLY SYSTEM 7 General Use of Certain Terms in Other Sections of this Official Statement Background 16 LITIGATION AND REGULATION 17 City Claims and Litigation 17 Environmental Regulations 18 LEGAL MATTERS 20 TAX MATTERS 21 Opinion 21 Tax Changes 21 Ancillary Tax Consequences 21 Tax Accounting Treatment of Discount Certificates 22 Tax Accounting Treatment of Premium Certificates 22 LEGAL INVESTMENTS AND ELIGIBILITY TO 7 SECURE PUBLIC FUNDS IN TEXAS 23 RATINGS 23 9 NO- LITIGATION CERTIFICATE 23 GENERAL INFORMATION 24 CONTINUING DISCLOSURE OF INFORMATION 24 Annual Reports 24 AUTHORIZED BUT UNISSUED AD VALOREM TAX SUPPORTED BONDS 9 EFFECT OF THE TAX RATE LIMITATION 9 DEBT INFORMATION 10 Payment Record 10 Authority for Issuance of Debt; Limitations 10 INVESTMENT POLICY NOTICE OF CERTAIN EVENTS 24 Availability of Information 25 Limitations and Amendments 25 10 Compliance with Prior Undertakings 26 REGISTRATION AND QUALIFICATION OF CERTIFICATES FOR SALE 26 UNDERWRITING 26 FINANCIAL ADVISOR 26 INDEPENDENT ACCOUNTANTS 27 MISCELLANEOUS 27 14 FORWARD LOOKING STATEMENTS 27 14 AUTHORIZATION OF THE OFFICIAL STATEMENT 27 Legal Investments 10 Investment Policies 11 Additional Provisions 12 Current Investments 13 PAYROLL STATISTICS 13 Employee Pension Plan and Benefits Plan Description and Funding Policy Annual OPEB Cost and Net OPEB Obligation 14 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 FORM OF OPINION OF BOND COUNSEL D -1 City of Corpus Christi, Texas 1201 Leopard Corpus Christi, Texas 78401 (361) 880 -3105 CITY ADMINISTRATION AND ELECTED OFFICIALS Kelly Allen (1) John Marez Priscilla Leal Chris Adler Larry Elizondo, Sr. David Loeb Mark Scott Nelda Martinez Mayor Joe Adame City Council Members District 1 District 2 District 3 District 4 District 5 At Large At Large At Large (1) Mr. Kevin Kieschnick tendered his resignation as District 1 Councilman on January 4, 2012 to accept an appointment as the Nueces County Tax Assessor /Collector. The City Charter provides that the City Council, by majority vote, appoint a replacement to fill this vacancy for the remainder of Mr. Kieschnick's unexpired term. The City Council appointed Mr. Kelly Allen as Mr. Kieschnick's replacement at its January 24, 2012 meeting. Name Ronald L. Olson Toby Futrell Troy Riggs Oscar R. Martinez Margie C. Rose Constance P. Sanchez Carlos Valdez Armando Chapa Bond Counsel Paying Agent/Registrar Independent Certified Public Accountants Financial Advisors CERTAIN APPOINTED OFFICIALS Position City Manager Interim Assistant City Manager for Business Support Services Assistant City Manager for Safety, Health, and Neighborhoods Assistant City Manager for Public Works, Utilities, & Transportation Assistant City Manager for General Government & Operations Support Director of Financial Services City Attorney City Secretary CONSULTANTS AND ADVISORS Fulbright & Jaworski L.L.P., San Antonio, Texas , Texas For additional Ms. Constance P. Sanchez City of Corpus Christi, Texas 1201 Leopard Corpus Christi, Texas 78401 (361) 826 -3227 Fax (361) 880 -3601 constancep@cctexas.com Collier, Johnson & Woods, P.C., Corpus Christi, Texas M. E. Allison & Co., Inc., San Antonio, Texas information regarding the City, please contact: 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 * Collier, Johnson & Woods, P.C., the City's independent auditor, has not been engaged to perform and has not performed, since the date of its report included herein, any procedures on the financial statements addressed in that report. Collier, Johnson & Woods, P.C. also has not performed any procedures relating to this Official Statement. -v - SUMMARY STATEMENT This 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 (defined herein) 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 Issuer Issue and Date Use of Proceeds The Certificates are issued by the City of Corpus Christi, Texas (the "City" or the "Issuer"), a home rule municipality and a body corporate and politic of the State of Texas. The City is issuing its $5,970,000* Combination Tax and Surplus Airport Revenue Certificates of Obligation, Series 2012 (AMT) (the "Certificates "). The Certificates are dated as of August 1, 2012. The proceeds of the Certificates will be used to make public improvements within the City being, specifically, the construction, acquisition, purchase, equipment, renovation, enlargement, and improvement of the City's airport facilities, and to pay the costs of issuance of the Certificates. (See "THE CERTIFICATES — Purposes of the Certificates" herein.) Amounts and Maturities The Certificates are stated to mature on March 1 in the years and in the amounts evidenced in the table appearing on the inside cover page of this Official Statement. Interest Payment Dates Interest on the Certificates is payable on March 1 and September 1 of each year, commencing March 1, 2013, until stated maturity or prior redemption thereof. Authority for Issuance The Certificates are issued pursuant to the Constitution and general laws of the State of Texas, including particularly the Certificate of Obligation Act of 1971, Chapter 271, Subchapter C, as amended, Texas Local Government Code, Chapter 22, as amended, Texas Transportation Code, Chapter 1371, as amended, Texas Government Code ( "Chapter 1371 "), Chapter 1503, as amended, Texas Government Code, the City's Home Rule Charter (the "Charter"), and an ordinance adopted by the City Council of the City (the "City Council ") on July 31, 2012 (the "Ordinance "). In the Ordinance, as permitted by the provisions of Chapter 1371, the City Council delegated the authority to certain City officials to approve the final pricing structure and certain other matters relating to the Certificates, which final sales terms will be evidenced in an "Approval Certificate" relating to the Certificates. (See "THE CERTIFICATES — Authority for Issuance" herein.) *Preliminary, subject to change. - vi - Redemption Paying Agent/Registrar The Certificates stated to mature on and after March 1, 20 , are subject to redemption, at the option of the City, in whole or in part, on March 1, 20 and any date thereafter, at par plus accrued interest to the date fixed for redemption. In addition, any Term Certificates (defined herein) will be subject to mandatory sinking fund 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 , Texas. The City intends to use the Book - Entry -Only System of The Depository Trust Company, New York, New York. (See `BOOK - ENTRY -ONLY SYSTEM" herein.) Security for and Sources of Payment Principal of and interest on the Certificates will be payable from and secured by the receipts from an annual ad valorem tax levied on all taxable property within the City, within the limits prescribed by law. Solely to comply with Texas law allowing the Certificates to be sold for cash, the Certificates are additionally secured by and payable from a lien on and pledge of the Pledged Revenues (anticipated to be in the amount of $1,000) derived from the operation of the City's Airport System, such lien and pledge, however, being subordinate and inferior to the lien on and pledge of the Net Revenues which are pledged to the payment of any Prior Lien Bonds, Junior Lien Bonds, or Subordinate Lien Obligations hereinafter issued by the City. The City previously authorized the issuance of the currently outstanding Limited Pledge Obligations (as described and defined in the Ordinance) which are payable, in part, from and secured by a lien on and pledge of a limited amount of the Net Revenues of the City's Airport System (as described and defined in the Ordinance) in the manner provided in the City ordinance authorizing the issuance of the Limited Pledge Obligations. In the Ordinance, the City reserves and retains the right to issue Prior Lien Obligations, Junior Lien Obligations, Subordinate Lien Obligations, and Additional Limited Pledge Obligations, while the Certificates are outstanding, without limitation as to principal amount but subject to any terms, conditions or restrictions as may be applicable thereto under law or otherwise. (See "THE CERTIFICATES — Security and Source of Payment" and "EFFECT OF THE TAX RATE LIMITATION" herein.) Ratings Future Debt Issues Payment Record Delivery The City has made applications for contract ratings on the Certificates to Fitch Ratings ( "Fitch "), Moody's Investors Service, Inc. ( "Moody's "), and Standard & Poor's Rating Services, a Standard & Poor's Financial Services LLC business ( "S &P "). Except for possible refundings of outstanding indebtedness for savings, the City does not anticipate the issuance of any additional limited tax indebtedness within the current calendar year. The City has not defaulted on the payment of its bonded indebtedness in over 73 years. When issued, anticipated to occur on or about August 28, 2012. SELECTED FINANCIAL AND TAX DATA 2011 Net Taxable Assessed Valuation (As of August 1, 2011) (100% of Market Value) Total Tax Supported Debt Outstanding(') Less: Self Supporting Debt Applicable Interest and Sinking Fund NET DEBT $ 14,085,804,898 Ratio Net Debt to 2011 Net Taxable Assessed Valuation 2.05% Net Debt Per Capita (2011 Population Estimate — 307,728) $937 Average Current Tax Collections Past Five Years 96.73% Average Total Tax Collections Past Five Years 99.23% (1) Adjusted to include the Certificates; preliminary, subject to change. See Page A -1 for more information. The remainder of this page intentionally left blank.] CITY OF CORPUS CHRISTI, TEXAS $5,970,000* COMBINATION TAX AND SURPLUS AIRPORT REVENUE CERTIFICATES OF OBLIGATION, SERIES 2012 (AMT) 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 $5,970,000* City of Corpus Christi, Texas Combination Tax and Surplus Airport Revenue Certificates of Obligation, Series 2012 (AMT) (the "Certificates "). Capitalized terms used in this Official Statement have the same meanings assigned to such term in the Ordinance (defined herein), 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 Constance Sanchez, Director of Financial Services, City of Corpus Christi, 1201 Leopard, Corpus Christi, Texas 78401, telephone (361) 826 -3227, upon request 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. A copy of the final Official Statement pertaining to the Certificates will be deposited with the Municipal Securities Rulemaking Board through its Electronic Municipal Market Access ( "EMMA ") system. See "CONTINUING DISCLOSURE OF INFORMATION" herein 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 permanent public improvements within the City, including improvements to the City being, specifically, the construction, acquisition, purchase, equipment, renovation, enlargement, and improvement of the City's airport facilities, and (2) to pay the costs of issuance of the Certificates. Authority for Issuance The Certificates are issued pursuant to the Constitution and general laws of the State of Texas, including particularly the Certificate of Obligation Act of 1971, Chapter 271, Subchapter C, as amended, Texas Local Government Code, Chapter 22, as amended, Texas Transportation Code, Chapter 1371, as amended, Texas Government Code ( "Chapter 1371 "), Chapter 1503, as amended, Texas Government Code, the City's Home Rule Charter (the "Charter"), and an ordinance adopted by the City Council of the City (the "City Council ") on July 31, 2012 (the "Ordinance "). In the Ordinance, as permitted by the provisions of Chapter 1371, the City Council delegated the authority to certain City officials to approve the final pricing structure and certain other matters relating to the Certificates, which final sales terms will be evidenced in an "Approval Certificate" relating to the Certificates. Security and Source of Payment Ad Valorem Tax Pledge. The Certificates are general obligations of the City, payable from its collection of an ad valorem tax levied, within the legal limitations imposed by law, upon all taxable property located in the City. (See "EFFECT OF THE TAX RATE LIMITATION" herein and "FINANCIAL INFORMATION — AD VALOREM TAXES" attached hereto as Appendix A). Limited Revenue Pledge Benefiting the Certificates. Solely to comply with Texas law allowing the Certificates to be sold for cash, the Certificates are additionally secured by and payable from a lien on and pledge of the Pledged Revenues (anticipated to be in the amount of $1,000) derived from the operation of the City's Airport System, such *Preliminary, subject to change. -1- lien and pledge, however, being subordinate and inferior to the lien on and pledge of the Net Revenues which are pledged to the payment of any Prior Lien Bonds, Junior Lien Bonds, or Subordinate Lien Obligations hereinafter issued by the City. The City previously authorized the issuance of the currently outstanding Limited Pledge Obligations (as described and defined in the Ordinance) which are payable, in part, from and secured by a lien on and pledge of a limited amount of the Net Revenues of the City's Airport System (as described and defined in the Ordinance) in the manner provided in the City ordinance authorizing the issuance of the Limited Pledge Obligations. In the Ordinance, the City reserves and retains the right to issue Prior Lien Obligations, Junior Lien Obligations, Subordinate Lien Obligations, and Additional Limited Pledge Obligations, while the Certificates are outstanding, without limitation as to principal amount but subject to any terms, conditions or restrictions as may be applicable thereto under law or otherwise. General Characteristics of the Certificates The Certificates are dated August 1, 2012 and are 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, 2013 and each September 1 and March 1 thereafter, until the earlier of maturity or redemption. The City intends to utilize the Book - Entry -Only System of The Depository Trust Company New York, New York ( "DTC "), but reserves the right on its behalf or behalf of DTC to discontinue such system. Principal of the Certificates will be payable upon presentation by the paying agent/registrar, initially Texas (the "Paying Agent/Registrar"), through its offices located in , 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 therefor, Cede & Co., as nominee of DTC, will be the Registered Owner (defined herein) of the Certificates and references herein to the holders of Certificates 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 of record (the "Registered Owner" or the "Owner") as of the Record Date (defined 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. Redemption The City has reserved the right, at its option, to redeem the Certificatess having stated maturities on and after March 1, 20 , in whole or in part in principal amounts of $5,000 or any integral multiple thereof, on March 1, 20, or any date thereafter, at the par value thereof plus accrued interest to the date of redemption. In addition, any consecutive maturities of Certificates grouped into one or more "term" Certificates (the "Term Certificates ") will be subject to mandatory sinking fund redemption. The respective 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 Not less than 30 days prior to a redemption date for the Certificates, the City shall cause a notice of redemption to be sent by United States mail, first- class, postage prepaid, to each Registered Owner of any Certificate to be redeemed, in whole or in part, at the address of the Registered Owner appearing on the registration books relating to the particular series of Certificates kept by the Paying Agent/Registrar (the "Security Register") at the close of business on the business day next preceding the date of mailing such notice. ANY NOTICE OF REDEMPTION SO MAILED SHALL BE CONCLUSIVELY PRESUMED TO HAVE BEEN DULY GIVEN IRRESPECTIVE OF WHETHER ONE OR MORE REGISTERED OWNERS OF CERTIFICATES FAILED TO RECEIVE SUCH NOTICE. 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 an 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 send 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 Direct Participant (defined herein), or of any Direct Participant or Indirect Participant (defined herein), to notify the Beneficial Owner (defined herein), 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 Direct Participants in accordance with its rules or other agreements with Direct Participants and then Direct Participants and Indirect Participants may implement a redemption of such Certificate from the Beneficial Owners. Any such selection of Certificates to be redeemed will not be governed 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 Direct Participants, Indirect Participants or the persons for whom Direct Participants act as nominees, with respect to the payments on the Certificates or the providing of notice to Direct 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 such 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 (hereinafter defined) certified by an independent public accounting firm of national reputation to be of such maturities and interest payment dates and to bear interest at such rates as will, without further investment or reinvestment of either the principal amount thereof or the interest earnings therefrom (likewise to be held in trust and committed, except as hereinafter provided), be sufficient to make such payment; provided however, that no certification by an independent accounting firm of the sufficiency of deposits shall be required in connection with a gross defeasance of the Certificates. The Ordinance provides that " Defeasance Securities" means (i) direct, noncallable obligations of the United States of America, including obligations that are unconditionally guaranteed by the United States of America, (ii) noncallable obligations of an agency or instrumentality of the United States of America, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that are rated as to investment quality by a nationally recognized investment rating firm not less than "AAA" or its equivalent, (iii) noncallable obligations of a state or an agency or a - 3 - county, municipality, or other political subdivision of a state that have been refunded and that are rated as to investment quality by a nationally recognized investment rating firm not less than "AAA" or its equivalent, and (iv) any additional securities and obligations hereafter authorized by State law as eligible for use to accomplish the discharge of obligations such as the Certificates. There is no assurance that the ratings for United States Treasury securities acquired to defease any Certificates, or those for any other Defeasance Securities, will be maintained at any particular rating category. Further, there is no assurance that current State law will not be amended in a manner that expands or contracts the list of permissible Defeasance Securities (such list consisting of those securities identified in clauses (i) through (iii) above), or any rating requirement thereon, that may be purchased with defeasance proceeds relating to the Certificates ( "Defeasance Proceeds "), though the City has reserved the right to utilize any additional securities for such purpose in the event the aforementioned list is expanded. Because the Ordinance does not contractually limit such permissible Defeasance Securities and expressly recognizes the ability of the City to use lawfully available Defeasance Proceeds to defease all or any portion of the Certificates, Registered Owners of Certificates are deemed to have consented to the use of Defeasance Proceeds to purchase such other Defeasance Securities, notwithstanding the fact that such Defeasance Securities may not be of the same investment quality as those currently identified under State law as permissible Defeasance Securities. Upon such deposit as described above, such Certificates will no longer be regarded to be outstanding or unpaid for purposes of applying any limitation or indebtedness. After firm banking and financial arrangements for the discharge and final payment of the Certificates have been made as described above, all rights of the City to initiate proceedings to call the Certificates for redemption or take any other action amending the terms of the Certificates are extinguished; provided, however, that 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 (i) in the proceedings providing for the firm banking and financial arrangements, expressly 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 stated maturity or prior redemption upon presentation to the Paying Agent/Registrar, which initially is , Texas, at its Designated Trust Office. Interest on the Certificates will be paid to Registered Owners shown on the Security Registrar on the Record Date, and such interest will be paid by check sent by United States mail, first -class postage prepaid, to the address of such Registered Owner appearing on 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. 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. The remainder of this page intentionally left blank.] 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 $ Deposit to Certificate Fund Issuance Expenses Underwriters' Discount Total Uses of Funds $ DEFAULTS AND REMEDIES If the City defaults in the payment of principal of, interest on, or redemption price of the Certificates when due, or if it fails to make payments into any fund or funds created in the Ordinance, or 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 City officials to carry out their legally imposed duties with respect to the Certificates, if there is no other available remedy at law to compel performance of the Certificates or Ordinance and the City's obligations are not uncertain or disputed. The issuance of a writ of mandamus, controlled by equitable principles, 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 Registered Owners of 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.3d 325 (Tex. 2006) that a waiver of sovereign immunity in a contractual dispute must be provided for by statute in "clear and unambiguous" language. Chapter 1371, which pertains to the issuance of public securities by issuers such as the City, permits the City to waive sovereign immunity in the proceedings authorizing the issuance of the Certificates. Notwithstanding its reliance upon the provisions of Chapter 1371 in connection with the issuance of the Certificates (as further described under the caption "THE CERTIFICATES — Authority for Issuance "), the City has not waived the defense of sovereign immunity with respect thereto. Because it is unclear whether the Texas legislature has effectively waived the City's sovereign immunity from a suit for money damages outside of Chapter 1371, Owners of Certificates may not be able to bring such a suit against the City for breach of the Certificates or the Ordinance. 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. Further, the Registered Owners cannot themselves foreclose on property within the City or sell property within the City to enforce the tax lien on taxable property to pay the principal of and interest on the Certificates. Furthermore, the City is eligible to seek relief from its creditors under Chapter 9 of the United States Bankruptcy Code ( "Chapter 9 "). Although Chapter 9 provides for the recognition of a security interest represented by a specifically pledged source of revenues, the pledge of ad valorem taxes in support of a general obligation of a bankrupt entity is not specifically recognized as a security interest under Chapter 9. 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 bondholders 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 Ordinance and the Certificates are qualified with respect to the customary rights of debtors relative to their creditors and principles of equity which permit the exercise of judicial discretion. REGISTRATION, TRANSFER AND EXCHANGE Transfers and Exchanges So long as any Certificates remain outstanding, the Paying Agent/Registrar shall keep the Security Register 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 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 Bond. 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 Bond. Future Registration In the event the Book - Entry -Only System should be discontinued, the Certificates may be transferred, exchanged and assigned on the Security Register, only upon presentation and surrender thereof to 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 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 Designated 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 determining the party to whom interest on a Certificate is payable on any interest payment date is the fifteenth 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 (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; provided however, that such limitation of transfer is not applicable to an exchange by the Registered Owner of the uncalled balance of a Certificate. Replacement Certificates The City has agreed to replace mutilated, destroyed, lost, or stolen Certificates upon surrender of the mutilated Certificates to the Paying Agent/Registrar, or receipt of satisfactory evidence of such destruction, loss, or theft, and receipt by the City and Paying Agent/Registrar of security or indemnity as may be required by either of them to hold them harmless. The City may require payment of taxes, governmental charges, and other expenses in connection with any such replacement. BOOK - ENTRY -ONLY SYSTEM This section describes how ownership of the Certificates is to be transferred and how the principal of premium, if any, and interest on the Certificates are to be paid to and credited by DTC, 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 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 Direct Participants, (2) Direct 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 United States Securities and Exchange Commission (the "SEC"), and the current procedures of DTC to be followed in dealing with Direct 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 certificate will be issued for each maturity of the Certificates, in the aggregate principal amount of each maturity of such issue, and will be deposited with DTC. General DTC, the world's largest securities depository, is a limited - purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 3.5 million issues of U.S. and non -U.S. equity issues, -7- 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 a Standard & Poor's rating of "AA + ". The DTC Rules applicable to Direct and Indirect Participants are on file with the SEC. More information about DTC can be found at www.dtcc.com. 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 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 and 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 the payment date in accordance with their respective holdings shown on DTC's records. Payments by Direct and Indirect 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 Direct and Indirect 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 and principal and interest on the Certificates 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 -8- 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, physical Certificates are required to be printed and delivered. The City may decide to discontinue use of the Book - Entry -Only System through DTC (or a successor securities depository). In that event, physical Certificates will be printed and delivered. The information in this section concerning DTC and DTC's Book - Entry -Only 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 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 has no voter - authorized but unissued limited ad valorem tax- supported bonds. In addition to voter - authorized ad valorem tax supported bonds, the City is authorized under State law to incur other debt obligations payable from its collection of ad valorem taxes, including certificates of obligation, tax notes, public property finance contractual obligations, and certain types of capital leases. 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 1980, 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 the City 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. Since that time, the citizens of the City have approved the issuance of general obligation bonds to finance various projects at elections held on November 7, 2000, November 2, 2004, and November 4, 2008. No bonds issued in reliance upon this voted authorization, including those general obligation bonds described under "AUTHORIZED BUT UNISSUED AD VALOREM TAX SUPPORTED BONDS ", which includes bonds issued to refund those general obligation bonds, are subject to the 68 cent tax rate limit. The remaining outstanding tax supported debt, and any currently outstanding certificates of obligation (including, upon issuance, the Certificates), are subject to the 68 cent tax rate limit, which is also applicable to the City's operation and maintenance expenditures. As stated above the Certificates are subject to the 68 cent tax rate limit. (See "THE CERTIFICATES — Security and Source of Payment" herein.) The City has, by election under the Texas Tax Code, adopted 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 approved freezing the ad valorem taxes for citizens 65 or older, or disabled, and their spouses on homesteads owned thereby. The effect of the imposition of the tax freeze has ranged from an ad valorem levy loss of approximately $400,000 in the initial year of implementation of the tax freeze to over $1,500,000 in fiscal year 2007 -2008, but appears to be leveling off somewhat. The City had foreseen and budgeted these ad valorem levy losses each year and believes the existing ad valorem tax rate is sufficient to maintain the current level of operations and should not affect 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. 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 $0.590 to $0.644 per $100 in -9- valuation over the last ten fiscal years. The current tax rate is $0.564 per $100 in valuation. The ability to continue to issue the debt necessary to add additional City improvements and to provide other current services within the tax rate limit will depend in part on the growth in the City's ad valorem and sales tax bases over the coming years as well as the ability of City management to continue to provide efficient City services. 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 73 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 obligation 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 notes, personal property finance contractual obligations, and certificates of obligation payable from ad valorem taxes for a variety of purposes generally without conducting an election. Such notes, personal property finance contractual obligations, and 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 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. The City anticipates the issuance of multiple series of obligations (both revenue and limited ad valorem tax - supported indebtedness), within the legal limits imposed by law or contract (as applicable), over the course of the next 12 months 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 State law, the City is authorized to invest in (1) obligations, including letters of credit, of the United States or its agencies or instrumentalities, (2) direct obligations of the State or its agencies and instrumentalities, (3) collateralized mortgage bonds 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 or the United States or their respective agencies and instrumentalities, (5) obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality by a nationally recognized investment rating firm not less than "A" or its equivalent, (6) certificates of deposit and share certificates meeting the requirements of the Public Funds Investment Act (Chapter 2256 of the Texas Government Code, as amended) (the "PFIA ") (i) 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) or in any other manner and amount provided by law for City deposits, or (ii) that are invested by the City through a depository institution that has its main office or a branch office in the State of Texas and otherwise meet the requirements of the PFIA, (7) fully collateralized repurchase agreements that have a defined termination date, are fully secured by a combination of cash and obligations described in clause (1) which are pledged to the - 10 - City, held in the City's name, and deposited at the time the investment is made with the City or with a third party selected and approved by the City and are placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in the State primary government securities dealer or a financial institution doing business in the State, (8) bankers' acceptance with a remaining term of 270 days or less, if the short-term obligations of the accepting bank or its parent are rated at least "A -1" or "P -1" or the equivalent by at least one nationally recognized credit rating agency, (9) commercial paper that is rated at least "A -1" or "P -1" or the equivalent by either (a) two nationally recognized credit rating agencies or (b) one nationally recognized credit rating agency if the paper is fully secured by an irrevocable letter of credit issued by a United States or State bank, (10) no -load money market mutual funds registered with and regulated by the SEC that provides the investing entity with a prospectus and other information required by the Securities Exchange Act of 1934 or the Investment Company Act of 1940 and that has 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 funds registered with the SEC that have an average weighted maturity of less than two years, invests exclusively in bonds described in the preceding clauses and clause (13), are continuously rated as to investment quality by at least one nationally recognized investment rating firm of not less than "AAA" or its equivalent, and conform to the requirements relating to the eligibility of investment pools to receive and invest funds, (12) obligations issued, assumed, or guaranteed by the State of Israel, and (13) guaranteed investment contracts secured by obligations of the United States of America or its agencies and instrumentalities, other than the prohibited obligations described in the next succeeding paragraph Entities such as the City may enter into securities lending programs if (i) the securities loaned under the program are 100% collateralized, a loan made under the program allows for termination at any time and a loan made under the program is either secured by (a) obligations that are described in clauses (1) through (5) and clause (13) above, (b) irrevocable letters of credit issued by a state or national bank that is continuously rated by a nationally recognized investment rating firm at not less than A or its equivalent or (c) cash invested in obligations described in clauses (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 less. The City may invest in such obligations directly or through government investment pools that invest solely in such obligations provided that the pools are rated no lower than AAA or AAAm or an equivalent by at least one nationally recognized rating service. The City is specifically prohibited from investing in: (1) obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage backed security collateral and pays no principal; (2) obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security and bears no interest; (3) collateralized mortgage obligations that have a stated final maturity of greater than 10 years; and (4) collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. Investment Policies Under Texas law, the City is required to invest its funds in accordance with 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 include 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. 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) Texas 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 term of the reverse repurchase agreement, (7) restrict the investment in non -money market mutual funds of any portion of bond proceeds, reserves and funds held for debt service and to no more than 15% of the entity's monthly average fund balance, excluding bond proceeds and reserves and other funds held for debt service, and (8) require local government investment pools to conform to the new disclosure, rating, net asset value, yield calculation, and advisory board requirements. City policies require investments in accordance with applicable state law. All investments which are authorized by State statutes, 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. The remainder of this page intentionally left blank.] Current Investments* As of April 30, 2012, the following percentages by investment type applied to the City's investable funds, which had an aggregate par value of $354,783,886.72, a market value of $354,870,256.47 and a book value of $354,783,886.72. City Portfolio Par Value: Money Market Local Government Investment Pool U. S. Agencies Total Market Value Book Value Market to Book Ratio Weighted Average Maturity Portfolio by Account Type (Par Value) Money Market Local Government Investment Pool U.S. Agencies Total * Unaudited $ 3,323,076.19 154,710,810.53 $ 196,750,000.00 $ 354,783,886.72 354,870,256.47 354,783,886.72 100.02% 236 Days 0.94% 43.61% 55.46% 100.00% As of such date, the market value of such investments (as determined by the City by reference to published quotations, dealer bids, and comparable information) was approximately 100% of book value. No funds of the City are invested in derivative securities, i.e, securities whose rate of return is determined by reference to some other instrument, index, or commodity. Fiscal Year Salaries($) 2001 -02 105,312,317 2002 -03 112,071,665 2003-04 121,245,107 2004 -05 120,616,280 2005 -06 124,601,361 2006 -07 127,318,989 2007 -08 133,145,260 2008 -09 140,069,626 2009 -10 142,607,262 2010 -11 147,878,682 (1) PAYROLL STATISTICS Social Security and Medicare($) 6,418,618 6,818,824 7,370,874 7,350,960 5,903,267 7,603,602 7,991,390 8,350,623 7,714,798 8,435,205 Texas Municipal Ret. System($) 9,826,228 10,241,750 11,386,987 12,827,988 13,853,273 14,372,192 15,603,377 16,549,804 18,330,551 16, 832, 574 This includes full time and summer employees. Fireman's Relief and Retirement($) 2,300,476 2,423,671 2,673,855 2,482,092 2,795,774 3,040,260 3,575,262 3,997,364 4,440,572 5,158,128 Total Paid by City as Employer($) 123,857,639 131,555,910 143,176,822 143,277,320 147,153,675 152,335,043 160,315,289 168,967,417 173,093,184 178,354,589 Number of Employees Last Payday of Fiscal Year(1) 3,264 3,264 3,317 3,126 3,183 3,217 3,309 3,406 3,236 3,091 Employee Pension Plan and Benefits The City's employees participate in the Texas Municipal Retirement System. This plan, the contributions made to this plan, and the City's unfunded pension fund liability are further described in Note 9 in "CERTAIN AUDITED FINANCIAL STATEMENTS" attached hereto as Appendix B. GASB Statement No. 45: Accounting and Financial Reporting by Employers for Postemployment Benefits Other than Pensions ( "OPEB "), establishes accounting standards for postretirement benefits. The standard does not require funding of OPEB expense, but any difference between the annual required contribution ( "ARC ") and the amount funded during the year is required to be recorded in the employer's financial statement as an increase (or decrease) in the net OPEB obligation. The effective date for implementation of GASB 45 by the City of Corpus Christi was August 1, 2007. The City is required to obtain an actuarial valuation at least once every two years in accordance with GASB 45 standards The City latest valuation is dated as of August 1, 2009, and discloses the following: Plan Description and Funding Policy Employees who retire from the City, and eligible dependents and survivors, are eligible to continue to participate in the City's health insurance programs at the "blended" employee group rate which is determined annually by the City and approved by the City Council. Retirees have 31 days to elect to enroll in the City's self- funded, single - employer health insurance plan (Citicare, Citicare Public Safety, and Citicare-Fire) in which they were participating at the time of retirement unless otherwise stated in a plan document or collective bargaining agreement. In an effort to reduce the City's liability, as of March 2010, civilian retirees that are Medicare - eligible have been enrolled in a separate Medicare insurance plan and are no longer covered by the City's group insurance plan. As of July 31, 2011, a total of 464 eligible retirees and dependents were participating in the City's group health program detailed as follows: Citicare 151 Citicare Premium 28 Citicare Public Safety 161 Citicare Fire 116 Pending Election 8 Total 464 The City provides no funding for any portion of the premiums after retirement. However, the City recognizes that there is an "implicit subsidy" arising as a result of the blended rate premium since retiree health care costs, on average, are higher than active employee healthcare costs. The plan is not accounted for as a trust fund as an irrevocable trust has not been established to fund the plan. The plan does not issue a separate financial report. Annual OPEB Cost and Net OPEB Obligation The City's annual OPEB cost is calculated based on the ARC of the employer, an amount actuarially determined in accordance with the parameters of GASB Statement 45. The ARC represents a level of funding that, if paid on an ongoing basis, is projected to cover normal costs each year and to amortize any unfunded actuarial liabilities over a period not to exceed 30 years. The City's annual OPEB cost for each plan for the current year is as follows: Citicare Citicare Public Citicare ($) Safety ($) Fire ($) Total ($) Annual required contribution 1,432,835 1,023,807 1,075,712 3,532,354 Interest on net OPEB obligation 288,602 121,766 151,444 561,812 ARC adjustment (261,557) (110,355) (137,252) (509,164) Annual OPEB cost 1,459,880 1,035,218 1,089,904 3,585,002 Contributions made (pay -as- you -go basis) 742,216 487,161 463,682 1,693,059 Increase in net OPEB obligation 717,664 548,057 626,222 1,891,943 Net OPEB obligation - beginning of year 6,413,370 2,705,914 3,365,414 12,484,698 Net OPEB obligation - end of year 7,131,034 3,253,971 3,991,636 14,376,641 Three year trend information is as follows: City's ARC 2009 2010 2011 Percentage of ARC contributed 2009 2010 2011 Net OPEB Obligation 2009 2010 2011 Citicare Public Citicare Citicare Safety Fire $3,427,045 $1,660,031 $2,050,229 $1,981,704 $996,754 $1,035,471 $1,459,880 $1,035,218 $1,089,904 22.5% 33.4% 30.4% 35.5% 44.5% 39.3% 50.8% 47.1% 42.5% $5,136,029 $2,152,317 $2,737,307 $6,413,370 $2,705,914 $3,365,414 $7,131,034 $3,253,971 $3,991,636 Funded Status and Funding Progress Total (Memorandu m Only) $7,137,305 $4,013,929 $3,585,002 N/A N/A N/A $10,025,653 $12,484,698 $14,376,641 The funded status of the plan as of the last valuation date of July 31, 2010, was as follows: Actuarial accrued liability Actuarial value of plan assets Unfunded actuarial accrued liability Funded ratio Covered payroll Unfunded actuarial accrued liability as a percentage of covered payroll Citicare $12,524,728 $12,524,728 Citicare Public Safety $13,584,349 $13,584,349 Citicare Fire $13,537,686 $13,537,686 Total $39,646,763 $39,646,763 0% 0% 0% 0% $75,985,799 $33,462,005 $24,597,155 $134,044,958 16.5% 40.6% 55.0% 29.6% Actuarial valuations involve estimates of the value of reported amounts and assumptions about the probability of events in the future. Amounts determined regarding the status of the plan and the annual required contributions of the City are subject to continual revision as actual results are compared to past expectations and new estimates are made about the future. The schedule of funding progress, presented as required supplementary information following the notes to the financial statements, presents multiyear trend information that shows whether the actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liabilities for benefits. Changes Since 2007 The total GASB 45 actuarial accrued liability for Citicare, Public Safety and Fire decreased from approximately $68 million as of August 1, 2007 to approximately $40 million as of August 1, 2009. The majority of the decrease is attributable to revisions to the actuarial assumptions in order to more accurately reflect the anticipated experience to the plan in the future. These included changes to the mortality, retirement, participation, persistency, claims cost and health care cost trend rate assumptions. The majority of this decrease is attributable to decreasing the participation assumption. Actuarial Methods and Assumptions Projections of benefits are based on the substantive plan and include the type of benefits in force at the valuation date and the pattern of sharing benefits between the City and the plan members at that point. Actuarial calculations reflect a long term perspective and employ methods and assumptions that are designed to reduce the short term volatility in actuarial accrued liabilities and the actuarial value of assets. Significant methods and assumptions used for this valuation are as follows: Measurement Date Actual Cost Method Amortization Period Amortization Method Discount rate CPI Healthcare Cost Trend Rate Payroll Growth Rate Collective Bargaining Agreements August 1, 2009 Projected Unit Credit 30 years, Open Level Percent of Payroll 4.50% 2.50% 10% initial rate, 4.5% ultimate rate, 19 year grade in period 3% annually 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 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 AND REGULATION City Claims and Litigation The City is a defendant in various tort claims and lawsuits involving general liability, automobile liability, and various contractual matters. The status of such litigation ranges from early discovery stage to various levels of appeal of judgments both for and against the City. The City intends to defend vigorously against the lawsuits; including the pursuit of all appeals; however, no prediction can be made as of the date hereof, with respect to the liability of the City for such claims or the outcome of such suits. In the opinion of the City Attorney, it is improbable that the lawsuits now outstanding against the City could become final in a timely manner so as to have a material adverse financial impact upon the City. Ex Parte the City of Corpus Christi, Texas. The case involves validation of the 2008 Bond Election, the resulting issuance of public securities pursuant to that election, and the resulting expenditures of money to execute the projects pursuant to that election under Chapter 1205 of the Texas Government Code. The parties severed the expenditure of bond funds related to the project involving the extension of Aquarius Street into a separate case. The trial court found for the City, granted the relief sought on the severed matters before the Court, and rendered judgment in favor of the City. The Secretary of the City issued a Certificate of Validated Public Security, in compliance with Section 1205.152, Texas Government Code, confirming that the obligations at issue in the case were validated and confirmed by the judgment entered by the trial court on November 29, 2011, signed by The Honorable Bobby Galvan, 94th Judicial District Court, Nueces County, Texas, which perpetually enjoined the commencement of any suit, action, or proceeding involving the validity of the obligations, or the provision made for payment of the principal and interest of such obligations. The City has appealed the trial court's ruling on the separate cause regarding expenditure of bond funds for the Aquarius Street project. San Pafricio Municipal Water District and South Texas Water Authority vs. City of Corpus Christi, Texas. The case involves a claim by two of the City's wholesale water customers that they were improperly billed by the City. The City challenged the trial court's jurisdiction to consider this matter. After consideration of this challenge, the trial court dismissed the case. The Court of Appeals subsequently reversed the judgment of the trial court, dismissing the appellants' breach of contract claims for lack of jurisdiction and remanded those claims back to the trial court. The case is presently pending in the original trial court but has not been set for a trial on the merits. The City has begun settlement negotiations with the Plaintiff and intends to vigorously defend against the lawsuit if the settlement negotiations fail. City of Ingleside, Texas vs. City of Corpus Christi, Texas. The City of Ingleside, Texas ( "Ingleside ") alleges that certain piers, bulkheads, wharves, and other man -made structures (the "Property ") originate on and extend from land within Ingleside's jurisdiction and extend into water which is included in the jurisdiction of Ingleside. The Plaintiff challenges the City's authority to assess and collect taxes on the Property and seeks a declaration from the trial court that the Property is within the jurisdiction of Ingleside, rather than that of the City. The property at issue or the value involved in this suit have yet to be determined. The City has filed a response and has begun settlement negotiations with the Plaintiff and intends to vigorously defend against the lawsuit if settlement negotiations fail. On the date of delivery of the Certificates to the Underwriters, the City will execute and deliver to the Underwriters a certificate to the effect that, except as disclosed herein, no litigation of any nature has been filed or is pending, as of that date, to restrain or enjoin the issuance or delivery of the Certificates or which would affect the provisions made for their payment or security or in any manner question the validity of the Certificates. (See "NO LITIGATION CERTIFICATE" herein.) Environmental Regulations The City is subject to the environmental regulations of the State and the United States in the operation of its water, wastewater, storm water and gas systems. These regulations are subject to change, and the City is required to expend substantial funds to meet the requirements of such regulatory authorities. Safe Drinking Water Act. In August 1996, amendments to the Federal Safe Drinking Water Act were signed into law. These amendments require the United States Environmental Protection Agency ( "EPA ") to regulate a wide variety of contaminants that may be present in drinking water, including volatile organic chemicals, other synthetic organic chemicals, inorganic chemicals, microbiological contaminants, and radionucleide contaminants The list of contaminants to be regulated is so lengthy that the amendments require EPA to establish a schedule for developing regulations regarding the contaminants There are several phases in EPA's regulatory timetables that are to be undertaken over the next few years. The initial impact of the amendments to the water system has been minimal, as the City has been able to comply with regulations promulgated to date. The full impact is difficult to project at this time, and would be dependent upon what maximum contaminant levels may be set for some future parameters and enhanced surface water treatment rules. Many of these parameters, such as waterborne pathogens, radionucleides and infection by- products contaminants, may require treatment changes that have not as yet been established by the EPA. Continued changes in rules and regulations will continue to cause process modifications, which will increase the cost of the maintenance and operation of the City's drinking water treatment and distribution facilities. These modifications and upgrades will require increased capital expenditures, which may be financed by the issuance of additional revenue bonds. Nueces Estuary Fresh Water Inflow Requirements. When the State granted the City and the NRA a right to store and divert State waters in the Choke Canyon Reservoir, it included a special provision in the water rights permit requiring that the Choke Canyon/Lake Corpus Christi Reservoir system be operated so as to provide no less than 151,000 acre -feet per year of fresh water inflow to the Nueces Estuary in order to maintain the ecological health of that estuary. This provision was later incorporated into the Certificate of Adjudication No. 21 -3214 for the Choke Canyon Reservoir. In 1990, the State issued the first of a series of orders governing the City's reservoir system operations in order to satisfy these fresh water inflow requirements. The effect of these orders, combined with the drought of 1982 -1984, was to significantly diminish the firm annual yield of the reservoir system. Under the 1992 Interim Order, reservoir system yield was estimated to be approximately 168,000 acre -feet per year. The City eventually negotiated a new operating plan governing the fresh water inflow requirements, and in May 1995, TCEQ approved an Agreed Order that now provides for a firm annual yield of 181,000 acre -feet per year while satisfying the fresh water inflow needs of the Nueces Estuary. Any future increase in fresh water inflow requirements could reduce the amount of water available for sale by the City's Combined Utility System. The 1995 TCEQ Agreed Order was further refined on April 4, 2001, to allow a more automatic transition from inflow requirements within the 1995 TCEQ Agreed Order. Federal and State Regulation of the Wastewater Facilities. The Federal Clean Water Act and the Texas Water Code regulate the Wastewater System's operations. All discharges of pollutants into the nation's navigable waters must comply with the Clean Water Act. The Clean Water Act allows municipal wastewater treatment plants to discharge treated effluent to the extent allowed in permits issued by the EPA pursuant to the National Pollutant Discharge Elimination System program ( "NPDES "), a national program established by the Clean Water Act for issuing, revoking, monitoring, and enforcing wastewater discharge permits. The Clean Water Act authorized the EPA to delegate NPDES permit responsibility to state or interstate agencies after certain prerequisites have been met by the relevant agencies. The EPA has delegated its NPDES authority to the TCEQ. The City no longer obtains duplicative wastewater discharge permits from TCEQ and EPA. The Texas Pollution Discharge Elimination System ( "TPDES ") permits issued by the TCEQ are the only permits required. The TCEQ wastewater discharge permits are issued under authority granted by the Texas Water Code, TPDES permits set limits on the type and quantity of wastewater discharge, in accordance with State and Federal laws and regulations, The Clean Water Act requires municipal wastewater treatment plants to meet secondary treatment effluent limitations as defined in EPA regulations. The Clean Water Act also requires that municipal plants meet any effluent limitations established by State or Federal laws or regulations, which are more stringent than secondary treatment. Under the Clean Water Act, states must identify any bodies of water for which more stringent effluent standards are needed to achieve water quality pollutant standards identified by the EPA. The Clean Water Act allows municipalities to apply for extensions of applicable deadlines for secondary or additional treatment. Status of Discharge Permits for City's Wastewater Treatment Plants. The Greenwood and Broadway wastewater plants are in the process of having their current discharge permit renewed. The Oso permit was renewed on April 29, 2011. The new Oso permit includes an additional ammonia limit, which is not currently included in the existing permit and has a 30 —month time limit for compliance. The Greenwood permit renewal is currently under review by the EPA. The EPA is asking TCEQ to include a Whole Effluent Toxicity ( "WET ") limit as an additional permit requirements. It is uncertain how long this delay will last, but upon resolution the disinfection criteria will be changing to a more strenuous microorganism (Enterococci). The Broadway permit is currently being held up by a public hearing request submitted to TCEQ during the public comment period. Following the resolution, the permit will be finalized and an amendment will immediately follow to move the existing outfall in accordance with the new plant construction project. Also, the TCEQ has added a new disinfection parameter (Enterococci) in the Oso, Laguna Madre, and Whitecap permits. When the permits are renewed at the Broadway and Greenwood plants, the Enterococci disinfection requirement will also be added. The Allison (permit expiration May, 2014), Whitecap (permit expiration July, 2014), and Laguna Madre (permit expiration April, 2015) wastewater treatment plants have been issued TPDES discharge permits by the TCEQ. An occasional upset may cause permit violations, but generally all six plants are in compliance. (See "LITIGATION AND REGULATION — Environmental Regulations — Potential Penalties for the City's Wastewater System's Violations" herein.) Potential Penalties for the City's Wastewater System's Violations. The failure by the City to achieve compliance with the Clean Water Act could result in either a private plaintiff or the EPA instituting a civil action for injunctive relief and civil penalties of up to $27,500 per day. In addition, the EPA has the power to issue administrative orders compelling compliance with its regulations and the applicable permits. The EPA can also bring criminal actions for recovery of penalties of up to $50,000 per day for willful or negligent violations of permit conditions or discharge without a permit. Violations of permits or administrative orders may result in the disqualification of a municipality for eligibility for federal assistance to finance capital improvements pursuant to the Clean Water Act. Even though the City is operating under TPDES permits, the City may still be liable for penalties from EPA under the Clean Water Act. Under State law, penalties for violation of State wastewater discharge permits or orders of the TCEQ can be a maximum of $10,000 per day per violation. The Executive Director of the TCEQ also has authority to levy administrative penalties of up to $10,000 per day for violation of TCEQ rules, orders or permits. Orders resulting from a civil action could require the imposition of additional user or service charges or the issuance of additional revenue bonds to finance the capital improvements required to ameliorate a condition that may have caused the violation of a TCEQ permit. The City has experienced sanitary sewer overflows ( "SSOs ") at its six wastewater treatment plants. In response, the City of Corpus Christi Wastewater Department has submitted an application to the TCEQ for resolution of these overflows through the State of Texas Sanitary Sewers Overflow Initiative. It provides a structured, voluntary plan for the management and rehabilitation of the collection system which includes programs for line cleaning, closed circuit televising, as well as an increase in smoke testing analysis. This voluntary plan is a potential ten year, $135 million plan to reduce SSOs within the collection system. As a result of the unauthorized SSOs, the City filed non - compliance reports with the TCEQ in accordance with the requirements of its discharge permits. These reports were reviewed by the EPA and became the subject of enforcement action thereby for the City's alleged failure to comply with the Clean Water Act (33 U.S.C. 1251, et seq.) due to the occurrence of the SSOs. The EPA, on September 19 ,2011, entered separate Findings of Violations and Order for Compliance (the "Administrative Orders ") for each of the City's six wastewater treatment plants, each of which required the City to cease the unauthorized discharges and/or prepare a rehabilitation and repair plan, describing necessary construction projects, to prevent future unauthorized discharges. In compliance with these - 19 - Administrative Orders, the City has initiated contact with the EPA, who is in the process of referring the matter to the United States Department of Justice (the "DOJ") for an enforcement action. The City and the EPA/DOJ are in the process of entering into a tolling agreement that precludes the running of any applicable statutes of limitation that might otherwise bar a claim by the EPA/DOJ in anticipation that the parties will engage in settlement negotiations. Since the date of the Administrative Orders, the City has interacted with the EPA, and in the future anticipates continued interaction and cooperation with the EPA and the DOJ, to address the violations identified in the Administrative Orders. To date, the City has conducted mock audits of its wastewater system and operations in anticipation of similar audits to be required and conducted by the EPA/DOJ. In addition, the City has voluntarily implemented the wastewater collection system management and rehabilitation plan described above through the TCEQ, under which improvements will be made to the City's collection system that are expected to reduce or eliminate SSOs prospectively. Finally, the City anticipates constructing and implementing approximately $98 million in wastewater system improvements over the next three years, some of which will address wastewater collection system deficiencies that have contributed to past SSOs. Negotiations between the City and the EPA/DOJ are in their infancy. Accordingly, the City cannot predict the length of such negotiations or the results thereof. Resolution of these matters will depend on the course of action ultimately agreed upon between the City and EPA/DOJ or ordered by a Federal District Court if the parties are unable to settle the matter. 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 capacity as Bond Counsel, Fulbright & Jaworski L.L.P., San Antonio, Texas has reviewed the information under the captions "THE CERTIFICATES ", "REGISTRATION, TRANSFER, AND EXCHANGE," "EFFECT OF THE TAX RATE LIMITATION" (the last three sentences of the first paragraph of such section only). "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. Though it represents the Financial Advisor and the Underwriters from time to time in matters unrelated to the issuance of the Certificates, Bond Counsel has been engaged by and only represents the City in connection with the issuance of the Certificates. 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. The legal opinion of Bond Counsel will accompany the Certificates deposited with DTC or will be printed on the definitive Certificates 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 their counsel, , , Texas, whose fee is contingent on the delivery of the Certificates. 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. - 20 - TAX MATTERS Opinion The delivery of the Certificates is subject to the opinion of Fulbright & Jaworski L.L.P., San Antonio, Texas, Bond Counsel, to the effect that interest on Certificates will be excludable from the gross income of the owners thereof pursuant to section 103 of the Internal Revenue Code of 1986, as amended to the date of initial delivery of the Certificates (the "Code ") and, except for interest on any Certificates during any period while such Certificate is held by a person who is a "substantial user" of any of the facilities financed or refinanced with the proceeds of the Certificates or by a "related person ", as such term is defined in section 147(a) of the Code; however interest on the Certificates will be included in computing the alternative minimum taxable income of the owners thereof which are individuals or corporations. The statute, regulations, rulings, and court decisions on which such opinion is based are subject to change. Forms of Bond Counsel's opinions appear in Appendix D hereto. Bond Counsel's opinion will note that interest on the Certificates will be a preference item under section 57 of the Code for purposes of the alternative minimum tax imposed under section 55 of the Code, and accordingly will be included in computing the alternative minimum taxable income of owners of the Certificates which are individuals, trusts, estates and corporations. A corporation's alternative minimum taxable income is also the basis on which the environmental tax imposed by section 59A of the Code will be computed. In rendering the foregoing opinions, Bond Counsel will rely upon the representations and certifications of the City made in a certificate of even date with the initial delivery of the Certificates pertaining to the use, expenditure, and investment of the proceeds of the Certificates and will assume continuing compliance by the City with the provisions of the Ordinance subsequent to the issuance of the Certificates. The Ordinance contains covenants by the City with respect to, among other matters, the use of the proceeds of the Certificates and the facilities financed therewith by persons other than state or local governmental units, the manner in which the proceeds of the Certificates are to be invested, the periodic calculation and payment to the United States Treasury of arbitrage "profits" from the investment of the proceeds, and the reporting of certain information to the United States Treasury. Failure to comply with any of these covenants may cause interest on the Bonds to be includable in the gross income of the owners thereof from the date of the issuance of the Certificates. Except as described above, Bond Counsel will express no other legal opinion with respect to any other federal, state or local tax consequences under present law, or proposed legislation, resulting from the receipt or accrual of interest on, or the acquisition or disposition of, the Certificates. Bond Counsel's opinion is not a guarantee of a result, but represents its legal judgment based upon its review of existing statutes, regulations, published rulings and court decisions and the representations and covenants of the City described above. No ruling has been sought from the Internal Revenue Service (the "IRS ") with respect to the matters addressed in the opinion of Bond Counsel, and Bond Counsel's opinion is not binding on the IRS. The IRS has an ongoing program of auditing the tax- exempt status of the interest on municipal obligations. If an audit of the Certificates is commenced, under current procedures the IRS is likely to treat the City as the "taxpayer," and the Owners of the Certificates would have no right to participate in the audit process. In responding to or defending an audit of the tax- exempt status of the interest on the Certificates, the City may have different or conflicting interests from the Owners of the Certificates. Public awareness of any future audit of the Certificates could adversely affect the value and liquidity of the Certificates during the pendency of the audit, regardless of its ultimate outcome. Tax Changes Existing law may change to reduce or eliminate the benefit to Registered Owners of the exclusion of interest on the Certificates from gross income for federal income tax purposes. Any proposed legislation or administrative action, whether or not taken, could also affect the value and marketability of the Certificates. Prospective purchasers of the Certificates should consult with their own tax advisors with respect to any proposed or future changes in tax law. Ancillary Tax Consequences Prospective purchasers of the Certificates should be aware that the ownership of tax- exempt obligations such as the Certificates may result in collateral federal tax consequences to, among others, financial institutions, property and casualty insurance companies, life insurance companies, certain foreign corporations doing business in the United States, S corporations with subchapter C earnings and profits, owners of an interest in a financial asset securitization - 21 - investment trust (FASIT), individual recipients of Social Security or Railroad Retirement benefits, individuals otherwise qualifying for the earned income tax credit and taxpayers who may be deemed to have incurred or continued indebtedness to purchase or carry, or who have paid or incurred certain expenses allocable to, tax- exempt obligations. Prospective purchasers should consult their own tax advisors as to the applicability of these consequences to their particular circumstances. Tax Accounting Treatment of Discount Certificates The initial public offering price to be paid for certain Certificates may be less than the amount payable on such Certificates at maturity (the "Discount Certificates "). An amount equal to the difference between the initial public offering price of a Discount Certificate (assuming that a substantial amount of the Discount Certificates of that maturity are sold to the public at such price) and the amount payable at maturity constitutes original issue discount to the initial purchaser of such Discount Certificates. A portion of such original issue discount, allocable to the holding period of a Discount Certificate by the initial purchaser, will be treated as interest for federal income tax purposes, excludable from gross income on the same terms and conditions as those for other interest on the Certificates. Such interest is considered to be accrued actuarially in accordance with the constant interest method over the life of a Discount Bond, taking into account the semiannual compounding of accrued interest, at the yield to maturity on such Discount Certificate and generally will be allocated to an initial purchaser in a different amount from the amount of the payment denominated as interest actually received by the initial purchaser during his taxable year. However, such accrued interest may be required to be taken into account in determining the alternative minimum taxable income of a corporation, for purposes of calculating a corporation's alternative minimum tax imposed by section 55 of the Code, and the amount of the branch profits tax applicable to certain foreign corporations doing business in the United States, even though there will not be a corresponding cash payment. In addition, the accrual of such interest may result in certain other collateral federal income tax consequences to, among others, financial institutions, property and casualty insurance companies, life insurance companies, S corporations with subchapter C earnings and profits, owners of an interest in a FASIT, individual recipients of Social Security or Railroad Retirement benefits, individuals otherwise qualifying for the earned income tax credit, and taxpayers who may be deemed to have incurred or continued indebtedness to purchase or carry, or who have paid or incurred certain expenses allocable to, tax- exempt obligations. In the event of the sale or other taxable disposition of a Discount Certificate prior to maturity, the amount realized by such owner in excess of the basis of such 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 Discount Certificate was held) is includable in gross income. Owners of Discount Certificates should consult with their own tax advisors with respect to the determination for federal income tax purposes of accrued interest upon disposition of Discount Certificates and with respect to the state and local tax consequences of owning Discount Certificates. It is possible that, under applicable provisions governing determination of state and local income taxes, accrued interest on the Discount Certificates may be deemed to be received in the year of accrual even though there will not be a corresponding cash payment. Tax Accounting Treatment of Premium Certificates The initial public offering price to be paid for certain Certificates may be greater than the stated redemption price on such Certificates at maturity (the "Premium Certificates "). An amount equal to the difference between the initial public offering price of a Premium Certificate (assuming that a substantial amount of the Premium Certificates of that maturity are sold to the public at such price) and its stated redemption price at maturity constitutes premium to the initial purchaser of such Premium Certificates. The basis for federal income tax purposes of a Premium Certificate in the hands of such initial purchaser must be reduced each year by the amortizable bond premium, although no federal income tax deduction is allowed as a result of such reduction in basis for amortizable bond premium with respect to the Premium Certificates. Such reduction in basis will increase the amount of any gain (or decrease the amount of any loss) to be recognized for federal income tax purposes upon a sale or other taxable disposition of a Premium Bond. The amount of premium which is amortizable each year by an initial purchaser is determined by using such purchaser's yield to maturity. Purchasers of Premium Certificates should consult with their own tax advisors with respect to the determination of amortizable bond premium on Premium Certificates for federal income tax purposes and with respect to the State and local tax consequences of owning and disposing of Premium Certificates. LEGAL INVESTMENTS AND ELIGIBILITY TO SECURE PUBLIC FUNDS IN TEXAS 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 at least "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 secure 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 The City has made applications for contract ratings on the Certificates to Fitch Ratings ( "Fitch "), Moody's Investors Service, Inc. ( "Moody's "), and Standard & Poor's Rating Services, a Standard & Poor's Financial Services LLC business ( "S &P "). 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. There is no assurance that the ratings of the City 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 underlying, unenhanced ratings on the City's currently outstanding limited ad valorem tax- supported indebtedness reflect upgrades received by the City due to the recalibration of municipal credit ratings that both Fitch and Moody's completed in 2010. Moody's released its recalibrated ratings on April 23, 2010 and Fitch released their recalibrated ratings on April 30, 2010. See "CONTINUING DISCLOSURE OF INFORMATION — Compliance with Prior Undertakings" herein. Due to the ongoing uncertainty regarding the economy and debt of the United States of America, including, without limitation, the general economic conditions in the country and developments arising from the Budget Control Act of 2011, including the deliberations and results thereof of the Joint Select Committee on Deficit Reduction, and other political and economic developments that may affect the financial condition of the United States government, the United States debt limit, and the bond ratings of the United States and its instrumentalities, obligations issued by state and local governments, such as the Certificates, could be subject to a rating downgrade. Additionally, if a significant default or other financial crisis should occur in the affairs of the United States or of any of its agencies or political subdivisions, then such event could also adversely affect the market for and ratings, liquidity, and market value of outstanding debt obligations, including the Certificates. NO- LITIGATION CERTIFICATE At the time of delivery of the Certificates, the City will execute and deliver a certificate dated as of the date of delivery to the effect that no litigation has been filed or is then pending to restrain or enjoin the issuance or delivery of the Certificates, or which would affect the provisions made for payment of the principal of and interest on the Certificates or in any manner question the validity of the Certificates. GENERAL INFORMATION The descriptions herein do not purport to be complete and all such descriptions or references are qualified in their entirety by reference to the complete form of the Ordinance or other documents or source they summarize Statements made herein involving estimates or projections, whether or not expressly identified as such, should not be construed to be statements of fact or as representations that such estimates or projections will ever be attained or will approximate actual results. Any summaries or excerpts of constitutional provisions, statutes, ordinances, or other documents do not purport to be complete statements of same and are made subject to all of the provisions thereof. Reference should be made to such original sources in all respects. For additional information with respect to the financial condition of the City, a copy of the July 31, 2011 Comprehensive Annual Financial Report of the City of Corpus Christi, Texas is available upon written request addressed to the Office of the Director of Financial Services, City of Corpus Christi, Corpus Christi, Texas 78469- 9277 or can also be found on the City's website. CONTINUING DISCLOSURE OF INFORMATION In the Ordinance, the City has made the following agreement for the benefit of the Registered 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 events to the Municipal Securities Rulemaking Board (the "MSRB "). The information provided to the MSRB will be available to the public free of charge via the Electronic Municipal Market Access ( "EMMA ") system through an internet website accessible at www.emma msrb.org. Annual Reports The City will file certain updated financial information and operating data with EMMA 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 ", 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 2012. The City will provide the updated information to the MSRB in an electronic format, which will be available through EMMA to the general public without charge. 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 ( "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 audited financial statements when and if such financial statements become 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 in each year following the end of its fiscal year, unless the City changes its fiscal year. If the City changes its fiscal year, it will file with the MSRB. NOTICE OF CERTAIN EVENTS The City will file with the MSRB notice of any of the following events with respect to the Certificates not more than 10 business days after occurrence of the event: (1) principal and interest payment delinquencies; (2) non - payment related defaults, if material; (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, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701 -TEB), or other material notices or determinations with respect to the federal income tax status of the Certificates, or other material events affecting the tax status of the Certificates; (7) modifications to rights of Registered Owners of the Certificates, if - 24 - material; (8) Certificate calls, if material, and tender offers; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Certificates, if material; (11) rating changes; (12) bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; (13) the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) appointment of a successor or additional paying agent/registrar or the change of name of a paying agent/registrar, if material. 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 file each notice described in this paragraph with the MSRB. For these purposes, any event described in clause (12) of the immediately preceding paragraph is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under State or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. Availability of Information Effective July 1, 2009 (the "EMMA Effective Date "), the SEC implemented amendments to Rule 15c2 -12 which approved the establishment by the MSRB of EMMA, which is now the sole successor to the national municipal securities information repositories with respect to filings made in connection with undertakings made under Rule 15c2 -12 after the EMMA Effective Date. Commencing with the EMMA Effective Date, all information and documentation filing required to be made by the City in accordance with its undertaking made for the Certificates will be made with the MSRB in electronic format in accordance with MSRB guidelines. Access to such filings will be provided, without charge to the general public, by the MSRB. With respect to debt of the City issued prior to the EMMA Effective Date, the City remains obligated to make annual required filings, as well as notices of material events, under its continuing disclosure obligations relating to those debt obligations (which includes a continuing obligation to make such filings with the Texas state information depository (the "SID")). Prior to the EMMA Effective Date, the Municipal Advisory Council of Texas (the "MAC ") had been designated by the State and approved by the SEC staff as a qualified SID. Subsequent to the EMMA Effective Date, the MAC entered into a Subscription Agreement with the MSRB pursuant to which the MSRB makes available to the MAC, in electronic format, all Texas- issuer continuing disclosure documents and related information posted to EMMA's website simultaneously with such posting. Until the City receives notice of a change in this contractual agreement between the MAC and EMMA or of a failure of either party to perform as specified thereunder, the City has determined, in reliance on guidance from the MAC, that making its continuing disclosure filings solely with the MSRB will satisfy its obligations to make filings with the SID pursuant to its continuing disclosure agreements entered into prior to the EMMA Effective Date. Limitations and Amendments The City has agreed to update information and to provide notices of specified events only as described above. The City has not agreed to provide other information that may be relevant or material to a complete presentation of its financial results of operations, condition, or prospects or agreed to update any information that is provided, except as described above. The City makes no representation or warranty concerning such information or concerning its usefulness to a decision to invest in or sell Certificates at any future date. The City disclaims any contractual or tort liability for damages resulting in whole or in part from any breach of its continuing disclosure agreement or from any statement made pursuant to its agreement, although Registered Owners 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 - 25 - 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 provided. The City may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of 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. Due to the recalibration of municipal credit ratings that both Fitch and Moody's completed in 2010, the City received changed ratings on its unenhanced limited ad valorem tax indebtedness from both Moody's (on April 23, 2010) and Fitch (on April 30, 2010) (see "RATINGS" herein). On June 18, 2010, the City filed notice of these material events with the MSRB through EMMA. REGISTRATION AND QUALIFICATION OF CERTIFICATES FOR SALE The sale of the Certificates has not been registered under the Federal Securities Act of 1933, as amended, in reliance upon the exemption provided thereunder by Section 3(a)(2); and the Certificates have not been qualified under the Securities Act of Texas in reliance upon various exemptions contained therein; nor have the Certificates been qualified under the securities acts of any jurisdiction. The City assumes no responsibility for qualification of the Certificates under the securities laws of any jurisdiction in which the Certificates may be sold, assigned, pledged, hypothecated or otherwise transferred. This disclaimer of responsibility for qualification for sale or other disposition of the Certificates shall not be construed as an interpretation of any kind with regard to the availability of any exemption from securities registration provisions. UNDERWRITING , as the authorized representative of a group of underwriters (the "Underwriters "), has agreed, subject to certain conditions, to purchase the Certificates from the City at the prices indicated on the inside front cover hereof, less an underwriting discount of $ , plus accrued interest on the Certificates from their dated date to their date of initial delivery to the Underwriters. The Underwriters' obligation is subject to certain conditions precedent. The Underwriters will be obligated to purchase all of the Certificates if any Certificates are purchased. The Certificates may be offered and sold to certain dealers and others at prices lower than such public offering price, and such public prices may be changed from time to time, by the Underwriters. The Underwriters have provided the following sentence for inclusion in this Official Statement. The Underwriters have reviewed the information in this Official Statement in accordance with their responsibilities to investors under the federal securities laws as applied to the facts and circumstances of this transaction, but the Underwriters do not guarantee the accuracy or completeness of such information. FINANCIAL ADVISOR M.E. Allison & Co., Inc. (the "Financial Advisor") is employed by the City in connection with the issuance of the Certificates and in such capacity, has assisted the City in compiling documents related thereto. Although the Financial Advisor assisted in drafting this Official Statement, the Financial Advisor has not independently verified all of the data contained in it or conducted a detailed investigation of the affairs of the City to determine the accuracy or completeness of this Official Statement. No person should presume that the limited participation of the - 26 - 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. INDEPENDENT ACCOUNTANTS This Official Statement includes the combined financial statements of the City for the fiscal year ended July 31, 2011. 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 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 Rule 15c2 -12 codified at 17 C.F.R. Section 240.15c2 -12. ATTEST: /s/ City Secretary By: /s/ Mayor [The remainder of this page intentionally blank.] 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 July 1, 2012 and adjusted to include the Certificates. 2011 Assessed Valuation (100% of Market Value) Less: Exemptions Net Taxable Assessed Valuation(') General Improvement Bonds Outstanding(2) Combination Tax and Revenue Certificates of Obligation Outstanding(2) 2008 Tax Notes 2012 Public Property Financal Contractual Obligations The Certificates* Total Indebtedness Payable from Taxes* Less: Self- Supporting Debt(3) Available Interest & Sinking Funds(') Net Indebtedness Payable from Taxes* $82,067,578 2,241,147 $ 17,882,164,397 3,796,359,499 $ 14,085,804,898 92,210,000 3,275,000 7,390,000 5,970,000 $ 84,308.725 Ratio Total Debt to 2011 Net Taxable Assessed Valuation Ratio Net Debt to 2011 Net Taxable Assessed Valuation 2011 Estimated City Population 307,728 Total Debt Per Capita $ Net Debt Per Capita $ * Preliminary, subject to change. (1) Pursuant to authority permitted by Section 1 -b, Article VIII of the State Constitution, the City has granted an exemption of $50,000 of market valuation to the residence homestead of property owners over 65 years of age and an exemption of $50,000 of market valuation for disabled property owners. Also, the legislature, pursuant to a constitutional amendment and Section 11.22 of the Property Tax Code, mandated an additional property tax exemption for disabled veterans or the surviving spouse or children of a deceased veteran who died while on active duty in the armed forces. The exemption from taxation applies to either real or personal property with the amount of assessed valuation exempted ranging from $1,500 to $3,000, depending on the amount of disability or whether the exemption is applicable to surviving spouse or children. Starting in tax year 1996, the exemption increased in range from $5,000 to $12,000 of assessed value. A disabled veteran who receives from the United States Department of Veterans Affairs or its successor 100% disability compensation due to a service- connected disability and a rating of 100% disabled or of individual unemployability is entitled to an exemption from taxation of the total appraised value of the veteran's residence homestead. Furthermore, following the approval by the voters at a November 8, 2011 statewide election, effective January 1, 2012, the surviving spouse of a deceased veteran who had received a disability rating of 100% is entitled to receive a residential homestead exemption equal to the exemption received by the deceased spouse until such surviving spouse remarries. Additionally, State law provides that an eligible over of agricultural land or timberland may apply to have such property appraised on the basis of productivity value or on the basis of market value, whichever is less. A 1981 constitutional amendment provides local governments the option of granting homestead exemptions of up to 30% of market value for the 1985 through 1987 tax years, and up to 20% of market value thereafter. Minimum exemption is $5,000. Since tax year 1982, the City has granted a homestead exemption of 10% of market value or $5,000, whichever is greater. The constitutional amendment further provides that taxes may continue to be levied against the value of the homestead exemption where ad valorem taxes have been previously pledged for the payment of debt, if cessation of the levy would impair the obligation of the contract by which the debt was created. The appraisal of property within the City is the responsibility of the Nueces County Appraisal District (the "Appraisal District "). The Appraisal District is required under the Property Tax Code to assess all property within the Appraisal District on the basis of 100% of its value and is prohibited from applying any assessment ratios. In determining market value of property, different methods of appraisal may be used, including the cost method of appraisal, the income method of appraisal and the market data comparison method of appraisal, and the method considered most appropriate by the chief appraiser is to be used. State law requires the appraised value of a residence homestead to be based solely on the property's value as a residence homestead, regardless of whether residential use is considered to be the highest and best use of the property. State law further limits the appraised value of a residence homestead for a tax year to an amount that would not exceed either the lesser of (1) the property's market value in the most recent tax year in which it was assessed or (2) the sum of (a) 10% of the property's appraised value in the preceding tax year, plus (b) the property's appraised value the preceding tax year, plus (c) the market value of all new improvements to the property. 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 Appendix A -1 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. On November 2, 2004, voters of the City approved freezing the ad valorem taxes for citizens 65 or older, or disabled, and their spouses on homesteads owned thereby. Discount Bonds are shown at original issue amount. To continue to maintain this debt as self - supporting, transfers have been made from the Tourist and Convention revenues and Airport Parking and Texas State Aquarium revenues, Lexington Museum, Airport Lease revenues and parking, Reinvestment Zone #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. The anticipated Interest and Sinking Fund balance as of July 31, 2012 is $9,660,116. After deducting 23.2% or $2,241,147 which applies to self - supporting debt, the balance of the Interest & Sinking Fund applicable to tax supported debt of $7,418,969. [The remainder of this page intentionally left blank.] Appendix A -2 Estimated Overlapping Debt Expenditures of the various taxing bodies, such as school and special districts, within the territory of the City of Corpus Christi are paid out of ad valorem taxes levied by these taxing bodies on properties within the City. These political taxing bodies are independent of the City and may incur borrowings to finance their expenditures. The City has not independently verified the accuracy or completeness of such information as being accurate or complete. Furthermore, certain entities listed may have issued additional bonds since the date stated in the table, and such entities may have programs requiring the issuance of a substantial amount of additional bonds, the amounts of which cannot be determined. The following table reflects the estimated share of overlapping net debt of these various taxing bodies. Taxing Body Calallen I.S.D. Corpus Christi I.S.D. Del Mar College District Flour Bluff I.S.D. London I.S.D. Nueces County (excluding special districts) Nueces County Hospital District Nueces County WC &ID No. 4 Port Aransas I.S.D. Tuloso- Midway I.S.D. West Oso I.S.D. Total Gross Overlapping Debt Overlapping Gross Debt($) As Of 44,871,819 4/30/2012 325,460,000 4/30/2012 85,405,000 4/30/2012 4,785,000 4/30/2012 10,874,620 4/30/2012 109,040,000 4/30/2012 6,845,000 4/30/2012 0 4/30/2012 7,149,998 4/30/2012 49,958,468 4/30/2012 31,629,130 4/30/2012 Percent Overlapping( %)(2) 39.77 94.22 92.14 85.45 3.85 37.05 37.05 0.47 70.08 50.16 32.16 Net Debt($)(' 17,845,522 306,648,412 78,692,167 4,088,783 418,673 40,399,320 2,536,073 5,010,719 25,059,168 10,171,928 490,870,764 (1) Discount bonds are shown at original issue amount excluding subsequent compounding. (2) Overlapping percentage represents the percentage of the estimated land area of the particular entity covered by the City. Source: Municipal Advisory Council of Texas, Texas Municipal Reports and the City. Debt Ratios The following table shows a comparison of the ratios of net tax supported debt, estimated net overlapping debt and combined net debt to assessed value of taxable property and estimated population in the City for the past five fiscal years. For the purpose of this table, net direct debt consists of the City's tax supported debt less the amounts considered for self - supporting debt and applicable interest and sinking funds. Net Taxable Assessed Valuation Estimated Population Net Direct Debt - Tax Supported Ratio to Assessed Value Per Capita Net Overlapping Debt Ratio to Assessed Value Per Capita Net Direct and Net Overlapping Debt Ratio to Assessed Value Per Capita 2012($)x') 14,085,804,898 307,728 2011($) 13,900,137,536 305,215 212,546,610 1.53% 696 492,634,066 3.54% 1,614 705,090,676 5.07% 2,310 (1) Adjusted to include the Certificates; preliminary, subject to change. Appendix A -3 2010($) 14,440,609,740 300,000 227, 209,148 1.57% 756 423,475,393 2.92% 1,412 650,684,541 4.50% 2,169 2009($) 13,813,335,014 297,447 227,358,677 1.65% 763 412,626,414 2.98% 1,387 639,985,091 4.62% 2,152 2008($) 13,410,861,047 297,447 152,501,365 1.14% 512 301,494,843 2.24% 1,014 453,996,208 3.38% 1,526 Pro Forma Debt Service Requirements - Tax Supported Bonds The following table sets forth the principal and interest requirements on the City's outstanding tax supported debt. OUTSTANDING TAX SUPPORTED DEBT THE CERTIFICATES* TOTAL TAX SUPPORTED DEBT* FY Principal($) Interest($) Total($) Principal($) Interest($)(') Total($) Principal($) Interest($) Total($) 2013 124,979 124,979 2014 214,250 214,250 2015 185,000 214,250 399,250 2016 190,000 210,550 400,550 2017 195,000 206,750 401,750 2018 200,000 202,850 402,850 2019 200,000 198,850 398,850 2020 205,000 194,850 399,850 2021 210,000 188,700 398,700 2022 220,000 182,400 402,400 2023 225,000 175,800 400800 2024 230,000 169,050 399,050 2025 240,000 159,850 399,850 2026 250,000 152,650 402,650 2027 255,000 145,150 400,150 2028 265,000 137,500 402,500 2029 275,000 126,900 401,900 2030 285,000 115,900 400,900 2031 295,000 104,500 399,500 2032 305,000 92,700 397,700 2033 320,000 80,500 400,500 2034 330,000 67,700 397,700 2035 345,000 54,500 399,500 2036 365,000 37,250 402,250 2037 380,000 19,000 399,000 5,970,000 3,577,379 9,547,379 * Preliminary, subject to change. (1) Interest calculated at an assumed rate for purposes of illustration. Appendix A-4 Interest and Sinking Fund Management A ten year record of the City's policy of maintaining substantial reserves for the next year's debt service requirement on the City's Tax Supported Debt is set out below: Year Ended 7 -31 -2002 7 -31 -2003 7 -31 -2004 7 -31 -2005 7 -31 -2006 7 -31 -2007 7 -31 -2008 7 -31 -2009 7 -31 -2010 7 -31 -2011 Principal and Interest Requirements($) 23,613,985(3) 24,221,824(4) 26,360,208 27,769,909 27, 996, 942(5) 30,610,155 29,211,053 34,200,614 32,909,628 31,558,671 Tax Collections & Other Revenue($) (1) 22,817,235 24,846,218 25,704,993 26,846,675 27,935,063 31,988,938 34,200,653 35,065,792 35,606,385 34,906,020 I &SF Balance End of Year($) (2) 11,282,621 11,907,015 11,251,800 10,328,564 10,255,911 11,622,271 16,591,514 10,134,301 11,923,519 14,436,907 Percent of Next Year's Requirements( %) 48.1 46.2 42.2 39.0 33.5 40.8 66.8 29.6 36.2 45.7 Other revenue includes transfers from Enterprise funds for self - supporting debt, interest on reserve and construction funds and other sources. 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. This table removes the Tax Increment Financing Zone debt and reflects only the City's debt. On December 1, 2001, a partial refunding of the City's General Improvement Bonds was effected to take advantage of lower interest rates. Principal and interest in the amount of $11,340,000 includes $197,291 in bond issuance expenses paid on this refunding issue. On April 1, 2003, a partial refunding of the City's General Improvement Bonds was effected to take advantage of lower interest rates. Principal and interest in the amount of $22,575,000 includes $338,430 in bond issuance expenses paid on this refunding issue. On September 1, 2004, a partial refunding of the City's General Improvement Bonds was effected to take advantage of lower interest rates. Principal and interest in the amount of $27,769,909 includes $365,529 in bond issuance expenses paid on this refunding issue. On June 1, 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 $1,129,938 in bond issuance expenses paid on this refunding issue. The remainder of this page intentionally left blank.] Appendix A -5 Detailed Interest and Sinking Fund Management Index Actual Actual Actual Actual Actual 2010-11($) 2009-2010($) 2008-2009($) 2007-2008($) 2006-2007($) Balance on Hand Previous Year 11,923,519 10,134,301 16,591,514 11,622,271 10,255,912 Revenues: Ad Valorem Taxes 27,221,210 27,345,690 26,227,912 24,884,901 22,036,645 Payment from Texas State Aquarium 373,232 361,107 518,318 508,685 518,117 Payment from Lexington Museum Associates 275,647 272,796 285,022 248,868 347,173 Payment from Corpus Christi Cony. & Visitors -- -- -- -- -- Harbor Playhouse contribution for TESS Art Museum Bureau to TESS Fund Contributions: Transfer from Airport Fund 37,851 204,450 198,181 423,206 510,582 Transfer from Golf Centers Fund 11,007 10,919 10,980 64,763 -- Transfers from Reinvestment Zone #1 -- -- -- Transfer from Hotel Occupancy Tax Fund 1,991,680 2,492,473 2,489,296 1,886,648 2,492,278 Transfer from Visitors Facility Fund -- -- 15,026 15,169 Transfer from General Fund 4,821,415 4,676,897 4,330,611 4,185,390 3,818,052 Transfer from Maintenance Services Fund -- -- -- 147,051 148,448 Transfer from Municipal Information Seryices Fund -- -- -- 196,869 200,194 Transfer from Marina Revenue Fund 19,069 18,917 19,023 76,910 123,779 Transfer from Utility System Fund 98,145 133,644 176,951 998,216 1,193,334 Transfer from Stores Fund -- -- -- 14,523 14,661 Transfer from Liability and Employee Benefits Fund 15,522 15,669 Transfer from Development Services Fund -- 12,888 Interest on Investments 46,764 89,492 283,267 534,075 541,948 Other Revenues Net Proceeds from Refunding Bonds Miscellaneous Total Revenues 10,000 34,906,020 35,606,385 526,230 35,065,791 34,200,653 31,988,937 Expenditures: Principal retired 17,225,924 19,485,000 30,245,000 17,840,000 20,065,000 Interest 16,649,639 14,313,227 11,264,815 11,371,053 10,545,155 Paying agent fees 17,699 18,940 13,189 10,857 12,423 Bond Issuance Cost -- -- -- 9,500 -- Total expenditures 32,392,632 33,817,167 41,523,004 29,231,410 30,622,578 Closing Ba1ance(1) 14,436,907 11,923,519 10,134,301 16,591,514 11,622,271 (1) The City anticipates a Closing Balance as of July 31, 2012 of $9,660,116. Appendix A-6 General Fund Balances Fiscal Year Ending July 31 2011($) 2010($) 2009($) 2008($) 2007($) Revenues: Taxes & business fees 120,077,657 115,988,341 117,074,319 115,198,120 111,500,632 Licenses and permits 4,885,342 3,288,415 3,700,195 3,576,249 3,399,993 Intergovernmental 411,412 356,181 715,443 403,127 497,520 Charges for services 55,357,860 52,553,384 50,802,031 48,952,962 44,505,375 Fines and forfeitures 4,710,688 5,652,401 6,897,078 6,825,170 6,907,942 Interest on investments 185,159 335,931 707,797 1,532,486 1,500,447 Miscellaneous 2,117,526 1,685,715 1,275,286 1,199,353 1,064,729 Total Revenues 187,745,644 179,860,368 181,172,149 177,687,467 169,376,638 Expenditures: General government 15,605,207 17,324,672 17,726,201 16,131,881 14,298,422 Public safety 114,239,238 109,770,949 107,255,349 102,772,631 98,665,201 Streets 15,182,605 14,601,145 15,937,459 14,224,719 13,183,111 Solid Waste 22,417,906 18,160,649 16,985,429 18,249,243 15,168,861 Health 4,548,717 4,807,657 4,659,525 4,428,969 4,154,426 Community enrichment 18,974,005 20,066,220 19,845,314 20,773,243 17,885,895 Miscellaneous(1) 145,511 -- -- -- Debt service: Principal Retired 1,844,154 2,763,223 2,111,227 3,018,049 3,073,876 Interest 1,899,028 292,268 236,828 237,267 198,600 Total Expenditures 194,856,371 187,786,783 184,757,332 179,836,002 166,628,392 Excess (deficiency) of revenues over expenditures (7,110,727) (7,926,415) (3,594,183) (2,148,535) 2,748,246 Other fmancing sources (uses): Capital leases 5,655,103 4,110,898 3,746,061 2,623,408 3,447,512 Operating Transfers in 10,265,053 9,989,823 4,246,170 4,981,976 4,623,722 Operating Transfers out (7,592,941) (7,089,914) (6,343,795) (5,673,653) (5,405,534) Total other fmancing sources (uses) 8,327,215 7,010,807 1,648,436 1,931,731 2,665,880 Excess (deficiency) of revenues and other sources over expenditures and other uses ** 1,216,488 (915,608) (1,945,747) (216,804) 5,414,126 Fund balance at beginning of year 29,348,444 30,264,053 32,209,800 32,426,604 27,012,478 Fund balance at end of year 30,564,932 29,348,445 30,264,053 32,209,800 32,426,604 ** Operating deficits were planned draws. (1) Beginning 2005, Miscellaneous expenditures were reclassified to General Government. Appendix A -7 Industrial Districts During 1980, the City designated two areas of land within its extraterritorial jurisdiction as industrial district areas for the purpose of establishing industrial district contracts. An annual in lieu of tax payment is collected from industries located thereon in return for continuation of their extraterritorial status. Both areas combined comprise approximately 14,020 acres. The improvements located thereon are primarily commercial or industrial in nature. The area designated as Industrial District Number One is located on the City's northeast side contiguous to Nueces Bay and the harbor area. Industrial District Number Two is located on the City's northwest side and is bound primarily by the east City limit line, F.M. Road 1694 and State Highway 44. The City's authority to designate industrial districts is provided under Section 42.044, Local Government Code of the Revised Civil Statutes of Texas and extends to the entire extraterritorial jurisdiction of the City. Subsequent to the 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 agreements first became effective January 1, 1981, and the City Council has authorized three extensions of all contracts, the last being effective January 1, 2005. Fifty -eight companies are now operating under industrial district agreements. The total assessed value of land and improvements comprising all the existing industrial districts approximated $2,693,904,881 as of January 1, 2011. The City received industrial district payments as follows: Fiscal Year Amount($) 2001 -02 5,630,018 2002 -03 5,797,952 2003 -04 5,913,767 2004 -05 5,752,858 2005 -06 5,839,686 2006 -07 5,899,224(1) 2007 -08 5,653,371(1) 2008 -09 6,002,640 2009 -10 6,104,418 2010 -11 6,156,789 "' 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 did not materially increase, the industrial district payments decreased. Appendix A -8 Sales and Use Tax The City imposes a 1% City 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($) Tax Levy Tax Rate Census ($) 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 44,345,165 61.57 0.42 149.09 2008 -2009 44,416,163 57.50 0.32 149.32 2009 -2010 40,460,050 50.87 0.28 134.87 2010 -2011 44,478,983 55.92 0.31 148.26 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 is used 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). 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 (i) the spouse was fifty-five years of age or older at the time of the person's death, (ii) the surviving spouse was at least 55 years of age when the spouse died, and (iii) the property was the residence homestead of the surviving spouse when the spouse died and the property remains the residence property of the surviving spouse. 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. Section 11.131 of the Texas Tax Code states that a disabled veteran who receives from the United States Department of Veterans Affairs or its successor 100% disability compensation due to a service - connected disability and a rating of 100% disabled or of individual unemployability is entitled to an exemption from taxation of the total appraised value of the veteran's residence homestead. Following the approval by the voters at a November 8, 2011 statewide election, effective January 1, 2012, the surviving spouses of a deceased veteran who had received a disability rating of 100% is entitled to receive a Appendix A -9 residential homestead exemption equal to the exemption received by the deceased spouse until such surviving spouse remarries. 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. 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 (i) the spouse was 55 years of age or older at the time of the person's death, (ii) the surviving spouse was at least 55 years of age when the spouse died, and (iii) the property was the residence homestead of the surviving spouse when the spouse died and the property remains the residence property of the surviving spouse. 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 residence within the taxing unit. Once established, the governing body of the taxing unit may not repeal or rescind the tax limitation. The remainder of this page intentionally left blank.] Appendix A -10 Assessed Valuations The Nueces County Appraisal District provided the City with a certified appraisal roll on July 22, 2011, for tax year 2011. The following table sets forth a comparison of the total net taxable property assessed valuation as of January 1 for the past ten years: Tax Year 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Basis of Assessment(%) 100 100 100 100 100 100 100 100 100 100 Real Property Personal Property Net Taxable Estimated Assessed Value($) (1) Market Value($) 7,425,008,625 8,922,477,009 7,926,634,055 9,525,269,802 8,465,741,365 10,272, 93 5,304 9,304,960,019 11,130,529,932 10,234,441,848 12,166,23 9,146 11,694,623,855 14,084,066,107 12,361,873, 857 14,738,45 5,220 13,15 5, 520, 834 15,599,675,802 12,728,912,006 15,899,330,012 12,310,233,012 15 , 640, 922,141 Net Taxable Assessed Value($) (') 1,001,648,102 1,021,262,343 1,173,820,407 1,183,064,809 1,186,864,070 1,416,208,996 1,451,461,157 1,285,088,906 1,171,225,530 1,775,571,885 Estimated Market Value($) 1,047,865,471 1,091,986,683 1,191,484,860 1,230,303,736 1,247,502,997 1,447,200,791 1,481,661,131 1,523,844,670 1,462,945,239 2,255,975,300 Net Taxable Assessed Value($) (1) 8,426,656,727 8,947,896,398 9,639,561,772 10,488,024,828 11,421,305,918 13,110,832,851 13,813,335,014 14,440,609,740 13,900,137,536 14,085,804,898 Totar) Estimated Market Value($) 9,970,342,480 10,617,256,485 11,464,420,164 12,360,833,660 13,413,742,143 15,531,266,898 16,220,116,351 17,123,520,472 17,362,275,251 17,896,897,441 Percentage of Increase (Decrease)(%) 5.3% 6.5% 8.0% 7.7% 8.6% 15.8% 4.5% 5.6% 1.4% 3.1% Amounts shown are net taxable assessed values after the following deductions: residential homestead exemptions including exemptions granted to persons disabled and/or 65 years of age and older; exemptions granted to disabled and deceased veterans; productivity value loss; tax abatements; and agricultural use. Exemptions are granted to disabled veterans or their survivors based upon a percentage of type of disability with a minimum exemption of $1,500 and a maximum exemption of $3,000. Starting in fiscal year 1996-97, these exemptions increased to a new range: from a minimum of $5,000 to a maximum of $12,000 of assessed value. Mobile homes, while classified as personal property, may be residential homesteads. Under the provisions of a Constitutional Amendment, the City has the option of granting homestead exemption of up to 20% of market value. Minimum exemption is $5,000. Since tax year 1982, the City has granted a homestead exemption of 10% of market value or $5,000, whichever is greater. [The remainder of this page intentionally left blank.] Appendix A-11 Exemptions - Over 65 Exemptions Tax Assessed Value Number of Assessed Value Average Year Exemption($) (1) Exemptions of Exemptions($) Value($) 2003 50,000 16,602 713,508,103 42,977 2004 50,000 16,670 729,550,443 43,764 2005 50,000 16,770 747,885,037 44,597 2006 50,000 16,795 756,289,977 45,031 2007 50,000 16,959 774,587,868 45,674 2008 50,000 17,166 802,600,366 46,755 2009 50,000 17,177 802,699,473 46,731 2010 50,000 17,375 819,145,241 47,145 2011 50,000 17,868 841,638,516 47,103 Disabled Taxpayers Exemptions Tax Assessed Value Number of Assessed Value Average Year Exemption($) (1) Exemptions of Exemptions($) Value($) 2003 50,000 2,880 115,715,191 40,179 2004 50,000 3,038 124,941,699 41,126 2005 50,000 3,270 136,391,738 41,710 2006 50,000 3,543 153,034,972 43,194 2007 50,000 3,858 169,395,823 43,908 2008 50,000 4,074 184,952,780 45,398 2009 50,000 4,280 194,297,769 45,397 2010 50,000 4,504 204,995,262 45,514 2011 50,000 4,679 205,544,886 43,929 Disabled Veterans Exemptions Tax Assessed Value Number of Assessed Value Average Year Exemption(') Exemptions of Exemptions($) Value($) 2003 (2) 2,241 20,755,630 9,262 2004 (2) 2,404 22,271,738 9,264 2005 (2) 2,562 23,814,922 9,295 2006 (2) 2,675 24,676,948 9,225 2007 (2) 2,822 26,170,310 9,274 2008 (2) 2,994 27,809,472 9,288 2009 (2) 3,100 30,377,347 9,799 2010 (2) 3,247 41,283,581 12,714 2011 (2) 3,687 96,175,499 26,085 See notes, next page. Homestead Exemption -Local Option Tax Assessed Value Number of Year Exemption' Exemptions 2003 (3) 56,051 2004 (3) 56,560 2005 (3) 57,473 2006 (3) 57,748 2007 (3) 58,305 2008 (3) 58,784 2009 (3) 59,186 2010 (3) 60,121 2011 (3) 59,624 (3) Assessed Value of Exemptions($) 434,924,406 467,542,416 503,873,807 540,248,333 583,485,482 668,799,297 697,842,878 744,021,763 704,863,979 Average Value($) 7,759 8,266 8,767 9,355 10,007 11,377 11,791 12,375 11,822 This exemption was granted pursuant to an election held on April 6, 1987, called upon petition of the voters of the City. Beginning with tax year 1976, under provision of the Texas Constitution, the City must grant an exemption ranging from $1,500 to $3,000 of assessed value of residential homesteads or personal property of disabled veterans who file for the exemption based on a formula of the percent of disability claimed. Starting in tax year 1996, the exemption increased in range. The new range is from $5,000 to $12,000 of assessed value. Under provisions of a Constitutional Amendment, the City has the option of granting homestead exemption of up to 20% of market value. Minimum exemption is $5,000. The City has granted 10% of market value or $5,000 exemptions, whichever is greater. Tax Abatement State law authorizes subdivisions of the State of Texas to grant tax abatements to any person, organization or corporation in order to stimulate economic development within the State. Consequently, the City Council has adopted a resolution establishing criteria whereby the City will, on a case -by -case basis, give consideration to providing tax abatement to any qualifying applicant. Generally, the period of abatement is for up to two years during the period of construction and for five years thereafter with a maximum period not to exceed seven years. The percentage of tax abated shall be determined based upon permanent jobs provided by the project as follows: 0% on 49 or less; 50% on 50 to 99; 75% on 100 to 199; 100% on over 200. Notwithstanding the resolution adopted by the City Council, or the criteria attendant thereto, it is not implied or suggested that the City is under any obligation to provide tax abatement to any applicant. As of January 1, 2011 the estimated value of property in the City that was subject to tax abatement is $482,650,287. Tax Rates and Limitations The maximum tax rate permitted by the Constitution of Texas is $2.50 per $100 of assessed valuation. On April 3, 1993, the citizens of Corpus Christi voted to amend the City Charter which contained a tax limitation of $0.68 per $100 of assessed valuation for all purposes including debt service. The amended Charter provides for the tax rate to increase up to the State limit for voter approved debt authorized after April 4, 1993. The ad valorem tax rate is levied each year by the City Council through the adoption of a tax rate ordinance. Effective January 1, 2000, all taxing units must adopt their tax rates before the later of September 30 or the 60th day after the taxing unit receives the appraisal roll. The following table indicates the tax rate distribution for the past nine tax years and current tax year. The remainder of this page intentionally left blank.] Tax Rate Distribution (per $100) Tax Year General Fund($) Interest & Sinkin2 Funds($) Total($) 2002 0.460031 0.184144 0.644175 2003 0.466554 0.177621 0.644175 2004 0.460000 0.174175 0.634175 2005 0.426624 0.199175 0.625799 2006 0.403197 0.199175 0.602372 2007 0.364671 0.199175 0.563846 2008 0.364671 0.199175 0.563846 2009 0.364671 0.199175 0.563846 2010 0.385131 0.197138 0.582269 2011 0.380339 0.190218 0.570557 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 that an election be held to determine whether to reduce the tax rate adopted for the current year to the rollback tax rate. "Effective tax rate" means the rate that will produce last year's total tax levy (adjusted) from this year's total taxable values (adjusted). "Adjusted" means lost values are not included in the calculation of last year's taxes and new values are not included in this year's taxable values. "Rollback tax rate" means the rate that will produce last year's maintenance and operation tax levy (adjusted) from this year's values (adjusted) multiplied by 1.08 plus a rate that will produce this year's debt service from this year's values (unadjusted) divided by the anticipated tax collection rate. Levy and Collection of Taxes The City has contracted for the collection of its property taxes with the Nueces County Tax Assessor /Collector. In July or August of each year, the rate of taxation is set by the City Council based upon the valuation of property within the City as of January 1. Ad valorem taxes are due on receipt of a tax bill and payable from October 1 of the year in which levied until January 31 of the following year without interest or penalty. Split payments are not allowed. On February 1, the unpaid taxes become delinquent and have a penalty and interest charge of seven (7 %) percent. Taxes delinquent from March 1 through June 30 have an additional penalty and interest charge of two (2 %) percent per month for a total penalty and interest charge of fifteen (15 %) percent. Taxes delinquent on July 1 have a total penalty and interest charge of eighteen (18 %) percent. Taxes delinquent on July 1 accrue an additional fifteen (15 %) percent for collection cost of taxes. Unpaid taxes after July 31 accrue an additional interest charge of one (1 %) percent per month until paid. The Property Tax Code makes provision for discounts for early payment and the postponement of the delinquency date under certain circumstances. Fiscal year 1991 -92 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. 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 I Tax Net Taxable Tax Year Year Assessed Valuation($) Rate($) % Current % of Total Ending 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 10,488,024,828 0.625799 96.0 98.6 7 -31 -06 2006 11,421,305,918 0.602372 95.2 97.7 7 -31 -07 2007 13,110,832,851 0.563846 97.3 99.7 7 -31 -08 2008 13,813,335,014 0.563846 96.8 99.2 7 -31 -09 2009 14,440,609,740 0.563846 96.91 99.48 7 -31 -10 2010 13,900,137,536 0.582269 97.48 100.07 7 -31 -11 2011 14,085,804,898 0.570557 * * 7 -31 -12 * Unavailable until the end of the 2011 -2012 Fiscal Year. Table II Outstanding Delinquent Tax as Delinquent Outstanding Percent of Fiscal Tax Net Current Current Tax Tax Total Tax Delinquent Current Year Year Tax Levy($) Collections($) Collections($) Collections($) Tax($) Levy( %) Ending 2002 54,282,374 52,161,807 1,631,724 53,793,530 4,985,476 9.2 7 -31 -03 2003 57,640,112 55,417,905 1,575,879 56,993,784 6,332,114 11.0 7 -31 -04 2004 61,131,691 58,864,317 1,829,112 60,693,430 4,794,920 7.8 7 -31 -05 2005 65,237,253 62,656,806 1,684,900 64,341,706 4,961,481 7.6 7 -31 -06 2006 68,230,749 64,961,636 1,704,973 66,666,609 5,038,461 7.4 7 -31 -07 2007 72,029,119 70,048,380 1,756,979 71,805,359 5,241,882 7.2 7 -31 -08 2008 76,595,854 74,146,566 1,828,812 75,975,378 5,655,522 7.4 7 -31 -09 2009 79,537,895 77,079,808 2,040,856 79,120,664 5,757,290 7.2 7 -31 -10 2010 78,777,938 76,795,311 2,035,534 78,830,845 5,423,366 6.9 7 -31 -11 2011 The remainder of this page intentionally left blank.] Principal Ad Valorem Taxpayers The following table identifies the taxpayers in the City with the ten largest assessed valuations in 2011. Name of Taxpayer Type of Business 2011 Assessed Value($) 1 Bamey M. Davis Power Station Power Plant 264,864,190 2 American Electric Power Texas Central Co. Electric Utility 92,565,300 3 Corpus Christi Retail Venture LP Commercial Propert ies 78,804,140 4 H. E. Butt Grocery Company Retail Stores 70,328,151 5 Markwest Javelina Pipeline Company Energy and Natural Gas 62,415,670 6 Bay Area Health Care Hospital /Healthcare 53,479,825 7 Wal -Mart Real Estate Business Trust Retail Stores 43,320,430 8 Air Products, LLC Gas Industry 37,794,200 9 AT &T Telephone Services 37,666,080 10 TRT Development Company Commercial Properties 34,453,374 Percentage of Total to Tax Year 2011 Net Taxable Assessed Value equals 5.51% Source: Nueces County Appraisal District. 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 designated a portion of the City as a reinvestment zone pursuant to the Act. The area was designated as Corpus Christi Reinvestment Zone No. 1 ( "Zone No. 1 "). In accordance with the terms approving the creation of Zone No. 2 (defined below), Zone No. 1 was terminated on March 1, 2004. 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 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. On December 16, 2008 the City Council approved a 20 year Tax Increment Financing Zone for the Downtown area, designated as the Corpus Christi Reinvestment Zone No. 3 ( "Zone No. 3 "). Zone No. 3 is intended A -16 to address the problem of substandard, slum and/or deteriorating structures within the boundaries of Zone No. 3, the predominance of defective or inadequate sidewalk and street layouts and conditions that endanger life or property by fire or other cause. The boundaries of Zone No. 3 start along the Bayfront from the Sea town area (ship channel) on the North, Morgan Avenue to the South and west to Tancahua Street. [The remainder of this page intentionally left blank.] The primary function of Zone No. 3 will be the planning, design and construction of public improvements. Zone No. 3 is only one of a variety of planned funding sources and programs that will act in concert to accomplish a changed public environment in downtown. Over the last ten (10) years the City has invested over $150 million in the downtown area, and $47 million is planned for locations partly or wholly within Zone No. 3 intended to rehabilitate and improve existing public infrastructure. Some examples of possible improvements include: • Streetscape, sidewalks and crosswalks • Roadways and traffic management • Parks, public spaces and public facilities • Utilities and drainage • Land assembly • Environmental remediation and safety improvements • The City's contribution of its tax increment revenues to Zone No. 3 is projected to be $28 5 million over the 20 year period. The City will request the participation of Nueces County and Del Mar College, a junior college district and a taxing unit whose boundaries are coterminous with those of Nueces County. If these two entities elect to fully participate for the 20 years, it is estimated that Zone No. 3 will collect a total of $59 9 million in tax increment revenues. The revenue projections assume a 3% growth in valuations and a 98% tax collection rate throughout the duration of Zone No. 3. The City estimates that the decision of Nueces County and Del Mar College to participate in Zone No. 3 will be known by the end of the first quarter of 2009. 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 2009 -2010 and the related levy. The Corporation issued an additional $2,900,000 in 2006 to complete the $12,000,000 authorized amount. In 2008 the Corporation issued refunding bonds for the full amount of the bonds. Reinvestment Zone No. 2 Gross Current Jurisdiction TIF Appraised Taxable Taxable Jurisdiction Taxable TIF Entity Value($) Value($) Value($) Levy($) Value($) Levy($) Nueces County 417,516,411 385,607,977 81,914,369 240,025 304,890,394 1,069,952 Farm to Market 417,516,411 385,289,977 81,763,172 2,959 304,701,691 13,190 Hospital District 417,516,411 385,607,977 81,914,369 107,708 304,890,394 471,625 City of Corpus Christi 417,516,411 389,364,763 82,695,893 388,751 307,547,980 1,734,098 College (1) 417,516,411 391,276,295 82,890,624 794,389 309,228,376 155,474 1,533,902 1,531,258,835 3,444,339 (1) 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 Bonds, 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.] [This page intentionally left blank.] APPENDIX B CERTAIN INFORMATION RELATING TO THE CITY OF CORPUS CHRISTI 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. Population and Location Corpus Christi is now the eighth largest city in the State of Texas with a population of 305,215 based on the 2010 United States Census report. 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 "CERTAIN AUDITED FINANCIAL STATEMENTS" attached hereto as Appendix B. 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 (the "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. 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: Management Ronald L. Olson, City Manager Ronald L. Olson was appointed City Manager effective May 2, 2011, having previously worked in local government for more than 30 years. Prior to his appointment, Mr. Olson served as the County Administrator for Polk County, Iowa for four years. He also served as Deputy City Manager for the City of Arlington, Texas for three years; City Manager for the City of Middletown, Ohio for 12 years; and City Manager for the City of West Jordan, Utah, for four years. Mr. Olson holds a Bachelor of Science, Business Management and Political Science degree from Brigham Young University and a Master of Public Administration degree from Brigham Young University. Troy Riggs, Assistant City Manager for Safety, Health, & Neighborhoods Troy Riggs began his career with the City after being selected as the Chief of Police in October 2009. During his tenure, Mr. Riggs restructured the police department, introduced intelligence -Led policing, established accountability methods, and involved citizens and employees in the decision - making process. Due to these changes, the police department enjoys a reputation for excellence. In November 2011, Mr. Riggs was appointed to the position of Assistant City Manager for Safety, Health & Neighborhoods. His responsibilities include overseeing the Police Department, Fire Department, Health Department, Animal Care, Neighborhood Improvement, Parks and Recreation, Libraries and the Marina. Mr. Riggs previously worked for the Jefferson County Government and the Louisville Metro Police Department. During his 20 years in Louisville, he served as a sworn member of the police force and also a member of the Judge/Executive's staff where he assisted with the day -to -day operations of government representing nearly 700,000 citizens. During his tenure on the Judge's staff, he was involved in working on the referendum that allowed Jefferson County and Louisville Governments to merge in 1998. Toby Hammett Futrell, Interim Assistant City Manager for Business Support Services Toby Hammett Futrell was appointed Interim Assistant City Manager for Business Support Services in March 2012. She is responsible for the Development Services function, economic development, tourism, and downtown redevelopment initiatives, which includes oversight of the Corpus Christi Museum of Science and History, and the American Bank Center which is comprised of the City's Convention Center, Selena Auditorium, and Arena. Ms. Futrell has 32 years of experience in public administration. She spent 17 of those 32 years as an executive serving as Assistant City Manager, Deputy City Manager and ultimately as City Manager performing functions as diverse as parks, economic development, budget, finance, auditing, public works, utilities and public safety. She became City Manager of Austin, Texas, in December 2001, and served a seven -year tenure before retiring to Corpus Christi in 2008. Futrell earned a Master of Business Administration degree from Southwest Texas State University. She attended the University of Texas at Austin and earned a Bachelor's degree from St. Edward's University. Futrell taught for six years in the Master of Public Administration (MPA) Program at the University of Texas LBJ School before leaving Austin and most recently at the MPA Program through Texas A &M Corpus Christi University, as well as in the Texas State University's Certified Public Manager's Program. Oscar R. Martinez, Assistant City Manager for Public Works, Utilities, & Transportation Oscar R. Martinez was appointed Assistant City Manager for Public Works & Utilities in December 2011, after serving as Assistant City Manager for Health, Safety & Neighborhoods since August 2011. As Assistant City Manager, he is responsible for overseeing the departments of Airport, Engineering (including capital projects), Environmental Services, Gas, Master Planning, Storm Water, Streets, Solid Waste Services, Wastewater and Water. Prior to that time, Mr. Martinez was appointed in October 2004 as Assistant City Manager for Administrative Services. Mr. Martinez previously served as Assistant Budget Director for the City of Corpus Christi in the mid - 1980's. Prior to his most recent employment with the City of Corpus Christi, he served over 14 years in workforce development as President/Chief Executive Officer ( "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 Independent School District as well as the Dallas Independent School District. Mr. Martinez has a Master of Arts degree in Public Administration from St. Mary's University in San Antonio, Texas and a Bachelor of Arts degree in Political Science/Business Administration from Texas A &I University in Kingsville, Texas. He has served on several Boards, including 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 for Government & Operations Support Margie C. Rose was named Assistant City Manager for Government & Operations Support by the City Council effective June 2011. Prior to that time, Ms. Rose served as Interim City Manager and Assistant City Manager for Community Services, having previously worked in local government for more than 20 years. 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 B -2 professional committees including the Michigan Municipal League Finance and Taxation Committee, International City /County Management Planning Committee and the Michigan City Management Workplace Diversity Committee. Ms. Rose received her Bachelor of Business Administration (Accounting) degree in 1984 and her Masters of Public Administration in 1991, both from Eastern Michigan University. Constance P. Sanchez, CPA, CPM, Director of Financial Services Constance P. Sanchez was appointed Director of Financial Services in December 2011. Prior to that time, she served as Interim Director of Financial Services since September 2008. In her role as director, Ms. Sanchez is responsible for all areas of financial management, including financial reporting, accounting, budgeting, treasury, revenue and collections, purchasing, and the utility business office which includes billing, field services, and customer services for the City of Corpus Christi. Before that time, she was appointed Assistant City Auditor, Auditor, Chief Accountant, Assistant Director of Financial Services, and Deputy Director of Financial Services. Prior to her 20 years with the City, Ms. Sanchez was an auditor with KPMG Peat Marwick for three years. Ms. Sanchez is a member of the American Institute of Certified Public Accountants (AICPA), the Texas Society of Certified Public Accountants (TSCPA), and a member of the Government Finance Officers Association of Texas. Ms. Sanchez, a life -long citizen of Corpus Christi, was valedictorian of her high school class. She received an Associates of Arts degree in Business Administration from Del Mar College (graduating summa cum laude) and a Bachelor of Business Administration degree with a major in Accounting (graduating magna cum laude), from Corpus Christi State University. Ms. Sanchez is a Certified Public Accountant and a Certified Public Manager. 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 five 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 131 playgrounds, a marina with 580 yacht basin slips, 4 municipal beaches, 2 public golf courses, 9 swimming pools, 37 tennis courts, 9 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 2,657 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 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 Charter requires an annual audit to be made of the books of accounts, records, and transactions of the City by a Certified Public Accountant. The Fiscal Year of the City begins the first day of August of each year and ends with the thirty -first day of July of the following year. The Government Finance Officers Association of the United States (the "GFOA ") first awarded the City its Certificate of Conformance, later termed the Certificate of Achievement for Excellence in Financial Reporting, for its annual financial report for 1957. The City was awarded the same recognition for its 1970, 1975, 1978, 1979, 1983, and 1984 through 2011 financial reports. Budget Procedures State laws and the 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, 2011 set forth in "CERTAIN AUDITED FINANCIAL STATEMENTS" attached hereto as Appendix B. Population The 2010 United States Census population for the City is 305,215 which is approximately 10% greater than the population reported in 2000. The table shows the history of population from 1920 to 2010: [The remainder of this page intentionally left blank.] Population Percent of Increase Over United States Census Figures for 1920 - 2010 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% 2010 305,215 10% 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 The City'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 the City 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 Port Corpus Christi (the "Port"), which has served the area for over seventy years. The Port is the sixth largest port in the United States with more than 125 acres of open storage and fabrication sites and more than 295,000 square feet of covered dockside storage. The City 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 The City continues to grow as a regional center for a 12- county area. Major renovations to the City's retail mall "La Palmera" were completed in 2010 which has attracted many new retail outlets to its location. The $50 million upgrade project includes 18,000 square foot expansion of a major department store, an aquatic - themed food court with a 4,400 gallon aquarium, outdoor mall area, fountains and a children's play area. Other developments include the construction of a 2.5 -acre water park next to Whataburger Field. This water park will include racing slides, a lazy river, a children's pool and concession areas. It is scheduled to open in April 2012. Additionally, negotiations are underway with Schlitterbahn for the creation of a water park and resort on Padre island. Early designs for the approximately $35 million Padre Island resort include a 12 -hole golf course, lodging, restaurants and a 12 -acre water park with a meandering river and a retractable roof so it could be used throughout the year. It could open as early as the summer of 2013. The Eagle Ford Shale oil and gas formation is employing many of the City's residents. Both offshore rig fabricators, Kiewit and Gulf Marine, have increased orders due to the lifting of the offshore drilling moratorium, which should add a combined 1,000 workers to the workforce. The M &G Group, one of the world's largest producers of PET for packing applications, announced that they have selected the City as the site of their $900 million plastics factory. In addition, the Tainjin Pipe Group Corp ( "TPCO ") Texas Mill recently broke ground on their $1 billion pipe manufacturing facility. This project demonstrates the region's ability to compete and win world -class projects in difficult times, as the region's selections (announced in January 2009) was made after evaluating more than thirty other regions in the United States. TPCO's site selection near Gregory - Portland represents the largest foreign direct investment ever by a Chinese company in United States' history and will add 300 -600 high- paying jobs to the Corpus Christi area. Several major projects are in various stages of planning or construction in the downtown area. Phase one of the Bayfront Development project has recently been completed and is expected to revitalize downtown and attract business and tourism to the downtown/bayfront area. The next phase is currently in the design phase and is expected to create an additional investment of $13 million in the downtown area. These projects are relocating traffic lanes inland to create large green spaces between the water and traffic for community events and recreation activities. In addition, the demolition of Memorial Coliseum opens the way for new development at "Destination Bayfront." Moreover, the City utilized proceeds from certificates of obligation to upgrade the Convention Center and Selena Auditorium. The Convention Center facilities have received minimal maintenance since the expansion was completed in 2004 and the Selena Auditorium has had limited maintenance since its original construction in 1977. This project continues the necessary repairs and upgrades required to attract premier performers, meet the needs of stage shows who would like to use the auditorium, and provide a top - quality venue for conventions and visitors. Texas A &M University — Corpus Christi ( "TAMU -CC ") is developing plans for expansion. In 2008, the City donated 137 acres of land to the University for this expansion. Additionally in November 2008, the City Council approved a resolution supporting an agreement between the Corpus Christi Business and Job Development Corporation and TAMU -CC for development of facilities for a Bachelor of Science in Mechanical Engineering Program that already has 175 students enrolled. In fiscal year 2010 -2011, the City Council approved a resolution supporting another agreement with TAMU -CC for the development of an "Innovation Center" which serves as a business incubator. The City Council also approved several resolutions supporting agreements between the Corpus Christi Business and Job Development Corporation and Del Mar College including a Northwest Learning Center that will house its health sciences department and will expand its reach to the west side of the City; an agreement with Del Mar College to help expand its aviation maintenance program to a hangar at the Corpus Christi International Airport; and an agreement with the Del Mar College Small Business Development Center's Procurement Technical Assistance Center to hire staff to help small businesses compete for government supply contracts. Other major business initiatives include the execution of a contract with Commercial Metals Company ( "CMC "), a metal recycling company that is expanding its presence in the City; execution of a contract with Craft Training Center to enable the company (along with a match from industry partners) to expand its training facility to almost double its number of students for area jobs. In November 2011 the City was ranked fifth in the nation by the Center for Digital Governments among those with a population class of 250,000 and greater. In 2010 the City was designated as a "Citizen- Engaged Community" by the Public Technology Institute ( "PTI "). Additionally, PTI and the Alfred P. Sloan Foundation recognized the City as one of 17 cities, county, and state governments that are United States leaders in the innovative application of Web 2.0 technologies and civic /social media tools used to achieve impressive results in citizen engagement, government accountability, and operational efficiencies. In January 2012, the Corpus Christi Museum of Science and History again achieved accreditation by the American Association of Museums ( "AAM "), the highest national recognition afforded the nation's museums, Accreditation signifies excellence to the museum community, to governments, funders, outside agencies, and to the museum -going public. The Corpus Christi Museum of Science and History was initially accredited in 1973. All museums must undergo a reaccreditation review at least every 10 years to maintain accredited status. In February 2010, the City was first awarded the gold designation in the Texas Comptroller Leadership Circle program which recognizes local governments across Texas that meet a high standard for financial transparency online. This gold designation was again achieved in 2011. Additionally, the Government Finance Officers Association ( "GFOA ") awarded a Certificate of Achievement for Excellence in Financial reporting to the City for its comprehensive annual financial report ( "CAFR ") for the fiscal year ended July 31, 2010, continuing to confirm compliance with both Generally Accepted Accounting Principles ( "GAAP ") and legal requirements. This was the twenty- eighth consecutive year that the City has received this prestigious award. The City also received the GFOA's Distinguished Budget Presentation Award for its annual budget document for the fiscal year beginning August 1, 2010. The City has received twenty -one of these awards. In order to qualify for the Distinguished Budget Presentation Award, the government's budget document was judged to be proficient as a policy document, a financial plan, an operations guide, and a communications device. 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 trade area's principal outlet for agricultural and petroleum products is the Port of Corpus Christi (the "Port"), which opened to world markets in 1926. It is located along the southeastern coast of Texas on the Gulf of Mexico approximately 150 miles north of the Mexican border. The Port's channel stretches over 30 miles and links the Corpus Christi Bay with the Gulf of Mexico. It is currently ranked as the fifth largest port in the United States and handled a volume of 82.2 million tons of cargo during the 2010 calendar year, an increase of 7.5% from the prior year. The Port has many initiatives underway, including the La Quinta Trade Gateway and wind power initiatives described below. La Quinta Trade Gateway Terminal Project The La Quinta Trade Gateway Terminal Project is a major component of the Port's long -term development plan. This 1,100 -acre site will serve as a multi- purpose dock and terminal facility to handle a wide variety of general cargo including containers, military, wind turbines, steel pipe, and more. Completion of preliminary engineering for full build out and final design for the initial 800 foot to 1,000 foot dock will provide the necessary information to define costs and determine completion schedules. The goal is to complete the design and be ready to solicit bids for the first phase of construction by early 2012. Wind Energy Project A second initiative undertaken by the Port relates to wind power. The Port has many strengths, including access, location, and competitive pricing, that have attracted a steady stream of wind turbine shippers to the Port. Serving the industry not only as a shipping hub for wind turbines, the Port is also looking at the potential of harnessing South Texas winds at Port-owned sites to generate clean electrical power for the local community The Harbor Wind Farm on the north side of the Inner Harbor along Nueces Bay is currently under development. When completed in early 2012, the $20,000,000 Harbor Wind Farm will consist of six 1.5 MW turbines and will be the first wind farm located on industrial port property in North America. Tourism and Convention Business The City continues to be a popular vacation spot for visitors and is the fifth most popular tourist destination in Texas according to the Office of the Governor's Economic Development and Tourism Division. The number one reason visitors visit the area has historically been the enjoyment of 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 well suited for outdoor recreation. Tourist facilities located within the City include: a multi- purpose arena at the American Bank Center, Whataburger Field which houses the Corpus Christi Hooks, 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 Multicultural B -7 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 host to the annual U.S. Open Windsurfing Regatta, international power and sail boat races, and the Texas International Boat Show. Corpus Christi Marina The Corpus Christi Marina is the largest municipal marina in Texas with the deepest water. It has 600 boat slips that are 72% occupied. Approximately 1,000 vessels visit the marina annually In 2007, $13 million in improvements were completed to make it an environmental leader and a state -of- the -art facility. In 2009, the Marina Association of Texas awarded Texas' Marina of the Year to the City of Corpus Christi Marina. It also holds the Texas Clean Marina Award (2009) and the National Clean Marina Award (2009). In 2011, the Marina was designated by the National Marina Manufacturers Association as one of the "Ten Hot Spots Marina in the United States ". In September 2009, the City's award winning Marina hosted the Corpus Christi Open Water Festival, which hosted 500 swimmers (including 14 Olympic gold medalists). Marina Market Days are held the first Saturday of each month, featuring arts, crafts, food, and live music. International Flavor The City is a member of Sister Cities International. Through Sister Cities International, the City has established affiliations with Keelung, Taiwan; Veracruz, Mexico; Yokosuka, Japan; Agen, France; and Toledo, Spain. The City and nearby neighbor, Monterrey, Mexico, have established a Partner in Trade affiliation that emphasizes business and cultural opportunities for cooperative ventures. Yokosuka, Japan sends up and coming city employees to Corpus Christi for overseas' training in public service and an exchange that teaches the different facets of volunteerism in Japan. In addition to establishing a "Partner in Trade" with Monterrey, the City has established closer ties with cousins in 23 countries including Austria, Belgium France, Spain, Italy, and others. Proximity to San Antonio The City 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 the City is favorably viewed as an attractive one -day trip by San Antonio visitors. With the City'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 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. Construction The Table below indicates the amount of new construction activity in Corpus Christi and the number of permits issued for all purposes. Building Permits Year Number of Permits Value 2001 -2002 5,207 154,763,863 2002 -2003 7,854 333,016,517(1) 2003 -2004 7,111 295,984,882 2004 -2005 5,781 387,122,472 2005 -2006 5,989 450,750,242 2006 -2007 5,699 503,027,247 2007 -2008 5,118 343,865,608 2008 -2009 4,022 286,139,536 2009 -2010 4,052 260,412,022 2010 -2011 5,447 376,894,414 (1) Based upon the construction of several large commercial projects, including shopping malls. [The remainder of this page intentionally left blank.] Employment The following table indicates the total civilian employment in the Corpus Christi MSA for the period December 2011 as compared to the prior periods of November 2011 and December 2010: Civilian Labor Force Unemployment Percent Unemployment Total Employment * Preliminary December 2011* November 2011 220,632 220,002 15,148 15,516 6.9% 7.1% 205,484 204,486 December 2010 214,261 17,553 8.2% 196,708 The following table shows certain nonagricultural wage and salary employment in the Corpus Christi MSA for the period December 2011 as compared to the prior periods of November 2011 and December 2010: December 2011 November 2011 December 2010 Mining, Logging, & Construction Manufacturing Trade, Transportation, & Utilities Information Financial Activities Professional & Business Services Education & Health Services Leisure & Hospitality Other Services Government Total Source: Texas Workforce Commission, Labor Market Review, April 2011. 20,800 20,900 9,500 9,500 36,000 35,400 1,800 1,800 7,400 7,400 15,400 15,500 31,900 31,900 23,400 23,400 7,000 7,000 34,800 34,900 188,000 187,700 20,000 9,300 31,900 2,100 7,200 15,200 31,100 20,500 6,800 36,100 180,200 [This page intentionally left blank.] 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, 2011 [This page intentionally left blank.] APPENDIX D FORM OF OPINION OF BOND COUNSEL [This page intentionally left blank.] M. E. ALLISON & CO., INC. 950 East Basse Road, Second Floor San Antonio, Texas 78209 Financial Advisor AGENDA MEMORANDUM Future Item for the City Council Meeting of June 19, 2012 Action Item for the City Council Meeting of June 26, 2012 DATE: June 26, 2012 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP ©cctexas.com (361) 826 -3227 Fred Segundo, Director of Aviation FredS ©cctexas.com (361) 289 -0171 x1213 Refunding of Airport Bonds from Airport Revenue Bonds to General Improvement Bonds PURPOSE: A. Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the City of Corpus Christi, Texas General Improvement Refunding Bonds, Series 2012A (Airport Refunding — AMT) and Series 2012B (Airport Refunding — Non -AMT). B. Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas General Improvement Refunding Bonds, Series 2012A (Airport Refunding — AMT) ", levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the Bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the Bonds, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent /registrar agreement; a purchase contract, and an escrow deposit letter; complying with the letter of representations on file with the depository trust company; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of the bonds, and providing an effective date. C. Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas General Improvement Refunding Bonds, Series 2012B (Airport Refunding — Non - AMT) ", levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the Bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the Bonds, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent /registrar agreement; a purchase contract, and an escrow deposit letter; complying with the letter of representations on file with the depository trust company; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of the bonds, and providing an effective date. BACKGROUND AND FINDINGS: In 2000, the City of Corpus Christi issued $13,010,000 of General Airport Revenue Bonds, Series 2000A (Exempt Facility Bonds) to fund construction of facilities at the Corpus Christi International Airport's terminal complex. These bonds were classified as "AMT" bonds or alternative minimum tax bonds because the purchaser of those bonds could be subject to alternative minimum tax due to the potential for private business use that might be generated from the Airport terminal. The City also issued $9,640,000 of General Airport Revenue Bonds, Series 2000B (non -AMT) to finance public roads for the airport and improvements to the parking facility- including covered parking and a toll plaza. These bonds are secured by Airport revenues and have a debt covenant requiring net revenues each fiscal year to be sufficient to equal the greater of either an amount not less than 1.25 times the annual debt service requirement for the bonds or all amounts required to be deposited to the credit of the Airport Debt Service Fund, the Airport Debt Service Reserve Fund, the Airport Operating Reserve Fund, and the Airport Subordinated Debt Fund. These bonds have a 10 -year call date and became callable on August 15, 2010. However, redeeming these bonds can only be made on interest payment dates which are February 15th and August 15th of each year. In analyzing the refunding for these bonds, the market had not favorable due to the underlying BBB credit rating for the Airport. In discussing this matter with City management and the City's financial advisor, it is the City's recommendation to refund these bonds into general obligation bonds backed by the full faith and credit of the City. The debt payments would still be made from Airport revenue and would still be an obligation of the Airport. They would be considered self - supporting debt and would not count against the City's $0.68 tax cap. By refunding as general obligation bonds, it is estimated that the Series 2000 -A bonds would generate a net present value savings of $628,854 or 7.6 %, and the Series 2000 -B bonds would generate a net present value savings of $1,690,160 or 17.5 %. Issuance of bonds requires utilization of a financing team which is made up of three parts: the financial advisor, bond counsel, and the underwriting syndicate. Part A of this agenda item authorizes the appointment of M. E. Allison & Co., Inc. as financial advisor for this transaction. See Exhibit A for the Financial Advisor's fee schedule. Fulbright & Jaworski L.L.P. is currently under contract with the City to serve as the City's bond counsel and will serve as the second part of our financing team. The third part of the financing team is the underwriters, and selection of the syndicate of underwriters from the City's pool of approved underwriters is being recommended for delegation to the Mayor, City Manager, and Assistant City Manager in Parts B and C of this agenda item. Because of the fluctuating conditions in the municipal bond market, our financial advisor has recommended that the City Council delegate to the Mayor, City Manager, and Assistant City Manager (the "Delegated Officials ") the authority to effectuate the sale of the transactions when the market warrants. The City's bond counsel has also confirmed that the City can delegate the sale of these bonds to the Delegated Officials in the manner outlined above pursuant to the authority contained in Chapter 1371, as amended, Texas Government Code. Parts B and C of this agenda item will authorize this delegation. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a FINANCIAL IMPACT: Part B — AMT Bonds ❑Not Applicable X Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - Debt Payments - - $11,150,040 $ 11,150,040 Encumbered /Expended amount of (date) - - - This item - $ 10,259,597 $ 10,259,597 BALANCE - - $890,443 $ 890,443 FUND(S): Debt Service Fund COMMENTS: The $890,443 noted above represents savings in debt payments by refunding the Airport revenue bonds into general obligation bonds for the remaining life of the bonds — through 2023. This represents a net present value savings of $628,854. Part C — Non -AMT Bonds ❑Not Applicable X Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - Debt Payments - - $17,386,450 $ 17,386,450 Encumbered /Expended amount of (date) - - - This item - $ 15,134,363 $ 15,134,363 BALANCE - - $2,252,087 $ 2,252,087 FUND(S): Debt Service Fund COMMENTS: The $2,252,087 noted above represents savings in debt payments by refunding the Airport revenue bonds into general obligation bonds for the remaining life of the bonds — through 2030. This represents a net present value savings of $1,690,160. RECOMMENDATION: Staff recommends approval of the motion and ordinances as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: Issuance of municipal obligations are exempted from the City of Christi's charter provision regarding dual reading and /or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTAL CLEARANCES: • Airport • Bond Counsel • Legal Department LIST OF SUPPORTING DOCUMENTS: Exhibit A Ordinances cc: Lisa Aguilar, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager Wesley S. Pierson, Assistant City Manager (�. slaw. Jac. 1 NVESTMENT BANKERS FINANCIAL ADVISORY FEE SCHEDULE GENERAL OBLIGATION BONDS More than And Not More than $ $ 250,000 $7,500 plus $20.00 per $1,000 for all over $150,000 250,000 350,000 $9,500 plus $10.00 per $1,000 for all over $250,000 350,000 500,000 $10,500 plus $8.00 per $1,000 for all over $350,000 500,000 700,000 $11,700 plus $7.00 per $1,000 for all over $500,000 700,000 1,000,000 $13,100 plus $6.00 per $1,000 for all over $700,000 1,000,000 1,500,000 $14,900 plus $5.00 per $1,000 for all over $1,000,000 1,500,000 5,000,000 $17,400 plus $3.00 per $1,000 for all over $1,500,000 5,000,000 10,000,000 $27,900 plus $1.65 per $1,000 for all over $5,000,000 10,000,000 20,000,000 $36,150 plus $1.00 per $1,000 for all over $10,000,000 20,000,000 No Limit $46,150 plus $0.85 per $1,000 for all over $20,000,000 REVENUE BONDS AND COMBINATION TAX & REVENUE CERTIFICATES OF OBLIGATION In the event the Bonds to be issued are Revenue Bonds or Combination Tax and Revenue Certificates of Obligation, Refunding, Direct Pay Subsidy or Lease Purchase Obligations, the fee shall be the amount computed from the above schedule, plus 25 %. EXHIBIT A AGENDA MEMORANDUM Future Item for the City Council Meeting of June 19, 2012 Action Item for the City Council Meeting of June 26, 2012 DATE: June 26, 2012 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP ©cctexas.com (361) 826 -3227 Fred Segundo, Director of Aviation FredS ©cctexas.com (361) 289 -0171 x1213 Refunding of Airport Bonds from Airport Revenue Bonds to General Improvement Bonds PURPOSE: A. Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the City of Corpus Christi, Texas General Improvement Refunding Bonds, Series 2012A (Airport Refunding — AMT) and Series 2012B (Airport Refunding — Non -AMT). B. Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas General Improvement Refunding Bonds, Series 2012A (Airport Refunding — AMT) ", levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the Bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the Bonds, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent /registrar agreement; a purchase contract, and an escrow deposit letter; complying with the letter of representations on file with the depository trust company; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of the bonds, and providing an effective date. C. Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas General Improvement Refunding Bonds, Series 2012B (Airport Refunding — Non - AMT) ", levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the Bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the Bonds, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent /registrar agreement; a purchase contract, and an escrow deposit letter; complying with the letter of representations on file with the depository trust company; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of the bonds, and providing an effective date. BACKGROUND AND FINDINGS: In 2000, the City of Corpus Christi issued $13,010,000 of General Airport Revenue Bonds, Series 2000A (Exempt Facility Bonds) to fund construction of facilities at the Corpus Christi International Airport's terminal complex. These bonds were classified as "AMT" bonds or alternative minimum tax bonds because the purchaser of those bonds could be subject to alternative minimum tax due to the potential for private business use that might be generated from the Airport terminal. The City also issued $9,640,000 of General Airport Revenue Bonds, Series 2000B (non -AMT) to finance public roads for the airport and improvements to the parking facility- including covered parking and a toll plaza. These bonds are secured by Airport revenues and have a debt covenant requiring net revenues each fiscal year to be sufficient to equal the greater of either an amount not less than 1.25 times the annual debt service requirement for the bonds or all amounts required to be deposited to the credit of the Airport Debt Service Fund, the Airport Debt Service Reserve Fund, the Airport Operating Reserve Fund, and the Airport Subordinated Debt Fund. These bonds have a 10 -year call date and became callable on August 15, 2010. However, redeeming these bonds can only be made on interest payment dates which are February 15th and August 15th of each year. In analyzing the refunding for these bonds, the market had not favorable due to the underlying BBB credit rating for the Airport. In discussing this matter with City management and the City's financial advisor, it is the City's recommendation to refund these bonds into general obligation bonds backed by the full faith and credit of the City. The debt payments would still be made from Airport revenue and would still be an obligation of the Airport. They would be considered self - supporting debt and would not count against the City's $0.68 tax cap. By refunding as general obligation bonds, it is estimated that the Series 2000 -A bonds would generate a net present value savings of $628,854 or 7.6 %, and the Series 2000 -B bonds would generate a net present value savings of $1,690,160 or 17.5 %. Issuance of bonds requires utilization of a financing team which is made up of three parts: the financial advisor, bond counsel, and the underwriting syndicate. Part A of this agenda item authorizes the appointment of M. E. Allison & Co., Inc. as financial advisor for this transaction. See Exhibit A for the Financial Advisor's fee schedule. Fulbright & Jaworski L.L.P. is currently under contract with the City to serve as the City's bond counsel and will serve as the second part of our financing team. The third part of the financing team is the underwriters, and selection of the syndicate of underwriters from the City's pool of approved underwriters is being recommended for delegation to the Mayor, City Manager, and Assistant City Manager in Parts B and C of this agenda item. Because of the fluctuating conditions in the municipal bond market, our financial advisor has recommended that the City Council delegate to the Mayor, City Manager, and Assistant City Manager (the "Delegated Officials ") the authority to effectuate the sale of the transactions when the market warrants. The City's bond counsel has also confirmed that the City can delegate the sale of these bonds to the Delegated Officials in the manner outlined above pursuant to the authority contained in Chapter 1371, as amended, Texas Government Code. Parts B and C of this agenda item will authorize this delegation. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a FINANCIAL IMPACT: Part B — AMT Bonds ❑Not Applicable X Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - Debt Payments - - $11,150,040 $ 11,150,040 Encumbered /Expended amount of (date) - - - This item - $ 10,259,597 $ 10,259,597 BALANCE - - $890,443 $ 890,443 FUND(S): Debt Service Fund COMMENTS: The $890,443 noted above represents savings in debt payments by refunding the Airport revenue bonds into general obligation bonds for the remaining life of the bonds — through 2023. This represents a net present value savings of $628,854. Part C — Non -AMT Bonds ❑Not Applicable X Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - Debt Payments - - $17,386,450 $ 17,386,450 Encumbered /Expended amount of (date) - - - This item - $ 15,134,363 $ 15,134,363 BALANCE - - $2,252,087 $ 2,252,087 FUND(S): Debt Service Fund COMMENTS: The $2,252,087 noted above represents savings in debt payments by refunding the Airport revenue bonds into general obligation bonds for the remaining life of the bonds — through 2030. This represents a net present value savings of $1,690,160. RECOMMENDATION: Staff recommends approval of the motion and ordinances as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: Issuance of municipal obligations are exempted from the City of Christi's charter provision regarding dual reading and /or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTAL CLEARANCES: • Airport • Bond Counsel • Legal Department LIST OF SUPPORTING DOCUMENTS: Exhibit A Ordinances cc: Lisa Aguilar, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager Wesley S. Pierson, Assistant City Manager DRAFT 6/8/2012 ORDINANCE NO. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS AUTHORIZING THE ISSUANCE OF "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT REFUNDING BONDS, SERIES 2012A (AIRPORT REFUNDING — AMT) ", LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT, A PURCHASE CONTRACT, AND AN ESCROW DEPOSIT LETTER; COMPLYING WITH THE LETTER OF REPRESENTATIONS ON FILE WITH THE DEPOSITORY TRUST COMPANY; DELEGATING THE AUTHORITY TO THE MAYOR AND CERTAIN MEMBERS OF THE CITY STAFF TO EXECUTE CERTAIN DOCUMENTS RELATING TO THE SALE OF THE BONDS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the City Council) of the City of Corpus Christi, Texas (the City) has heretofore issued, sold, and delivered, and there are currently outstanding obligations in the aggregate original principal amount of $ being the obligations set forth on Schedule I hereto which is incorporated by reference for all purposes to this ordinance (the Refunded Obligations); and WHEREAS, the City Council intends to issue an aggregate principal of $ in general improvement refunding bonds the proceeds of which will be utilized to provide for the (i) refunding of the Refunded Obligations and (ii) payment of the costs of issuance of the general improvement refunding bonds; and WHEREAS, pursuant to the provisions of Chapter 1207, as amended, Texas Government Code (the Act), the City Council is authorized to issue refunding bonds and deposit the proceeds of sale under an escrow agreement to provide for the payment of the Refunded Obligations, and such deposit, when made in accordance with the Act, shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Refunded Obligations; and WHEREAS, the Act permits that the deposit of the proceeds from the sale of the refunding bonds be deposited directly with any designated escrow agent which is not the depository bank of the City; and WHEREAS, when firm banking arrangements have been made for the payment of principal of and interest to the stated maturity or redemption dates of the Refunded Obligations, then the Refunded Obligations shall no longer be regarded as outstanding except for the purpose 95584487.4 of receiving payment from the funds provided for such purpose and may not be included in or considered to be an indebtedness of the City for the purpose of a limitation on outstanding indebtedness or taxation or for any other purpose; and WHEREAS, The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (as the successor in interest to The Bank of New York Mellon Trust Company, N.A., Dallas, Texas) currently serves as the paying agent for the Refunded Obligations; and WHEREAS, The Bank of New York Mellon Trust Company, N.A., Dallas, Texas is hereby appointed as the Escrow Agent and as Paying Agent/Registrar (hereafter defined) for the refunding bonds; and WHEREAS, the City Council also hereby finds and determines that the Refunded Obligations are scheduled to mature or are subject to being redeemed, not more than twenty (20) years from the date of the refunding bonds herein authorized and being issued to restructure the City's airport system revenue debt service and terminate certain punitive airport covenants, will result in a net present value saving of $ and a gross saving of $ excluding the City's contribution of $ ; and WHEREAS, the City Council hereby finds and determines that the issuance of the general improvement refunding bonds is in the best interests of the citizens of the City, now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: SECTION 1. Authorization - Designation - Principal Amount - Purpose — Dated Date. General improvement refunding bonds of the City shall be and are hereby authorized to be issued in the aggregate principal amount of THOUSAND AND NO /100 DOLLARS ($ ), to be designated and bear the title of "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT REFUNDING BONDS, SERIES 2012A (AIRPORT REFUNDING — AMT)" (the Bonds), for the purpose of providing funds for the (i) refund the City's currently outstanding obligations as identified in Schedule I attached hereto (the "Refunded Bonds ") and (ii) pay the costs related to the issuance of the Bonds, all in conformity with the laws of the State of Texas, particularly the Act, an ordinance adopted by the City Council on June 26, 2012, and the City's Home Rule Charter. As authorized by the Act, each Authorized Official (hereinafter defined) is hereby authorized, appointed, and designated as an officer of the City authorized to individually act on behalf of the City in selling and delivering the Bonds authorized herein and carrying out the procedures specified in this Ordinance, including approval of the aggregate principal amount of each maturity of the Bonds, the redemption provisions therefor, the Dated Date thereof, the rate of interest to be borne on the principal amount of each such maturity, and the underwriter or syndicate of underwriters for the Bonds and the respective roles of such syndicate members. Each Authorized Official, acting for and on behalf of the City, is authorized to execute the Approval Certificate attached hereto as Schedule II. The Bonds shall be issued in the principal 95584487.4 -2- amount not to exceed $9,500,000; the maximum maturity of the Bonds will be March 1, 2023; and the net effective per annum interest rate shall not exceed a rate greater than 7.00% per annum calculated in a manner consistent with the provisions of Chapter 1204, as amended, Texas Government Code. The refunding of the Refunded Obligations shall result in a net present value saving to the City of not less than 3.00% or gross savings of at least $ , excluding the City Contribution. Lastly, each Authorized Official is authorized to select the bond insurer, if any, with respect to the Bonds. The execution of the Approval Certificate shall evidence the sale date of the Bonds by the City to the Purchasers (hereinafter defined) in accordance with the provisions of the Act. Upon execution of the Approval Certificate, Bond Counsel is authorized to complete this Ordinance to reflect such final terms. SECTION 2. Fully Registered Obligations - Authorized Denominations - Stated Maturities - Interest Rates — Dated Date. The Bonds shall be issued as fully registered obligations, without coupons, shall be dated July 1, 2012 (the Dated Date), and shall be in denominations of $5,000 or any integral multiple thereof, and the Bonds shall become due and payable on March 1 in each of the years and in principal amounts (the Stated Maturities) in accordance with the following schedule: Years of Principal Interest Stated Maturity Amounts ($) Rates ( %) 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 The Bonds shall bear interest on the unpaid principal amount from the Dated Date, or from the most recent Interest Payment Date (hereinafter defined) to which interest has been paid or duly provided for, to the earlier of redemption or Stated Maturity while Outstanding, at the rates per annum shown in the above schedule (calculated on the basis of a 360 -day year of twelve 30 -day months). Interest on the Bonds shall be payable on March 1 and September 1 in each year, commencing on September 1, 2012 (the Interest Payment Date), while the Bonds are Outstanding. 95584487.4 -3 - SECTION 3. Payment of Bonds - Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Bonds, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and such payment of principal of, premium, if any, and interest on the Bonds shall be without exchange or collection charges to the Holder (as hereinafter defined) of the Bonds. The selection and appointment of The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (the Paying Agent /Registrar) to serve as the initial Paying Agent/Registrar for the Bonds is hereby approved and confirmed, and the City agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent/Registrar books and records (the Security Register) for the registration, payment, and transfer of the Bonds, all as provided herein, in accordance with the terms and provisions of a Paying Agent/Registrar Agreement, attached, in substantially final form, as Exhibit A hereto, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The City covenants to maintain and provide a Paying Agent/Registrar at all times while the Bonds are Outstanding, and any successor Paying Agent/Registrar shall be (i) a national or state banking institution or (ii) an association or 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. Such Paying Agent/Registrar shall be subject to supervision or examination by federal or state authority and authorized by law to serve as a Paying Agent/Registrar. The City reserves the right to appoint a successor Paying Agent/Registrar upon providing the previous Paying Agent/Registrar with a certified copy of a resolution or ordinance terminating such agency. Additionally, the City agrees to promptly cause a written notice of this substitution to be sent to each Holder of the Bonds by United States mail, first -class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of, premium, if any, and interest on the Bonds, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable only to the registered owner of the Bonds appearing on the Security Register (the Holder or Holders) maintained on behalf of the City by the Paying Agent/Registrar as hereinafter provided (i) on the Record Date (hereinafter defined) for purposes of payment of interest thereon, (ii) on the date of surrender of the Bonds for purposes of receiving payment of principal thereof upon redemption of the Bonds or at the Bonds' Stated Maturity, and (iii) on any other date for any other purpose. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder as the owner of a Bond for purposes of receiving payment and all other purposes whatsoever, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. Principal of and premium, if any, on the Bonds shall be payable only upon presentation and surrender of the Bonds to the Paying Agent/Registrar at its corporate trust office. Interest on the Bonds shall be paid to the Holder whose name appears in the Security Register at the close of business on the fifteenth day of the month next preceding an Interest Payment Date for the Bonds (the Record Date) and shall be paid (i) by check sent by United States mail, first -class postage prepaid, by the Paying Agent/Registrar, to the address of the Holder appearing in the Security 95584487.4 -4- Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested in writing by the Holder at the Holder's risk and expense. If the date for the payment of the principal of, premium, if any, or interest on the Bonds shall be a Saturday, a Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Bonds was due. In the event of a non - payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first -class postage prepaid, to the address of each Holder of a Bond appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4. Redemption. A. Mandatory Redemption of Bonds. The Bonds stated to mature on March 1, and March 1, are collectively referred to herein as the "Term Bonds ". The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Bond Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on March 1 in each of the years as set forth below: Term Bonds Stated to Mature on March 1, Term Bonds Stated to Mature on March 1, Principal Principal Year Amount ($) Year Amount ($) *Payable at Stated Maturity The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Bonds of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the 95584487.4 -5 - Paying Agent/Registrar at the request of the City with money in the Bond Fund, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. B. Optional Redemption. The Bonds having Stated Maturities on and after March 1, 2023 shall be subject to redemption prior to Stated Maturity, at the option of the City, on March 1, 2022, or on any date thereafter, as a whole or in part, in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar), at the redemption price of par plus accrued interest to the date of redemption. C. Exercise of Redemption Option. At least forty -five (45) days prior to a date set for the redemption of Bonds (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of its decision to exercise the right to redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date set for the redemption thereof. The decision of the City to exercise the right to redeem Bonds shall be entered in the minutes of the governing body of the City. D. Selection of Bonds for Redemption. If less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall select at random and by lot the Bonds to be redeemed, provided that if less than the entire principal amount of a Bond is to be redeemed, the Paying Agent/Registrar shall treat such Bond then subject to redemption as representing the number of Bonds Outstanding which is obtained by dividing the principal amount of such Bond by $5,000. E. Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Bonds, a notice of redemption shall be sent by United States mail, first -class postage prepaid, in the name of the City and at the City's expense, by the Paying Agent/Registrar to each Holder of a Bond to be redeemed, in whole or in part, at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Bonds, (ii) identify the Bonds 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 that the Bonds, 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 Bonds, or the principal amount thereof to be redeemed, shall be made at the corporate trust office of the Paying Agent/Registrar only upon presentation and surrender thereof by the Holder. This notice may also be published once in a financial publication, journal, or reporter of general circulation among securities dealers in the City of New York, New York (including, but not limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). Additionally, this notice may also be sent by the City to any registered securities depository and to any national information service that disseminates redemption notices. 95584487.4 -6- If a Bond 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 herein provided, such Bond (or the principal amount thereof to be redeemed) so called for redemption shall become due and payable, and if money sufficient for the payment of such Bonds (or of the principal amount thereof to be redeemed) at the then applicable redemption price is held for the purpose of such payment by the Paying Agent/Registrar, then on the redemption date designated in such notice, interest on said Bonds (or the principal amount thereof to be redeemed) called for redemption shall cease to accrue and such Bonds shall not be deemed to be Outstanding in accordance with the provisions of this Ordinance. F. Transfer/Exchange of Bonds. Neither the City nor the Paying Agent/Registrar shall be required (1) to transfer or exchange any Bond during a period beginning forty -five (45) days prior to the date fixed for redemption of the Bonds or (2) to transfer or exchange any Bond selected for redemption, provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance of a Bond which is subject to redemption in part. SECTION 5. Execution - Registration. The Bonds shall be executed on behalf of the City by its Mayor under the seal of the City reproduced or impressed thereon and attested by its City Secretary. The signature of any of said officers on the Bonds may be manual or facsimile. Bonds bearing the manual or facsimile signatures of individuals who were, at the time of the Dated Date, the proper officers of the City shall bind the City, notwithstanding that such individuals or either of them shall cease to hold such offices prior to the delivery of the Bonds to the Purchasers, all as authorized and provided in Chapter 1201, as amended, Texas Government Code. No Bond shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Bond either a certificate of registration substantially in the form provided in Section 8C, executed by the Comptroller of Public Accounts of the State of Texas or his duly authorized agent by manual signature, or a certificate of registration substantially in the form provided in Section 8D, executed by the Paying Agent/Registrar by manual signature, and either such certificate upon any Bond shall be conclusive evidence, and the only evidence, that such Bond has been duly certified or registered and delivered. SECTION 6. Registration - Transfer - Exchange of Bonds - Predecessor Bonds. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of every owner of the Bonds, or, if appropriate, the nominee thereof. Any Bond may, in accordance with its terms and the terms hereof, be transferred or exchanged for Bonds of other authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Bond to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender for transfer of any Bond at the corporate trust office of the Paying Agent/Registrar, the City shall execute and the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Bonds of authorized 95584487.4 -7- denomination and having the same Stated Maturity and of a like interest rate and aggregate principal amount as the Bond or Bonds surrendered for transfer. At the option of the Holder, Bonds may be exchanged for other Bonds of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Bonds surrendered for exchange upon surrender of the Bonds to be exchanged at the corporate trust office of the Paying Agent/Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute, and the Paying Agent/Registrar shall register and deliver, the Bonds to the Holder requesting the exchange. All Bonds issued upon any transfer or exchange of Bonds shall be delivered at the corporate trust office of the Paying Agent/Registrar, or be sent by registered mail to the Holder at his request, risk, and expense, and upon the delivery thereof, the same shall be the valid and binding obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Bonds surrendered upon such transfer or exchange. All transfers or exchanges of Bonds pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Bonds canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be Predecessor Bonds, evidencing all or a portion, as the case may be, of the same debt evidenced by the new Bond or Bonds registered and delivered in the exchange or transfer therefor. Additionally, the term Predecessor Bonds shall include any Bond registered and delivered pursuant to Section 17 in lieu of a mutilated, lost, destroyed, or stolen Bond which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Bond. SECTION 7. Initial Bonds. The Bonds herein authorized shall be initially issued as a single fully registered Bond in the aggregate principal amount of $ with principal installments to become due and payable as provided in Section 2 hereof and numbered T -1 (the Initial Bonds), and the Initial Bonds shall be registered in the name of the Purchasers or the designee thereof. The Initial Bonds shall be the Bonds submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Purchasers. Any time after the delivery of the Initial Bonds, the Paying Agent/Registrar, pursuant to written instructions from the Purchasers, or the designee thereof, shall cancel the Initial Bonds delivered hereunder and exchange therefor definitive Bonds of like kind and of authorized denominations, Stated Maturities, principal amounts bearing applicable interest rates, and shall be lettered "R" and numbered consecutively from one (1) upward for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the Purchasers, or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. 95584487.4 -8- SECTION 8. Forms. A. Forms Generally. The Bonds, the Registration Certificate of Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Bonds shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including insurance legends in the event the Bonds, or any Stated Maturities thereof, are insured and identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends and any reproduction of an opinion of counsel) thereon as may, consistent herewith, be established by the City or determined by the officers executing the Bonds as evidenced by their execution thereof. Any portion of the text of any Bond may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Bond. The definitive Bonds shall be printed, lithographed, or engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Bonds as evidenced by their execution thereof, but the Initial Bond(s) submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. 95584487.4 [The remainder of this page intentionally left blank.] -9- B. Form of Definitive Bond. REGISTERED REGISTERED NO. PRINCIPAL AMOUNT United States of America State of Texas Counties of Nueces, Aransas, Kleberg, and San Patricio CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT REFUNDING BONDS, SERIES 2012A (AIRPORT REFUNDING — AMT) Dated Date: July 1, 2012 REGISTERED OWNER: PRINCIPAL AMOUNT: Interest Rate: Stated Maturity: CUSIP NO: The City of Corpus Christi, Texas (the City), a body corporate and a municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof, on the Stated Maturity date specified above, the Principal Amount specified above (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Dated Date or from the most recent interest payment date to which interest has been paid or duly provided for until such Principal Amount has become due and payment thereof has been made or duly provided for, to the earlier of redemption or Stated Maturity, while Outstanding, at the per annum rate of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on March 1 and September 1 of each year, commencing September 1, 2012. Principal on this Bond shall be payable to the Registered Owner hereof (the Holder), upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar executing the registration certificate appearing hereon or a successor thereof. Interest shall be payable to the Holder of this Bond (or one or more Predecessor Bonds, as defined in the Ordinance hereinafter referenced) whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of, and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first -class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by the Holder hereof at the Holder's risk and expense. 95584487.4 -10- This Bond is one of the series specified in its title issued in the aggregate principal amount of $ (the Bonds) pursuant to an ordinance adopted by the governing body of the City on June 26, 2012 (the Ordinance), for the purpose of providing funds for the (i) refund the City's currently outstanding obligations as identified in Schedule I attached hereto and (ii) pay the costs related to the issuance of the Bonds, under and in strict conformity with the laws of the State of Texas, including Chapter 1207, as amended, Texas Government Code, and the City's Home Rule Charter. As specified in the Ordinance, the Bonds stated to mature on March 1, and March 1, are collectively referred to herein as the "Term Bonds ". The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Bond Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on March 1 in each of the years as set forth below: Term Bonds Stated to Mature on March 1, Term Bonds Stated to Mature on March 1, Principal Principal Year Amount ($) Year Amount ($) *Payable at Stated Maturity The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Bonds of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the City with money in the Bond Fund, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. The Bonds stated to mature on and after March 1, 2023 may be redeemed prior to their Stated Maturities, at the option of the City, on March 1, 2022, or on any date thereafter, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar) at the redemption price of par plus accrued interest to the date of redemption; provided, however, that at least thirty (30) days prior written notice shall be sent to the Holder of the Bonds to be redeemed by United States mail, first -class postage prepaid, and subject to the terms and provisions relating thereto contained in the Ordinance. If this Bond is subject to redemption prior to Stated Maturity and is in a denomination in excess of $5,000, or any integral multiple thereof may be redeemed, and, if 95584487.4 less than all of the principal sum hereof is to be redeemed, there shall be issued, without charge therefor, to the Holder hereof, upon the surrender of this Bond to the Paying Agent/Registrar at its corporate trust office, a new Bond or Bonds of like Stated Maturity and interest rate in any authorized denominations provided in the Ordinance for the then unredeemed balance of the principal sum hereof. If this Bond (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption duly given, then upon such redemption date this Bond (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and, if the money for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption is held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable hereon from and after the redemption date on the principal amount hereof to be redeemed. If this Bond is called for redemption, in whole or in part, the City or the Paying Agent/Registrar shall not be required to issue, transfer, or exchange this Bond within forty -five (45) days of the date fixed for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance hereof in the event of its redemption in part. The Bonds of this series are payable from the proceeds of an annual ad valorem tax levied upon all taxable property within the City within the limitations prescribed by law. Reference is hereby made to the Ordinance, a copy of which is on file in the corporate trust office of the Paying Agent/Registrar, and to all of the provisions of which the Holder by his acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Bonds; the terms and conditions relating to the transfer or exchange of the Bonds; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Bond may be redeemed or discharged at or prior to the Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions specified in the Ordinance. Capitalized terms used herein have the same meanings assigned in the Ordinance. This Bond, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by the Holder hereof, or his duly authorized agent, and thereupon one or more new fully registered Bonds of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder hereof whose name appears on the Security Register (i) on the Record Date as the owner hereof for purposes of receiving payment of interest hereon, (ii) on the date of surrender of this Bond as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity, or its earlier redemption, in whole or in part, and (iii) on any other date as the owner hereof for all other purposes, and neither the City nor the Paying Agent/Registrar, or any such agent of either, shall be affected by notice to the contrary. In the event of a non - payment of interest on a 95584487.4 -12- scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) 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. It is hereby certified, covenanted, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to the issuance of this Bond in order to render the same a legal, valid, and binding obligation of the City have been performed, exist, and have been done, in regular and due time, form, and manner, as required by the laws of the State of Texas and the Ordinance, and that the issuance of the Bonds does not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of, premium if any, and interest on the Bonds by the levy of a tax as aforestated. In case any provision in this Bond or any application thereof shall be deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. 95584487.4 [The remainder of this page intentionally left blank.] -13- IN WITNESS WHEREOF, the City has caused this Bond to be duly executed under its official seal. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) 95584487.4 [The remainder of this page intentionally left blank.] -14- C. *Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Bonds Only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS REGISTER NO. THE 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 duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) * Note to Printer: Not to appear on printed Bonds D. Form of Certificate of Paying Agent/Registrar to Appear on Definitive Bonds Only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Bond has been duly issued under the provisions of the within- mentioned Ordinance; the Bond or Bonds of the above - entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. Registered this date: 95584487.4 -15- THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Paying Agent/Registrar By: Authorized Signature E. Form of Assignment. AS SIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): (Social Security or other identifying number): the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular. Signature guaranteed: F. The Initial Bonds shall be in the respective forms set forth in paragraph B of this Section, except that the form of a single fully registered Initial Bond shall be modified as follows: (i) immediately under the name of the Bond(s) the headings "Interest Rate" and "Stated Maturity" shall both be completed "as shown below "; (ii) the first two paragraphs shall read as follows: Registered Owner: Principal Amount: The City of Corpus Christi, Texas (the City), a body corporate and municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount specified above on the first day of March in each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: 95584487.4 -16- Years of Principal Interest Stated Maturity Amounts ($) Rates ( %) (Information to be inserted from schedule in Section 2 hereof). (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Dated Date, or from the most recent interest payment date to which interest has been paid or duly provided for, to the earlier of redemption or Stated Maturity, at the per annum rates of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on March 1 and September 1 of each year, commencing September 1, 2012. Principal of this Bond shall be payable to the Registered Owner hereof (the Holder), upon its presentation and surrender to Stated Maturity or prior redemption, while Outstanding, at the corporate trust office of The Bank of New York Mellon Trust Company, N.A., Dallas, Dallas, Texas (the Paying Agent /Registrar). Interest shall be payable to the Holder of this Bond whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first -class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder hereof. G. Insurance Legend. If bond insurance is obtained by the City or Purchasers (hereinafter defined), the Definitive Bonds and the Initial Bond(s) shall bear an appropriate legend as provided by the insurer. 95584487.4 [The remainder of this page intentionally left blank.] -17- SECTION 9. Definitions. For all purposes of this Ordinance (as defined below), except as otherwise expressly provided or unless the context otherwise requires: (i) the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections 21 and 38 of this Ordinance have the meanings assigned to them in such Sections, and all such terms include the plural as well as the singular; (ii) all references in this Ordinance to designated "Sections" and other subdivisions are to the designated Sections and other subdivisions of this Ordinance as originally adopted; and (iii) 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. A. The term Authorized Officials shall mean the Mayor, the Mayor Pro Tem, the City Manager, the Assistant City Manager for Government and Operations Support, the Director of Financial Services, the City Secretary, and /or the City Attorney. B. The term Bond Fund shall mean the special Fund created and established by the provisions of Section 10 of this Ordinance. C. The term Bonds shall mean the $ "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT REFUNDING BONDS, SERIES 2012A (AIRPORT REFUNDING — AMT)" authorized by this Ordinance. D. The term City shall mean City of Corpus Christi, located in the Counties of Nueces, Aransas, Kleberg, and San Patricio, Texas and, where appropriate, the City Council of the City. E. The term Closing Date shall mean the date of physical delivery of the Initial Bonds in exchange for the payment in full by the Purchasers. F. The term Debt Service Requirements shall mean, as of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the City as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of obligations without a fixed numerical rate, that such obligations bear interest at the maximum rate permitted by the terms thereof and further assuming in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity, the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto. G. The term Depository shall mean an official depository bank of the City. H. The term Government Securities, as used herein, shall mean (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; (iii) noncallable obligations of a state or an agency or a county, municipality, or other political 95584487.4 -18- subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, or (iv) any additional securities and obligations hereafter authorized by the laws of the State of Texas as eligible for use to accomplish the discharge of obligations such as the Bonds. I. The term Holder or Holders shall mean the registered owner, whose name appears in the Security Register, for any Bond. J. The term Interest Payment Date shall mean the date semiannual interest is payable on the Bonds, being March 1 and September 1 of each year, commencing September 1, 2012, while any of the Bonds remain Outstanding. K. The term Ordinance shall mean this ordinance adopted by the City Council of the City on June 26, 2012. L. The term Outstanding when used in this Ordinance with respect to Bonds shall mean, as of the date of determination, all Bonds issued and delivered under this Ordinance, except: (1) those Bonds canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Bonds for which payment has been duly provided by the City in accordance with the provisions of Section 23 of this Ordinance; and (3) those Bonds that have been mutilated, destroyed, lost, or stolen and replacement Bonds have been registered and delivered in lieu thereof as provided in Section 17 of this Ordinance. M. The term Purchasers shall mean the initial purchasers of the Bonds named in Section 18 of this Ordinance. N. The term Stated Maturity shall mean the annual principal payments of the Bonds payable on March 1 of each year, as set forth in Section 2 of this Ordinance. SECTION 10. Bond Fund; Investments. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption, and retirement of the Bonds, there shall be and is hereby created a special Fund to be designated "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT REFUNDING BONDS, SERIES 2012A (AIRPORT REFUNDING — AMT)" (the Bond Fund), which Fund shall be kept and maintained at the Depository, and money deposited in such Fund shall be used for no other purpose and shall be maintained as provided in Section 21. Authorized Officials of the City are hereby authorized and directed to make withdrawals from the Bond Fund sufficient to pay the principal of, premium, if any, and interest on the Bonds as the same become due and payable and shall cause to be transferred to the Paying Agent/Registrar from money on deposit in the Bond Fund an amount sufficient to pay the amount of principal and /or interest stated to mature on the Bonds, such 95584487.4 -19- transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the business day next preceding each interest and principal payment date for the Bonds. Pending the transfer of funds to the Paying Agent/Registrar, money in any Fund established by this Ordinance, at the option of the City, may be placed in time deposits, certificates of deposit, guaranteed investment contracts, or similar contractual agreements as permitted by the provisions of the Public Funds Investment Act, as amended, Chapter 2256, Texas Government Code, secured (to the extent not insured by the Federal Deposit Insurance Corporation) by obligations of the type hereinafter described, or be invested, as authorized by any law, including investments held in book -entry form, in securities including, but not limited to, direct obligations of the United States of America, obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States of America, including, but not limited to, evidences of indebtedness issued, insured or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Association, Small Business Administration, or Federal Housing Association; provided that all such deposits and investments shall be made in such a manner that the money required to be expended from such Fund will be available at the proper time or times. All interest and income derived from deposits and investments in such Fund shall be credited to, and any losses debited to, such Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Bonds. SECTION 11. Tax Levy. To provide for the payment of the Debt Service Requirements on the Bonds being (i) the interest on the Bonds and (ii) a sinking fund for their redemption at Stated Maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while the Bonds or any interest thereon shall remain Outstanding, a sufficient tax, within the limitations prescribed by law, on each one hundred dollars' valuation of taxable property in the City, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Bond Fund and are thereafter pledged to the payment of the Bonds. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay such Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness and other obligations of the City. SECTION 12. Deposits to Bond Fund; Surplus Bond Proceeds. The City hereby covenants and agrees to cause to be deposited in the Bond Fund prior to a principal and interest payment date for the Bonds, from the annual levy of an ad valorem tax or from other lawfully available funds, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Bonds as the same accrues or matures or comes due by reason of Stated Maturity. 95584487.4 -20- Accrued interest received from the Purchasers of the Bonds after the Closing Date, shall be deposited to the Bond Fund. In addition, any surplus proceeds from the sale of the Bonds, including investment income thereon, not expended for authorized purposes shall be deposited in the Bond Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said Fund from ad valorem taxes. SECTION 13. Security of Funds. All money on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws of the State of Texas for the security of public funds, and money on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 14. Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in the payments to be made to the Bond Fund or (b) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Ordinance, the Holders of any of the Bonds shall be entitled to seek a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the City and other officers of the City to observe and perform any covenant, condition, or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. SECTION 15. Notices to Holders; Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first -class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Holders. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 16. Cancellation. All Bonds surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The City 95584487.4 -2 1 - may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly canceled by the Paying Agent/Registrar. All canceled Bonds held by the Paying Agent/Registrar shall be destroyed as directed by the City. SECTION 17. Mutilated, Destroyed, Lost, and Stolen Bonds. If (1) any mutilated Bond is surrendered to the Paying Agent/Registrar, or the City and the Paying Agent/Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Bond, and (2) there is delivered to the City and the Paying Agent/Registrar such security or indemnity as may be required to save each of them harmless, then, in the absence of notice to the City or the Paying Agent/Registrar that such Bond has been acquired by a bona fide purchaser, the City shall execute and, upon its request, the Paying Agent/Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same Stated Maturity and interest rate and of like tenor and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost, or stolen Bond has become or is about to become due and payable, the City in its discretion may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond or payment in lieu thereof, under this Section, the City may require payment by the Holder of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses and charges (including attorney's fees and the fees and expenses of the Paying Agent/Registrar) connected therewith. Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Bond shall constitute a replacement of the prior obligation of the City, whether or not the mutilated, destroyed, lost, or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Bonds. SECTION 18. Sale of Bonds — Authorization of Purchase Contract — Official Statement Approval. The Bonds authorized by this Ordinance are hereby sold to , Texas, as the authorized representative of a group of underwriters (the Purchasers, and having all the rights, benefits, and obligations of a Holder) in accordance with the provisions of a Purchase Contract dated , 2012 (the Purchase Contract) attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The Initial Bond shall be registered in the name of . The pricing and terms of the sale of the Bonds are hereby found and determined to be the most advantageous reasonably obtainable by the City. Each Authorized Official is hereby authorized and directed to execute the Purchase Contract for and on behalf of the City and as the act and deed of the City Council, and in regard to the approval and execution 95584487.4 -22- of the Purchase Contract, the City Council hereby finds, determines and declares that the representations, warranties, and agreements of the City contained in the Purchase Contract are true and correct in all material respects and shall be honored and performed by the City. Delivery of the Bonds to the Purchasers shall occur as soon as practicable after the adoption of this Ordinance, upon payment therefor in accordance with the terms of the Purchase Contract. Furthermore, the City hereby ratifies, confirms, and approves in all respects (i) the City's prior determination that the Preliminary Official Statement was, as of its date, "deemed final" in accordance with the Rule (hereinafter defined) and (ii) the use and distribution of the Preliminary Official Statement by the Purchasers in connection with the public offering and sale of the Bonds. The final Official Statement, being a modification and amendment of the Preliminary Official Statement to reflect the terms of sale, attached as Exhibit A to the Purchase Contract (together with such changes approved by the Mayor and City Secretary, or any one or more of said officials), shall be and is hereby in all respects approved and the Purchasers are hereby authorized to use and distribute the final Official Statement, dated March 27, 2012, in the reoffering, sale and delivery of the Bonds to the public. The Mayor and City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of the Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content manually executed by said officials shall be deemed to be approved by the City and constitute the Official Statement authorized for distribution and use by the Purchasers. SECTION 19. Escrow Deposit Letter Approval and Execution; Proceeds of Sale; Contribution by City. The Escrow Deposit Letter dated as of June 26, 2012 to be effective upon the initial delivery of the Bonds to the Purchasers (the Agreement) between the City and The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (the Escrow Agent), attached hereto as Exhibit C and incorporated herein by reference as a part of this Ordinance for all purposes, is hereby approved as to form and content, and such Agreement in substantially the form and substance attached hereto, together with such changes or revisions as may be necessary to accomplish the refunding or benefit the City, is hereby authorized to be executed by the Mayor and City Secretary and on behalf of the City and as the act and deed of this City Council; and such Agreement as executed by said officials shall be deemed approved by the City Council and constitute the Agreement herein approved. Furthermore, any Authorized Official and Bond Counsel, in cooperation with the Escrow Agent, are hereby authorized and directed to make the necessary arrangements for the purchase of the Federal Securities referenced in the Agreement and the initial delivery thereof to the Escrow Agent on the day of delivery of the Bonds to the Purchasers for deposit to the credit of the "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT REFUNDING BONDS, SERIES 2012A (AIRPORT REFUNDING — AMT) ESCROW FUND" (the Escrow Fund), including the execution of the subscription forms for the purchase and issuance of the "United States Treasury Securities - State and Local Government Series ", if any, for deposit to the Escrow Fund; all as contemplated and provided by the provisions of the Act, this Ordinance, and the Agreement. Immediately following the delivery of the Bonds, the proceeds of sale along with a cash contribution, if any, from the City (less certain costs of issuance, and accrued interest received 95584487.4 -23 - from the Purchasers of the Bonds) shall be deposited with the Escrow Agent for application and disbursement in accordance with the provisions of the Agreement. The proceeds of sale of the Bonds not so deposited with the Escrow Agent for the refunding of the Refunded Obligations shall be disbursed for payment of costs of issuance and deposited with the place of payment (of the Refunded Obligations) in an account in the name of the City and applied for the purposes of providing for the payment of the costs and expenses incurred in connection therewith or deposited in the Bond Fund for the Bonds, all in accordance with written instructions from the City Manager. SECTION 20. Redemption of Refunded Obligations. The Refunded Obligations referenced in the preamble hereof become subject to redemption prior to their stated maturities at the price of par, premium, if any, and accrued interest to the date of redemption. The Mayor shall give written notice to the paying agent/registrar for the Refunded Obligations and the Escrow Agent that all of the Refunded Obligations have been called for redemption, and the City Council orders that such obligations are called for redemption on the date set forth on Schedule I attached to this Ordinance, and such order to redeem the Refunded Obligations on such date shall be irrevocable upon the delivery of the Bonds. A copy of the notice of redemption pertaining to the Refunded Obligations is attached to this Ordinance as Exhibit D and is incorporated herein by reference for all purposes. The paying agent for the Refunded Obligations is authorized and instructed to provide notice of this redemption to the holders of the Refunded Obligations in the form and manner described in the ordinance authorizing the issuance of the Refunded Obligations. SECTION 21. Covenants to Maintain Tax - Exempt Status. A. Definitions. When used in this Section, the following terms have the following meanings: Code means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. Computation Date has the meaning set forth in Section 1.148 -1(b) of the Regulations. Gross Proceeds means any proceeds as defined in Section 1.148 -1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148 -1(c) of the Regulations, of the Bonds. Investment has the meaning set forth in Section 1.148 -1(b) of the Regulations. Nonpurpose Investment means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds. Rebate Amount has the meaning set forth in Section 1.148 -1(b) of the Regulations. 95584487.4 -24- Regulations means any proposed, temporary, or final Income Tax Regulations issued pursuant to sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. Yield of (1) any Investment has the meaning set forth in Section 1.148 -5 of the Regulations; and (2) the Bonds has the meaning set forth in Section 1.148 -4 of the Regulations. B. Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants in this Section. C. Not to Invest at Higher Yield. Except to the extent that it will not cause the Bonds to become "arbitrage bonds" within the meaning of section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment, if as a result of such investment the Yield of any Investment acquired with Gross Proceeds, whether then held or previously disposed of, materially exceeds the Yield of the Bonds. D. Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. E. Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038 or such other form and in such place as the Secretary may prescribe. F. Prohibition on Certain Uses of Bond Proceeds. The City shall not use or permit the use of any proceeds of the Bonds or any income from the investment thereof: (a) to provide any airplane, skybox, or other private luxury box, any facility primarily used for gambling, or any store the principal business of which is the sale of alcoholic beverages for consumption off premises, or 95584487.4 -25 - (b) To pay or otherwise finance costs of issuance of the Bonds (e.g., underwriting compensation, trustee and rating agency fees, printing costs, Issuer fees, and fees and expenses of counsel) in an amount which exceeds 2% of the proceeds of the Bonds. G. Prohibition on Certain Uses of Proceeds. The City shall not use or permit the use of proceeds of the Bonds to pay or otherwise finance the costs of acquisition of property (or an interest therein) unless the first use of such property is pursuant to such acquisition. H. Public Approval. The City shall timely obtain the public approval required by section 147(f) of the Code with respect to the Bonds. I. Representation Regarding Maturity of Bonds. The weighted average maturity of the Bonds will not exceed 120% of the average reasonable expected economic life of the facilities being financed with the Proceeds of the Refunded Obligations, both as calculated in accordance with section 147(b) of the Code. J. Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Bond is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Bonds with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date. (3) As additional consideration for the purchase of the Bonds by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Bond Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Bonds equals (i) in the case of a Final Computation Date as defined in Section 1.148 - 3(e)(2) of the Regulations, one hundred percent (100 %) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90 %) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by 95584487.4 -26- section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038 -T or such other forms and information as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148 -3(h) of the Regulations. K. Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Bonds, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection L of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Bonds not been relevant to either party. L. Bonds Not Hedge Bonds. (1) At the time the original bonds refunded by the Bonds were issued, the City reasonably expected to spend at least 85% of the spendable proceeds of such bonds within three years after such bonds were issued. (2) Not more than 50% of the proceeds of the original bonds refunded by the Bonds were invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. M. Current Refunding of the Refunded Obligations. The Bonds are issued, in part, to refund the Refunded Obligations, and the Bonds will be issued, and the proceeds thereof used, within 90 days after the Closing Date for the redemption of a portion of the Refunded Obligations. In the issuance of the Bonds, the City has employed no "device" to obtain a material financial advantage (based on arbitrage), within the meaning of section 149(d)(4) of the Code, apart from savings attributable to lower interest rates. The City has complied with the covenants, representations, and warranties contained in the documents executed in connection with the issuance of the Refunded Obligations. N. Elections. The City hereby directs and authorizes any Authorized Official or any combination thereof, to make such elections in the Certificate as to Tax Exemption or similar or other appropriate certificate, form, or document permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Bonds. Such elections shall be deemed to be made on the Closing Date. SECTION 22. Control and Custody of Bonds. The Mayor shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas and shall take and have charge and control of the 95584487.4 -27- Bonds pending their approval by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery of the Bonds to the Purchasers. Furthermore, any Authorized Official, or any combination thereof, is hereby authorized and directed to furnish and execute such documents relating to the City and its financial affairs as may be necessary for the issuance of the Bonds, the approval of the Attorney General and their registration by the Comptroller of Public Accounts and, together with the City's financial advisors, Bond Counsel, and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Bonds to the Purchasers and the initial exchange thereof for definitive Bonds. SECTION 23. Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Bonds, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Bonds, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Bonds or the principal amount(s) thereof at Stated Maturity or to the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, and /or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities, in the case of a net defeasance, have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any money deposited therewith, if any, to pay when due the principal of and interest on such Bonds, or the principal amount(s) thereof, on or prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof. In the event of a gross defeasance of the Bonds, the City shall deliver a certificate from its financial advisor, the Paying Agent/Registrar, or another qualified third party concerning the deposit of cash and /or Government Securities to pay, when due, the principal of, redemption premium (if any), and interest due on any defeased Bonds. The City covenants that no deposit of money or Government Securities will be made under this Section and no use made of any such deposit which would cause the Bonds to be treated as arbitrage bonds within the meaning of section 148 of the Code (as defined in Section 21 hereof). Any money so deposited with the Paying Agent/Registrar, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Bonds, or any principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Bonds and remaining unclaimed for a period of three (3) years after the Stated Maturity of the Bonds or applicable redemption date, such money was deposited and is held in trust to pay shall 95584487.4 -28- upon the request of the City be remitted to the City against a written receipt therefor, subject to the unclaimed property laws of the State of Texas. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem defeased Bonds that is made in conjunction with the payment arrangements specified in subsection (i) or (ii) above shall not be irrevocable, provided that: (1) in the proceedings providing for such defeasance, the City expressly reserves the right to call the defeased Bonds for redemption; (2) gives notice of the reservation of that right to the owners of the defeased Bonds immediately following the defeasance; (3) directs that notice of the reservation be included in any redemption notices that it authorizes; and (4) at the time of the redemption, satisfies the conditions of (i) or (ii) above with respect to such defeased debt as though it was being defeased at the time of the exercise of the option to redeem the defeased Bonds, after taking the redemption into account in determining the sufficiency of the provisions made for the payment of the defeased Bonds. SECTION 24. Printed Opinion. The Purchasers' obligation to accept delivery of the Bonds is subject to its being furnished a final opinion of Fulbright & Jaworski L.L.P., as Bond Counsel, approving certain legal matters as to the Bonds, said opinion to be dated and delivered as of the date of initial delivery and payment for such Bonds. Printing of a true and correct copy of said opinion on the reverse side of each of the Bonds, with appropriate certificate pertaining thereto executed by facsimile signature of the City Secretary of the City is hereby approved and authorized. SECTION 25. CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Bonds shall be of no significance or effect as regards the legality thereof, and neither the City nor attorneys approving said Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Bonds. SECTION 26. Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 27. Ordinance a Contract; Amendments - Outstanding Bonds. The City acknowledges that the covenants and obligations of the City herein contained are a material inducement to the purchase of the Bonds. This Ordinance shall constitute a contract with the Holders from time to time, shall be binding on the City and its successors and assigns, and shall not be amended or repealed by the City so long as any Bond remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the written consent of Holders holding a majority in aggregate principal amount of the Bonds then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided; however, that, without the consent of all Holders of Outstanding Bonds, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, and interest on the Bonds, reduce the principal amount thereof, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, the redemption price therefor, or interest on the Bonds, (2) give any 95584487.4 -29- preference to any Bond over any other Bond, or (3) reduce the aggregate principal amount of Bonds required for consent to any such amendment, addition, or rescission. SECTION 28. Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, Bond Counsel, Paying Agent/Registrar, and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, Bond Counsel, the Paying Agent/Registrar, and the Holders. SECTION 29. Inconsistent Provisions. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 30. Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 31. Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 32. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 33. Incorporation of Preamble Recitals. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 34. Authorization of Paying Agent/Registrar Agreement. The City Council of the City hereby finds and determines that it is in the best interest of the City to authorize the execution of a Paying Agent/Registrar Agreement concerning the payment, exchange, and transferability of the Bonds. A copy of the Paying Agent/Registrar Agreement is attached hereto, in substantially final form, as Exhibit A and is incorporated by reference to the provisions of this Ordinance. SECTION 35. Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 36. Unavailability of Authorized Publication. If, because of the temporary or permanent suspension of any newspaper, journal, or other publication, or, for any reason, 95584487.4 -30- publication of notice cannot be made meeting any requirements herein established, any notice required to be published by the provisions of this Ordinance shall be given in such other manner and at such time or times as in the judgment of the City or of the Paying Agent/Registrar shall most effectively approximate such required publication and the giving of such notice in such manner shall for all purposes of this Ordinance be deemed to be in compliance with the requirements for publication thereof. SECTION 37. No Recourse Against City Officials. No recourse shall be had for the payment of principal of, premium, if any, or interest on any Bond or for any claim based thereon or on this Ordinance against any official of the City or any person executing any Bond. SECTION 38. Continuing Disclosure Undertaking. A. Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: EMMA means the MSRB's Electronic Municipal Market Access system, accessible by the general public, without charge, on the internet through the uniform resource locator (URL) http: / /www.emma.msrb.org. MSRB means the Municipal Securities Rulemaking Board. Rule means SEC Rule 15c2 -12, as amended from time to time. SEC means the United States Securities and Exchange Commission. B. Annual Reports. The City shall file annually with the MSRB, (1) within six months after the end of each fiscal year of the City ending in or after 2012, financial information and operating data with respect to the City of the general type included in the final Official Statement authorized by Section 18 of this Ordinance, being the information described in Exhibit E hereto, and (2) if not provided as part such financial information and operating data, audited financial statements of the City, when and if available. Any financial statements so to be provided shall be prepared in accordance with the accounting principles described in Exhibit E 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 (ii) 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 file unaudited financial statements within such period and audited for the applicable fiscal year to the MSRB, when and if the audit report on such statements becomes available. If the City changes its fiscal year, it will file notice of such change (and of the date of the new fiscal year end) with the MSRB prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. 95584487.4 -31- C. Notice of Certain Events. The City shall file notice of any of the following events with respect to the Bonds to the MSRB in a timely manner and not more than 10 business days after occurrence of the event: (1) Principal and interest payment delinquencies; (2) Non - payment related defaults, if material; (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, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701 - TEB), or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (7) Modifications to rights of holders of the Bonds, if material; (8) Bond calls, if material, and tender offers; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the Bonds, if material; (11) Rating changes; (12) Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; (13) The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) Appointment of a successor or additional paying agent/registrar or the change of name of a paying agent/registrar, if material. For these purposes, any event described in the immediately preceding paragraph (12) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in 95584487.4 -32- possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. The City shall file notice with the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with this Section by the time required by this Section. D. Limitations, Disclaimers, and Amendments. 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 Bonds within the meaning of the Rule, except that the City in any event will give notice of any deposit that causes the Bonds to be no longer Outstanding. The provisions of this Section are for the sole benefit of the holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The 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 Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITH OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing their obligations under this Section shall constitute a breach of or default under this 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. 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 Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account 95584487.4 -33- any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the holders and beneficial owners of the Bonds. The City may also repeal or amend the provisions of this Section if the SEC amends or repeals the applicable provisions of the Rule or any court of final jurisdiction enters judgment that such provisions of the Rule are invalid, and the City also may amend the provisions of this Section in its discretion in any other manner or circumstance, but in either case only if and to the extent that the provisions of this sentence would not have prevented an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds, giving effect to (a) such provisions as so amended and (b) any amendments or interpretations of the Rule. If the City so amends the provisions of this Section, the City shall include with any amended financial information or operating data next provided in accordance with this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. E. Information Format — Incorporation by Reference. The City information required under this Section shall be filed with the MSRB through EMMA in such format and accompanied by such identifying information as may be specified from time to time thereby. Under the current rules of the MSRB, continuing disclosure documents submitted to EMMA must be in word - searchable portable document format (PDF) files that permit the document to be saved, viewed, printed, and retransmitted by electronic means and the series of obligations to which such continuing disclosure documents relate must be identified by CUSIP number or numbers. 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) available to the public through EMMA or filed with the SEC. SECTION 39. Book -Entry Only System. It is intended that the Bonds will initially be registered so as to participate in a securities depository system (the DTC System) with the Depository Trust Company, New York, New York, or any successor entity thereto (DTC), as set forth herein. Each Stated Maturity of the Bonds shall be issued (following cancellation of the Initial Bonds described in Section 7) in the form of a separate single definitive Bond. Upon issuance, the ownership of each such Bond shall be registered in the name of Cede & Co., as the nominee of DTC, and all of the Outstanding Bonds shall be registered in the name of Cede & Co., as the nominee of DTC. The City and the Paying Agent/Registrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including the Letter of Representations attached hereto as Exhibit F (the Representation Letter). 95584487.4 -34- With respect to the Bonds registered in the name of Cede & Co., as nominee of DTC, the City and the Paying Agent/Registrar shall have no responsibility or obligation to any broker - dealer, bank, or other financial institution for which DTC holds the Bonds from time to time as securities depository (a Depository Participant) or to any person on behalf of whom such a Depository Participant holds an interest in the Bonds (an Indirect Participant). Without limiting the immediately preceding sentence, the City and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Depository Participant or any other person, other than a registered owner of the Bonds, as shown on the Security Register, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a Holder of a Bond, of any amount with respect to principal of, premium, if any, or interest on the Bonds. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive a Bond evidencing the obligation of the City to make payments of principal, premium, if any, and interest pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks or drafts being mailed to the Holder, the word "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. In the event that (a) the City determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b) the Representation Letter shall be terminated for any reason, or (c) DTC or the City determines that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the City shall notify the Paying Agent/Registrar, DTC, and the Depository Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Bonds shall no longer be restricted to being registered in the name of Cede & Co., as nominee of DTC. At that time, the City may determine that the Bonds shall be registered in the name of and deposited with a successor depository operating a securities depository system, as may be acceptable to the City, or such depository's agent or designee, and if the City and the Paying Agent/Registrar do not select such alternate securities depository system then the Bonds may be registered in whatever name or names the Holders of Bonds transferring or exchanging the Bonds shall designate, in accordance with the provisions hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Representation Letter. SECTION 40. Further Procedures. The officers and employees of the City are hereby authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the City all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the initial sale and delivery of the Bonds, the Paying Agent/Registrar Agreement, the Purchase Contract, the Agreement, and the Official Statement. In addition, prior to the initial delivery of the Bonds, 95584487.4 -35- any Authorized Official and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Ordinance or to any of the instruments authorized and approved by this Ordinance necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance and as described in the Official Statement, (ii) obtain a rating from any of the national bond rating agencies, or (iii) obtain the approval of the Bonds by the Texas Attorney General's office. In case any officer of the City whose signature shall appear 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 such officer had remained in office until such delivery. SECTION 41. Effective Date. Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption, notwithstanding any provision in the City's Home Rule Charter to the contrary concerning a multiple reading requirement for the adoption of ordinances. 95584487.4 [The remainder of this page intentionally left blank.] -36- PASSED, APPROVED AND ADOPTED on the 26th day of June, 2012. CITY OF CORPUS CHRISTI Mayor ATTEST: City Secretary (SEAL) APPROVED THIS DAY OF JUNE, 2012: Carlos Valdez, City Attorney Schedule I - Refunded Obligations Schedule II - Approval Certificate Exhibit A - Paying Agent/Registrar Agreement Exhibit B - Purchase Contract Exhibit C - Escrow Deposit Letter Exhibit D - Notice of Redemption Exhibit E - Description of Annual Financial Information Exhibit F - DTC Letter of Representations 95584487.4 S -1 THE STATE OF TEXAS COUNTY OF N UECES 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 26th day of June, 2012, authorizing the issuance of the City's General Improvement Refunding Bonds, Series 2012A (Airport Refunding — AMT), 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 day of June, 2012. (CITY SEAL) 95584487.4 S -2 City Secretary Schedule I Refunded Obligations City of Corpus Christi, Texas General Airport Revenue Bonds, Series 2000A (Exempt Facility Bonds ) (AMT), dated August 15, 2000, in the original principal amount of $13,010,000 and stated to mature on February 15 in each of the years 2013 through 2020 and February 15, 2023 in the aggregate principal amount of $8,300,000. The redemption date is August 15, 2012. 95584487.4 Schedule I -1 SCHEDULE II Approval Certificate See Tab No. 95584487.4 Schedule II -1 95584487.4 EXHIBIT A Paying Agent/Registrar Agreement See Tab No. A -1 95584487.4 EXHIBIT B Purchase Contract See Tab No. B -1 95584487.4 EXHIBIT C Escrow Deposit Letter See Tab No. C -1 95584487.4 EXHIBIT D Notice of Redemption See Tab No. D -1 EXHIBIT E Description of Annual Financial Information The following information is referred to in Section 38 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: Financial information and operating data with respect to the City of the general type included in Tables through . The City's audited financial statements for the most recently concluded fiscal year or to the extent these audited financial statements are not available, the portions of the unaudited financial statements of the City appended to the Official Statement as Appendix , but for the most recently concluded fiscal year. Accounting Principles The accounting principles referred to in such Section are generally accepted accounting principles for governmental units as prescribed by the Government Accounting Standards Board from time to time. 95584487.4 E -1 95584487.4 EXHIBIT F DTC Letter of Representations See Tab No. F -1 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 19, 2012 Action Item for the City Council Meeting of June 26, 2012 DATE: June 26, 2012 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP ©cctexas.com (361) 826 -3227 Fred Segundo, Director of Aviation FredS ©cctexas.com (361) 289 -0171 x1213 Refunding of Airport Bonds from Airport Revenue Bonds to General Improvement Bonds PURPOSE: A. Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the City of Corpus Christi, Texas General Improvement Refunding Bonds, Series 2012A (Airport Refunding — AMT) and Series 2012B (Airport Refunding — Non -AMT). B. Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas General Improvement Refunding Bonds, Series 2012A (Airport Refunding — AMT) ", levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the Bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the Bonds, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent /registrar agreement; a purchase contract, and an escrow deposit letter; complying with the letter of representations on file with the depository trust company; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of the bonds, and providing an effective date. C. Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas General Improvement Refunding Bonds, Series 2012B (Airport Refunding — Non - AMT) ", levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the Bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the Bonds, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent /registrar agreement; a purchase contract, and an escrow deposit letter; complying with the letter of representations on file with the depository trust company; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of the bonds, and providing an effective date. BACKGROUND AND FINDINGS: In 2000, the City of Corpus Christi issued $13,010,000 of General Airport Revenue Bonds, Series 2000A (Exempt Facility Bonds) to fund construction of facilities at the Corpus Christi International Airport's terminal complex. These bonds were classified as "AMT" bonds or alternative minimum tax bonds because the purchaser of those bonds could be subject to alternative minimum tax due to the potential for private business use that might be generated from the Airport terminal. The City also issued $9,640,000 of General Airport Revenue Bonds, Series 2000B (non -AMT) to finance public roads for the airport and improvements to the parking facility- including covered parking and a toll plaza. These bonds are secured by Airport revenues and have a debt covenant requiring net revenues each fiscal year to be sufficient to equal the greater of either an amount not less than 1.25 times the annual debt service requirement for the bonds or all amounts required to be deposited to the credit of the Airport Debt Service Fund, the Airport Debt Service Reserve Fund, the Airport Operating Reserve Fund, and the Airport Subordinated Debt Fund. These bonds have a 10 -year call date and became callable on August 15, 2010. However, redeeming these bonds can only be made on interest payment dates which are February 15th and August 15th of each year. In analyzing the refunding for these bonds, the market had not favorable due to the underlying BBB credit rating for the Airport. In discussing this matter with City management and the City's financial advisor, it is the City's recommendation to refund these bonds into general obligation bonds backed by the full faith and credit of the City. The debt payments would still be made from Airport revenue and would still be an obligation of the Airport. They would be considered self - supporting debt and would not count against the City's $0.68 tax cap. By refunding as general obligation bonds, it is estimated that the Series 2000 -A bonds would generate a net present value savings of $628,854 or 7.6 %, and the Series 2000 -B bonds would generate a net present value savings of $1,690,160 or 17.5 %. Issuance of bonds requires utilization of a financing team which is made up of three parts: the financial advisor, bond counsel, and the underwriting syndicate. Part A of this agenda item authorizes the appointment of M. E. Allison & Co., Inc. as financial advisor for this transaction. See Exhibit A for the Financial Advisor's fee schedule. Fulbright & Jaworski L.L.P. is currently under contract with the City to serve as the City's bond counsel and will serve as the second part of our financing team. The third part of the financing team is the underwriters, and selection of the syndicate of underwriters from the City's pool of approved underwriters is being recommended for delegation to the Mayor, City Manager, and Assistant City Manager in Parts B and C of this agenda item. Because of the fluctuating conditions in the municipal bond market, our financial advisor has recommended that the City Council delegate to the Mayor, City Manager, and Assistant City Manager (the "Delegated Officials ") the authority to effectuate the sale of the transactions when the market warrants. The City's bond counsel has also confirmed that the City can delegate the sale of these bonds to the Delegated Officials in the manner outlined above pursuant to the authority contained in Chapter 1371, as amended, Texas Government Code. Parts B and C of this agenda item will authorize this delegation. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a FINANCIAL IMPACT: Part B — AMT Bonds ❑Not Applicable X Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - Debt Payments - - $11,150,040 $ 11,150,040 Encumbered /Expended amount of (date) - - - This item - $ 10,259,597 $ 10,259,597 BALANCE - - $890,443 $ 890,443 FUND(S): Debt Service Fund COMMENTS: The $890,443 noted above represents savings in debt payments by refunding the Airport revenue bonds into general obligation bonds for the remaining life of the bonds — through 2023. This represents a net present value savings of $628,854. Part C — Non -AMT Bonds ❑Not Applicable X Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - Debt Payments - - $17,386,450 $ 17,386,450 Encumbered /Expended amount of (date) - - - This item - $ 15,134,363 $ 15,134,363 BALANCE - - $2,252,087 $ 2,252,087 FUND(S): Debt Service Fund COMMENTS: The $2,252,087 noted above represents savings in debt payments by refunding the Airport revenue bonds into general obligation bonds for the remaining life of the bonds — through 2030. This represents a net present value savings of $1,690,160. RECOMMENDATION: Staff recommends approval of the motion and ordinances as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: Issuance of municipal obligations are exempted from the City of Christi's charter provision regarding dual reading and /or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTAL CLEARANCES: • Airport • Bond Counsel • Legal Department LIST OF SUPPORTING DOCUMENTS: Exhibit A Ordinances cc: Lisa Aguilar, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager Wesley S. Pierson, Assistant City Manager DRAFT 6/8/2012 ORDINANCE NO. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS AUTHORIZING THE ISSUANCE OF "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT REFUNDING BONDS, SERIES 2012B (AIRPORT REFUNDING — NON - AMT) ", LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT, A PURCHASE CONTRACT, AND AN ESCROW DEPOSIT LETTER; COMPLYING WITH THE LETTER OF REPRESENTATIONS ON FILE WITH THE DEPOSITORY TRUST COMPANY; DELEGATING THE AUTHORITY TO THE MAYOR AND CERTAIN MEMBERS OF THE CITY STAFF TO EXECUTE CERTAIN DOCUMENTS RELATING TO THE SALE OF THE BONDS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the City Council) of the City of Corpus Christi, Texas (the City) has heretofore issued, sold, and delivered, and there are currently outstanding obligations in the aggregate original principal amount of $ being the obligations set forth on Schedule I hereto which is incorporated by reference for all purposes to this ordinance (the Refunded Obligations); and WHEREAS, the City Council intends to issue an aggregate principal of $ in general improvement refunding bonds the proceeds of which will be utilized to provide for the (i) refunding of the Refunded Obligations and (ii) payment of the costs of issuance of the general improvement refunding bonds; and WHEREAS, pursuant to the provisions of Chapter 1207, as amended, Texas Government Code (the Act), the City Council is authorized to issue refunding bonds and deposit the proceeds of sale under an escrow agreement to provide for the payment of the Refunded Obligations, and such deposit, when made in accordance with the Act, shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Refunded Obligations; and WHEREAS, the Act permits that the deposit of the proceeds from the sale of the refunding bonds be deposited directly with any designated escrow agent which is not the depository bank of the City; and WHEREAS, when firm banking arrangements have been made for the payment of principal of and interest to the stated maturity or redemption dates of the Refunded Obligations, then the Refunded Obligations shall no longer be regarded as outstanding except for the purpose 95584631.3 of receiving payment from the funds provided for such purpose and may not be included in or considered to be an indebtedness of the City for the purpose of a limitation on outstanding indebtedness or taxation or for any other purpose; and WHEREAS, The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (as the successor in interest to The Bank of New York Mellon Trust Company, N.A., Dallas, Texas) currently serves as the paying agent for the Refunded Obligations; and WHEREAS, The Bank of New York Mellon Trust Company, N.A., Dallas, Texas is hereby appointed as the Escrow Agent and as Paying Agent/Registrar (hereafter defined) for the refunding bonds; and WHEREAS, the City Council also hereby finds and determines that the Refunded Obligations are scheduled to mature or are subject to being redeemed, not more than twenty (20) years from the date of the refunding bonds herein authorized and being issued to restructure the City's airport system revenue debt service and terminate certain punitive airport covenants, will result in a net present value saving of $ and a gross saving of $ excluding the City's contribution of $ ; and WHEREAS, the City Council hereby finds and determines that the issuance of the general improvement refunding bonds is in the best interests of the citizens of the City, now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: SECTION 1. Authorization - Designation - Principal Amount - Purpose — Dated Date. General improvement refunding bonds of the City shall be and are hereby authorized to be issued in the aggregate principal amount of THOUSAND AND NO /100 DOLLARS ($ ), to be designated and bear the title of "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT REFUNDING BONDS, SERIES 2012B (AIRPORT REFUNDING — NON - AMT)" (the Bonds), for the purpose of providing funds for the (i) refund the City's currently outstanding obligations as identified in Schedule I attached hereto (the "Refunded Bonds ") and (ii) pay the costs related to the issuance of the Bonds, all in conformity with the laws of the State of Texas, particularly the Act, an ordinance adopted by the City Council on June 26, 2012, and the City's Home Rule Charter. As authorized by the Act, each Authorized Official (hereinafter defined) is hereby authorized, appointed, and designated as an officer of the City authorized to individually act on behalf of the City in selling and delivering the Bonds authorized herein and carrying out the procedures specified in this Ordinance, including approval of the aggregate principal amount of each maturity of the Bonds, the redemption provisions therefor, the Dated Date thereof, the rate of interest to be borne on the principal amount of each such maturity, and the underwriter or syndicate of underwriters for the Bonds and the respective roles of such syndicate members. Each Authorized Official, acting for and on behalf of the City, is authorized to execute the Approval Certificate attached hereto as Schedule II. The Bonds shall be issued in the principal 95584631.3 -2- amount not to exceed $10,500,000; the maximum maturity of the Bonds will be March 1, 2030; and the net effective per annum interest rate shall not exceed a rate greater than 7.00% per annum calculated in a manner consistent with the provisions of Chapter 1204, as amended, Texas Government Code. The refunding of the Refunded Obligations shall result in a net present value saving to the City of not less than 3.00% or gross savings of at least $ , excluding the City Contribution. Lastly, each Authorized Official is authorized to select the bond insurer, if any, with respect to the Bonds. The execution of the Approval Certificate shall evidence the sale date of the Bonds by the City to the Purchasers (hereinafter defined) in accordance with the provisions of the Act. Upon execution of the Approval Certificate, Bond Counsel is authorized to complete this Ordinance to reflect such final terms. SECTION 2. Fully Registered Obligations - Authorized Denominations - Stated Maturities - Interest Rates — Dated Date. The Bonds shall be issued as fully registered obligations, without coupons, shall be dated July 1, 2012 (the Dated Date), and shall be in denominations of $5,000 or any integral multiple thereof, and the Bonds shall become due and payable on March 1 in each of the years and in principal amounts (the Stated Maturities) in accordance with the following schedule: Years of Principal Interest Stated Maturity Amounts ($) Rates ( %) 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 95584631.3 -3 - The Bonds shall bear interest on the unpaid principal amount from the Dated Date, or from the most recent Interest Payment Date (hereinafter defined) to which interest has been paid or duly provided for, to the earlier of redemption or Stated Maturity while Outstanding, at the rates per annum shown in the above schedule (calculated on the basis of a 360 -day year of twelve 30 -day months). Interest on the Bonds shall be payable on March 1 and September 1 in each year, commencing on September 1, 2012 (the Interest Payment Date), while the Bonds are Outstanding. SECTION 3. Payment of Bonds - Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Bonds, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and such payment of principal of, premium, if any, and interest on the Bonds shall be without exchange or collection charges to the Holder (as hereinafter defined) of the Bonds. The selection and appointment of The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (the Paying Agent /Registrar) to serve as the initial Paying Agent/Registrar for the Bonds is hereby approved and confirmed, and the City agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent/Registrar books and records (the Security Register) for the registration, payment, and transfer of the Bonds, all as provided herein, in accordance with the terms and provisions of a Paying Agent/Registrar Agreement, attached, in substantially final form, as Exhibit A hereto, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The City covenants to maintain and provide a Paying Agent/Registrar at all times while the Bonds are Outstanding, and any successor Paying Agent/Registrar shall be (i) a national or state banking institution or (ii) an association or 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. Such Paying Agent/Registrar shall be subject to supervision or examination by federal or state authority and authorized by law to serve as a Paying Agent/Registrar. The City reserves the right to appoint a successor Paying Agent/Registrar upon providing the previous Paying Agent/Registrar with a certified copy of a resolution or ordinance terminating such agency. Additionally, the City agrees to promptly cause a written notice of this substitution to be sent to each Holder of the Bonds by United States mail, first -class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of, premium, if any, and interest on the Bonds, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable only to the registered owner of the Bonds appearing on the Security Register (the Holder or Holders) maintained on behalf of the City by the Paying Agent/Registrar as hereinafter provided (i) on the Record Date (hereinafter defined) for purposes of payment of interest thereon, (ii) on the date of surrender of the Bonds for purposes of receiving payment of principal thereof upon redemption of the Bonds or at the Bonds' Stated Maturity, and (iii) on any other date for any other purpose. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder as the owner of a Bond for 95584631.3 -4- purposes of receiving payment and all other purposes whatsoever, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. Principal of and premium, if any, on the Bonds shall be payable only upon presentation and surrender of the Bonds to the Paying Agent/Registrar at its corporate trust office. Interest on the Bonds shall be paid to the Holder whose name appears in the Security Register at the close of business on the fifteenth day of the month next preceding an Interest Payment Date for the Bonds (the Record Date) and shall be paid (i) by check sent by United States mail, first -class postage prepaid, by the Paying Agent/Registrar, to the address of the Holder appearing in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested in writing by the Holder at the Holder's risk and expense. If the date for the payment of the principal of, premium, if any, or interest on the Bonds shall be a Saturday, a Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Bonds was due. In the event of a non - payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first -class postage prepaid, to the address of each Holder of a Bond appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4. Redemption. A. Mandatory Redemption of Bonds. The Bonds stated to mature on March 1, and March 1, are collectively referred to herein as the "Term Bonds ". The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Bond Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on March 1 in each of the years as set forth below: 95584631.3 -5 - Term Bonds Stated to Mature on March 1, Term Bonds Stated to Mature on March 1, Principal Principal Year Amount ($) Year Amount ($) *Payable at Stated Maturity B. The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Bonds of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the City with money in the Bond Fund, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. C. Optional Redemption. The Bonds having Stated Maturities on and after March 1, 2023 shall be subject to redemption prior to Stated Maturity, at the option of the City, on March 1, 2022, or on any date thereafter, as a whole or in part, in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar), at the redemption price of par plus accrued interest to the date of redemption. D. Exercise of Redemption Option. At least forty -five (45) days prior to a date set for the redemption of Bonds (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of its decision to exercise the right to redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date set for the redemption thereof. The decision of the City to exercise the right to redeem Bonds shall be entered in the minutes of the governing body of the City. E. Selection of Bonds for Redemption. If less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall select at random and by lot the Bonds to be redeemed, provided that if less than the entire principal amount of a Bond is to be redeemed, the Paying Agent/Registrar shall treat such Bond then subject to redemption as representing the number of Bonds Outstanding which is obtained by dividing the principal amount of such Bond by $5,000. F. Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Bonds, a notice of redemption shall be sent by United States mail, first -class postage prepaid, in the name of the City and at the City's expense, by the Paying Agent/Registrar to each Holder of a Bond to be redeemed, in whole or in part, at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of 95584631.3 -6- mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Bonds, (ii) identify the Bonds 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 that the Bonds, 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 Bonds, or the principal amount thereof to be redeemed, shall be made at the corporate trust office of the Paying Agent/Registrar only upon presentation and surrender thereof by the Holder. This notice may also be published once in a financial publication, journal, or reporter of general circulation among securities dealers in the City of New York, New York (including, but not limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). Additionally, this notice may also be sent by the City to any registered securities depository and to any national information service that disseminates redemption notices. If a Bond 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 herein provided, such Bond (or the principal amount thereof to be redeemed) so called for redemption shall become due and payable, and if money sufficient for the payment of such Bonds (or of the principal amount thereof to be redeemed) at the then applicable redemption price is held for the purpose of such payment by the Paying Agent/Registrar, then on the redemption date designated in such notice, interest on said Bonds (or the principal amount thereof to be redeemed) called for redemption shall cease to accrue and such Bonds shall not be deemed to be Outstanding in accordance with the provisions of this Ordinance. G. Transfer/Exchange of Bonds. Neither the City nor the Paying Agent/Registrar shall be required (1) to transfer or exchange any Bond during a period beginning forty -five (45) days prior to the date fixed for redemption of the Bonds or (2) to transfer or exchange any Bond selected for redemption, provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance of a Bond which is subject to redemption in part. SECTION 5. Execution - Registration. The Bonds shall be executed on behalf of the City by its Mayor under the seal of the City reproduced or impressed thereon and attested by its City Secretary. The signature of any of said officers on the Bonds may be manual or facsimile. Bonds bearing the manual or facsimile signatures of individuals who were, at the time of the Dated Date, the proper officers of the City shall bind the City, notwithstanding that such individuals or either of them shall cease to hold such offices prior to the delivery of the Bonds to the Purchasers, all as authorized and provided in Chapter 1201, as amended, Texas Government Code. No Bond shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Bond either a certificate of registration substantially in the form provided in Section 8C, executed by the Comptroller of Public 95584631.3 -7- Accounts of the State of Texas or his duly authorized agent by manual signature, or a certificate of registration substantially in the form provided in Section 8D, executed by the Paying Agent/Registrar by manual signature, and either such certificate upon any Bond shall be conclusive evidence, and the only evidence, that such Bond has been duly certified or registered and delivered. SECTION 6. Registration - Transfer - Exchange of Bonds - Predecessor Bonds. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of every owner of the Bonds, or, if appropriate, the nominee thereof. Any Bond may, in accordance with its terms and the terms hereof, be transferred or exchanged for Bonds of other authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Bond to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender for transfer of any Bond at the corporate trust office of the Paying Agent/Registrar, the City shall execute and the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Bonds of authorized denomination and having the same Stated Maturity and of a like interest rate and aggregate principal amount as the Bond or Bonds surrendered for transfer. At the option of the Holder, Bonds may be exchanged for other Bonds of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Bonds surrendered for exchange upon surrender of the Bonds to be exchanged at the corporate trust office of the Paying Agent/Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute, and the Paying Agent/Registrar shall register and deliver, the Bonds to the Holder requesting the exchange. All Bonds issued upon any transfer or exchange of Bonds shall be delivered at the corporate trust office of the Paying Agent/Registrar, or be sent by registered mail to the Holder at his request, risk, and expense, and upon the delivery thereof, the same shall be the valid and binding obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Bonds surrendered upon such transfer or exchange. All transfers or exchanges of Bonds pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Bonds canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be Predecessor Bonds, evidencing all or a portion, as the case may be, of the same debt evidenced by the new Bond or Bonds registered and delivered in the exchange or transfer therefor. Additionally, the term Predecessor Bonds shall include any Bond registered and delivered pursuant to Section 17 in lieu of a mutilated, lost, destroyed, or stolen Bond which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Bond. 95584631.3 -8- SECTION 7. Initial Bonds. The Bonds herein authorized shall be initially issued as a single fully registered Bond in the aggregate principal amount of $ with principal installments to become due and payable as provided in Section 2 hereof and numbered T -1 (the Initial Bonds), and the Initial Bonds shall be registered in the name of the Purchasers or the designee thereof. The Initial Bonds shall be the Bonds submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Purchasers. Any time after the delivery of the Initial Bonds, the Paying Agent/Registrar, pursuant to written instructions from the Purchasers, or the designee thereof, shall cancel the Initial Bonds delivered hereunder and exchange therefor definitive Bonds of like kind and of authorized denominations, Stated Maturities, principal amounts bearing applicable interest rates, and shall be lettered "R" and numbered consecutively from one (1) upward for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the Purchasers, or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 8. Forms. A. Forms Generally. The Bonds, the Registration Certificate of Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Bonds shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including insurance legends in the event the Bonds, or any Stated Maturities thereof, are insured and identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends and any reproduction of an opinion of counsel) thereon as may, consistent herewith, be established by the City or determined by the officers executing the Bonds as evidenced by their execution thereof. Any portion of the text of any Bond may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Bond. The definitive Bonds shall be printed, lithographed, or engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Bonds as evidenced by their execution thereof, but the Initial Bond(s) submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. 95584631.3 [The remainder of this page intentionally left blank.] -9- B. Form of Definitive Bond. REGISTERED REGISTERED NO. PRINCIPAL AMOUNT United States of America State of Texas Counties of Nueces, Aransas, Kleberg, and San Patricio CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT REFUNDING BONDS, SERIES 2012B (AIRPORT REFUNDING — NON -AMT) Dated Date: July 1, 2012 REGISTERED OWNER: PRINCIPAL AMOUNT: Interest Rate: Stated Maturity: CUSIP NO: The City of Corpus Christi, Texas (the City), a body corporate and a municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof, on the Stated Maturity date specified above, the Principal Amount specified above (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Dated Date or from the most recent interest payment date to which interest has been paid or duly provided for until such Principal Amount has become due and payment thereof has been made or duly provided for, to the earlier of redemption or Stated Maturity, while Outstanding, at the per annum rate of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on March 1 and September 1 of each year, commencing September 1, 2012. Principal on this Bond shall be payable to the Registered Owner hereof (the Holder), upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar executing the registration certificate appearing hereon or a successor thereof. Interest shall be payable to the Holder of this Bond (or one or more Predecessor Bonds, as defined in the Ordinance hereinafter referenced) whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of, and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first -class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by the Holder hereof at the Holder's risk and expense. 95584631.3 -10- This Bond is one of the series specified in its title issued in the aggregate principal amount of $ (the Bonds) pursuant to an ordinance adopted by the governing body of the City on June 26, 2012 (the Ordinance), for the purpose of providing funds for the (i) refund the City's currently outstanding obligations as identified in Schedule I attached hereto and (ii) pay the costs related to the issuance of the Bonds, under and in strict conformity with the laws of the State of Texas, including Chapter 1207, as amended, Texas Government Code, and the City's Home Rule Charter. As specified in the Ordinance, the Bonds stated to mature on March 1, and March 1, are collectively referred to herein as the "Term Bonds ". The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Bond Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on March 1 in each of the years as set forth below: Term Bonds Stated to Mature on March 1, Term Bonds Stated to Mature on March 1, Principal Principal Year Amount ($) Year Amount ($) *Payable at Stated Maturity The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Bonds of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the City with money in the Bond Fund, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. The Bonds stated to mature on and after March 1, 2023 may be redeemed prior to their Stated Maturities, at the option of the City, on March 1, 2022, or on any date thereafter, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar) at the redemption price of par plus accrued interest to the date of redemption; provided, however, that at least thirty (30) days prior written notice shall be sent to the Holder of the Bonds to be redeemed by United States mail, first -class postage prepaid, and subject to the terms and provisions relating thereto contained in the Ordinance. If this Bond is subject to redemption prior to Stated Maturity and is in a denomination in excess of $5,000, or any integral multiple thereof may be redeemed, and, if less than all of the principal sum hereof is to be redeemed, there shall be issued, without charge 95584631.3 therefor, to the Holder hereof, upon the surrender of this Bond to the Paying Agent/Registrar at its corporate trust office, a new Bond or Bonds of like Stated Maturity and interest rate in any authorized denominations provided in the Ordinance for the then unredeemed balance of the principal sum hereof. If this Bond (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption duly given, then upon such redemption date this Bond (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and, if the money for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption is held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable hereon from and after the redemption date on the principal amount hereof to be redeemed. If this Bond is called for redemption, in whole or in part, the City or the Paying Agent/Registrar shall not be required to issue, transfer, or exchange this Bond within forty -five (45) days of the date fixed for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance hereof in the event of its redemption in part. The Bonds of this series are payable from the proceeds of an annual ad valorem tax levied upon all taxable property within the City within the limitations prescribed by law. Reference is hereby made to the Ordinance, a copy of which is on file in the corporate trust office of the Paying Agent/Registrar, and to all of the provisions of which the Holder by his acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Bonds; the terms and conditions relating to the transfer or exchange of the Bonds; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Bond may be redeemed or discharged at or prior to the Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions specified in the Ordinance. Capitalized terms used herein have the same meanings assigned in the Ordinance. This Bond, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by the Holder hereof, or his duly authorized agent, and thereupon one or more new fully registered Bonds of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder hereof whose name appears on the Security Register (i) on the Record Date as the owner hereof for purposes of receiving payment of interest hereon, (ii) on the date of surrender of this Bond as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity, or its earlier redemption, in whole or in part, and (iii) on any other date as the owner hereof for all other purposes, and neither the City nor the Paying Agent/Registrar, or any such agent of either, shall be affected by notice to the contrary. In the event of a non - payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest 95584631.3 -12- 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 (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) 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. It is hereby certified, covenanted, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to the issuance of this Bond in order to render the same a legal, valid, and binding obligation of the City have been performed, exist, and have been done, in regular and due time, form, and manner, as required by the laws of the State of Texas and the Ordinance, and that the issuance of the Bonds does not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of, premium if any, and interest on the Bonds by the levy of a tax as aforestated. In case any provision in this Bond or any application thereof shall be deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. 95584631.3 [The remainder of this page intentionally left blank.] -13- IN WITNESS WHEREOF, the City has caused this Bond to be duly executed under its official seal. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) 95584631.3 [The remainder of this page intentionally left blank.] -14- C. *Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Bonds Only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS REGISTER NO. THE 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 duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) * Note to Printer: Not to appear on printed Bonds D. Form of Certificate of Paying Agent/Registrar to Appear on Definitive Bonds Only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Bond has been duly issued under the provisions of the within- mentioned Ordinance; the Bond or Bonds of the above - entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. Registered this date: 95584631.3 -15- THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Paying Agent/Registrar By: Authorized Signature E. Form of Assignment. AS SIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): (Social Security or other identifying number): the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular. Signature guaranteed: F. The Initial Bonds shall be in the respective forms set forth in paragraph B of this Section, except that the form of a single fully registered Initial Bond shall be modified as follows: (i) immediately under the name of the Bond(s) the headings "Interest Rate" and "Stated Maturity" shall both be completed "as shown below "; (ii) the first two paragraphs shall read as follows: Registered Owner: Principal Amount: The City of Corpus Christi, Texas (the City), a body corporate and municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount specified above on the first day of March in each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: 95584631.3 -16- Years of Principal Interest Stated Maturity Amounts ($) Rates ( %) (Information to be inserted from schedule in Section 2 hereof). (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Dated Date, or from the most recent interest payment date to which interest has been paid or duly provided for, to the earlier of redemption or Stated Maturity, at the per annum rates of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on March 1 and September 1 of each year, commencing September 1, 2012. Principal of this Bond shall be payable to the Registered Owner hereof (the Holder), upon its presentation and surrender to Stated Maturity or prior redemption, while Outstanding, at the corporate trust office of The Bank of New York Mellon Trust Company, N.A., Dallas, Dallas, Texas (the Paying Agent /Registrar). Interest shall be payable to the Holder of this Bond whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first -class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder hereof. G. Insurance Legend. If bond insurance is obtained by the City or Purchasers (hereinafter defined), the Definitive Bonds and the Initial Bond(s) shall bear an appropriate legend as provided by the insurer. 95584631.3 [The remainder of this page intentionally left blank.] -17- SECTION 9. Definitions. For all purposes of this Ordinance (as defined below), except as otherwise expressly provided or unless the context otherwise requires: (i) the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections 21 and 38 of this Ordinance have the meanings assigned to them in such Sections, and all such terms include the plural as well as the singular; (ii) all references in this Ordinance to designated "Sections" and other subdivisions are to the designated Sections and other subdivisions of this Ordinance as originally adopted; and (iii) 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. A. The term Authorized Officials shall mean the Mayor, the Mayor Pro Tem, the City Manager, the Assistant City Manager for Government and Operations Support, the Director of Financial Services, the City Secretary, and /or the City Attorney. B. The term Bond Fund shall mean the special Fund created and established by the provisions of Section 10 of this Ordinance. C. The term Bonds shall mean the $ "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT REFUNDING BONDS, SERIES 2012B (AIRPORT REFUNDING — NON - AMT)" authorized by this Ordinance. D. The term City shall mean City of Corpus Christi, located in the Counties of Nueces, Aransas, Kleberg, and San Patricio, Texas and, where appropriate, the City Council of the City. E. The term Closing Date shall mean the date of physical delivery of the Initial Bonds in exchange for the payment in full by the Purchasers. F. The term Debt Service Requirements shall mean, as of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the City as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of obligations without a fixed numerical rate, that such obligations bear interest at the maximum rate permitted by the terms thereof and further assuming in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity, the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto. G. The term Depository shall mean an official depository bank of the City. H. The term Government Securities, as used herein, shall mean (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; (iii) noncallable obligations of a state or an agency or a county, municipality, or other political 95584631.3 -18- subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, or (iv) any additional securities and obligations hereafter authorized by the laws of the State of Texas as eligible for use to accomplish the discharge of obligations such as the Bonds. I. The term Holder or Holders shall mean the registered owner, whose name appears in the Security Register, for any Bond. J. The term Interest Payment Date shall mean the date semiannual interest is payable on the Bonds, being March 1 and September 1 of each year, commencing September 1, 2012, while any of the Bonds remain Outstanding. K. The term Ordinance shall mean this ordinance adopted by the City Council of the City on June 26, 2012. L. The term Outstanding when used in this Ordinance with respect to Bonds shall mean, as of the date of determination, all Bonds issued and delivered under this Ordinance, except: (1) those Bonds canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Bonds for which payment has been duly provided by the City in accordance with the provisions of Section 23 of this Ordinance; and (3) those Bonds that have been mutilated, destroyed, lost, or stolen and replacement Bonds have been registered and delivered in lieu thereof as provided in Section 17 of this Ordinance. M. The term Purchasers shall mean the initial purchasers of the Bonds named in Section 18 of this Ordinance. N. The term Stated Maturity shall mean the annual principal payments of the Bonds payable on March 1 of each year, as set forth in Section 2 of this Ordinance. SECTION 10. Bond Fund; Investments. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption, and retirement of the Bonds, there shall be and is hereby created a special Fund to be designated "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT REFUNDING BONDS, SERIES 2012B (AIRPORT REFUNDING — NON - AMT)" (the Bond Fund), which Fund shall be kept and maintained at the Depository, and money deposited in such Fund shall be used for no other purpose and shall be maintained as provided in Section 21. Authorized Officials of the City are hereby authorized and directed to make withdrawals from the Bond Fund sufficient to pay the principal of, premium, if any, and interest on the Bonds as the same become due and payable and shall cause to be transferred to the Paying Agent/Registrar from money on deposit in the Bond Fund an amount sufficient to pay the amount of principal and /or interest stated to mature on the Bonds, such 95584631.3 -19- transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the business day next preceding each interest and principal payment date for the Bonds. Pending the transfer of funds to the Paying Agent/Registrar, money in any Fund established by this Ordinance, at the option of the City, may be placed in time deposits, certificates of deposit, guaranteed investment contracts, or similar contractual agreements as permitted by the provisions of the Public Funds Investment Act, as amended, Chapter 2256, Texas Government Code, secured (to the extent not insured by the Federal Deposit Insurance Corporation) by obligations of the type hereinafter described, or be invested, as authorized by any law, including investments held in book -entry form, in securities including, but not limited to, direct obligations of the United States of America, obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States of America, including, but not limited to, evidences of indebtedness issued, insured or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Association, Small Business Administration, or Federal Housing Association; provided that all such deposits and investments shall be made in such a manner that the money required to be expended from such Fund will be available at the proper time or times. All interest and income derived from deposits and investments in such Fund shall be credited to, and any losses debited to, such Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Bonds. SECTION 11. Tax Levy. To provide for the payment of the Debt Service Requirements on the Bonds being (i) the interest on the Bonds and (ii) a sinking fund for their redemption at Stated Maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while the Bonds or any interest thereon shall remain Outstanding, a sufficient tax, within the limitations prescribed by law, on each one hundred dollars' valuation of taxable property in the City, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Bond Fund and are thereafter pledged to the payment of the Bonds. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay such Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness and other obligations of the City. SECTION 12. Deposits to Bond Fund; Surplus Bond Proceeds. The City hereby covenants and agrees to cause to be deposited in the Bond Fund prior to a principal and interest payment date for the Bonds, from the annual levy of an ad valorem tax or from other lawfully available funds, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Bonds as the same accrues or matures or comes due by reason of Stated Maturity. 95584631.3 -20- Accrued interest received from the Purchasers of the Bonds after the Closing Date, shall be deposited to the Bond Fund. In addition, any surplus proceeds from the sale of the Bonds, including investment income thereon, not expended for authorized purposes shall be deposited in the Bond Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said Fund from ad valorem taxes. SECTION 13. Security of Funds. All money on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws of the State of Texas for the security of public funds, and money on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 14. Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in the payments to be made to the Bond Fund or (b) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Ordinance, the Holders of any of the Bonds shall be entitled to seek a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the City and other officers of the City to observe and perform any covenant, condition, or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. SECTION 15. Notices to Holders; Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first -class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Holders. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 16. Cancellation. All Bonds surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The City 95584631.3 -2 1 - may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly canceled by the Paying Agent/Registrar. All canceled Bonds held by the Paying Agent/Registrar shall be destroyed as directed by the City. SECTION 17. Mutilated, Destroyed, Lost, and Stolen Bonds. If (1) any mutilated Bond is surrendered to the Paying Agent/Registrar, or the City and the Paying Agent/Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Bond, and (2) there is delivered to the City and the Paying Agent/Registrar such security or indemnity as may be required to save each of them harmless, then, in the absence of notice to the City or the Paying Agent/Registrar that such Bond has been acquired by a bona fide purchaser, the City shall execute and, upon its request, the Paying Agent/Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same Stated Maturity and interest rate and of like tenor and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost, or stolen Bond has become or is about to become due and payable, the City in its discretion may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond or payment in lieu thereof, under this Section, the City may require payment by the Holder of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses and charges (including attorney's fees and the fees and expenses of the Paying Agent/Registrar) connected therewith. Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Bond shall constitute a replacement of the prior obligation of the City, whether or not the mutilated, destroyed, lost, or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Bonds. SECTION 18. Sale of Bonds — Authorization of Purchase Contract — Official Statement Approval. The Bonds authorized by this Ordinance are hereby sold to , Texas, as the authorized representative of a group of underwriters (the Purchasers, and having all the rights, benefits, and obligations of a Holder) in accordance with the provisions of a Purchase Contract dated , 2012 (the Purchase Contract) attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The Initial Bond shall be registered in the name of . The pricing and terms of the sale of the Bonds are hereby found and determined to be the most advantageous reasonably obtainable by the City. Each Authorized Official is hereby authorized and directed to execute the Purchase Contract for and on behalf of the City and as the act and deed of the City Council, and in regard to the approval and execution 95584631.3 -22- of the Purchase Contract, the City Council hereby finds, determines and declares that the representations, warranties, and agreements of the City contained in the Purchase Contract are true and correct in all material respects and shall be honored and performed by the City. Delivery of the Bonds to the Purchasers shall occur as soon as practicable after the adoption of this Ordinance, upon payment therefor in accordance with the terms of the Purchase Contract. Furthermore, the City hereby ratifies, confirms, and approves in all respects (i) the City's prior determination that the Preliminary Official Statement was, as of its date, "deemed final" in accordance with the Rule (hereinafter defined) and (ii) the use and distribution of the Preliminary Official Statement by the Purchasers in connection with the public offering and sale of the Bonds. The final Official Statement, being a modification and amendment of the Preliminary Official Statement to reflect the terms of sale, attached as Exhibit A to the Purchase Contract (together with such changes approved by the Mayor and City Secretary, or any one or more of said officials), shall be and is hereby in all respects approved and the Purchasers are hereby authorized to use and distribute the final Official Statement, dated March 27, 2012, in the reoffering, sale and delivery of the Bonds to the public. The Mayor and City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of the Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content manually executed by said officials shall be deemed to be approved by the City and constitute the Official Statement authorized for distribution and use by the Purchasers. SECTION 19. Escrow Deposit Letter Approval and Execution; Proceeds of Sale; Contribution by City. The Escrow Deposit Letter dated as of June 26, 2012 to be effective upon the initial delivery of the Bonds to the Purchasers (the Agreement) between the City and The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (the Escrow Agent), attached hereto as Exhibit C and incorporated herein by reference as a part of this Ordinance for all purposes, is hereby approved as to form and content, and such Agreement in substantially the form and substance attached hereto, together with such changes or revisions as may be necessary to accomplish the refunding or benefit the City, is hereby authorized to be executed by the Mayor and City Secretary and on behalf of the City and as the act and deed of this City Council; and such Agreement as executed by said officials shall be deemed approved by the City Council and constitute the Agreement herein approved. Furthermore, any Authorized Official and Bond Counsel, in cooperation with the Escrow Agent, are hereby authorized and directed to make the necessary arrangements for the purchase of the Federal Securities referenced in the Agreement and the initial delivery thereof to the Escrow Agent on the day of delivery of the Bonds to the Purchasers for deposit to the credit of the "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT REFUNDING BONDS, SERIES 2012B (AIRPORT REFUNDING — NON -AMT) ESCROW FUND" (the Escrow Fund), including the execution of the subscription forms for the purchase and issuance of the "United States Treasury Securities - State and Local Government Series ", if any, for deposit to the Escrow Fund; all as contemplated and provided by the provisions of the Act, this Ordinance, and the Agreement. Immediately following the delivery of the Bonds, the proceeds of sale along with a cash contribution, if any, from the City (less certain costs of issuance, and accrued interest received 95584631.3 -23 - from the Purchasers of the Bonds) shall be deposited with the Escrow Agent for application and disbursement in accordance with the provisions of the Agreement. The proceeds of sale of the Bonds not so deposited with the Escrow Agent for the refunding of the Refunded Obligations shall be disbursed for payment of costs of issuance and deposited with the place of payment (of the Refunded Obligations) in an account in the name of the City and applied for the purposes of providing for the payment of the costs and expenses incurred in connection therewith or deposited in the Bond Fund for the Bonds, all in accordance with written instructions from the City Manager. SECTION 20. Redemption of Refunded Obligations. The Refunded Obligations referenced in the preamble hereof become subject to redemption prior to their stated maturities at the price of par, premium, if any, and accrued interest to the date of redemption. The Mayor shall give written notice to the paying agent/registrar for the Refunded Obligations and the Escrow Agent that all of the Refunded Obligations have been called for redemption, and the City Council orders that such obligations are called for redemption on the date set forth on Schedule I attached to this Ordinance, and such order to redeem the Refunded Obligations on such date shall be irrevocable upon the delivery of the Bonds. A copy of the notice of redemption pertaining to the Refunded Obligations is attached to this Ordinance as Exhibit D and is incorporated herein by reference for all purposes. The paying agent for the Refunded Obligations is authorized and instructed to provide notice of this redemption to the holders of the Refunded Obligations in the form and manner described in the ordinance authorizing the issuance of the Refunded Obligations. SECTION 21. Covenants to Maintain Tax - Exempt Status. A. Definitions. When used in this Section, the following terms have the following meanings: Code means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. Computation Date has the meaning set forth in Section 1.148 -1(b) of the Regulations. Gross Proceeds means any proceeds as defined in Section 1.148 -1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148 -1(c) of the Regulations, of the Bonds. Investment has the meaning set forth in Section 1.148 -1(b) of the Regulations. Nonpurpose Investment means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds. Rebate Amount has the meaning set forth in Section 1.148 -1(b) of the Regulations. 95584631.3 -24- Regulations means any proposed, temporary, or final Income Tax Regulations issued pursuant to sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. Yield of (1) any Investment has the meaning set forth in Section 1.148 -5 of the Regulations; and (2) the Bonds has the meaning set forth in Section 1.148 -4 of the Regulations. B. Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants in this Section. C. No Private Use or Private Payments. Except to the extent that it will not cause the Bonds to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Bonds: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Bonds (including property financed with Gross Proceeds of the Refunded Obligations), and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds (including property financed with Gross Proceeds of the Refunded Obligations), other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. 95584631.3 -25 - D. No Private Loan. Except to the extent that it will not cause the Bonds to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take -or- pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. E. Not to Invest at Higher Yield. Except to the extent that it will not cause the Bonds to become "arbitrage bonds" within the meaning of section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment, if as a result of such investment the Yield of any Investment acquired with Gross Proceeds, whether then held or previously disposed of, materially exceeds the Yield of the Bonds. F. Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. G. Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038 -G or such other form and in such place as the Secretary may prescribe. H. Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Bond is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Bonds with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date. 95584631.3 -26- (3) As additional consideration for the purchase of the Bonds by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Bond Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Bonds equals (i) in the case of a Final Computation Date as defined in Section 1.148 - 3(e)(2) of the Regulations, one hundred percent (100 %) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90 %) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038 -T or such other forms and information as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148 -3(h) of the Regulations. I. Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Bonds, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Bonds not been relevant to either party. J. Bonds Not Hedge Bonds. (1) At the time the original bonds refunded by the Bonds were issued, the City reasonably expected to spend at least 85% of the spendable proceeds of such bonds within three years after such bonds were issued. (2) Not more than 50% of the proceeds of the original bonds refunded by the Bonds were invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. K. Current Refunding of the Refunded Obligations. The Bonds are issued, in part, to refund the Refunded Obligations, and the Bonds will be issued, and the proceeds thereof used, within 90 days after the Closing Date for the redemption of a portion of the Refunded Obligations. In the issuance of the Bonds, the City has employed no "device" to obtain a material financial advantage (based on arbitrage), within the meaning of section 149(d)(4) of the Code, apart from savings attributable to lower interest rates. The City has complied with the 95584631.3 -27- covenants, representations, and warranties contained in the documents executed in connection with the issuance of the Refunded Obligations. L. Elections. The City hereby directs and authorizes any Authorized Official or any combination thereof, to make such elections in the Certificate as to Tax Exemption or similar or other appropriate certificate, form, or document permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Bonds. Such elections shall be deemed to be made on the Closing Date. SECTION 22. Control and Custody of Bonds. The Mayor shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas and shall take and have charge and control of the Bonds pending their approval by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery of the Bonds to the Purchasers. Furthermore, any Authorized Official, or any combination thereof, is hereby authorized and directed to furnish and execute such documents relating to the City and its financial affairs as may be necessary for the issuance of the Bonds, the approval of the Attorney General and their registration by the Comptroller of Public Accounts and, together with the City's financial advisors, Bond Counsel, and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Bonds to the Purchasers and the initial exchange thereof for definitive Bonds. SECTION 23. Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Bonds, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Bonds, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Bonds or the principal amount(s) thereof at Stated Maturity or to the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, and /or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities, in the case of a net defeasance, have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any money deposited therewith, if any, to pay when due the principal of and interest on such Bonds, or the principal amount(s) thereof, on or prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof. In the event of a gross defeasance of the Bonds, the City shall deliver a certificate from its financial advisor, the Paying Agent/Registrar, or another qualified third party concerning the deposit of cash and /or Government Securities to pay, when due, the principal of, redemption premium (if any), and interest due on any defeased Bonds. The City covenants that no deposit of money or Government Securities will be made under this Section 95584631.3 -28- and no use made of any such deposit which would cause the Bonds to be treated as arbitrage bonds within the meaning of section 148 of the Code (as defined in Section 21 hereof). Any money so deposited with the Paying Agent/Registrar, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Bonds, or any principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Bonds and remaining unclaimed for a period of three (3) years after the Stated Maturity of the Bonds or applicable redemption date, such money was deposited and is held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor, subject to the unclaimed property laws of the State of Texas. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem defeased Bonds that is made in conjunction with the payment arrangements specified in subsection (i) or (ii) above shall not be irrevocable, provided that: (1) in the proceedings providing for such defeasance, the City expressly reserves the right to call the defeased Bonds for redemption; (2) gives notice of the reservation of that right to the owners of the defeased Bonds immediately following the defeasance; (3) directs that notice of the reservation be included in any redemption notices that it authorizes; and (4) at the time of the redemption, satisfies the conditions of (i) or (ii) above with respect to such defeased debt as though it was being defeased at the time of the exercise of the option to redeem the defeased Bonds, after taking the redemption into account in determining the sufficiency of the provisions made for the payment of the defeased Bonds. SECTION 24. Printed Opinion. The Purchasers' obligation to accept delivery of the Bonds is subject to its being furnished a final opinion of Fulbright & Jaworski L.L.P., as Bond Counsel, approving certain legal matters as to the Bonds, said opinion to be dated and delivered as of the date of initial delivery and payment for such Bonds. Printing of a true and correct copy of said opinion on the reverse side of each of the Bonds, with appropriate certificate pertaining thereto executed by facsimile signature of the City Secretary of the City is hereby approved and authorized. SECTION 25. CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Bonds shall be of no significance or effect as regards the legality thereof, and neither the City nor attorneys approving said Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Bonds. SECTION 26. Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 27. Ordinance a Contract; Amendments - Outstanding Bonds. The City acknowledges that the covenants and obligations of the City herein contained are a material inducement to the purchase of the Bonds. This Ordinance shall constitute a contract with the Holders from time to time, shall be binding on the City and its successors and assigns, and shall 95584631.3 -29- not be amended or repealed by the City so long as any Bond remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the written consent of Holders holding a majority in aggregate principal amount of the Bonds then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided; however, that, without the consent of all Holders of Outstanding Bonds, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, and interest on the Bonds, reduce the principal amount thereof, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, the redemption price therefor, or interest on the Bonds, (2) give any preference to any Bond over any other Bond, or (3) reduce the aggregate principal amount of Bonds required for consent to any such amendment, addition, or rescission. SECTION 28. Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, Bond Counsel, Paying Agent/Registrar, and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, Bond Counsel, the Paying Agent/Registrar, and the Holders. SECTION 29. Inconsistent Provisions. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 30. Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 31. Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 32. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 33. Incorporation of Preamble Recitals. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 34. Authorization of Paying Agent/Registrar Agreement. The City Council of the City hereby finds and determines that it is in the best interest of the City to authorize the 95584631.3 -30- execution of a Paying Agent/Registrar Agreement concerning the payment, exchange, and transferability of the Bonds. A copy of the Paying Agent/Registrar Agreement is attached hereto, in substantially final form, as Exhibit A and is incorporated by reference to the provisions of this Ordinance. SECTION 35. Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 36. Unavailability of Authorized Publication. If, because of the temporary or permanent suspension of any newspaper, journal, or other publication, or, for any reason, publication of notice cannot be made meeting any requirements herein established, any notice required to be published by the provisions of this Ordinance shall be given in such other manner and at such time or times as in the judgment of the City or of the Paying Agent/Registrar shall most effectively approximate such required publication and the giving of such notice in such manner shall for all purposes of this Ordinance be deemed to be in compliance with the requirements for publication thereof. SECTION 37. No Recourse Against City Officials. No recourse shall be had for the payment of principal of, premium, if any, or interest on any Bond or for any claim based thereon or on this Ordinance against any official of the City or any person executing any Bond. SECTION 38. Continuing Disclosure Undertaking. A. Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: EMMA means the MSRB's Electronic Municipal Market Access system, accessible by the general public, without charge, on the internet through the uniform resource locator (URL) http: / /www.emma.msrb.org. MSRB means the Municipal Securities Rulemaking Board. Rule means SEC Rule 15c2 -12, as amended from time to time. SEC means the United States Securities and Exchange Commission. B. Annual Reports. The City shall file annually with the MSRB, (1) within six months after the end of each fiscal year of the City ending in or after 2012, financial information and operating data with respect to the City of the general type included in the final Official Statement authorized by Section 18 of this Ordinance, being the information described in Exhibit E hereto, and (2) if not provided as part such financial information and operating data, audited financial statements of the City, when and if available. Any financial statements so to be provided shall be prepared in 95584631.3 -31- accordance with the accounting principles described in Exhibit E 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 (ii) 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 file unaudited financial statements within such period and audited for the applicable fiscal year to the MSRB, when and if the audit report on such statements becomes available. If the City changes its fiscal year, it will file notice of such change (and of the date of the new fiscal year end) with the MSRB prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. C. Notice of Certain Events. The City shall file notice of any of the following events with respect to the Bonds to the MSRB in a timely manner and not more than 10 business days after occurrence of the event: (1) Principal and interest payment delinquencies; (2) Non - payment related defaults, if material; (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, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701 - TEB), or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (7) Modifications to rights of holders of the Bonds, if material; (8) Bond calls, if material, and tender offers; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the Bonds, if material; (11) Rating changes; (12) Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; (13) The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the 95584631.3 -32- termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) Appointment of a successor or additional paying agent/registrar or the change of name of a paying agent/registrar, if material. For these purposes, any event described in the immediately preceding paragraph (12) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. The City shall file notice with the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with this Section by the time required by this Section. D. Limitations, Disclaimers, and Amendments. 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 Bonds within the meaning of the Rule, except that the City in any event will give notice of any deposit that causes the Bonds to be no longer Outstanding. The provisions of this Section are for the sole benefit of the holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The 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 Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITH OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. 95584631.3 -33- No default by the City in observing or performing their obligations under this Section shall constitute a breach of or default under this 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. 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 Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the holders and beneficial owners of the Bonds. The City may also repeal or amend the provisions of this Section if the SEC amends or repeals the applicable provisions of the Rule or any court of final jurisdiction enters judgment that such provisions of the Rule are invalid, and the City also may amend the provisions of this Section in its discretion in any other manner or circumstance, but in either case only if and to the extent that the provisions of this sentence would not have prevented an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds, giving effect to (a) such provisions as so amended and (b) any amendments or interpretations of the Rule. If the City so amends the provisions of this Section, the City shall include with any amended financial information or operating data next provided in accordance with this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. E. Information Format — Incorporation by Reference. The City information required under this Section shall be filed with the MSRB through EMMA in such format and accompanied by such identifying information as may be specified from time to time thereby. Under the current rules of the MSRB, continuing disclosure documents submitted to EMMA must be in word - searchable portable document format (PDF) files that permit the document to be saved, viewed, printed, and retransmitted by electronic means and the series of obligations to which such continuing disclosure documents relate must be identified by CUSIP number or numbers. 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) available to the public through EMMA or filed with the SEC. SECTION 39. Book -Entry Only System. 95584631.3 -34- It is intended that the Bonds will initially be registered so as to participate in a securities depository system (the DTC System) with the Depository Trust Company, New York, New York, or any successor entity thereto (DTC), as set forth herein. Each Stated Maturity of the Bonds shall be issued (following cancellation of the Initial Bonds described in Section 7) in the form of a separate single definitive Bond. Upon issuance, the ownership of each such Bond shall be registered in the name of Cede & Co., as the nominee of DTC, and all of the Outstanding Bonds shall be registered in the name of Cede & Co., as the nominee of DTC. The City and the Paying Agent/Registrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including the Letter of Representations attached hereto as Exhibit F (the Representation Letter). With respect to the Bonds registered in the name of Cede & Co., as nominee of DTC, the City and the Paying Agent/Registrar shall have no responsibility or obligation to any broker - dealer, bank, or other financial institution for which DTC holds the Bonds from time to time as securities depository (a Depository Participant) or to any person on behalf of whom such a Depository Participant holds an interest in the Bonds (an Indirect Participant). Without limiting the immediately preceding sentence, the City and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Depository Participant or any other person, other than a registered owner of the Bonds, as shown on the Security Register, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a Holder of a Bond, of any amount with respect to principal of, premium, if any, or interest on the Bonds. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive a Bond evidencing the obligation of the City to make payments of principal, premium, if any, and interest pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks or drafts being mailed to the Holder, the word "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. In the event that (a) the City determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b) the Representation Letter shall be terminated for any reason, or (c) DTC or the City determines that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the City shall notify the Paying Agent/Registrar, DTC, and the Depository Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Bonds shall no longer be restricted to being registered in the name of Cede & Co., as nominee of DTC. At that time, the City may determine that the Bonds shall be registered in the name of and deposited with a successor depository operating a securities depository system, as may be acceptable to the City, or such depository's agent or designee, and if the City and the Paying Agent/Registrar do not select such alternate securities depository system then the Bonds may be registered in whatever name or names the Holders of Bonds transferring or exchanging the Bonds shall designate, in accordance with the provisions hereof. 95584631.3 -35- Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Representation Letter. SECTION 40. Further Procedures. The officers and employees of the City are hereby authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the City all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the initial sale and delivery of the Bonds, the Paying Agent/Registrar Agreement, the Purchase Contract, the Agreement, and the Official Statement. In addition, prior to the initial delivery of the Bonds, any Authorized Official and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Ordinance or to any of the instruments authorized and approved by this Ordinance necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance and as described in the Official Statement, (ii) obtain a rating from any of the national bond rating agencies, or (iii) obtain the approval of the Bonds by the Texas Attorney General's office. In case any officer of the City whose signature shall appear 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 such officer had remained in office until such delivery. SECTION 41. Effective Date. Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption, notwithstanding any provision in the City's Home Rule Charter to the contrary concerning a multiple reading requirement for the adoption of ordinances. 95584631.3 [The remainder of this page intentionally left blank.] -36- PASSED, APPROVED AND ADOPTED on the 26th day of June, 2012. CITY OF CORPUS CHRISTI Mayor ATTEST: City Secretary (SEAL) APPROVED THIS DAY OF JUNE, 2012: Carlos Valdez, City Attorney Schedule I - Refunded Obligations Schedule II - Approval Certificate Exhibit A - Paying Agent/Registrar Agreement Exhibit B - Purchase Contract Exhibit C - Escrow Deposit Letter Exhibit D - Notice of Redemption Exhibit E - Description of Annual Financial Information Exhibit F - DTC Letter of Representations 95584631.3 S -1 THE STATE OF TEXAS COUNTIES OF NUECES 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 26th day of June, 2012, authorizing the issuance of the City's General Improvement Refunding Bonds, Series 2012B (Airport Refunding — NON -AMT), 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 day of June, 2012. (CITY SEAL) 95584631.3 S -2 City Secretary Schedule I Refunded Obligations City of Corpus Christi, Texas General Airport Revenue Bonds, Series 2000B (Non - AMT), dated August 15, 2000, in the original principal amount of $9,640,000 and stated to mature on February 15, 2030 in the aggregate principal amount of $9,640,000. The redemption date is August 15, 2012. 95584631.3 Schedule 1 -1 SCHEDULE II Approval Certificate See Tab No. 95584631.3 Schedule II -1 95584631.3 EXHIBIT A Paying Agent/Registrar Agreement See Tab No. A -1 95584631.3 EXHIBIT B Purchase Contract See Tab No. B -1 95584631.3 EXHIBIT C Escrow Deposit Letter See Tab No. C -1 95584631.3 EXHIBIT D Notice of Redemption See Tab No. D -1 EXHIBIT E Description of Annual Financial Information The following information is referred to in Section 38 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: Financial information and operating data with respect to the City of the general type included in Tables through . The City's audited financial statements for the most recently concluded fiscal year or to the extent these audited financial statements are not available, the portions of the unaudited financial statements of the City appended to the Official Statement as Appendix , but for the most recently concluded fiscal year. Accounting Principles The accounting principles referred to in such Section are generally accepted accounting principles for governmental units as prescribed by the Government Accounting Standards Board from time to time. 95584631.3 E -1 95584631.3 EXHIBIT F DTC Letter of Representations See Tab No. F -1 AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: June 12, 2012 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Planning PeteAn@cctexas.com 826 -3781 UPDATE TO CITY COUNCIL Proposed Schedule for Bond 2012 STAFF PRESENTER(S): Name 1. Oscar Martinez 2. 3. BACKGROUND : Title /Position Department ACM, Public Works and Utilities This presentation will focus on the proposed schedule for Bond 2012. LIST OF SUPPORTING DOCUMENTS: Power Point Presentation - Proposed Bond 2012 City of Corpus Christi Bond 2012 Program Voter Referendum November 6, 2012 June 21, 2012 July 2, 2012 July 11, 2012 July 17, 2012 July 18, 2012 August 14, 2012 November 6, 2012 Time Line Bond 2012 Project List to City Manager Deliver Bond 2012 Project List to City Council & Planning Commission Planning Commission Workshop to discuss Bond 2012 City Council to Review Bond 2012 Planning Commission Public Hearing & Recommendation on Bond 2012 City Council to set Project List for Ballot Language Voter Referendum on Bond 2012 Preliminary Proposition Considerations $ 55 million - No Net Increase in Tax Rates Streets - $ 30 Million Public Facilities - $ 25 Million $ 15 Million - Parks $ 10 Million - Other Public Facilities Other Possible Projects: • Emergency Operations Center (EOC) • Destination Bayfront • Other Public Facilities AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: June 13, 2012 FROM: Ron Olson, City Manager Ron0@cctexas.com (361) 826 -3220 UPDATE TO CITY COUNCIL Proposed FY 2012 -2013 Operating Budget — Internal Service Funds and Special Revenue Funds Summary STAFF PRESENTER(S): Name 1. Margie C. Rose 2. BACKGROUND Title /Position Department ACM, General Government Operations This presentation will focus on the Internal Services Funds and Special Revenue Funds portions of the proposed FY 2012 -2013 Operating Budget. LIST OF SUPPORTING DOCUMENTS: PowerPoint Internal Service Funds were established to finance cir Comprehensive facilities management plan (X3 1' 4.) • 1' ct E ct 77) 4.) biC 4.) 0N 0 N C7 N 1 N 0�0 a 0 Municipal Info Systems Maintenance Services Engineering Services Total Enterprise o REVENUF Charges to Other Funds Maintenance Services Operations Health Contribution - General Health Contribution — Fire Transfers for Capital Health Contribution — Police Engineering Services Stores Sales Transfers from Other Funds Dental Contributions 26,800,332 17,079,722 16,557,201 5,999,768 5,271,068 5,751,808 4,805,209 3,733,061 7,666,531 1,217,498 25,424,870 17,104,730 13,937,545 5,675,231 4,462,669 5,284,163 5,437,147 3,611,246 0 1,356,721 25,175,111 17,338,511 15,798,484 7,135,333 5,201,370 5,148,123 4,202,496 3,449,570 2,320,392 1,595,248 REVENUF Stop Loss Reimbursements Miscellaneous Grants Health Contributions Total 1,673,594 643,729 426,651 97,626,172 Es .ted 20 2 1,984,463 1,331,642 364,779 85,975,206 Internal Service 1,481,358 668,151 417,802 89,931,949 • Internal Service - $89,931,949 • Enterprise - $723,000,000 F,XPRNDITU Maintenance Services Fund Municipal Information System Fund Liability & Employee Benefits Health - Citicare Liability & Employee Benefits Health — Fire Liability / Employee Benefits — General Liability Liability & Employee Benefits Health — Police Engineering Services Fund 19,909,060 15,277,147 22,586,477 6,410,941 5,448,419 5,098,395 4,928,351 22,739,246 14,503,810 11,439,714 5,185,173 6,101,050 5,915,468 5,242,516 19,4971056 17,204,887 16,072,440 7,356,798 7/276,460 5,444,010 4,947,531 F,XPRNDITU Liability / Employee Benefits — Worker's Compensation Stores Fund Facilities Maintenance Services Fund Liability / Employee Benefits - Other Employee Benefits Liability / Employee Benefits — Admin Total 2,960,655 4,401,777 0 1,157, 753 1,177,571 89,356,546 3,i64,581 4,182,624 0 1,598,712 1,395,138 81,468,032 4,600,624 4,294,097 3,699,945 2,145,000 4496,640 94,035,488 TOTAL F,XPRNDITURRS Personnel Materials/Supplies Capital Outlay Other Total $ % $ % % $14,998,694 16.8% $15,345,832 18.8% $16,067,031 17.1% S23,827,796 $3,208,497 $47,321,559 $89,356,546 26.7% 3.6% 52.9% l00% 24,507,401 30.1% $4,570,293 $37,044,506 21,432,176 22.8% 5.6% $6,354,706 6.8% 45.5% $81,468,032 l00% 50,181,575 53.3% $94,035,488 l00% SUM Y OF FUND B CFS Liability & Employee Benefits Health — Citicare Liability & Employee Benefits Health — Police Liability/Employee Benefits — Worker's Compensation Liability/Employee Benefits — General Liability Stores Fund Liability/Employee Benefits - Other Employee Benefits 11,701,351 Unreserved 8,739,582 7,664,026 Unreserved 6,842,035 8,205,706 10,882,795 510,265 318,003 Es ated, Beginning Fund c 12 15,196,434 7,975,033 8,171,623 10,892,111 698,702 318,099 Projected', Ending Fund Balance 940,954 16,137,388 13,095 - 1,399,750 - 1,506,599 -46,102 34,044 7,988,128 6,771,873 9,385,512 652,600 352,142 Tot Ta e, Restricted 10,744,519 4,643,806 5,392,869 3,344,322 3,513,936 3,257,937 7,300,406 2,085,106 128,823 523,777 64,350 287,792 SUM Y OF FUND B CFS Maintenance Services Fund Municipal Information System Fund Liability/Employee Benefits - Admin Engineering Services Fund Facilities Maintenance Services Fund Liability & Employee Benefits Health — Fire Total 8,874,779 2,154,839 204,728 702,437 0 938,783 Unreserved -315,262 atcd rung Projected Ending 8,564,248 259,207 8,823,455 2,114,814 -1,647,638 195,750 904,216 0 1,633,857 52,157,712 56,664,887 -110,436 -744,064 90,644 467,176 85,314 160,152 90,644 13,106 1,646,963 -4,103,540 To Ta get + „ Restricted 8,733,985 426,147 44,899 148,426 87,796 89,470 41,029 40,415 11,726 2,848 5,907,645 -4,260,682 52,561,347 41,744,738 10,816,609 PROJECTED CH GE IN FUND BA CE Projected Changes Total Projected Ending Balance 7/31/13 Restricted Unrestricted $44,412,275 Total Projected Ending Balance 7/31/13 Target at 3% / Risk Fund / GASB45 Liability 8,149,072 52,561,347 $ 52,561,347 $ 33,595,666 DRCISION PAC GFS FOR 2013 APPROVED Municipal Information Syst. Municipal Information Syst. Municipal Information Syst. Municipal Information Syst. Benefits — Group Health & Other Employee Benefits Stores - Purchasing PeopleSoft ERP Eliminate 1 FTE for Telephone Support Reduce Miscellaneous Support Delay Intergraph Upgrade Add 1 Senior Management Assistant Fund Buyer Position #227 $3,000,000 $94,282 $93,343 592,000 $50,000 $50,000 DRCISION PAC GFS FOR 2013 APPROVED Stores — Warehouse Stores — Warehouse Stores - Messenger Service TOTAL Fund Foundation Repairs Fund Stock Clerk Position #3100 Fund Mail Clerk Position #5198 $32,701 25,371 $23,948 $3,461,645 SPECI%1' VENUFA FUNDS MIS_ ION Special. Revenue. Funds are used to account for resources allocated to specific purposes. A special revenue fund continues in existence as long as governmental resources are allocated to its specific purpose. EMPIO RS Street Services CC. Crime Control District Development Services Visitor's Facility Fund Muni Ct — Case Mgr Fund Redlight Photo Enforcement Local Emer. Planning Comm. Total 0 65.6 6o 10 0 64.6 6o 10 96 64.6 55 11 0 0 3 2 2 2 1 1 1 138.6 137.6 232.6 Total Enterprise • Fund - 232.6 • City - 3134 REVENUF Sales Taxes Transfers from Other Funds Hotel Revenues Development Services Interdepartmental RIVZ #2 Taxes Arena/Convention Center Redlight Photo Enforcement Miscellaneous Municipal Court Fees Total 21,829,885 1,819,076 10,721,997 4,872,265 3,766,496 2,959,832 4,174,124 1,365,084 381,003 0 51,889,762 24,945,269 2,225,269 11,698,243 4,067,098 3,883,176 3,206,136 4,379,215 1,622,475 218,307 294,449 56,539,637 Special Revenue Special Revenue - $71,994,937 Enterprise - $723,000,000 26,441,986 14,620,737 11,920,236 4,302,250 3,886,760 3,208,951 4,970,851 1,991,358 352,617 299,191 71,994,937 TOTAL F,XPRNDITURRS Hotel Occupancy Tax Streets Fund Visitor's Facility Development Services CC Crime Control Dist Arena Facility Bus/Job Development Seawall Improvement 9,369,437 0 7,872,664 6,047,684 5,081,598 4,239,070 4,908,401 3,345,599 Es ated FY X012 10,838,856 0 8,943,598 5,986,866 5,334,105 4,559,690 10,521,638 3,398,463 14,040,535 13,304,142 8,837,330 5,631,603 5,627,344 4,553,565 3,974,247 3,400,313 TOTAL F,XPRNDITURRS Reinvestment Zone Redlight Photo Enforce. Muni Ct — Technology Muni Ct — Case Mgr Muni Ct — Bldg Sec LEPC Total 5,097,940 1,391,995 0 3,864,386 1,669,622 114,745 0 140,440 0 128,950 118,998 94,740 47,473,386 55,596,099 2,214,490 1,889,634 228,545 132,059 98,150 97,400 64,029,357 TOTAL F,XPRNDITURRS Personnel Materials/Supplies 16,161,484 34.04% 22,478,756 40.43% 29,003,626 45.30% Capital Outlay 351,015 0.74% 212,092 0.38% 175,000 0.27% Other Total % % % 7,727,575 16.28% 8,270,726 14.88% 13,078,456 20.43% 23,233,312 48.94% 24,634,525 44.31% 21,772,275 34.00% 47,473,386 100% 55,596,099 100% 64,029,357 100% SUMY OF FUND B CFS Seawall Improvement Arena Facility Business/Job Development Reinvestment Zone No. 2 (Packery) Crime Control Reinvestment Zone No. 3 (Downtown) Development Services Municipal Ct — Juvenile Case Mgr Parking Improvement Red Light Photo Enforcement LEPC Municipal Ct — Bldg Security Municipal Ct — Technology Hotel Occupancy Tax Streets Fund Visitors Facility Total Esmated eginning Fund ance still 23,632,181 13,056,807 6,886,296 5,298,904 2,717,762 324,454 425,648 216,766 0 (18,018) 28,628 41,752 140,975 2,120, 298 0 (451,054) 54,421,399 6,711,522 6,696,964 6,698,399 3,102,446 6,435,008 118,871 5,481,609 111,835 145,532 1,991,778 93,123 80,619 106,736 11,920,236 13,304,142 8,996,117 71,994,937 u pendi 3,400,313 4,553,565 3,974,248 2,214,490 5,627,344 0 5,631,603 132,059 0 1,889,634 97,400 98,150 228,545 14,040,534 13,304,142 0 8,837,330 (292,267) 64,029,357 62,386,979 Projected En Fund .b tan 7/31/12 26,943,390 15,200,206 9,610,447 6,186,860 3,525,426 443,325 275,654 196,542 145,532 84,126 24,351 24,221 19,166 0 PROJECTED CH GE IN FUND BA CE Estimated Beginning Balance 8 • Projected Ending Balance 7/31/13