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Agenda Packet City Council - 07/31/2012
Corpus Christi Meeting Agenda - Final City Council 1201 Leopard St Corpus Christi, TX 78401 CCtexas.com Tuesday, July 31, 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 Chaplain Lynn Blackler, CHRISTUS Spohn Health System. 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 -00547 Proclamation declaring August 3 - 5, 2012 as "Go Local Corpus Christi Launch Weekend" F. MINUTES: 2 12 -00548 Approval of Meeting Minutes - July 24, 2012. Attachments: Minutes - July 24, 2012.pdf G. BOARDS & COMMITTEE APPOINTMENTS: 3 12 -00546 Clean City Advisory Committee Corpus Christi Business and Job Development Corporation Corpus Christi Page 1 Printed on 7/30/2012 City Council Meeting Agenda - Final July 31, 2012 Corpus Christi Convention and Visitor's Bureau Corpus Christi Downtown Management District Attachments: Board Packet.pdf 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 - 15) 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. 4 12 -00319 Purchase of the Source Water Contaminant Event Detection System on the Nueces River Motion authorizing the City Manager or his designee to execute documents to purchase the Source Water Contaminant Event Detection System for the Nueces River below Lake Corpus Christi from Hach Company in the amount of $243,429.59. Attachments: Agenda memo - Source Water Contaminant Det Svstem.docx Contract - Signed Addendum 070612. pdf Sole Source Letter.pdf 5 12 -00479 Lease - Purchase and Purchase of Heavy Trucks Motion approving the lease- purchase of eleven (11) heavy trucks and the purchase of four (4) heavy trucks for the total amount of $1,523,536.00, of which $388,110.00 is required for the remainder of FY 2011 -2012. The heavy trucks are awarded to the following companies for the following amounts in accordance with Bid Invitation No. BI- 0175 -12, based on lowest responsible bid. Funding for the purchase of the heavy trucks is available in the Capital Outlay Budget of the Fleet Maintenance Services Fund. Financing for the lease- purchase of the heavy trucks will be provided through the City's lease /purchase financing contractor. Corpus Christi Page 2 Printed on 7/30/2012 City Council Meeting Agenda - Final July 31, 2012 Attachments: Agenda Memo - Heavy Trucks- V3.docx Bid Tabulation - Heavy Trucks v2.xlsx 6 12 -00498 Supply agreement for unleaded gasoline and diesel purchased at commercial locations Motion approving a supply agreement with Stripes LLC, Corpus Christi, Texas for standard gasoline and ultra -low sulfur diesel fuel in accordance with Bid Invitation No. BI- 0194 -12 based on only bid for an estimated annual expenditure of $4,435,881.68. The term of the agreement will be for twelve months with options to extend for up to two additional twelve -month periods, subject to the approval of the supplier and the City Manager, or designee. Funds have been budgeted by Maintenance Services and the Fire Department in FY 2011 -2012 and requested for FY 2012 -2013. Attachments: Agenda Memo - Unleaded Gasoline and Diesel Purchase at Commercial Locati( Bid Tabulation - Unleaded Gasoline and Diesel Purchased at Commercial Locat 7 12 -00527 Agreements for disbursement of council members annual salary Motion authorizing the City Manager or his designee to execute an agreement with South Texas Council of Boy Scouts in the amount of $1,500,Tennis for Success in the amount of $500; and funds to be distributed to the following City projects: HEB Tennis Center in the amount of $2,000 and Parks, Arts, Leisure & Seniors (P.A.L.S.) - Lindale Park in the amount of $2,000, to receive the FY2011 -2012 council salary funds not receivable by Council Member John Marez in support of programs provided by their organizations in the City of Corpus Christi. Attachments: Agenda Memo - Council member salary Agreement - Tennis for Success.pdf Agreement - So. Texas Council of Boy Scouts.pdf 8 12 -00538 Resolution authorizing Staffing for Adequate Fire and Emergency Response grant application Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $3,380,824 to the United States Department of Homeland Security - Staffing for Adequate Fire and Emergency Response (SAFER) Grants Program to hire 34 firefighters within the Fire Department and authorizing the City Manager, or designee, to apply for, accept, reject, alter or terminate the grant. Attachments: Agenda Memo - SAFER GRANT Resolution - SAFER Grant 2012 Corpus Christi Page 3 Printed on 7/30/2012 City Council Meeting Agenda - Final July 31, 2012 9 12 -00508 Second Reading Ordinance - Appropriating and transferring Raw Water Supply Development Fund balance to consolidate revenues into one fund. (First Reading- 7/24/12) Ordinance appropriating July 31, 2012 balance in the Raw Water Supply Development Fund, currently estimated to be $4,751,216, in the Fund 4010 Water Fund; transferring to Fund 4041 Raw Water Supply Development Fund. Attachments: Agenda memo - Raw Water Supply Ordinance - Appropriating Raw Water Supply Development Fund balance 10 12 -00511 Second Reading Ordinances - Appropriating fund proceeds and correcting a prior appropriation (Related items 10 - 15) (First Reading 7/24/12) Appropriating $3,917.52 in Airport CIP interest earnings Ordinance appropriating $3,917.52 in AIRPORT CIP interest earnings in the funds as listed in Attachment 1, Section 1 for the City's match for future FAA Grant Projects; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $3,917.52. Attachments: Memo - Appropriations Attachment One - Appropriations Airport CIP Ordinance One - Airport CIP 11 12 -00512 Appropriating $164,518.87 in bond proceed interest earnings Ordinance appropriating $164,518.87 in BOND PROCEED interest earnings for Bayfront, Public Health and Safety, Fire, Police, Sanitary Landfill, Library, Convention Center, Parks, and Streets in the funds as listed in Attachment 1, Section 2 for the stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135to increase expenditures by $164,518.87. Attachments: Memo - Appropriations Bond Proceed Attachment One - Appropriations Bond Proceed Ordinance Two - Bond Proceed 12 12 -00513 Appropriating $68,927.94 in utility revenue bond interest earnings Ordinance appropriating $68,927.94 in UTILITY REVENUE BOND interest earnings as listed in Attachment 1, Section 3 for the support of the City's Corpus Christi Page 4 Printed on 7/30/2012 City Council Meeting Agenda - Final July 31, 2012 approved Capital Improvement Program; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $68,927.94. Attachments: Memo - Appropriations Utility Revenue Bond Attachment One - Appropriations Utility Revenue Bond Ordinance Three - Utility Revenue Bond 13 12 -00514 Appropriating $91,997.53 in specialty bond proceed interest earnings Ordinance appropriating $91,997.53 in SPECIALTY BOND PROCEED interest earnings, contributions for Buddy Lawrence house moving, downtown clean -up, and to aid construction, Texas Department of Transportation refund, Public Right of Way fees, reimbursement from the Regional Transportation Authority, Sales Tax Bonds for the Seawall and Arena, Packery Channel Bonds, and Generic Capital Improvement Funds as listed in Attachment 1, Section 4 for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type A Board; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $91,997.53. Attachments: Memo - Appropriations Specialty Bond Proceed Attachment One - Appropriations Specialty Bond Proceed Ordinance Four - Specialty Bond Proceed 14 12 -00516 Appropriating $166,826.76 in street assessments Ordinance appropriating $166,826.76 in STREET ASSESSMENTS as listed in Attachment 1, Section 5 for the repayment of approved assessment projects; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $166,826.76. Attachments: Memo - Appropriations Street Assessments Attachment One - Appropriations Street Assessments Ordinance Five - Street Assessments 15 12 -00517 Amending ordinances to revise amounts from FY2010 -11 Ordinance amending Ordinance No 029144 to reduce the amount appropriated of bond proceeds interest earnings and bond company settlement proceeds to $459,138.91; revising the amount of increase in FY 2010 -2011 Capital Improvement Budget expenditure to $459,138.91; Corpus Christi Page 5 Printed on 7/30/2012 City Council Meeting Agenda - Final July 31, 2012 amending Ordinance No. 029146 to reduce the amount appropriated of Specialty Bond Proceeds interest earnings to $32,929.58; revising the amount of increase in FY 2010 -2011 Capital Improvement Budget expenditures to $32,929.58. Attachments: Memo - Appropriations Attachment One - Appropriations Ordinance six w attach J. EXECUTIVE SESSION: (ITEM 16) 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. 16 12 -00551 Executive session pursuant to Texas Government Code Section 551.071 to consult with attorneys on a matter regarding Senate Bill 3 (Texas Legislature 2007) regarding water rights permitting 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, with possible discussion and action in open session. K. PUBLIC HEARINGS: (ITEM 17) 17 12 -00467 Public Hearing for the Proposed Bond Issue 2012 Attachments: Agenda Memo Public Hearing Revision 0731.docx Bond 2012 presentation Overview 072412 of rev 4.pptx L. REGULAR AGENDA: (ITEMS 18 - 25) The following items are motions, resolutions and ordinances that will be considered and voted on individually. Bond 2012 Consideration Items (ITEM 18) 18 12 -00529 Discussion and possible action regarding proposition and ballot language for bond issuance in the following amounts for projects as follows: Proposition 1 with $55,000,000 for street projects; Proposition 2 with $ 1,750,000 for City Hall improvements; Proposition 3 with $4,750,000 for Service Center Complex improvements; Proposition 4 with $16,000,000 for Parks and Recreation improvements; Proposition 5 with $2,340,000 for Museum and Library improvements; Proposition 6 with $820,000 for Public Health improvements; Proposition 7 with $700,000 for Public Safety Corpus Christi Page 6 Printed on 7/30/2012 City Council Meeting Agenda - Final July 31, 2012 improvements; Proposition 8 with $9,050,000 for Economic Development projects and Proposition 9 with $60,000,000 for Destination Bayfront; and Resolution directing staff to prepare election ordinance with approved proposition and ballot language. Attachments: Agenda memo - Bond 2012 MOTIONS AND RESOLUTION REGARDING BOND 2012 Resolution regarding propositions for Bond 2012 Election v 3 ExihibitA Bond 2012 Project List.pdf July 26 Proposition and Ballot Language 19 12 -00474 Agreement renewing state and federal external legislative consultant contracts Motion authorizing the City Manager to execute renewal agreements for governmental relation services with Focused Advocacy for state governmental relations services and with Meyers & Associates for federal governmental relations services. Attachments: Agenda memo - Renewal of Lobbyist Contract FA- Corpus Christi (draft 07 -12) Meyers Assoc renewal 072412 20 12 -00519 Motion setting the city council meeting date to adopt the Property Tax Rate and schedule public hearings (Related items 20 - 21) Motion setting August 28, 2012 as the date of the adoption of the ad valorem tax rate of $0.570557 per $100 valuation. Attachments: Ad Valorem Tax Rate Meeting 0731012.doc 21 12 -00520 Motion setting a public hearing on the ad valorem tax rate for August 14, 2012 and a second public hearing for August 21, 2012, during the regular City Council meeting beginning at 12:00 p.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. Attachments: Ad Valorem Tax Rate Meeting 0731012.doc 22 12 -00522 Ordinance authorizing the issuance of Airport Certificates of Obligation Ordinance authorizing the issuance of "City of Corpus Christi, Texas Combination Tax and Surplus Airport Revenue Certificates of Obligation , Series 2012 (AMT)" in an amount not to exceed $6,000,000 for the purpose of financing costs associated with making permanent public improvements to the City's Airport System; providing for the payment of said Certificates by the levy of an ad valorem tax upon all taxable property within the City and further securing said Certificates by a lien on and Corpus Christi Page 7 Printed on 7/30/2012 City Council Meeting Agenda - Final July 31, 2012 pledge of the pledged revenues of the Airport System; providing the terms and conditions of said Certificates and resolving other matters incident and relating to the issuance, payment, security, sale, and delivery of said Certificates, including the approval and distribution of an Official Statement; authorizing the execution of a paying agent/registrar agreement and a purchase contract; complying with the requirements of the letter of representations 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 Certificates; enacting other provisions incident and related to the subject and purpose of this ordinance; and providing an effective date. Attachments: Agenda Memo - Airport COs Airport New Money Ordinance.pdf 23 12 -00500 Resolution approving Texas South - International Alliance Memorandum of Understanding Resolution approving the Texas South - International Alliance Memorandum of Understanding between the cities of San Antonio, Brownsville, Edinburg, Laredo, San Marcos and Corpus Christi. Attachments: Agenda memo - Texas South Alliance TS -IA MOU RESOLUTION - Texas South -Intl Alliance MOU - 2012 24 12 -00471 Professional services contract to study the need for new restrictions to protect aquatic life in Oso Bay Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services contract with RPS Espey of Austin, Texas in the amount of $538,680.00 for the Oso Water Reclamation Plant Dissolved Oxygen Modeling for Oso Bay. Attachments: Memo - Oso Dissolved Oxygen Project Budget - Oso Dissolved Oxygen Location Map - Oso WRP Dissolved Oxygen Modeling for Oso Bay.pdf Contract Professional Services - Oso WRP Dissolved Oxygen Modeling for Oso Presentation - DO Modeling 25 12 -00544 Motion ratifying procurement of services for the removal of curbside debris Motion to ratify action to procure services from DRC Emergency Services for the removal of curbside debris on a cubic yard basis for an amount not to exceed $150,000.00. Corpus Christi Page 8 Printed on 7/30/2012 City Council Meeting Agenda - Final July 31, 2012 Attachments: Agenda Memo - Brush Catch Up Dept Request For Additional Contractor Assistance.pdf M. FIRST READING ORDINANCES: (NONE) N. SPECIAL BUDGET CONSIDERATION ITEMS (ITEMS 26 - 34) PROPOSED CITY OF CORPUS CHRISTI FY 2012 -13 OPERATING BUDGET 26 12 -00469 Second Reading Ordinance - Adopting proposed FY 2012 -13 Operating Budget (First Reading 7/17/12) 27 12 -00470 PROPOSED OPERATING Ordinance adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 2012; to be filed with the County Clerk; appropriating monies as provided in the budget and providing for severance. Attachments: Agenda Memo - Second Reading Adoption of FY 2012 -2013 Operating Budget Ordinance - FY 2012 -2013 Budget Amendment Sheet Second Reading Ordinance - Ratifying increase in property tax revenues in 2012 -13 operating budget (First Reading 7/17/12) Ordinance to ratify increase of $1,880,999 in property tax revenues from last year's operating budget as reflected in the 2012 -2013 operating budget. Attachments: Agenda Memo - 1st Reading Ordinance - Increase in Property Tax Revenues Ordinance - First Reading - FY 2012 -2013 Budget property tax revenues FEE / RATE ADJUSTMENTS INCLUDED IN THE PROPOSED FY 2012 -13 BUDGET 28 12 -00 489 Second Reading Ordinance - Fee increases for incentives to return Library items (First Reading 7/17/12) Ordinance amending Section 2 -79 "Fees" of the Code of Ordinances by defining lost item, referring accounts with a lost item to collection, modifying lost item fee processing, authorizing replacement library card fee, authorizing increase in overdue fees for audio /visual items; providing an effective date; providing for severance; and providing for publication. Attachments: Agenda memo - Library fees ORDINANCE - Amend Library fees 07 -06 -2012 29 12 -00461 Second Reading Ordinance - Repealing the electronic processing fee for utility payments (First Reading 7/17/12) Corpus Christi Page 9 Printed on 7/30/2012 City Council Meeting Agenda - Final July 31, 2012 Amending the Code of Ordinances, City of Corpus Christi, Chapter 17, Finance, by repealing Section 17 -3.1, regarding utility payments convenience fee; providing for severance; providing for publication; and providing for effective date of August 1, 2012. Attachments: Agenda Item - Repeal Electronic Processing Fee Ordinance to Repeal Section 17 -3.1 utility fee 30 12 -00493 Second Reading Ordinance - Permit fee increases for traffic engineering application process (Related items 30 - 32) (First Reading 7/17/12) Fee increases for temporary street closures for neighborhood, small, large /special events and new fee for parades, walks, marches and sporting events Ordinance amending Section 49 -16 of the Code of Ordinances to revise and increase fees for temporary street closure permits, classify and add permit fees for parades, walks, marches, and sporting events, and provide authority for the traffic engineer to issue all temporary street closure permits; providing for severance; and providing for publication. Attachments: Memo - Traffic Engineering Fee Increases Traffic Fee Increases - Ordinance 1 31 12 -00496 Second Reading Ordinance - Fee increases for banner permits (First Reading 7/17/12) Ordinance amending Section 3- 3(2)(c) of the Code of Ordinances to increase the fee for a banner permit from $ 25.00 to $ 35.00; providing for severance; providing for publication. Attachments: Memo - Traffic Engineering Fee Increases Traffic Fee Increases - Ordinance 2 32 12 -00497 Second Reading Ordinance - Fee increases for Residential Traffic Management Program (First Reading 7/17/12) Ordinance amending Section 53 -88 of the Code of Ordinances to provide for an administrative fee of $ 100.00 to initiate a traffic calming study device process; providing for severance; and providing for publication. Attachments: Memo - Traffic Engineering Fee Increases Traffic Fee Increases - Ordinance 3 33 12 -00475 Second Reading Ordinance - Water rate and fee adjustments (First Reading 7/17/12) Corpus Christi Page 10 Printed on 7/30/2012 City Council Meeting Agenda - Final July 31, 2012 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water rates and fees; providing for severance; providing an effective date; and providing for publication. Attachments: Agenda Memo - Water Rate Ordinance Ordinance - FY 2013 Utility Rate 34 12 -00537 Resolution for adding recreational fees for FY 2012 -2013 Resolution adding new rental fees and recreational fees for fiscal year 2012 -2013; providing for publication; providing for effective date; and providing for severance. Attachments: Agenda Memo - FY13 New Fees Parks and Recreation Resolution - FY13 New fees Parks & Recreation ExhibitA - FY13 New Fees Parks and Recreation 0. FUTURE AGENDA ITEMS: (ITEMS 35 - 38) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 35 12 -00553 Rescinding purchase approval of a software interface to Starlims and approving purchase for Intergraph Corporation Motion rescinding the approval to purchase an interface for the Laboratory Information Management System (LIMS) and (Leads from STARLIMS Corporation of Hollywood, Florida and awarding the purchase of an interface for the Laboratory Information Management System (LIMS) and (Leads from Intergraph Corporation, Chicago, Illinois for a total expenditure of $73,625. Funds are available through the Coverdell Forensic Science Improvement Grant program and Municipal Information Systems. Attachments: Agenda memo - Intergraph interface CorpusChristiTX - SOW -Limsl nterfaceNEW 36 12 -00415 Agreement to use reclaimed water supply for irrigation of the Coastal Bend Texas State Veteran's Cemetery Resolution authorizing the City Manager, or designee, to execute an agreement with the State of Texas Veteran's Land Board to supply effluent to irrigate the Coastal Bend Texas State Veteran's Cemetery. Attachments: Memo - Veterans Cemetery Location Map - Texas Veterans Cemetery. pdf Resolution - Texas Veterans Cemetery.docx User Agreement - Texas Veterans Cemetery. pdf 37 12 -00480 Supplemental Agreement to determine responsibilities for the Corpus Christi Page 11 Printed on 7/30/2012 City Council Meeting Agenda - Final July 31, 2012 Billings & Clems parking lot improvements located on Park Road 22 Resolution authorizing the City Manager, or designee, to execute a Supplemental Agreement to the Master Multiple Use Agreement with the Texas Department of Transportation (TxDOT) for the Billings and Clems Parking Lot Improvements located within State right -of -way of Park Road 22 adjacent to the John F. Kennedy Memorial Causeway. Attachments: Memo - MUAw TXDOT Billings Clems Location map - MUAw TXDOT Billings & Clems.pdf Resolution - MUAw TXDOT Billings & Clems.docx Contract - MUAw DOT Billings & Clems.pdf FUTURE PUBLIC HEARING 38 12 -00528 Change of zoning from single family to general commercial located at 6210 South Padre Island Drive Case No. 0612 -01: CCLEL Investments, Inc.: A change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District, resulting in a change of future land use from medium density residential to commercial. The property to be rezoned is a 2.30 -acre portion out of Lot 6, Section 13, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of South Padre Island Drive (SH 358) and east of Prince Drive. Planning Commission and Staff Recommendation (June 20, 2012): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District. ORDINANCE Ordinance amending the Unified Development Code ( "UDC ") upon application by CCLEL Investments, Inc., on behalf of Leer Properties, Inc. ( "Owner"), by changing the UDC Zoning Map in reference to a 2.30 -acre portion out of Lot 6, Section 13, Flour Bluff and Encinal Farm and Garden Tracts from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing for penalties; providing for publication; and declaring an emergency. Corpus Christi Page 12 Printed on 7/30/2012 City Council Meeting Agenda - Final July 81.2012 Attachments: (1) Agenda Memo, CCLEL|nveatmto FINAL for 8'14CC rev 5PN (2) Aerial Overview Map (3) Zoninc Report with attchmts (4) Ordinance w Exhibits A & B. CCLEL|nvtmto. FINAL for 8-14 P. UPDATES TO CITY COUNCIL: (ITEM 39) The following items are for Council's informational purposes only. No action wil be taken and no public comment will be solicited. 39 12-00555 Proposed Public/Private ManagementAgreementforCorpus Christi Museum of Science and History RECESS THE CITY COUNCIL MEETING: 40 12-00552 Meetinq of the Corpus Christi Housinq and Finance Corporation (CCHFC) 1. Call meeting to order 2. SecretaryArmando Chapa calls roll. 3. Approve minutes from Board meeting of February 28, 2012. 4. Treasurer's Report 5. Election of officers 6. Consider approval of an interim construction loan to CDG Housing Corpus Christi, Ltd. in connection with the development ofThe ViIIas at VVnodbend. 7. Consider a resolution authorizing the General Manager to designate a person to act as his designee for executing documents of the CCHFC. 8. Public comment 9. Adjourn Attachments: CCHFC Annual Board Meetinq+\8END&doox Minutes CCHFC12'02 Financial Statement CCHFC May 31, 2012 AGENDA MEMORANDU2- CCHFC Resolution CCHFC Board Meeting RECONVENE THE CITY COUNCIL MEETING Corpus Christi Page 13 Printed on 7/30/2012 City Council Meeting Agenda - Final July 31, 2012 Q. 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. 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. R. CITY MANAGER'S COMMENTS: Update on City Operations S. ADJOURNMENT Corpus Christi Page 14 Printed on 7/30/2012 Corpus Christi Meeting Minutes - Draft City Council 1201 Leopard St Corpus Christi, TX 78401 CCtexas.com Tuesday, July 24, 2012 12:00 PM Council Chambers 10:00 Public Notice is hereby given that the City Council will meet in Workshop AM Session on Tuesday, July 24, 2012 at 10:00 a.m. in the Council Chambers, 1201 Leopard, Corpus Christi, Texas to discuss Bond 2012 Project Recommendations / Street Improvement Funding Recommendations. The Workshop Meeting was held at 10:00 am. The minutes of this meeting were prepared and filed separately. A. Call meeting to order. Mayor Adame called the meeting to order. B. Invocation. The invocation was delivered by Pastor Kyle Livingston, Southside Community Church. C. Pledge of Allegiance. The Pledge of Allegiance was led by Council Member Kelley Allen. D. Roll Call. City Secretary Chapa verified that the necessary quorum of the Council and the necessary Charter Officers, City Manager Ron Olson, City Attorney Carlos Valdez and City Secretary Armando Chapa were present to conduct the meeting. Present: 8 - Mayor Joe Adame,Council Member Kelley Allen,Council Member Larry Elizondo,Council Member Priscilla LeabCouncil Member David Loeb,Council Member John Marez,Council Member Nelda Martinez, and Council Member Mark Scott Absent: 1 - Council Member Chris Adler E. Proclamations / Commendations 1 Proclamation declaring July 24 -29, 2012 as "TAAF Summer Games of Texas Week" Proclamation declaring August 3 -5, 2012 as "Texas A &M Health Science Central Coastal Bend Health Education Center 8th Annual Diabetes Conference Weekend" Corpus Christi Page 1 Printed on 7/26/2012 City Council Meeting Minutes - Draft July 24, 2012 Proclamation declaring July 28, 2012 as "Feria de las Flores Day" Presentation to Jazmine Lawrence, Local Winner of the U.S. Conference of Mayors National Contest "DollarWi$e - Mayors for Financial Literacy" Mayor Adame read and presented the Proclamations. F. MINUTES: 2 Approval of Meeting Minutes - July 17, 2012. A motion was made to amend the minutes of July 17, 2012 to reflect that Council Member Priscilla Leal did not attend the Executive Session, and passed as amended. G. BOARDS & COMMITTEE APPOINTMENTS: (NONE) I. CONSENT AGENDA: (ITEMS 3 -8) Mayor Adame called for consideration of the Consent Agenda, Items 3 through 8. Item No. 8 was pulled for individual consideration. The remaining items were approved by one vote: 3 Acceptance of grant and appropriation of funds for Marina boat pump -out system Second Reading Ordinance - Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Parks and Wildlife Department in the amount of $12,457.00 for the Corpus Christi Marina boat pump -out system, with a City match of $4,152.50 in the No. 4700 Marina Fund for a total project cost of $16,609.50; and appropriating the $12,457.00 grant in the No. 1058 Marina Grants Fund for a boat pump -out system for the Corpus Christi Marina. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8 - Mayor Adame, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Adler Abstained: 0 Enactment No: 029560 4 Agreement with CCISD for juvenile assessment center services Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Corpus Christi Independent School District Corpus Christi Page 2 Printed on 7/26/2012 City Council Meeting Minutes - Draft July 24, 2012 to provide Juvenile Assessment Center services. The foregoing resolution was passed and approved with the following vote: Aye: 8 - MayorAdame, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Adler Abstained: 0 Enactment No: 029561 5 Professional services contract for third party review of FEMA data and model analysis of seawall area (Related items 5 -6) 6 Ordinance approving and appropriating the transfer of $175,000 from Unreserved Fund balance in No. 1120 Seawall Improvement Fund to and appropriating in the No. 3271 Seawall Type A CI P Fund for the Preliminary FEMA Bayfront Flood Insurance Rate Maps Assessment Project; and declaring an emergency. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Aye: 8 - MayorAdame, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Adler Abstained: 0 Enactment No: 029562 Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to add Project No. E12070 Preliminary FEMA Bayfront Firm Assessment; increasing revenues and expenditures in the amount of $175,000 each; and declaring an emergency. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Aye: 8 - MayorAdame, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Adler Abstained: 0 Enactment No: 029563 7 Motion authorizing the City Manager, or designee, to execute a Professional Services Contract with HDR Engineering, Inc. of Corpus Corpus Christi Page 3 Printed on 7/26/2012 City Council Meeting Minutes - Draft July 24, 2012 Christi, Texas in the amount of $168,312.00 for the Preliminary FEMA Bayfront Flood Insurance Rate Maps Assessment project The foregoing motion was passed and approved with the folowing vote: Aye: 8 - MayorAdame, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Adler Abstained: 0 Enactment No: M2012 -136 Mayor Adame referred to Item No. 8 and the following individuals spoke regarding Item No. 8: Joann Gilbertson spoke in opposition to the renaming of Corpus Christi Beach to North Beach and the marketing involved with changing the name; Carrie Robertson spoke in support of renaming Corpus Christi Beach to North Beach. 8 Ordinance renaming North Beach Second Reading Ordinance - To rename certain areas in the City of Corpus Christi as "North Beach ". (1st Reading - 7/17/12) The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 7 - MayorAdame, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Martinez and Council Member Scott Nay: 1 - Council Member Marez Absent: 1 - Council Member Adler Abstained: 0 Enactment No: 029564 J. EXECUTIVE SESSION: (NONE) K. PUBLIC HEARINGS: MayorAdame referred to Item No. 9. Eddie Ortega, Director of Neighborhood Services stated that this item amends the 2005 and 2010 Consolidated Annual Action Plan to change the location and scope of work for AVANCE. A motion was made by Council Member Martinez, seconded by Council Member Scott to open the public hearing and passed. There were no comments. A motion was made by Council Member Scott, seconded by Council Member Martinez to close the public hearing and passed. Corpus Christi Page 4 Printed on 7/26/2012 City Council Meeting Minutes - Draft July 24, 2012 9 Amend Consolidated Annual Action Plan for Community Development Block Grant project Public hearing to consider a motion regarding an amendment to the 2005 and 2010 Consolidated Annual Action Plans (CAAP) approved by the U.S. Department of Housing and Urban Development (HUD) to change the location and scope of work for a FY05 and FY10 Community Development Block Grant project forAVANCE; and to authorize the City Manager or designee, following the conclusion of the public comment period required by HUD, to amend the FY05 and FY10 CAAP, by changing the location and scope of work for a Community Development Block Grant project forAVANCE; and to execute all necessary documents with HUD and the CAAP grantee as may be required to complete the project. The foregoing motion was passed and approved with the following vote: Aye: 8 - MayorAdame, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Adler Abstained: 0 Enactment No: M2012 -137 10 Public Hearing for the Proposed Bond Issue 2012 MayorAdame announced that Item No. 10 was being withdrawn. L. REGULAR AGENDA: (ITEMS 11 -15) MayorAdame referred to Item No. 11. Oscar Martinez, Assistant City Manager stated that this is the second reading of the FY 2012 -2013 Capital Budget in the amount of $212,844,400. Mayor Adame asked for comments from the audience. Trian Serbu stated that he opposes the Capital Budget because it underfunds streets. 11 Approval of FY 2012 -13 Capital Budget Second Reading Ordinance - Approving the Fiscal Year 2012 -2013 Capital Budget and Capital Improvement Planning Guide in the amount of $212,844,400. (1st Reading - 7/17/12) The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8 - MayorAdame, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Adler Corpus Christi Page 5 Printed on 7/26/2012 City Council Meeting Minutes - Draft July 24, 2012 12 13 Abstained: 0 Enactment No: 029565 MayorAdame referred to Item Numbers 12, 13 and 14. Dan Biles, Director of Engineering Services stated that this item is for the rehabilitation of Williams Drive from Rodd Field to Airline Road. Mayor Adame asked for comments from the audience. There were no comments. Award of construction contract and amendments to professional services contracts for Williams Drive phase 1 and 2 (Bond 2008) (Related items 12 - 14) Motion authorizing the City Manager, or designee, to execute a Construction Contract with Reytec Construction Resources, Inc of Houston, Texas in the amount of $17,714,384.10 for Williams Drive Phases 1 & 2 from Rodd Field to Nile Drive and Nile Drive to Airline Road for the Base Bid and Additive Alternates No. 1 & 2. (Bond 2008) The foregoing motion was passed and approved with the following vote: Aye: 8 - MayorAdame, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Adler Abstained: 0 Enactment No: M2012 -138 Motion authorizing the City Manager, or designee, to execute Amendment No. 3 to a Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the amount of $85,160.00 for a restated fee of $1,115,640.00 for Williams Drive Phase 1 from Rodd Field to Nile Drive for TxDOT assistance, plan revisions, and additional construction observation services. (Bond 2008) The foregoing motion was passed and approved with the following vote: Aye: 8 - MayorAdame, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Adler Abstained: 0 Enactment No: M2012 -139 14 Motion authorizing the City Manager, or designee, to execute Corpus Christi Page 6 Printed on 7/26/2012 City Council Meeting Minutes - Draft July 24, 2012 Amendment No. 1 to a Contract for Professional Services with Naismith Engineering, Inc. of Corpus Christi, Texas in the amount of $126,540.00 for a restated fee of $1,232,714.00 for Williams Drive Phase 2 from Nile Drive to Airline Road for additional construction observation services. (Bond 2008) The foregoing motion was passed and approved with the following vote: Aye: 8 - MayorAdame, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Adler Abstained: 0 Enactment No: M2012 -140 MayorAdame referred to Item No. 15. Mike Morris, Director of Parks and Recreation stated that this item was presented to Council two weeks ago. He stated that additional information was requested on the four options and a response was provided. Mayor Adame asked for comments from the audience. Carolyn Moon inquired about the elevation for the new bath house, and Joann Gilbertson commented on the design costs. 15 Amendment to professional services contract to elevate and redesign Corpus Christi Beach bath house Motion authorizing the City Manager, or designee, to execute Amendment No. 2 to a Contract for Professional Services with Chuck Anastos Associates, LLC. of Corpus Christi, Texas in the amount of $49,699.00 for a total re- stated fee of $99,524.00 for the Corpus Christi Beach New Bath House (Bond 2008). The foregoing motion was passed and approved with the following vote: Aye: 6 - MayorAdame, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Martinez and Council Member Scott Nay: 2 - Council Member Loeb and Council Member Marez Absent: 1 - Council Member Adler Abstained: 0 Enactment No: M2012 -141 M. FIRST READING ORDINANCES: (ITEMS 16 - 22) MayorAdame referred to Item No. 16. Oscar Martinez, Assistant City Manager stated that this item is to appropriate a balance in the Raw Water Supply Fund and used only for water supply. Mayor Adame asked for comments from the Corpus Christi Page 7 Printed on 7/26/2012 City Council Meeting Minutes - Draft July 24, 2012 audience. There were no comments. 16 Ordinance appropriating and transferring Raw Water Supply Development Fund balance to consolidate revenues into one fund 17 Ordinance appropriating July 31, 2012 balance in the Raw Water Supply Development Fund, currently estimated to be $4,751,216, in the Fund 4010 Water Fund; transferring to Fund 4041 Raw Water Supply Development Fund. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8 - MayorAdame, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Adler Abstained: 0 MayorAdame referred to Items 17 through 22. Constance Sanchez, Director of Financial Services stated that Items 17 through 20 are routine items to appropriate earned interest in the bond funds; Item No. 21 is also a routine item appropriating street assessments received from citizens; and Item No. 22 is correcting a previous ordinance. MayorAdame asked for comments from the audience. There were no comments. Second Reading Ordinances - Appropriating fund proceeds and correcting a prior appropriation (Related items 17 - 22) (First Reading 7/24/12) Appropriating $3,917.52 in Airport CIP interest earnings Ordinance appropriating $3,917.52 in AIRPORT CIP interest earnings in the funds as listed in Attachment 1, Section 1 for the City's match for future FAA Grant Projects; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $3,917.52. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8 - MayorAdame, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Adler Abstained: 0 Corpus Christi Page 8 Printed on 7/26/2012 City Council Meeting Minutes - Draft July 24, 2012 18 Appropriating $164,518.87 in bond proceed interest earnings Ordinance appropriating $164,518.87 in BOND PROCEED interest earnings for Bayfront, Public Health and Safety, Fire, Police, Sanitary Landfill, Library, Convention Center, Parks, and Streets in the funds as listed in Attachment 1, Section 2 for the stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135to increase expenditures by $164,518.87. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8 - MayorAdame, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Adler Abstained: 0 19 Appropriating $68,927.94 in utility revenue bond interest earnings Ordinance appropriating $68,927.94 in UTILITY REVENUE BOND interest earnings as listed in Attachment 1, Section 3 for the support of the City's approved Capital Improvement Program; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $68,927.94. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8 - MayorAdame, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Adler Abstained: 0 20 Appropriating $91,997.53 in specialty bond proceed interest earnings Ordinance appropriating $91,997.53 in SPECIALTY BOND PROCEED interest earnings, contributions for Buddy Lawrence house moving, downtown clean -up, and to aid construction, Texas Department of Transportation refund, Public Right of Way fees, reimbursement from the Regional Transportation Authority, Sales Tax Bonds for the Seawall and Arena, Packery Channel Bonds, and Generic Capital Improvement Funds as listed in Attachment 1, Section 4 for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Corpus Christi Page 9 Printed on 7/26/2012 City Council Meeting Minutes - Draft July 24, 2012 Type A Board; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $91,997.53. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8 - MayorAdame, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Adler Abstained: 0 21 Appropriating $166,826.76 in street assessments Ordinance appropriating $166,826.76 in STREET ASSESSMENTS as listed in Attachment 1, Section 5 for the repayment of approved assessment projects; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $166,826.76. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8 - MayorAdame, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Adler Abstained: 0 22 Amending ordinances to revise amounts from FY2010 -11 Ordinance amending Ordinance No 029144 to reduce the amount appropriated of bond proceeds interest earnings and bond company settlement proceeds to $459,138.91; revising the amount of increase in FY 2010 -2011 Capital Improvement Budget expenditure to $459,138.91; amending Ordinance No. 029146 to reduce the amount appropriated of Specialty Bond Proceeds interest earnings to $32,929.58; revising the amount of increase in FY 2010 -2011 Capital Improvement Budget expenditures to $32,929.58. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8 - MayorAdame, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Absent: 1 - Council Member Adler Abstained: 0 Corpus Christi Page 10 Printed on 7/26/2012 City Council Meeting Minutes - Draft July 24, 2012 N. FUTURE AGENDA ITEMS: (ITEMS 23 - 35) MayorAdame referred to the Future Agenda section, Items 23 through 35. Mayor Adame stated that these items are for informational purposes only and that no action or public comment would be taken at this time. City Manager Olson stated that Item No. 27 is being withdrawn, and that Staff would provide a presentation on Items 30 through 35. Council members also requested a presentation on Item No. 23. Mayor Adame announced that he was leaving the council meeting to attend the funeral of Former Mayor Ben McDonald and that Mayor Pro Tem Martinez would chair the council meeting. 23 Resolution for adding recreational fees for FY 2012 -2013 Resolution adding new rental fees and recreational fees for fiscal year 2012 -2013; providing for publication; providing for effective date; and providing for severance. This Resolution was recommended by staff to the Consent Agenda. 24 Supply agreement for unleaded gasoline and diesel purchased at commercial locations Motion approving a supply agreement with Stripes LLC, Corpus Christi, Texas for standard gasoline and ultra -low sulfur diesel fuel in accordance with Bid Invitation No. BI- 0194 -12 based on only bid for an estimated annual expenditure of $4,435,881.68. The term of the agreement will be for twelve months with options to extend for up to two additional twelve -month periods, subject to the approval of the supplier and the City Manager, or designee. Funds have been budgeted by Maintenance Services and the Fire Department in FY 2011 -2012 and requested for FY 2012 -2013. This Motion was recommended by staff to the Consent Agenda. 25 Lease - Purchase and Purchase of Heavy Trucks Motion approving the lease- purchase of eleven (11) heavy trucks and the purchase of four (4) heavy trucks for the total amount of $1,523,536.00, of which $388,110.00 is required for the remainder of FY 2011 -2012 . The heavy trucks are awarded to the following companies for the following amounts in accordance with Bid Invitation No. BI- 0175 -12, based on lowest responsible bid. Funding for the purchase of the heavy trucks is available in the Capital Outlay Budget of the Fleet Maintenance Services Fund. Financing for the lease- purchase of the heavy trucks will be provided through the City's lease /purchase financing contractor. This Motion was recommended by staff to the Consent Agenda. Corpus Christi Page 11 Printed on 7/26/2012 City Council Meeting Minutes - Draft July 24, 2012 26 Resolution authorizing Staffing for Adequate Fire and Emergency Response grant application Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $3,380,824 to the United States Department of Homeland Security - Staffing for Adequate Fire and Emergency Response (SAFER) Grants Program to hire 34 firefighters within the Fire Department and authorizing the City Manager, or designee, to apply for, accept, reject, alter or terminate the grant. This Resolution was recommended by staff to the Consent Agenda. 27 Rescinding purchase approval of a software interface to Starlims and approving purchase for Intergraph Corporation Motion rescinding the approval to purchase an interface for the Laboratory Information Management System (LIMS) and (Leads from STARLIMS Corporation of Hollywood, Florida and awarding the purchase of an interface for the Laboratory Information Management System (LIMS) and (Leads from Intergraph Corporation, Chicago, Illinois for a total expenditure of $73,625. Funds are available through the Coverdell Forensic Science Improvement Grant program and Municipal Information Systems. City Manager Olson announced that this item was being withdrawn. 28 Purchase of the Source Water Contaminant Event Detection System on the Nueces River Motion authorizing the City Manager or his designee to execute documents to purchase the Source Water Contaminant Event Detection System for the Nueces River below Lake Corpus Christi from Hach Company in the amount of $243,429.59. This Motion was recommended by staff to the Consent Agenda. 29 Agreements for disbursement of council members annual salary Motion authorizing the City Manager or his designee to execute an agreement with South Texas Council of Boy Scouts in the amount of $1,500,Tennis for Success in the amount of $500; and funds to be distributed to the following City projects: HEB Tennis Center in the amount of $2,000 and Parks, Arts, Leisure & Seniors (P.A.L.S.) - Lindale Park in the amount of $2,000, to receive the FY2011 -2012 council salary funds not receivable by Council Member John Marez in support of programs provided by their organizations in the City of Corpus Christi. This Motion was recommended by staff to the Consent Agenda. Corpus Christi Page 12 Printed on 7/26/2012 City Council Meeting Minutes - Draft July 24, 2012 30 Agreement renewing state and federal external legislative consultant contracts Motion authorizing the City Manager to execute renewal agreements for governmental relation services with Focused Advocacy for state governmental relations services and with Meyers & Associates for federal governmental relations services. This Motion was recommended by staff to the Regular Agenda. 31 Motion setting the city council meeting date to adopt the Property Tax Rate and schedule public hearings (Related items 20 - 21) 32 Motion setting August 28, 2012 as the date of the adoption of the ad valorem tax rate of $0.570557 per $100 valuation. This Motion was recommended by staff to the Regular Agenda. Motion setting a public hearing on the ad valorem tax rate for August 14, 2012 and a second public hearing for August 21, 2012, during the regular City Council meeting beginning at 12:00 p.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. This Motion was recommended by staff to the Regular Agenda. 33 Ordinance authorizing the issuance of Airport Certificates of Obligation Ordinance authorizing the issuance of "City of Corpus Christi, Texas Combination Tax and Surplus Airport Revenue Certificates of Obligation, Series 2012 (AMT)" in an amount not to exceed $6,000,000 for the purpose of financing costs associated with making permanent public improvements to the City's Airport System; providing for the payment of said Certificates by the levy of an ad valorem tax upon all taxable property within the City and further securing said Certificates by a lien on and pledge of the pledged revenues of the Airport System; providing the terms and conditions of said Certificates and resolving other matters incident and relating to the issuance, payment, security, sale, and delivery of said Certificates, including the approval and distribution of an Official Statement; authorizing the execution of a paying agent/registrar agreement and a purchase contract; complying with the requirements of the letter of representations 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 Certificates; enacting other provisions incident and related to the subject and purpose of this ordinance; and providing an effective date. This Ordinance was recommended by staff to the Regular Agenda. Corpus Christi Page 13 Printed on 7/26/2012 City Council Meeting Minutes - Draft July 24, 2012 34 Resolution approving Texas South - International Alliance Memorandum of Understanding Resolution approving the Texas South - International Alliance Memorandum of Understanding between the cities of San Antonio, Brownsville, Edinburg, Laredo, San Marcos and Corpus Christi. This Resolution was recommended by staff to the Regular Agenda. 35 Professional services contract to study the need for new restrictions to protect aquatic life in Oso Bay Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services contract with RPS Espey of Austin, Texas in the amount of $538,680.00 for the Oso Water Reclamation Plant Dissolved Oxygen Modeling for Oso Bay. This Motion was recommended by staff to the Regular Agenda. O. UPDATES TO CITY COUNCIL: (ITEM 36) 36 Operation Proud Partnership 37 MayorAdame referred to Item No. 36, Update on Operation Proud Partnership. Troy Riggs, Assistant City Manager, Herb Canales, Director of Libraries, David Cook, Police Department, and Tracey Cantu, Code Enforcement Supervisor collectively provided an overview on the City's efforts to cleanup the following three areas: Northside (Hillcrest, Washington - Coles), the City Hall area, and Flour Bluff. City Manager Olson announced that Item No. 37, Meeting of the Corpus Christi Housing Finance Corporation was being withdrawn. Meeting of the Corpus Christi Housing Finance Corporation (CCHFC) 1. Call meeting to order 2. Secretary Armando Chapa calls roll. 3. Approve minutes from Board meeting of February 28, 2012. 4. Treasurer's Report 5. Election of officers 6. Consider a resolution authorizing the General Manager to designate a person to act as his designee for executing documents of the CCHFC. Corpus Christi Page 14 Printed on 7/26/2012 City Council Meeting Minutes - Draft July 24, 2012 7. Public comment 8. Adjourn This item was withdrawn. P. PUBLIC COMMENT. Mayor Pro Tem Martinez referred to the Public Comment section of the agenda. Carolyn Moon spoke about traffic lights in the evening; Joan Veith thanked City staff for their work on Staples Street, and Maria Casarez spoke about the new Fire Station approved by the voters in Bond 2008. Q. CITY MANAGER'S COMMENTS: City Manager Olson asked for clarification on the Bond 2012 Propositions that was discussed during the Workshop Meeting. A discussion followed and direction was provided. Update on City Operations R. ADJOURNMENT There being no further business to come before the Council, Mayor Pro Tem Martinez adjournd the meeting at 2:37 pm. Corpus Christi Page 15 Printed on 7/26/2012 a. CLEAN CITY ADVISORY COMMITTEE — Seven vacancies with term to 7 -08 -14 representing the following: 1 — Educator, 1 — Chamber of Commerce member, 1 — Commercial Solid Waste Hauler, 3 — At Large, and 1 — Beautify Corpus Christi Association member. DUTIES: To advise the City Council on recycling, litter, and other solid waste environmental issues of concern in the community. COMPOSITION: The committee shall consist of eleven (11) members and shall be composed of the following: one (1) educator in a primary, secondary, or high school within the city; one (1) member of a local Chamber of Commerce; one (1) commercial solid waste hauler; one (1) member of the Beautify Corpus Christi Association; and seven (7) community at large representatives. 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 at the initial committee meeting. Thereafter, all terms shall be two (2) years. All members shall serve until their successors are appointed and qualified. MEMBERS *Rebecca Lyons (Educator) *Scot McCampbell Barker (Chamber) *Brian Cornelius (Hauler) ** *Dan Wilkerson (Beautify Corpus Christi) *Paige Dinn (Comm. at Large) Lori Galan- Garcia (Comm. at Large) Teresa Klein (Comm. at Large) Juan Rodriguez (Comm. at Large) *Joan Veith (Comm. at Large) *Kimberly Brumley(Comm. at Large) Virginia Delgado (Comm. at Large) Director of Neighborhood Services Director of Environmental Services ORIGINAL TERM APPTD. DATE 07 -08 -12 02 -14 -12 07 -08 -12 06 -09 -09 07 -08 -12 07 -08 -08 07 -08 -13 02 -14 -12 07 -08 -12 07 -08 -08 07 -08 -13 04 -12 -11 07 -08 -13 02 -24 -09 07 -08 -13 05 -11 -10 07 -08 -12 07 -08 -08 07 -08 -12 02 -14 -12 07 -08 -13 02 -14 -12 Ex- officio, non - voting Ex- officio, non - voting 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 NAME Rebecca Lyons (Educator) Scot Barker (Chamber) Brian Cornelius (Hauler) Paige Dinn (At Large) Joan Veith (At Large) Kimberly Brumley (At Large) NO. OF MTGS. THIS TERM 3 6 6 6 6 3 NO. PRESENT 3 3(3 exc.) 4(2 exc.) 5(1 exc.) 5(1 exc.) 2(1 exc.) % OF ATTENDANCE LAST TERM YEAR 100% 50% 67% 83% 83% 67% (The Clean City Advisory Committee is recommending the reappointments of Rebecca Lyons (Educator), Scot Barker (Chamber), Brian Cornelius (Hauler), Paige Dinn (At Large), Joan Veith (At Large), and Kimberly Brumley (At Large). They are also recommending the realignment of Lori Galan - Garcia from At Large to the category of Beautify Corpus Christi member.) INDIVIDUALS EXPRESSING INTEREST: Jonathan M. Barlow Parking Lot Attendant. Volunteers with Texas State Aquarium and Mother Theresa's. (At Large) (05/04/11) Sarah Lathrop Baugh Marjorie N. Boudreaux Luis F. Cabrera John C. Gilbreath Paul Gottemoller 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. (At Large) (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. (At Large) (09/15/11) Human Resources Representative, Cintas Corporation. Received a BBA from Texas A &M University- Corpus Christi. Activities include: Corpus Christi Human Resource Management Association, Young Business Professionals of the Coastal Bend, Iglesia Maranatha member and volunteer. (At Large) (6/12/12) Retired. Attended Oklahoma State University at Stillwater, Oklahoma, East Los Angeles College at Los Angeles, California, Tulsa Junior College and Langston University at Tulsa, Oklahoma. Activities include: South Texas Botanical Gardens, Nueces County Master Gardener, Corpus Christi Order of De Molay, Oso Naval Lodge, Corpus Christi Order of Eastern Star and Corpus Christi York Rite. Recipient of De Molay Legion of Honor. Served on Planning Commission and City Council in West Fork, Arkansas. (At Large) (6/8/11) Professor, Del Mar College. Received a BA, MA and PhD in political science. Instructor of political science and serves as Political Science Program Coordinator, and on Del Mar's Environmental Committee. Volunteers with City clean up and recycling (Pride /Clean City) events. (At Large) (6/27/12) Bryan Mayhood Carolyn Moon Bradley D. Spillman Laurie Wood Director of Season Ticket Services, Corpus Christi Hooks Baseball Club. Graduated from Texas A &M University- Corpus Christi. Activities include: Heart Walk Committee. (At Large) (1/5/11) Test Center Administrator, Prometric. Received a Masters in Education and a Master of Arts degree. Retired Educator. Activities include: multiple organizations, including environmental and social activism. (At Large) (Retired Educator) (12/01/11) Rental Agent, National Car Rental. Received MS in Management Information Systems and BBA from University of Missouri. Activities include: CCISD Volunteer Program. (At Large) (11/30/11) Registered Nurse. Activities include: Clean Economy Coalition Community Outreach and Celtic Menagerie. (At Large) (4/5/10) b. CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION — Three vacancies with terms to 7- 31 -14. DUTIES: Organized exclusively for the purpose of benefiting and accomplishing public purposes of, and to act on behalf of, the City, to undertake, maintain and finance projects through Propositions 4 and 5 approved by voters on November 7, 2000 and Propositions 2, 2a and 2b approved by voters on November 5, 2002. COMPOSITION: The affairs of the Corporation shall be managed by a board of directors which shall be composed of five persons appointed by the City Council of the City. The terms of the directors shall be two years, expiring on July 31 of each year. Directors may be appointed to succeed themselves. No Director may serve longer than six years consecutively, unless such service is required to complete an unexpired term. Each director must be a resident and qualified elector of the City. ORIGINAL MEMBERS TERM APPTD. DATE Butch Escobedo 7 -31 -11 7 -24 -07 * * ** *Foster Edwards 7 -31 -12 7 -11 -06 *Robert Tamez 7 -31 -12 7 -08 -08 * * * * *Eloy H. Salazar 7 -31 -12 7 -11 -06 R. Bryan Gulley 7 -31 -13 7 -12 -11 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 Robert Tamez 9 9 100% (The Corpus Christi Business and Job Development Corporation is recommending the reappointment of Robert Tamez and the new appointments of Bart Braselton and Debbie Lindsey -Opel.) OTHER INDIVIDUALS EXPRESSING INTEREST: Richard Bell Controller, United Energy Logistics. Received a Master of Accountancy degree from Texas A &M University- Corpus Christi. Activities include: Governor's Regional Emerging Technology Fund selection board, Corpus Christi Yacht Club, Corpus Christi Sunrise Rotary Club, Coastal Bend Business Plan Competition Committee, and Founding Director of Coastal Bend Business Innovation Center (2009 - 2011). (6/21/12) Bart Braselton Executive Vice - President, Braselton Homes. Graduated with honors from University of Texas at Austin. Activities include: Food Bank of Corpus Christi, Heart of Corpus Christi, USS City of Corpus Christi Welcome Committee, Columbus Ships Committee, American Cancer Society, American Heart Assoc., Bayfest, Leadership Corpus Christi Class XVIII, Citizens in Support of the Corpus Christi Police Department, Corpus Christi Country Club, and former Building Standards Board member. (6/18/12) Jeff Fonseca Owner, Green Tree Lawn Care. (6/8/11) Coretta Graham Gene Guernsey Marilyn Jordan Beth Kingsbury Debbie Lindsey -Opel 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) President/Broker, Gene Guernsey & Associates, Realtors. Received AA from Del Mar College. Certified Texas Real Estate Broker and Relocation Professional. Former board member of CC Regional Economic Development Corporation, CC Chamber of Commerce, CC Bay Council of Navy League of US. Current activities include: Catholic charities, TAMU -CC President's Council, Forward Corpus Christi, Leadership Corpus Christi XVII, Driscoll Children's Miracle Network, CCYES, and Future of Corpus Christi. (5/29/12) Sales Agent, Ferguson, Beene and Evans Commercial Real Estate. Received a BS from University of Arkansas. Commercial Realtor and Rancher. Past board member of American Cancer Society, Heart Ball, Symphony Ball, Arts Council. Activities include: member of Corpus Christi Beach Task Force. (6/28/12) 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) President, Three Dimensional Development. Received a BS in Marketing from Louisiana State University- Shreveport and MBA from Corpus Christi State University. Activities include: Chamber of Commerce Board of Directors and Executive Committee, Nueces County Beach Management Advisory Committee, and Coastal Bend Business Plan Competition Committee. (6/6/12) Cathy Mehne Ben Molina Lillian Riojas Curtis A. Rock Lyle Smitson Marsha Williams Self- Employed Real Estate Agent, Coldwell Banker Pacesetter Steel Realtors. Currently remains in the Top 10 Producers for Coldwell Banker PS over past 10 years. Activities include: Texas Real Estate Political Action Committee Chair, 2010 and 2012, and Corpus Christi Association of Realtors Board of Directors. (3/16/12) General Manager, both Apex Engineers & Consultants and Pinnacle Roofing Systems. Licensed Mold Assessment Consultant and familiar with building codes and AutoCAD. Activities include: Young Business Professionals, Habitat for Humanity, Corpus Christi "40 under 40" — 2011 recipient, former member Zoning Board of Adjustment. (3/7/12) Senior Manager, Public Affairs, Valero Refinery. Graduated from Baylor University. Activities include: Port Industries of Corpus Christi Public Affairs Vice - Chair, American Diabetes Assoc., Coastal Bend Diabetes Initiative, Public Relations Society /Texas Public Relations, Junior League of Corpus Christi, Art Museum of South Texas Membership Council, and Hispanic Women's Network. (Willing to resign from Workforce Solutions Board, if appointed) (7/11/11) 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) (8/12/11) Owner, All Texas Communications. Served in the United States Air Force. Received BS in Business Administration from Cal State University at Los Angeles, California. Electrical Engineer and Commercial Builder. (4/27/11) Realtor, Re/Max Metro Properties. Received B.A. in Business from Texas A & I University Kingsville. Past Chairman of Corpus Christi Association of Realtors. Active member of the Kiwanis Club and the Re/Max Lifetime Hall of Fame. (6/8/11) Mary E. Wambach 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) c. CORPUS CHRISTI CONVENTION & VISITORS BUREAU — Six vacancies with terms to 8 -01 -14 representing the following categories: 1 — Attraction Industry, 1 — Restaurant Industry, 1 — Hotel Industry, and 3 — At Large. DUTIES: To solicit various organizations and associations to conduct meetings /conventions /tradeshows within Corpus Christi year- round; to promote the City as a year -round destination; to design and implement an advertising campaign with state, national and international coverage to feature the Corpus Christi area as an attractive region in which to vacation or have conventions or group meetings; to provide support services to conventions in Corpus Christi; to operate visitor information centers; to provide information and advice to businesses interested in tourism and convention - related business in the Corpus Christi area; and to advise the City on projected growth of tourism and convention - related businesses to assist City planning efforts. COMPOSITION: Eleven (11) members selected directly by the City Council. The members shall be representatives of the following groups: 2 - hotel industry; 2 — attraction industry; 2 — restaurant industry; and 5 - community at large. The Mayor and City Manager, or their designees, shall serve as ex- officio non - voting members of the Board. In addition, the Council will appoint a representative from the Port of Corpus Christi Authority, a representative from the Regional Transportation Authority and a representative from the C.C. International Airport to serve as ex- officio advisory non voting members. Appointments will be for staggered, two -year terms. No person may serve as a voting member for a period longer than six years consecutively, unless such service is required by virtue of the person's position or title or to complete an unexpired term. MEMBERS *Ken Griffin (At Large) *****Robert Tamez (At Large) Angie Flores (At Large) Rakesh (Rick) Patel (At Large) *****Butch Pool (At Large), Chair * *Bill Morgan (Hotel Industry) Kaushik "Sheik" Bhakta (Hotel Industry) *Mark Schaberg (Restaurant Industry) Daniel Dain (Restaurant Industry) *Tom Schmid (Attraction Industry) Michael Womack (Attraction Industry) Terry Klinger (RTA representative) Patricia Cardenas (Port of CC representative) Fred Segundo (C.C. International Airport) Mayor City Manager Legend: * Seeking reappointment * *Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation TERM 8 -01 -12 8 -01 -12 8 -01 -13 8 -01 -13 8 -01 -12 8 -01 -12 8 -01 -13 8 -01 -12 8 -01 -13 8 -01 -12 8 -01 -13 Ex- officio, non - voting Ex- officio, non - voting Ex- officio, non - voting Ex- officio, non - voting Ex- officio, non - voting ORIGINAL APPTD. DATE 4 -12 -11 7 -18 -06 7 -19 -11 7 -19 -11 7 -18 -06 2 -13 -07 7 -19 -11 8 -12 -08 7 -28 -09 11 -11 -08 8 -12 -08 (The Corpus Christi Convention & Visitors Bureau is requesting the realignment of Bill Morgan's Hotel Industry category to At Large, and Rakesh Patel's At Large category to Hotel Industry. They are also requesting designation of immediate past Chair, Butch Pool, to an advisory non - voting position with a one-year term. In addition, they are recommending the reappointments of Ken Griffin (At Large), Mark Schaberg (Restaurant Industry), Tom Schmid (Attraction Industry). They also recommend three new At Large appointments of Jim Needham, Darcy Jones, and Toby Futrell with alternates of Lyle Smitson, Beth Kingsbury, and Marsha Williams. The committee is required to submit at least two names for consideration.) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Ken Griffin (At Lg.) 9 7 (2 exc.) 78% Mark Schaberg (Restaurant) 9 8 (1 exc.) 89% Tom Schmid (Attraction) 9 8 (1 exc.) 89% INDIVIDUALS EXPRESSING INTEREST: Jonathan M. Barlow Parking Lot Attendant. Volunteers with Texas State Aquarium. (5/4/11) Vincent E. Doyle Toby Futrell Bryan G. Hall Retired from CCAD, Technical Engineer, Pipe and Maintenance Department. Received Associate Degree from Camden County School, Gloucester, New Jersey. (4/12/11) Retired City Manager, City of Austin, Texas. Recent Interim Assistant City Manager, City of Corpus Christi, Texas. Current Professor & Consultant with Texas A &M University- Corpus Christi and Management Consultant to public entities and municipalities. Received a Bachelor of Liberal Studies from St. Edward's University in Austin, and a Master of Business Administration from Southwest Texas State University, San Marcos. Professor teaching Master of Public Administration courses formerly at UT- Austin LBJ School of Public Affairs, currently at TAMU- CC. Activities include: Destination Bayfront Executive Committee. (7/13/12) Showroom Manager, Janet Maxwell Business Interiors of Texas. Received a Bachelors of Business Administration with a focus on Management from Texas A &M University- Corpus Christi. Activities include: Delta Sigma Pi Fraternity, and volunteers at community events. (7/20/12) Darcy Jones Beth Kingsbury James (Jim) Needham Lyle Smitson Rick Sowash Marsha Williams Regional Public Affairs Manager at Flint Hills Resources, Koch Companies Public Sector, LLC. Received a BA in Journalism/Political Science from Baylor University. Activities include: Port Industries of Corpus Christi Public Affairs Group, Metro Ministries BOD, Junior League of Corpus Christi, So. Texas Botanical Gardens BOD, American Diabetes 2012 Gala, and Bayfest BOD. (7/10/12) 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) Dean of Community Outreach, Texas A &M University- Corpus Christi. Received a BS in Construction Science, MS in Construction Management, and PhD in Architecture. Activities include: Nueces County Coastal Parks Commissioner, Flour Bluff ISD Trustee, State Employee Charitable Campaign Chair, CB Bays & Estuaries Human Use Implementation Team, Padre Island Kiwanis, Mustang Island/Padre Island Adopt a Beach Program. (Willing to resign from the Island Strategic Action Committee, if appointed) (6/27/12) Owner, All Texas Communications. Served in the United States Air Force. Received BS in Business Administration from Cal State University at Los Angeles, California. Electrical Engineer and Commercial Builder. (4/27/11) Real Estate Appraiser, Tasador, Inc. Received BS in Business from Indiana University at Bloomington. Activities include: Designated Member Appraisal Institute - SRA. (5/3/11) Realtor, Re/Max Metro Properties. Received B.A. in Business from Texas A & I University Kingsville. Past Chairman of Corpus Christi Association of Realtors. Active member of the Kiwanis Club and the Re/Max Lifetime Hall of Fame. (6/8/11) d. CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT — Seven (7) vacancies with terms to 7 -01 -16 and 7 -01 -14 representing one of the following criteria: Resident of the District (R), an Owner of Property within the District (P0), an Owner of Stock or Corporate owner of Property within the District (SO), an Agent, Employee or Tenant of one of the above (A/E /T). (Directors are chosen through the recommendation of the board and the approval of the City Council.) DUTIES: The district will provide maintenance, security, marketing, and the promotion and improvement of property and facilities within the district; the district has the authority to levy taxes or assessments for improvements in the downtown area. COMPOSITION: The board is composed of at least nine but not more than thirty directors, serving four -year staggered terms. Directors must represent one of the following categories: a resident of the district; an owner of property in the district; an owner of stock, whether beneficial or otherwise, of a corporate owner of property in the district; an owner of a beneficial interest in a trust that owns property in the district; or an agent, employee or tenant of one of the above. Per the Texas Local Government Code, succeeding directors are chosen through the recommendation of the board and the approval of the City Council. ORIGINAL BOARD MEMBER TERM APPTD. DATE *Raymond Gignac (PO) 07 -12 08 -21 -01 Eloy Salazar (PO) 07 -14 07 -27 -04 ** *George Clower (A /E /T) 07 -14 07 -15 -08 *Wayne Lundquist (A /E /T) 07 -12 08 -22 -00 * *Wes Hoskins (PO) 07 -12 08 -22 -00 Tracy (Tray) E. Bates (A/E /T) (Vice - Chair) 07 -14 07 -19 -11 Glenn R. Peterson (PO) 07 -14 06 -08 -10 Casey Lain (PO) 07 -14 06 -08 -10 Christoher Lawrence (A /E/T) 07 -14 03 -29 -11 Cass Austin Gabriel (R) 07 -14 07 -19 -11 Dee Dee Perez (A/E /T) 07 -14 06 -08 -10 *Rachelle Graham (A/E /T) 07 -12 06 -08 -10 *Tim Heuston (A/E /T) 07 -12 03 -29 -11 Harold Shockley, Jr. (A /E/T) 07 -14 05 -08 -12 *Chad Magill (A /E /T), (Chair) 07 -12 08 -22 -06 Legend: * Seeking reappointment * *Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation (The Corpus Christi Downtown Management District is recommending the reappointments of Raymond Gignac (PO), Wayne Lundquist (A/E/T), Rachelle Graham (A/E/7), Tim Heuston (A/E/T) and Chad Magill (A/E/T) and the new appointments of Jonathan Richter (A/E/T) to replace Wes Hoskins, and Con Browne (A/E/T) to replace George Clower.) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Raymond Gignac (PO) 12 10 (2 exc.) 83% Rachel le Graham (AET) 12 5 (5 exc.) 42% Tim Heuston (AET) 12 10 (2 exc.) 83% Wayne Lundquist (AET) 12 7 (5 exc.) 53% Chad Magill (AET) 12 12 100% INDIVIDUALS EXPRESSING INTEREST: Con Browne Bryan G. Hall Branch Manager/Location Owner, Envoy Mortgage. Received a Marketing degree with main focus on International Business from the Marketing Institute of Ireland, accredited by the European Marketing Confederation. Holds Mortgage Banker licenses in Texas, California, Illinois, North Carolina and Oregon. Activities include: Corpus Christi Chamber of Commerce, and Corpus Christi First Friday ArtWalk. (Agent/Employee /Tenant) (7/23/12) Showroom Manager, Janet Maxwell Business Interiors of Texas. Received a Bachelors of Business Administration with a focus on Management from Texas A &M University- Corpus Christi. Activities include: Delta Sigma Pi Fraternity, and volunteers at community events. (Agent/Employee /Tenant) (7/20/12) Jennifer Reid Downtown Business Owner, Threads. Received a Business Accounting Certificate. (Corporate Property Owner) (7/18/11) Jonathan Richter Business Development Manager, Baytek International. Received a BS in Chemical Engineering from the University of Texas at Austin. Currently in software development. Pioneered a successful internship partnership between Baytek International and Texas A &M University- Corpus Christi. Activities include: Reach Ministries, and Corpus Christi Christian Business Association (CBA). (Agent/Employee /Tenant) (7/23/12) AGENDA MEMORANDUM for the City Council Meeting of July 31, 2012 DATE: TO: FROM: July 5, 2012 Ronald L. Olson, City Manager Gustavo Gonzalez, Director of Water Operations GustavoGo @cctexas.com 361- 826 -1874 Approval of the Source Water Contaminant Event Detection System on Nueces River CAPTION: Motion authorizing the City Manager or his designee to execute documents to purchase the Source Water Contaminant Event Detection System for the Nueces River below Lake Corpus Christi from Hach Company in the amount of $243,429.59. BACKGROUND AND FINDINGS: Texas Commission on Environmental Quality performed a susceptibility test and identified Corpus Christi's source water as a high risk for potential contamination. Recently, with increased hydraulic fracturing activities within the Eagle Ford Shale formation, much of which is in the Nueces River Basin, the potential for an accidental or intentional spill in Nueces River has increased. The City of Corpus Christi Water Department has developed an implementation plan for the Source Water Contaminant Event Detection System that provides an event detection system for Nueces River. This system will allow the Water Department to possess an early warning detection system for threats against our water, whether that is of accidental or malicious intent. The Source Water Panel utilizes an event monitor to detect source water contamination including industrial discharge, chemical spills, sewage spills, and other natural or man -made contamination. Parameters that will be utilized within the panel include turbidity, oil in water, phosphate, ammonia, nitrate, conductivity, organics, and pH. The instruments can be programmed to create a fingerprint for each contamination event during the lifetime of the panel. Controlled experiments can be set up to create fingerprints for specific contaminants that the City of Corpus Christi feels would be a threat to the system. When an event does transpire, a sampler will begin to collect water samples at programmed intervals for quality assurance. Those samples can then be taken to a laboratory to verify the results of the event monitor. The data collected will be used for internal purposes only and may be available for assisting other entities. The information will not be provided to the public unless an actual contamination event does transpire. Two Source Water Panels will be placed along key points in Nueces River, including one location in San Patricio where detection will provide the City with approximately 18 hours to respond, and one location closer to the raw water intake pumps in CalaIlen. The equipment to be purchased includes two Hach Homeland Security Technologies Source Water Panels with 8 water quality sensors on each panel, where water will continuously pass through a trough attached to the panel. The raw water will be delivered to the panel via a submersible pump then discharged back into Nueces River. In addition to the Source Water Panels, a Hach All- Weather Sampler will be located at each site as mentioned in the previous paragraph. The equipment will be housed within a climate - controlled secured storage facility. Hach CityGuard Virtual Command Center will be used as a network portal to provide monitoring and control of the Source Water Panels enabling detection of contamination events. In all cases of an event potentially affecting Nueces River, and consequentially, Corpus Christi, the Source Water Panel can aid in detection, drastically reducing response times and thus protecting public health. The system relays information to a centrally located computer system within minutes of the contaminant detection, giving water treatment plant operators time to react. The recognizable benefits gained by implementing this project include safety and protection of the water customers of Corpus Christi. The Source Water Contaminant Event Detection System cost is paid in full by the City of Corpus Christi Water Department in the amount of $243,429.59. Funding is acquired through the Source Water Protection activity (4010- 30283 - 550040) of the Water Fund. ALTERNATIVES: This is a sole source item. OTHER CONSIDERATIONS: None are available for source water event detection monitoring. CONFORMITY TO CITY POLICY: Council approval required for appropriation of funds. EMERGENCY / NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense ❑ Revenue ❑ CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP) Current Year Future Years TOTALS Budget Encumbered / Expended Amount This item $243,429.59 $243,429.59 BALANCE $243,429.59 $243,429.59 Fund(s): Water Fund Comments: None RECOMMENDATION: City staff recommends the Source Water Contaminant Event Detection System in the amount of $243,429.59 be approved. LIST OF SUPPORTING DOCUMENTS: Contract — Signed Addendum Sole Source Letter Certification of Fund Service and Product Information Hach Company Insurance Certificate Hach Quote 312180840 Contract Addendum to Terms & Conditions of Sale for Hach Company Products and Services Dated June 29, 2012 Parties: Hach. ( "Company ") and City of Corpus Christi ( "Buyer ") Date: June 29, 2012 THIS ADDENDUM hereby modifies and supplements the attached Terms & Conditions between the Company and Buyer. In the event of any conflict between the Terms & Conditions and this Addendum, this Addendum shall control. Except as to those portions of the Terms & Conditions which are modified by this Addendum, the provision of the Terms & Conditions shall control. The numbering of the Sections below corresponds to the section numbers in the Terms & Conditions. Section 3 - Delivery will be accomplished FCA Destination (Incoterms 2010). For orders having a final destination within the U.S., legal title and risk of loss or damage pass to Buyer upon delivery. Hach will use commercially reasonable efforts to deliver the Products ordered herein within the time specified on the face of this Contract or, if no time is specified, within Hach's normal lead -time necessary for Hach to deliver the Products sold hereunder. Upon prior agreement with Buyer and for an additional charge, Hach will deliver the Products on an expedited basis. Standard service delivery hours are 8 am — 5 pm Monday through Friday, excluding holidays Section 8 — Strike the last sentence. Section 12 — RepIace second sentence "Buyer and its customers, employees and agents will keep confidential, as allowed by Texas Public Information Act, all such Proprietary Information and will not transfer or disclose it without Hach's prior written consent. Section 20 — Replace "Colorado" with "Texas ". Strike the clause "if Buyer has minimum.....contacts with the United States." IN WITNESS WHEREOF, the Parties have caused this Addendum to be executed by their duly authorized representatives, intending thereby to be legally bound. City of Corpus Christi Hach Company By: By: '�v{ 0 Name: Name: tl� L fr L4 Vy1 Fe'S Title: Date: Title: PrOje C� 5( c 4)('5 f` 1 Date: 1/q/2 f2 Contract Addendum Page 1 HACH COMPANY PO Box 389 Loveland, Colorado 80539-0389 Phone 800-227-4224 or 970-669-3060 Fax 970-669-2932 htiviiwww.hach corn City of Corpus Christi Attn: Leslie Strong PO Box 9277 2726 Holly Rd Corpus Christi, TX 78469-9727 Be R!ghtTM Hach Customer Acet#: 092064, quote 312040997 June 6, 2012 This letter is to confirm that Hach Company is the sole manufacturer and distributor within the United States of the following equipment: Source Water Monitoring Panel, HST Allweather sampler, HST Consulting, Cityguard Base & Cityguard addition& and submersible pump with debris filter. Associated catalog numbers are: 580800 which includes:Qty 2 580801 Back Panel with Trough,LXV437.99.00002, Ammonium Sensor ,D3725E2T-WDMP Conductivity Sensor, LXV441.99.11302 FP360se Sensor, LXV417.99,50002 NitraTax so Plus 5 mm, DP01R1-WDMP pH Sensor, LXV423.99.10100Solitax & Suspended Solids Sensor, LXV418.99,50002 UVAS sc Sensor 5 mm, 6159600 Phosphate Analyzer low range, 6840200 Event Monitor 11, 5739000 Filtrax, 1 x SC1000 on each panel, 007184 HST Aliweather Sampler, TRD20000, HST consulting, CGBASE Cityguard Base, CGADDEM Cityguard additional and 580801 Submersible pump with debris filter. Thank you for your interest in Hach Company products. If we can help in any way, please call us at 1-800-227-4224. Nanette Meyer Field Sales Support Specialist AGENDA MEMORANDUM for the City Council Meeting of July 31, 2012 DATE: 7/31/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (361) 826 -3169 m ikeb(a)cctexas. com Jim Davis, Director of General Services (361) 857 -1909 i im d(c�cctexas. com Heavy Trucks CAPTION: Motion approving the lease- purchase of eleven (11) heavy trucks and the purchase of four (4) heavy trucks for the total amount of $1,523,536.00, of which $388,110.00 is required for the remainder of FY 2011 -2012. The heavy trucks are awarded to the following companies for the following amounts in accordance with Bid Invitation No. BI- 0175 -12, based on lowest responsible bid. Funding for the purchase of the heavy trucks is available in the Capital Outlay Budget of the Fleet Maintenance Services Fund. Financing for the lease- purchase of the heavy trucks will be provided through the City's lease /purchase financing contractor. Santex Truck Center, LTD San Antonio, TX Items 1, 2, 3, 5, 6, 8, & 9 $1,374,139.00 Grande Truck Center San Antonio, TX Items 4 & 7 $149,397.00 Grand Total: $1,523,536.00 BACKGROUND AND FINDINGS: All 15 heavy trucks are replacement units to the fleet. These heavy trucks will be used by the Street, Gas, Storm Water, Water, and Parks & Recreation Departments. ALTERNATIVES: Award under Section 26 of Council Policies of the City of Corpus Christi's Code of Ordinances. OTHER CONSIDERATIONS: Although Santex Truck Center, Ltd. submitted the bid from their San Antonio office, they will be delivering and servicing the chassis from their Corpus Christi franchise located at 7745 IH -37 in Corpus Christi, TX. Additionally, with the exception of line item 3, all bodies and ancillary equipment will be installed by Truckers' Equipment located at 1501 N. Port Ave., Corpus Christi, TX. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: General Services FINANCIAL IMPACT: FISCAL YEAR: Current Year Future Years TOTALS Purchase Lease Purchase Bud et g Purchase 4,542,792.71 4,542,792.71 Lease Purchase 731,013.85 1,216,573.33 1,947,587.18 Encumbered /Expended amount as of 6/12/12 Purchase (3,747,816.04) (3,747,816.04) Lease Purchase (731,013.85) (731,013.85) This Item Purchase (388,110.00) (388,110.00) Lease Purchase 0.00 (1,216,573.33) (1,216,573.33) BALANCE Purchase 406,866.67 406,866.67 Lease Purchase 0.00 0.00 Comments: Funding for the purchase of heavy trucks, in the amount of $388,110.00, is available in the Capital Outlay Budget of the Fleet Maintenance Services Fund for FY 2011 -2012. Funding for the lease purchase of heavy trucks is requested in the FY 2012 -2013 budget. The trucks will be delivered and paid for in FY 2012 -2013 and, therefore, no funds are required in this fiscal year. Financing for the lease- purchase of heavy trucks is based on a sixty -month term with an estimated interest rate of 2.75% for an annual payment of $243,314.64. The total estimated cost over the five - year period, including principal of $1,135,426.00 and interest of $81,147.33, is $1,216,573.33. Funding is available through the General Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Approvals: Veronica Ocanas, Assistant City Attorney Jim Davis, Director of General Services Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager Troy Riggs, Assistant City Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN (1) BID TABULATION BID INVITATION NO. BI- 0175 -12 HEAVY TRUCKS ITEM DESCRIPTION QTY. UNIT SANTEX TRUCK SAN ANTONIO, UNIT PRICE CENTER, LTD. TX TOTAL PRICE GRANDE TRUCK SAN ANTONIO, UNIT PRICE CENTER TEXAS TOTAL PRICE CORPUS CHRISTI FREIGHTLINER CORPUS CHRISTI, TEXAS UNIT PRICE TOTAL PRICE FREIGHTLINER AUSTIN, TEXAS UNIT PRICE OF AUSTIN TOTAL PRICE 1 2 3 4 5 6 Series HT -4, 33,000 lbs. GVWR, Standard Cab and Chassis, 72 inch CA, with a 5 -7 cubic yard Dump Body. Street Dept. - Lease Purchase Series HT -4, 33,000 lbs. GVWR, Standard Cab and Chassis, 84 inch CA, with a Dutec Asphalt Body or equal. Street Dept. - Lease Purchase Series HT -3, 25,500 lbs. GVWR, Standard Cab and Chassis, 72 to 84 inch CA, with an Altec Flat Bed Body with Tool Boxes and an Altec 57' Rear - Mounted Aerial Manlift Boom Model # LRV58. Parks & Recreation Dept. - Lease Purchase Series HT -3, 25,500 lbs. GVWR, Standard Cab and Chassis, 120 inch CA, with a Stake Bed Body and a Heavy Duty Hydraulic Liftgate. Parks & Recreation Department - Lease Purchase Series HT -5 Crane Truck, 33,000 lbs. GVWR, 168 inch CA, Standard Cab and Chassis, with a 18' Flat Bed Body and a Front - Mounted Crane Rated 36,000 lbs. @ 5 ft. Radius, (National Crane Model # 571 E2 or Altec Crane Model # AC18- 70B). Parks & Recreation Dept. - Lease Purchase Series HT -4, 33,000 lbs. GVWR, Crew Cab and Chassis, 84 inch CA, with Service Body (RKI - E84DW94 or Equal) and a Built -In Hydraulic Power Supply. Water Dept. - Purchase 4 1 1 1 1 2 each each each each each each $84,654 $86,826 $124,425 $76,889 $186,072 $101,989 $338,616 $86,826 $124,425 $76,889 $186,072 $203,978 $102,166 $104,177 NO BID $73,078 NO BID NO BID $408,664 $104,177 $73,078 $84,962 $87,092 $129,162 $82,312 $187,462 $104,562 $339,848 $87,092 $129,162 $82,312 $187,462 $209,124 $90,871 NO BID $132,536 NO BID NO BID NO BID $363,484 $132,536 7 8 9 Series HT -3, 25,500 lbs. 1 GVWR, Crew Cab and Chassis, 102 inch CA, equipped with 3 cubic yard Dump Body. Gas Dept. - Purchase Dump Truck, 56,000 1 GVWR, 108" CT, with 10- 12 cubic yard Dump Body. Storm Water Dept. - Purchase Dump Truck, 56,000 3 GVWR, 108" CT, Standard Cab and Chassis, with 10 -12 cubic yard Dump Body. Street Dept. - Lease Purchase Total Award: each each each $81,472 $107,813 $108,803 $81,472 $107,813 $326,409 $76,319 $118,717 $119,742 $76,319 $118,717 $359,226 $1,374,139 $149,397 Grand Total: $1,523,536 $90,212 $110,062 $111,062 $90,212 $110,062 $333,186 NO BID $112,935 $111,048 $112,935 $333,144 (1) Although Santex Truck Center, Ltd. submitted the bid from their San Antonio office, they will be delivering and servicing the chassis from their Corpus Christi franchise located at 7745 IH -37 in Corpus Christi, TX. Additionally, with the exception of line item 3, all bodies and ancillary equipment will be installed by Truckers' Equipment located at 1501 N. Port Ave., Corpus Christi, TX. AGENDA MEMORANDUM for the City Council Meeting of July 31, 2012 DATE: 7/31/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services MikeB(a)cctexas.com 361- 826 -3169 Jim Davis, Director of General Services Jim D(a7cctexas. cam 361- 826 -1909 Robert Rocha, Fire Chief Rrocha(a�cctexas. com 361- 8263932 Unleaded Gasoline and Diesel Purchased at Commercial Locations CAPTION: Motion approving a supply agreement with Stripes LLC, Corpus Christi, Texas for standard gasoline and ultra -low sulfur diesel fuel in accordance with Bid Invitation No. BI- 0194 -12 based on only bid for an estimated annual expenditure of $4,435,881.68. The term of the agreement will be for twelve months with options to extend for up to two additional twelve -month periods, subject to the approval of the supplier and the City Manager, or designee. Funds have been budgeted by Maintenance Services and the Fire Department in FY 2011 -2012 and requested for FY 2012 -2013. BACKGROUND AND FINDINGS: The City's Municipal Service Center Fuel Station will be undergoing renovation and will be closed for approximately three (3) months. This supply agreement will provide the required fuel during the renovation period and will provide a contingency plan for fuel during the term of the agreement. This supply agreement will also allow Police and Fire personnel to fill up their respective vehicles at locations that are in close proximity to their assigned areas. This allows for improved response time for emergencies that may arise while servicing the vehicle with fuel. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This supply agreement conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Fire Department and Maintenance Services FINANCIAL IMPACT: Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $6,355,927.00 $4,435,881.68 $10,791,808.68 Encumbered / Expended Amount $3,944,582.93 $0.00 $3,944,582.93 This item $0.00 $4,435,881.68 $4,435,881.68 BALANCE $2,411,344.07 $0.00 $2,411,344.07 Fund(s): General Fund No. 1020 and Maintenance Service Fund No. 5110 Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Approvals: Veronica Ocanas, Assistant City Attorney Jim Davis, Director of General Services Robert Rocha, Fire Chief Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager BID TABULATION NO. BI- 0194 -12 SUPPLY AGREEMENT FOR GASOLINE AND DIESEL FUEL COUNCIL DATE: JULY 31, 2012 BID ITEM 1.1 DESCRIPTION QTY STRIPES LLC CORPUS CHRISTI, TX Unleaded Gasoline to be purchased at Commercial Locations 555,500 2.1 Ultra -Low Sulfur Diesel to be purchased at Commercial Locations 423,400 CONTINGENCY PLAN 3.1 Unleaded Gasoline to be purchased at Commercial Locations 200,000 4.1 Ultra -Low Sulfur Diesel to be purchased at Commercial Locations 300,000 $2.97 $1,649,835.00 $3.03 $1,282,986.68 $2.97 $594,000.00 $3.03 $909,060.00 AWARD TOTAL: $4,435,881.68 NOTE: This tabulation is prepared for evaluation purposes. Unit prices were determined by applying the mark -up /mark -down in relation to the Corpus Christi OPIS prices as of 5/23/12: Unleaded Gasoline / Commercial Locations Diesel Fuel / Commercial Locations CC OPIS Date $2.8900 5/23/2012 $2.9502 5/23/2012 COMMERICAL LOCATIONS Unleaded Gasoline - At the Pump Diesel Fuel - At the Pump C.C. OPIS $2.8900 C.C. OPIS $2.9502 Stripes LLC .08 Stripes LLC .08 City Cost $2.9700 City Cost $3.0302 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 24, 2012 Action Item for the City Council Meeting of July 31, 2012 DATE: TO: July 16, 2012 Ronald L. Olson, City Manager FROM: Armando Chapa, City Secretary (361) 826 -3105 armandoc@cctexas.com Disbursement of Council Member John Marez Annual Salary for FY2011 -2012 CAPTION: Motion authorizing the City Manager or his designee to execute an agreement with South Texas Council of Boy Scouts in the amount of $1,500,Tennis for Success in the amount of $500; and funds to be distributed to the following City projects: HEB Tennis Center in the amount of $2,000 and Parks, Arts, Leisure & Seniors (P.A.L.S.) — Lindale Park in the amount of $2,000, to receive the FY2011 -2012 council salary funds not receivable by Council Member John Marez in support of programs provided by their organizations in the City of Corpus Christi. PURPOSE: Council Member John Marez is ineligible to receive council salary due to his employment with the State of Texas. The city's legal department has issued an opinion that these funds can be distributed to non - profit organizations as long as a public purpose is met. Council Member Marez is recommending South Texas Council of Boy Scouts, Tennis for Success, Parks, Arts, Leisure & Seniors (P.A.L.S.) and HEB Tennis Center to receive these funds. ALTERNATIVES: Not Applicable. OTHER CONSIDERATIONS: Not Applicable. CONFORMITY TO CITY POLICY: The legal department has issued an opinion that these funds can be distributed to non - profit organizations. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: The funds are allocated in the FY 2011 -2012 City Council Organization. Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 73,700.44 73,700.44 Encumbered / Expended Amount This item 6,000.00 6,000.00 BALANCE 67,700.44 67,700.44 RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Agreements AGREEMENT CONCERNING PAYMENT OF FUNDS IN SUPPORT OF TENNIS SUCCESS, INC. The City of Corpus Christi (the "City ") and Tennis Success, Inc. a Texas nonprofit corporation, (the "Contractor "), make this Agreement concerning payment of funds in support of the programs provided by the Contractor. The City and the Contractor agree: 1. The parties acknowledge that the Contractor provides youth tennis programs ( "Programs). 2. The City will reimburse the Contractor up to $500.00 for its costs incurred during the period of August 1, 2012 to July 31, 2013, to provide the Programs. Requests for reimbursement shall be submitted to the City Secretary, 1201 Leopard, Corpus Christi, Texas 78401. 3. The Contractor shall provide all Programs in compliance with applicable Federal, State, and Local laws. 4. The Contractor shall allow the City to review the books and records of the Contractor to monitor the disposition of the funds paid under this Agreement. Such review of books and records would take place during normal business hours of Contractor and may include an audit. 5. Should any audit or other review indicate that any City funds have been applied to uses other than those herein stated without the express and prior written approval of the City Manager, or his designee, Contractor shall repay the City funds within 30 days written notice. 6. This Agreement may be amended at any time by written agreement of the City and Contractor. Notices to the Contractor shall be addressed to via email tennissuccess @aol.com, This Agreement takes effect upon execution by City Manager. SIGNED AND AGREED UPON, this the ATTEST: By: Armando Chapa, City Secretary Date: Tennis Success Inc. By: Name: nA M Title: Co' day of ,2012 CITY OF CORPUS CHRISTI By: Ronald L. Olson, City Manager Date: Date: 2 — 14-1 AGREEMENT CONCERNING PAYMENT OF FUNDS IN SUPPORT OF SOUTH TEXAS COUNCIL OF BOY SCOUTS — COASTAL PLAINS DISTRICT The City of Corpus Christi (the "City ") and South Texas Council of Boy Scouts -- Coastal Plains District. a Texas nonprofit corporation, (the "Contractor "), make this Agreement concerning payment of funds in support of the programs provided by the Contractor. The City and the Contractor agree: 1. The parties acknowledge that the Contractor provides youth outdoor activities ( "Programs). 2. The City will reimburse the Contractor up to $1,500.00 for its costs incurred during the period of August 1, 2012 to July 31, 2013, to provide the Programs. Requests for reimbursement shall be submitted to the City Secretary, 1201 Leopard, Corpus Christi, Texas 78401. 3. The Contractor shall provide all Programs in compliance with applicable Federal, State, and Local laws. 4. The Contractor shall allow the City to review the books and records of the Contractor to monitor the disposition of the funds paid under this Agreement. Such review of books and records would take place during normal business hours of Contractor and may include an audit. 5. Should any audit or other review indicate that any City funds have been applied to uses other than those herein stated without the express and prior written approval of the City Manager, or his designee, Contractor shall repay the City funds within 30 days written notice. 6. This Agreement may be amended at any time by written agreement of the City and Contractor. Notices to the Contractor shall be addressed to. South Texas Council of Boy Scouts — Coastal Plains District via email to Jeremy.barnes @scouting.org. This Agreement takes effect upon execution by City Manager. SIGNED AND AGREED UPON, this the ATTEST: By: Armando Chapa, City Secretary Date: • day of ,2012 CITY OF CORPUS CHRISTI By: Ronald L. Olson, City Manager Date: South Texas Council of Boy Scouts — Coastal Plains District By: -3eArevAl 3ow A —Date: 7 fl £/i 2., Name: Title: « DiStr i c Mtn AGENDA MEMORANDUM Action Item for the City Council Meeting of July 31, 2012 DATE: TO: 7/18/12 Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha @cctexas.com (361) 826-3932 Application for a Department of Homeland Security- Staffing for Adequate Fire and Emergency Response (SAFER) Grant. CAPTION: Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $3,380,824 to the United States Department of Homeland Security — Staffing for Adequate Fire and Emergency Response (SAFER) Grants Program to hire 34 firefighters within the Fire Department and authorizing the City Manager, or designee, to apply for, accept, reject, alter or terminate the grant. PURPOSE: Currently, the Fire Department has 34 positions vacant through attrition. The Staffing for Adequate Fire and Emergency Response (SAFER) Grants Program is a competitive grant program designed to provide financial assistance to help fire departments increase frontline firefighters, rehire firefighters that have been laid off, retain firefighters facing imminent layoffs, or fill positions that were vacated through attrition. • The SAFER grant will provide 100% funding for approved entry-level salaries and fringe benefits of full - time firefighters for 24 months of grant funding. • There is no local match required for the SAFER Grant; however grant funding requests must be based on the current full -time entry level salary and fringe benefits package for a firefighter. • Grantees under the SAFER Grant who layoff any firefighters during the two -year period of performance will be considered in default of their grant and the award will be terminated. • Grantees under the SAFER Grant must agree to maintain the funded positions as well as the number of positions declared at the time of the award throughout the two -year period of performance unless the grantee has been afforded a waiver of this requirement. • This grant will not add more positions to the department's current approved staffing level. ALTERNATIVES: If we don't apply for the grant, we will have to fund current vacancies through the City's General Fund. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of Resolution to submit grant application. EMERGENCY / NON - EMERGENCY: Staff is requesting an emergency reading. According to Article II, Section 14 of the City Charter, an item can be classified as an emergency because it calls for "immediate action necessary for the efficient and effective administration of the city's affairs ". This is a routine, non - controversial item. ) DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget FINANCIAL IMPACT: Not applicable ❑ 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 BALANCE Fund(s): Comments: After two years the City will have to pick up the salaries and fringe benefits of the 34 firefighters. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Grant Application Resolution Approvals: Joseph Brice, Assistant City Attorney Constance P. Sanchez, Director of Finance Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager Page 1 of 2 Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $3,380,824 to the United States Department of Homeland Security — Staffing for Adequate Fire and Emergency Response (SAFER) Grants Program to hire 34 additional firefighters within the Fire Department and authorizing the City Manager, or designee, to apply for, accept, reject, alter or terminate the grant. Be it Resolved by the City Council of the City of Corpus Christi, Texas that: Section 1. The City Manager, or designee, is authorized to submit a grant application in the amount of $3,380,824 to the United States Department of Homeland Security — Staffing for Adequate Fire and Emergency Response (SAFER) to hire 34 additional firefighters within the Fire Department. Section 2. The City Manager, or designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. Section 3. In the event of the loss or misuse of the United States Department of Homeland Security — Staffing for Adequate Fire and Emergency Response (SAFER) Grants Program funds, the City of Corpus Christi assures that the funds will be returned to the United States Department of Homeland Security — Staffing for Adequate Fire and Emergency Response (SAFER) in full. 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 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 24, 2012 Second Reading Ordinance for the City Council Meeting of July 31, 2012 DATE: TO: FROM: July 10, 2012 Ronald L. Olson, City Manager Gustavo Gonzales, Director of Water Operations GustavoGo@cctexas.com 826 -1874 Ordinance Appropriating Balance in Raw Water Supply Development Fund CAPTION: Ordinance appropriating July 31, 2012 balance in the Raw Water Supply Development Fund, currently estimated to be $4,751,216, in the Fund 4010 Water Fund; transferring to Fund 4041 Raw Water Supply Development Fund. PURPOSE: To consolidate the revenues from Raw Water Supply Development Fund charges into the Water Supply Development Reserve Fund. BACKGROUND AND FINDINGS: Water Supply Development charges of $0.05/1,000 gallons gas been included in the Raw Water Charges account since Fiscal Year 2011 and held in a reserve account within the Water Operating Fund 4010. Beginning in Fiscal Year 2013, a separate fund, Fund 4041, will be set up to account for these revenues. A transfer of the revenues received through July 31, 2012, is necessary to consolidate the Water Supply Development Reserve into the same fund. ALTERNATIVES: Maintaining the Water Supply Development Reserve in two different places. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: The Ordinance complies with City Policy. EMERGENCY / NON - EMERGENCY: None. DEPARTMENTAL CLEARANCES: Financial Services Office of 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 $4,751,216.00 $4,751,216.00 Encumbered / Expended Amount This item $4,751,216.00 $4,751,216.00 BALANCE 0.00 0.00 Fund(s): 4010 Water Comments: RECOMMENDATION: Approval of the Ordinance as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance Page 1 of 2 Ordinance appropriating July 31, 2012 balance in the Raw Water Supply Development Fund, currently estimated to be $4,751,216, in the Fund 4010 Water Fund; transferring to Fund 4041 Raw Water Supply Development Fund. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 11. That the balance in the Raw Water Supply Development Fund as of July 31, 2012, approximately $4,751,216, in the Fund 4010 Water Fund, is appropriated and transferred to Fund 4041 Raw Water Supply Development Fund, for purposes as described in Section 55 -50 (b)(14), as amended. Page 2of2 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 July 31, 2012 DATE: July 30, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com, (361) 826 -3729 Constance P. Sanchez, Director of Finance constancep@a cctexas.com, (361) 826 -3227 Ordinances Appropriating Fund Proceeds CAPTION: A. Ordinance appropriating $3,917.52 in AIRPORT CIP interest earnings in the funds as listed in Attachment 1, Section 1 for the City's match for future FAA Grant Projects; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $3,917.52. B. Ordinance appropriating $164,518.87 in BOND PROCEED interest earnings for Bayfront, Public Health and Safety, Fire, Police, Sanitary Landfill, Library, Convention Center, Parks, and Streets in the funds as listed in Attachment 1, Section 2 for the stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $164,518.87. C. Ordinance appropriating $68,927.94 in UTILITY REVENUE BOND interest earnings as listed in Attachment 1, Section 3 for the support of the City's approved Capital Improvement Program; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $68,927.94. D. Ordinance appropriating $91,997.53 in SPECIALTY BOND PROCEED interest earnings, contributions for Buddy Lawrence house moving, downtown clean -up, and to aid construction, Texas Department of Transportation refund, Public Right of Way fees, reimbursement from the Regional Transportation Authority, Sales Tax Bonds for the Seawall and Arena, Packery Channel Bonds, and Generic Capital Improvement Funds as listed in Attachment 1, Section 4 for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type A Board; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $91,997.53. E. Ordinance appropriating $166,826.76 in STREET ASSESSMENTS as listed in Attachment 1, Section 5 for the repayment of approved assessment projects; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $166,826.76. F. Ordinance amending Ordinance No 029144 to reduce the amount appropriated of bond proceeds interest earnings and bond company settlement proceeds to $459,138.91; revising the amount of increase in FY 2010 -2011 Capital Improvement Budget expenditure to $459,138.91; amending Ordinance No. 029146 to reduce the amount appropriated of Specialty Bond Proceeds interest earnings to $32,929.58; revising the amount of increase in FY 2010 -2011 Capital Improvement Budget expenditures to $32,929.58. PURPOSE: This item will appropriate all unappropriated capital proceeds accrued through April 30, 2012 in the City's Capital Improvement Program Funds and correct a prior appropriation. BACKGROUND AND FINDINGS: These unappropriated capital revenues come from a variety of sources including interest earnings, miscellaneous revenues collected, contributions and donations, fees, and reimbursements. (See Attachment A). This is a routine practice to efficiently manage City finances. This item will provide additional funds which can be used for approved projects and debt service payments. This also facilitates the closure of older funds to comply with arbitrage regulations and is a responsible fiduciary practice for governmental accounting. ALTERNATIVES: 1. Do not appropriate funds (not recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to statutes regarding the City's financial policies. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Finance Department FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount This item 494,146.69 494,146.69 BALANCE 494,146.69 494,146.69 Fund(s): This item will appropriate $494,146.69 in interest and other revenues to the funds listed in Attachment One. RECOMMENDATION: City Staff recommend the approval of this item so the unappropriated funds can be appropriated into their corresponding funds. LIST OF SUPPORTING DOCUMENTS: Attachment One Ordinance One Ordinance Two Ordinance Three Ordinance Four Ordinance Five Ordinance Six CITY OF CORPUS CHRISTI UNAPPROPRIATED CAPITAL FUNDS As of April 30, 2012 ATTACHMENT ONE SECTION 1 : AIRPORT 3020A Airport CIP Fund (Capital Reserves) 3020B Airport CIP Fund (Other) 3024 Airport 2000A CIP Fund (Rev. Bds.) SECTION 2 : BOND PROCEEDS 3125 Bayfront Dev 2008 Tax Notes 3126 Bayfront Dev 2009 GO (Bond 2004) 3127 Bayfront Dev 2009 CO (Bond 2004) 3371 Health Rehab 2009 (Bond 2008) 3191 Fire Improvements 2009 (Bond 2008) 3341 Police Improvements 2009 (Bond 2008) 3362 Sanitary Landfill 2006 3365 Sanitary Landfill 2008 (CO) 3226 Library 2009 CIP (Bond 08) 3182 Convention Center 2010 CIP Fund (CO) 3289 Park & Rec 2005 CIP Fund (GO) 3290 Park & Rec 2008 Tax Notes 3291 Park & Rec 2009 GO (Bond 2008) 3292 Park & Rec 2010 GO (Bond 2008) 3541 Street 2005 CIP Fund (GO) 3544 Street 2007A (CIP) 3545 Street 2008 Tax Notes 3546 Street 2009 GO (bond 08) 3548 Street 2012 GO CIP Fd Bond 08 157.23 3,036.85 723.44 AIRPORT TOTAL 3,917.52 241.45 14,522.23 429.03 BAYFRONT TOTAL 15,192.71 265.77 4,290.84 254.93 539.46 2,407.68 PUBLIC H &S TOTAL 7,758.68 1,185.39 LIBRARY TOTAL 1,185.39 4,875.11 328.14 123.96 149.97 16,383.25 PARK TOTAL 16,985.32 2,927.99 20,128.07 80.87 81,759.12 13,625.61 STREET TOTAL 118,521.66 BOND PROCEEDS TOTAL 164,518.87 SECTION 3 : REVENUE BONDS 4526 StormWater 2009 (Rev - Bond 2008) 4528 Storm Water 2010A (Rev) 4529 Storm Water 2010B (Rev Babs) 4551 Gas 2009 (Rev) (08 bonds) 4554 Gas 2010B (Rev) 4084 Water 2002 CIP Fund (Rev. Bds.) 4087 Water 2010 TWDB - WIF Loan (Rev) 4476 Water 2009 (Rev bond 2008) 4478 Water 2010A (rev) 4479 Water 2010B (rev) 4501 Wastewater 2009 (Bond 2008 rev bnds) 4503 Wastewater 2010A (Rev bds) 4504 Wastewater 2010B (Rev bds BABs) SECTION 4 : SPECIALTY BONDS & OTHER CIP 3489 StormWater 2007 A -1 (TMPC CO) 4246 Wastewater 2007A -1 (TMPC CO) 3542 Street 2007A -1 CIP Fund (TMPC -GO) 3543 Street 2007 -A -1 (TMPC -CO) 3,331.16 621.05 13,15 2.01 STORM WATER TOTAL 17,104.22 478.95 102.10 GAS TOTAL 581.05 (207.64) 37, 206.23 2,467.43 1,745.05 5,556.23 WATER TOTAL 46,767.30 347.00 278.05 3,850.32 WASTEWATER TOTAL 4,475.37 REVENUE BONDS TOTAL 68,927.94 3270 Seawall CIP Fund (2002 Sales Tax Rev.Bds) 3271 Seawall System CIP Fund 3278 Packery Channel Projects TIF #2 3161 Energy Effncy CIP 2012 PPFCO 3160 City Hall CIP Fund 3280 Park CIP Fund 3430 Wastewater CIP Fund 3480 StormWater CIP Fund 3530 Street CIP Fund 4080 Water CIP Fund 4510 Wastewater Capital Reserves 803.45 134.83 631.48 1,401.88 TMPC TOTAL 2,971.64 353.27 609.81 SALES TAX BOND TOTAL 963.08 1,547.12 2,041.93 (9.09) 51, 649.73 (1,719.83) 1,359.22 28,653.80 417.73 4,122.20 GENERIC CIP TOTAL 84,473.76 SPECIALTY BOND TOTAL 91,997.53 SECTION 5 : OTHER UNAPPROPRIATED FUNDS 3530 Street Assessments 166,826.76 SECTION 6: CORRECT PRIOR APPROPRIATIONS 3125 Bayfront Dev 2008 Tax Notes 3530 Street CIP Fund CORRECTION TOTAL Revenue detail - (Funds with revenue other than interest) 3280 Interest Contribution -Buddy Lawrence House Moving Misc. TXDOT Refund 7/17/07 Contribution - Downtown clean up 3480 Interest Contributions to aid construction 3530 Interest RTA - Reimbursement for Ferry Landing Exp Public Right of Way Fees (31,410.00) (325,394.83) (356,804.83) (2,867.53) 25,000.00 659.64 28,857.62 51,649.73 1,359.22 1,359.22 2,153.80 25,000.00 1,500.00 28,653.80 Ordinance appropriating $3,917.52 in Airport Capital Improvement Plan (CIP) interest earnings in the funds as listed in Attachment 1, Section 1 for the City's match for future FAA Grant Projects; changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $3,917.52. NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: Section 1. An amount of $3,917.52 in Airport Capital Improvement Plan (CIP) interest earnings is appropriated in the funds as listed in Attachment 1, Section 1 for the City's match for future FAA Grant Projects. Section 2. The FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 is changed to increase expenditures by $3,917.52. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary 0010_3_Ordinance One - Airport CIP Joe Adame Mayor 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 0010_3_Ordinance One - Airport CIP Joe Adame Mayor AGENDA MEMORANDUM for the City Council Meeting of July 31, 2012 DATE: July 30, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com, (361) 826 -3729 Constance P. Sanchez, Director of Finance constancep@a cctexas.com, (361) 826 -3227 Ordinances Appropriating Fund Proceeds CAPTION: A. Ordinance appropriating $3,917.52 in AIRPORT CIP interest earnings in the funds as listed in Attachment 1, Section 1 for the City's match for future FAA Grant Projects; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $3,917.52. B. Ordinance appropriating $164,518.87 in BOND PROCEED interest earnings for Bayfront, Public Health and Safety, Fire, Police, Sanitary Landfill, Library, Convention Center, Parks, and Streets in the funds as listed in Attachment 1, Section 2 for the stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $164,518.87. C. Ordinance appropriating $68,927.94 in UTILITY REVENUE BOND interest earnings as listed in Attachment 1, Section 3 for the support of the City's approved Capital Improvement Program; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $68,927.94. D. Ordinance appropriating $91,997.53 in SPECIALTY BOND PROCEED interest earnings, contributions for Buddy Lawrence house moving, downtown clean -up, and to aid construction, Texas Department of Transportation refund, Public Right of Way fees, reimbursement from the Regional Transportation Authority, Sales Tax Bonds for the Seawall and Arena, Packery Channel Bonds, and Generic Capital Improvement Funds as listed in Attachment 1, Section 4 for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type A Board; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $91,997.53. E. Ordinance appropriating $166,826.76 in STREET ASSESSMENTS as listed in Attachment 1, Section 5 for the repayment of approved assessment projects; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $166,826.76. F. Ordinance amending Ordinance No 029144 to reduce the amount appropriated of bond proceeds interest earnings and bond company settlement proceeds to $459,138.91; revising the amount of increase in FY 2010 -2011 Capital Improvement Budget expenditure to $459,138.91; amending Ordinance No. 029146 to reduce the amount appropriated of Specialty Bond Proceeds interest earnings to $32,929.58; revising the amount of increase in FY 2010 -2011 Capital Improvement Budget expenditures to $32,929.58. PURPOSE: This item will appropriate all unappropriated capital proceeds accrued through April 30, 2012 in the City's Capital Improvement Program Funds and correct a prior appropriation. BACKGROUND AND FINDINGS: These unappropriated capital revenues come from a variety of sources including interest earnings, miscellaneous revenues collected, contributions and donations, fees, and reimbursements. (See Attachment A). This is a routine practice to efficiently manage City finances. This item will provide additional funds which can be used for approved projects and debt service payments. This also facilitates the closure of older funds to comply with arbitrage regulations and is a responsible fiduciary practice for governmental accounting. ALTERNATIVES: 1. Do not appropriate funds (not recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to statutes regarding the City's financial policies. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Finance Department FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount This item 494,146.69 494,146.69 BALANCE 494,146.69 494,146.69 Fund(s): This item will appropriate $494,146.69 in interest and other revenues to the funds listed in Attachment One. RECOMMENDATION: City Staff recommend the approval of this item so the unappropriated funds can be appropriated into their corresponding funds. LIST OF SUPPORTING DOCUMENTS: Attachment One Ordinance One Ordinance Two Ordinance Three Ordinance Four Ordinance Five Ordinance Six CITY OF CORPUS CHRISTI UNAPPROPRIATED CAPITAL FUNDS As of April 30, 2012 ATTACHMENT ONE SECTION 1 : AIRPORT 3020A Airport CIP Fund (Capital Reserves) 3020B Airport CIP Fund (Other) 3024 Airport 2000A CIP Fund (Rev. Bds.) SECTION 2 : BOND PROCEEDS 3125 Bayfront Dev 2008 Tax Notes 3126 Bayfront Dev 2009 GO (Bond 2004) 3127 Bayfront Dev 2009 CO (Bond 2004) 3371 Health Rehab 2009 (Bond 2008) 3191 Fire Improvements 2009 (Bond 2008) 3341 Police Improvements 2009 (Bond 2008) 3362 Sanitary Landfill 2006 3365 Sanitary Landfill 2008 (CO) 3226 Library 2009 CIP (Bond 08) 3182 Convention Center 2010 CIP Fund (CO) 3289 Park & Rec 2005 CIP Fund (GO) 3290 Park & Rec 2008 Tax Notes 3291 Park & Rec 2009 GO (Bond 2008) 3292 Park & Rec 2010 GO (Bond 2008) 3541 Street 2005 CIP Fund (GO) 3544 Street 2007A (CIP) 3545 Street 2008 Tax Notes 3546 Street 2009 GO (bond 08) 3548 Street 2012 GO CIP Fd Bond 08 157.23 3,036.85 723.44 AIRPORT TOTAL 3,917.52 241.45 14,522.23 429.03 BAYFRONT TOTAL 15,192.71 265.77 4,290.84 254.93 539.46 2,407.68 PUBLIC H &S TOTAL 7,758.68 1,185.39 LIBRARY TOTAL 1,185.39 4,875.11 328.14 123.96 149.97 16,383.25 PARK TOTAL 16,985.32 2,927.99 20,128.07 80.87 81,759.12 13,625.61 STREET TOTAL 118,521.66 BOND PROCEEDS TOTAL 164,518.87 SECTION 3 : REVENUE BONDS 4526 StormWater 2009 (Rev - Bond 2008) 4528 Storm Water 2010A (Rev) 4529 Storm Water 2010B (Rev Babs) 4551 Gas 2009 (Rev) (08 bonds) 4554 Gas 2010B (Rev) 4084 Water 2002 CIP Fund (Rev. Bds.) 4087 Water 2010 TWDB - WIF Loan (Rev) 4476 Water 2009 (Rev bond 2008) 4478 Water 2010A (rev) 4479 Water 2010B (rev) 4501 Wastewater 2009 (Bond 2008 rev bnds) 4503 Wastewater 2010A (Rev bds) 4504 Wastewater 2010B (Rev bds BABs) SECTION 4 : SPECIALTY BONDS & OTHER CIP 3489 StormWater 2007 A -1 (TMPC CO) 4246 Wastewater 2007A -1 (TMPC CO) 3542 Street 2007A -1 CIP Fund (TMPC -GO) 3543 Street 2007 -A -1 (TMPC -CO) 3,331.16 621.05 13,15 2.01 STORM WATER TOTAL 17,104.22 478.95 102.10 GAS TOTAL 581.05 (207.64) 37, 206.23 2,467.43 1,745.05 5,556.23 WATER TOTAL 46,767.30 347.00 278.05 3,850.32 WASTEWATER TOTAL 4,475.37 REVENUE BONDS TOTAL 68,927.94 3270 Seawall CIP Fund (2002 Sales Tax Rev.Bds) 3271 Seawall System CIP Fund 3278 Packery Channel Projects TIF #2 3161 Energy Effncy CIP 2012 PPFCO 3160 City Hall CIP Fund 3280 Park CIP Fund 3430 Wastewater CIP Fund 3480 StormWater CIP Fund 3530 Street CIP Fund 4080 Water CIP Fund 4510 Wastewater Capital Reserves 803.45 134.83 631.48 1,401.88 TMPC TOTAL 2,971.64 353.27 609.81 SALES TAX BOND TOTAL 963.08 1,547.12 2,041.93 (9.09) 51, 649.73 (1,719.83) 1,359.22 28,653.80 417.73 4,122.20 GENERIC CIP TOTAL 84,473.76 SPECIALTY BOND TOTAL 91,997.53 SECTION 5 : OTHER UNAPPROPRIATED FUNDS 3530 Street Assessments 166,826.76 SECTION 6: CORRECT PRIOR APPROPRIATIONS 3125 Bayfront Dev 2008 Tax Notes 3530 Street CIP Fund CORRECTION TOTAL Revenue detail - (Funds with revenue other than interest) 3280 Interest Contribution -Buddy Lawrence House Moving Misc. TXDOT Refund 7/17/07 Contribution - Downtown clean up 3480 Interest Contributions to aid construction 3530 Interest RTA - Reimbursement for Ferry Landing Exp Public Right of Way Fees (31,410.00) (325,394.83) (356,804.83) (2,867.53) 25,000.00 659.64 28,857.62 51,649.73 1,359.22 1,359.22 2,153.80 25,000.00 1,500.00 28,653.80 Ordinance appropriating $164,518.87 in BOND PROCEED interest earnings for Bayfront, Public Health and Safety, Fire, Police, Sanitary Landfill, Library, Convention Center, Parks, and Streets in the funds as listed in Attachment 1, Section 2 for the stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $164,518.87. NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: Section 1. An amount of $164,518.87 in Bond Proceed interest earnings is appropriated in the funds as listed in Attachment 1, Section 2 for the City's match for stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service. Section 2. The FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 is changed to increase expenditures by $164,518.87. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary 0011 3 Ordinance Two - Bond Proceed Joe Adame Mayor 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 0011 3 Ordinance Two - Bond Proceed Joe Adame Mayor AGENDA MEMORANDUM for the City Council Meeting of July 31, 2012 DATE: July 30, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com, (361) 826 -3729 Constance P. Sanchez, Director of Finance constancep@a cctexas.com, (361) 826 -3227 Ordinances Appropriating Fund Proceeds CAPTION: A. Ordinance appropriating $3,917.52 in AIRPORT CIP interest earnings in the funds as listed in Attachment 1, Section 1 for the City's match for future FAA Grant Projects; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $3,917.52. B. Ordinance appropriating $164,518.87 in BOND PROCEED interest earnings for Bayfront, Public Health and Safety, Fire, Police, Sanitary Landfill, Library, Convention Center, Parks, and Streets in the funds as listed in Attachment 1, Section 2 for the stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $164,518.87. C. Ordinance appropriating $68,927.94 in UTILITY REVENUE BOND interest earnings as listed in Attachment 1, Section 3 for the support of the City's approved Capital Improvement Program; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $68,927.94. D. Ordinance appropriating $91,997.53 in SPECIALTY BOND PROCEED interest earnings, contributions for Buddy Lawrence house moving, downtown clean -up, and to aid construction, Texas Department of Transportation refund, Public Right of Way fees, reimbursement from the Regional Transportation Authority, Sales Tax Bonds for the Seawall and Arena, Packery Channel Bonds, and Generic Capital Improvement Funds as listed in Attachment 1, Section 4 for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type A Board; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $91,997.53. E. Ordinance appropriating $166,826.76 in STREET ASSESSMENTS as listed in Attachment 1, Section 5 for the repayment of approved assessment projects; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $166,826.76. F. Ordinance amending Ordinance No 029144 to reduce the amount appropriated of bond proceeds interest earnings and bond company settlement proceeds to $459,138.91; revising the amount of increase in FY 2010 -2011 Capital Improvement Budget expenditure to $459,138.91; amending Ordinance No. 029146 to reduce the amount appropriated of Specialty Bond Proceeds interest earnings to $32,929.58; revising the amount of increase in FY 2010 -2011 Capital Improvement Budget expenditures to $32,929.58. PURPOSE: This item will appropriate all unappropriated capital proceeds accrued through April 30, 2012 in the City's Capital Improvement Program Funds and correct a prior appropriation. BACKGROUND AND FINDINGS: These unappropriated capital revenues come from a variety of sources including interest earnings, miscellaneous revenues collected, contributions and donations, fees, and reimbursements. (See Attachment A). This is a routine practice to efficiently manage City finances. This item will provide additional funds which can be used for approved projects and debt service payments. This also facilitates the closure of older funds to comply with arbitrage regulations and is a responsible fiduciary practice for governmental accounting. ALTERNATIVES: 1. Do not appropriate funds (not recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to statutes regarding the City's financial policies. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Finance Department FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount This item 494,146.69 494,146.69 BALANCE 494,146.69 494,146.69 Fund(s): This item will appropriate $494,146.69 in interest and other revenues to the funds listed in Attachment One. RECOMMENDATION: City Staff recommend the approval of this item so the unappropriated funds can be appropriated into their corresponding funds. LIST OF SUPPORTING DOCUMENTS: Attachment One Ordinance One Ordinance Two Ordinance Three Ordinance Four Ordinance Five Ordinance Six CITY OF CORPUS CHRISTI UNAPPROPRIATED CAPITAL FUNDS As of April 30, 2012 ATTACHMENT ONE SECTION 1 : AIRPORT 3020A Airport CIP Fund (Capital Reserves) 3020B Airport CIP Fund (Other) 3024 Airport 2000A CIP Fund (Rev. Bds.) SECTION 2 : BOND PROCEEDS 3125 Bayfront Dev 2008 Tax Notes 3126 Bayfront Dev 2009 GO (Bond 2004) 3127 Bayfront Dev 2009 CO (Bond 2004) 3371 Health Rehab 2009 (Bond 2008) 3191 Fire Improvements 2009 (Bond 2008) 3341 Police Improvements 2009 (Bond 2008) 3362 Sanitary Landfill 2006 3365 Sanitary Landfill 2008 (CO) 3226 Library 2009 CIP (Bond 08) 3182 Convention Center 2010 CIP Fund (CO) 3289 Park & Rec 2005 CIP Fund (GO) 3290 Park & Rec 2008 Tax Notes 3291 Park & Rec 2009 GO (Bond 2008) 3292 Park & Rec 2010 GO (Bond 2008) 3541 Street 2005 CIP Fund (GO) 3544 Street 2007A (CIP) 3545 Street 2008 Tax Notes 3546 Street 2009 GO (bond 08) 3548 Street 2012 GO CIP Fd Bond 08 157.23 3,036.85 723.44 AIRPORT TOTAL 3,917.52 241.45 14,522.23 429.03 BAYFRONT TOTAL 15,192.71 265.77 4,290.84 254.93 539.46 2,407.68 PUBLIC H &S TOTAL 7,758.68 1,185.39 LIBRARY TOTAL 1,185.39 4,875.11 328.14 123.96 149.97 16,383.25 PARK TOTAL 16,985.32 2,927.99 20,128.07 80.87 81,759.12 13,625.61 STREET TOTAL 118,521.66 BOND PROCEEDS TOTAL 164,518.87 SECTION 3 : REVENUE BONDS 4526 StormWater 2009 (Rev - Bond 2008) 4528 Storm Water 2010A (Rev) 4529 Storm Water 2010B (Rev Babs) 4551 Gas 2009 (Rev) (08 bonds) 4554 Gas 2010B (Rev) 4084 Water 2002 CIP Fund (Rev. Bds.) 4087 Water 2010 TWDB - WIF Loan (Rev) 4476 Water 2009 (Rev bond 2008) 4478 Water 2010A (rev) 4479 Water 2010B (rev) 4501 Wastewater 2009 (Bond 2008 rev bnds) 4503 Wastewater 2010A (Rev bds) 4504 Wastewater 2010B (Rev bds BABs) SECTION 4 : SPECIALTY BONDS & OTHER CIP 3489 StormWater 2007 A -1 (TMPC CO) 4246 Wastewater 2007A -1 (TMPC CO) 3542 Street 2007A -1 CIP Fund (TMPC -GO) 3543 Street 2007 -A -1 (TMPC -CO) 3,331.16 621.05 13,15 2.01 STORM WATER TOTAL 17,104.22 478.95 102.10 GAS TOTAL 581.05 (207.64) 37, 206.23 2,467.43 1,745.05 5,556.23 WATER TOTAL 46,767.30 347.00 278.05 3,850.32 WASTEWATER TOTAL 4,475.37 REVENUE BONDS TOTAL 68,927.94 3270 Seawall CIP Fund (2002 Sales Tax Rev.Bds) 3271 Seawall System CIP Fund 3278 Packery Channel Projects TIF #2 3161 Energy Effncy CIP 2012 PPFCO 3160 City Hall CIP Fund 3280 Park CIP Fund 3430 Wastewater CIP Fund 3480 StormWater CIP Fund 3530 Street CIP Fund 4080 Water CIP Fund 4510 Wastewater Capital Reserves 803.45 134.83 631.48 1,401.88 TMPC TOTAL 2,971.64 353.27 609.81 SALES TAX BOND TOTAL 963.08 1,547.12 2,041.93 (9.09) 51, 649.73 (1,719.83) 1,359.22 28,653.80 417.73 4,122.20 GENERIC CIP TOTAL 84,473.76 SPECIALTY BOND TOTAL 91,997.53 SECTION 5 : OTHER UNAPPROPRIATED FUNDS 3530 Street Assessments 166,826.76 SECTION 6: CORRECT PRIOR APPROPRIATIONS 3125 Bayfront Dev 2008 Tax Notes 3530 Street CIP Fund CORRECTION TOTAL Revenue detail - (Funds with revenue other than interest) 3280 Interest Contribution -Buddy Lawrence House Moving Misc. TXDOT Refund 7/17/07 Contribution - Downtown clean up 3480 Interest Contributions to aid construction 3530 Interest RTA - Reimbursement for Ferry Landing Exp Public Right of Way Fees (31,410.00) (325,394.83) (356,804.83) (2,867.53) 25,000.00 659.64 28,857.62 51,649.73 1,359.22 1,359.22 2,153.80 25,000.00 1,500.00 28,653.80 Ordinance appropriating $68,927.94 in UTILITY REVENUE BOND interest earnings as listed in Attachment 1, Section 3 for the support of the City's approved Capital Improvement Program; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $68,927.94. NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: Section 1. An amount of $68,927.94 in Utility Revenue Bond interest earnings is appropriated in the funds as listed in Attachment 1, Section 3 for the City's match for support of the City's approved Capital Improvement Program. Section 2. The FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 is changed to increase expenditures by $68,927.94. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary 0012_3_Ordinance Three - Utility Revenue Bond Joe Adame Mayor 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 0012_3_Ordinance Three - Utility Revenue Bond Joe Adame Mayor AGENDA MEMORANDUM for the City Council Meeting of July 31, 2012 DATE: July 30, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com, (361) 826 -3729 Constance P. Sanchez, Director of Finance constancep@a cctexas.com, (361) 826 -3227 Ordinances Appropriating Fund Proceeds CAPTION: A. Ordinance appropriating $3,917.52 in AIRPORT CIP interest earnings in the funds as listed in Attachment 1, Section 1 for the City's match for future FAA Grant Projects; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $3,917.52. B. Ordinance appropriating $164,518.87 in BOND PROCEED interest earnings for Bayfront, Public Health and Safety, Fire, Police, Sanitary Landfill, Library, Convention Center, Parks, and Streets in the funds as listed in Attachment 1, Section 2 for the stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $164,518.87. C. Ordinance appropriating $68,927.94 in UTILITY REVENUE BOND interest earnings as listed in Attachment 1, Section 3 for the support of the City's approved Capital Improvement Program; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $68,927.94. D. Ordinance appropriating $91,997.53 in SPECIALTY BOND PROCEED interest earnings, contributions for Buddy Lawrence house moving, downtown clean -up, and to aid construction, Texas Department of Transportation refund, Public Right of Way fees, reimbursement from the Regional Transportation Authority, Sales Tax Bonds for the Seawall and Arena, Packery Channel Bonds, and Generic Capital Improvement Funds as listed in Attachment 1, Section 4 for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type A Board; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $91,997.53. E. Ordinance appropriating $166,826.76 in STREET ASSESSMENTS as listed in Attachment 1, Section 5 for the repayment of approved assessment projects; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $166,826.76. F. Ordinance amending Ordinance No 029144 to reduce the amount appropriated of bond proceeds interest earnings and bond company settlement proceeds to $459,138.91; revising the amount of increase in FY 2010 -2011 Capital Improvement Budget expenditure to $459,138.91; amending Ordinance No. 029146 to reduce the amount appropriated of Specialty Bond Proceeds interest earnings to $32,929.58; revising the amount of increase in FY 2010 -2011 Capital Improvement Budget expenditures to $32,929.58. PURPOSE: This item will appropriate all unappropriated capital proceeds accrued through April 30, 2012 in the City's Capital Improvement Program Funds and correct a prior appropriation. BACKGROUND AND FINDINGS: These unappropriated capital revenues come from a variety of sources including interest earnings, miscellaneous revenues collected, contributions and donations, fees, and reimbursements. (See Attachment A). This is a routine practice to efficiently manage City finances. This item will provide additional funds which can be used for approved projects and debt service payments. This also facilitates the closure of older funds to comply with arbitrage regulations and is a responsible fiduciary practice for governmental accounting. ALTERNATIVES: 1. Do not appropriate funds (not recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to statutes regarding the City's financial policies. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Finance Department FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount This item 494,146.69 494,146.69 BALANCE 494,146.69 494,146.69 Fund(s): This item will appropriate $494,146.69 in interest and other revenues to the funds listed in Attachment One. RECOMMENDATION: City Staff recommend the approval of this item so the unappropriated funds can be appropriated into their corresponding funds. LIST OF SUPPORTING DOCUMENTS: Attachment One Ordinance One Ordinance Two Ordinance Three Ordinance Four Ordinance Five Ordinance Six CITY OF CORPUS CHRISTI UNAPPROPRIATED CAPITAL FUNDS As of April 30, 2012 ATTACHMENT ONE SECTION 1 : AIRPORT 3020A Airport CIP Fund (Capital Reserves) 3020B Airport CIP Fund (Other) 3024 Airport 2000A CIP Fund (Rev. Bds.) SECTION 2 : BOND PROCEEDS 3125 Bayfront Dev 2008 Tax Notes 3126 Bayfront Dev 2009 GO (Bond 2004) 3127 Bayfront Dev 2009 CO (Bond 2004) 3371 Health Rehab 2009 (Bond 2008) 3191 Fire Improvements 2009 (Bond 2008) 3341 Police Improvements 2009 (Bond 2008) 3362 Sanitary Landfill 2006 3365 Sanitary Landfill 2008 (CO) 3226 Library 2009 CIP (Bond 08) 3182 Convention Center 2010 CIP Fund (CO) 3289 Park & Rec 2005 CIP Fund (GO) 3290 Park & Rec 2008 Tax Notes 3291 Park & Rec 2009 GO (Bond 2008) 3292 Park & Rec 2010 GO (Bond 2008) 3541 Street 2005 CIP Fund (GO) 3544 Street 2007A (CIP) 3545 Street 2008 Tax Notes 3546 Street 2009 GO (bond 08) 3548 Street 2012 GO CIP Fd Bond 08 157.23 3,036.85 723.44 AIRPORT TOTAL 3,917.52 241.45 14,522.23 429.03 BAYFRONT TOTAL 15,192.71 265.77 4,290.84 254.93 539.46 2,407.68 PUBLIC H &S TOTAL 7,758.68 1,185.39 LIBRARY TOTAL 1,185.39 4,875.11 328.14 123.96 149.97 16,383.25 PARK TOTAL 16,985.32 2,927.99 20,128.07 80.87 81,759.12 13,625.61 STREET TOTAL 118,521.66 BOND PROCEEDS TOTAL 164,518.87 SECTION 3 : REVENUE BONDS 4526 StormWater 2009 (Rev - Bond 2008) 4528 Storm Water 2010A (Rev) 4529 Storm Water 2010B (Rev Babs) 4551 Gas 2009 (Rev) (08 bonds) 4554 Gas 2010B (Rev) 4084 Water 2002 CIP Fund (Rev. Bds.) 4087 Water 2010 TWDB - WIF Loan (Rev) 4476 Water 2009 (Rev bond 2008) 4478 Water 2010A (rev) 4479 Water 2010B (rev) 4501 Wastewater 2009 (Bond 2008 rev bnds) 4503 Wastewater 2010A (Rev bds) 4504 Wastewater 2010B (Rev bds BABs) SECTION 4 : SPECIALTY BONDS & OTHER CIP 3489 StormWater 2007 A -1 (TMPC CO) 4246 Wastewater 2007A -1 (TMPC CO) 3542 Street 2007A -1 CIP Fund (TMPC -GO) 3543 Street 2007 -A -1 (TMPC -CO) 3,331.16 621.05 13,15 2.01 STORM WATER TOTAL 17,104.22 478.95 102.10 GAS TOTAL 581.05 (207.64) 37, 206.23 2,467.43 1,745.05 5,556.23 WATER TOTAL 46,767.30 347.00 278.05 3,850.32 WASTEWATER TOTAL 4,475.37 REVENUE BONDS TOTAL 68,927.94 3270 Seawall CIP Fund (2002 Sales Tax Rev.Bds) 3271 Seawall System CIP Fund 3278 Packery Channel Projects TIF #2 3161 Energy Effncy CIP 2012 PPFCO 3160 City Hall CIP Fund 3280 Park CIP Fund 3430 Wastewater CIP Fund 3480 StormWater CIP Fund 3530 Street CIP Fund 4080 Water CIP Fund 4510 Wastewater Capital Reserves 803.45 134.83 631.48 1,401.88 TMPC TOTAL 2,971.64 353.27 609.81 SALES TAX BOND TOTAL 963.08 1,547.12 2,041.93 (9.09) 51, 649.73 (1,719.83) 1,359.22 28,653.80 417.73 4,122.20 GENERIC CIP TOTAL 84,473.76 SPECIALTY BOND TOTAL 91,997.53 SECTION 5 : OTHER UNAPPROPRIATED FUNDS 3530 Street Assessments 166,826.76 SECTION 6: CORRECT PRIOR APPROPRIATIONS 3125 Bayfront Dev 2008 Tax Notes 3530 Street CIP Fund CORRECTION TOTAL Revenue detail - (Funds with revenue other than interest) 3280 Interest Contribution -Buddy Lawrence House Moving Misc. TXDOT Refund 7/17/07 Contribution - Downtown clean up 3480 Interest Contributions to aid construction 3530 Interest RTA - Reimbursement for Ferry Landing Exp Public Right of Way Fees (31,410.00) (325,394.83) (356,804.83) (2,867.53) 25,000.00 659.64 28,857.62 51,649.73 1,359.22 1,359.22 2,153.80 25,000.00 1,500.00 28,653.80 Ordinance appropriating $91,997.53 in SPECIALTY BOND PROCEED interest earnings, contributions for Buddy Lawrence house moving, downtown clean -up, and to aid construction, Texas Department of Transportation refund, Public Right of Way fees, reimbursement from the Regional Transportation Authority, Sales Tax Bonds for the Seawall and Arena, Packery Channel Bonds, and Generic Capital Improvement Funds as listed in Attachment 1, Section 4 for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type A Board; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $91,997.53. NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: Section 1. An amount of $91,997.53 in Specialty Bond Proceed interest earnings, contributions for Buddy Lawrence house moving, downtown clean -up, and to aid construction, Texas Department of Transportation refund, Public Right of Way fees, reimbursement from the Regional Transportation Authority, Sales Tax Bonds for the Seawall and Arena, Packery Channel Bonds, and Generic Capital Improvement Funds as listed in Attachment 1, Section 4 for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type A Board. Section 2. The FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 is changed to increase expenditures by $91,997.53. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary 0013_3_Ordinance Four - Specialty Bond Proceed Joe Adame Mayor 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 0013_3_Ordinance Four - Specialty Bond Proceed Joe Adame Mayor AGENDA MEMORANDUM for the City Council Meeting of July 31, 2012 DATE: July 30, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com, (361) 826 -3729 Constance P. Sanchez, Director of Finance constancep@a cctexas.com, (361) 826 -3227 Ordinances Appropriating Fund Proceeds CAPTION: A. Ordinance appropriating $3,917.52 in AIRPORT CIP interest earnings in the funds as listed in Attachment 1, Section 1 for the City's match for future FAA Grant Projects; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $3,917.52. B. Ordinance appropriating $164,518.87 in BOND PROCEED interest earnings for Bayfront, Public Health and Safety, Fire, Police, Sanitary Landfill, Library, Convention Center, Parks, and Streets in the funds as listed in Attachment 1, Section 2 for the stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $164,518.87. C. Ordinance appropriating $68,927.94 in UTILITY REVENUE BOND interest earnings as listed in Attachment 1, Section 3 for the support of the City's approved Capital Improvement Program; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $68,927.94. D. Ordinance appropriating $91,997.53 in SPECIALTY BOND PROCEED interest earnings, contributions for Buddy Lawrence house moving, downtown clean -up, and to aid construction, Texas Department of Transportation refund, Public Right of Way fees, reimbursement from the Regional Transportation Authority, Sales Tax Bonds for the Seawall and Arena, Packery Channel Bonds, and Generic Capital Improvement Funds as listed in Attachment 1, Section 4 for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type A Board; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $91,997.53. E. Ordinance appropriating $166,826.76 in STREET ASSESSMENTS as listed in Attachment 1, Section 5 for the repayment of approved assessment projects; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $166,826.76. F. Ordinance amending Ordinance No 029144 to reduce the amount appropriated of bond proceeds interest earnings and bond company settlement proceeds to $459,138.91; revising the amount of increase in FY 2010 -2011 Capital Improvement Budget expenditure to $459,138.91; amending Ordinance No. 029146 to reduce the amount appropriated of Specialty Bond Proceeds interest earnings to $32,929.58; revising the amount of increase in FY 2010 -2011 Capital Improvement Budget expenditures to $32,929.58. PURPOSE: This item will appropriate all unappropriated capital proceeds accrued through April 30, 2012 in the City's Capital Improvement Program Funds and correct a prior appropriation. BACKGROUND AND FINDINGS: These unappropriated capital revenues come from a variety of sources including interest earnings, miscellaneous revenues collected, contributions and donations, fees, and reimbursements. (See Attachment A). This is a routine practice to efficiently manage City finances. This item will provide additional funds which can be used for approved projects and debt service payments. This also facilitates the closure of older funds to comply with arbitrage regulations and is a responsible fiduciary practice for governmental accounting. ALTERNATIVES: 1. Do not appropriate funds (not recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to statutes regarding the City's financial policies. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Finance Department FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount This item 494,146.69 494,146.69 BALANCE 494,146.69 494,146.69 Fund(s): This item will appropriate $494,146.69 in interest and other revenues to the funds listed in Attachment One. RECOMMENDATION: City Staff recommend the approval of this item so the unappropriated funds can be appropriated into their corresponding funds. LIST OF SUPPORTING DOCUMENTS: Attachment One Ordinance One Ordinance Two Ordinance Three Ordinance Four Ordinance Five Ordinance Six CITY OF CORPUS CHRISTI UNAPPROPRIATED CAPITAL FUNDS As of April 30, 2012 ATTACHMENT ONE SECTION 1 : AIRPORT 3020A Airport CIP Fund (Capital Reserves) 3020B Airport CIP Fund (Other) 3024 Airport 2000A CIP Fund (Rev. Bds.) SECTION 2 : BOND PROCEEDS 3125 Bayfront Dev 2008 Tax Notes 3126 Bayfront Dev 2009 GO (Bond 2004) 3127 Bayfront Dev 2009 CO (Bond 2004) 3371 Health Rehab 2009 (Bond 2008) 3191 Fire Improvements 2009 (Bond 2008) 3341 Police Improvements 2009 (Bond 2008) 3362 Sanitary Landfill 2006 3365 Sanitary Landfill 2008 (CO) 3226 Library 2009 CIP (Bond 08) 3182 Convention Center 2010 CIP Fund (CO) 3289 Park & Rec 2005 CIP Fund (GO) 3290 Park & Rec 2008 Tax Notes 3291 Park & Rec 2009 GO (Bond 2008) 3292 Park & Rec 2010 GO (Bond 2008) 3541 Street 2005 CIP Fund (GO) 3544 Street 2007A (CIP) 3545 Street 2008 Tax Notes 3546 Street 2009 GO (bond 08) 3548 Street 2012 GO CIP Fd Bond 08 157.23 3,036.85 723.44 AIRPORT TOTAL 3,917.52 241.45 14,522.23 429.03 BAYFRONT TOTAL 15,192.71 265.77 4,290.84 254.93 539.46 2,407.68 PUBLIC H &S TOTAL 7,758.68 1,185.39 LIBRARY TOTAL 1,185.39 4,875.11 328.14 123.96 149.97 16,383.25 PARK TOTAL 16,985.32 2,927.99 20,128.07 80.87 81,759.12 13,625.61 STREET TOTAL 118,521.66 BOND PROCEEDS TOTAL 164,518.87 SECTION 3 : REVENUE BONDS 4526 StormWater 2009 (Rev - Bond 2008) 4528 Storm Water 2010A (Rev) 4529 Storm Water 2010B (Rev Babs) 4551 Gas 2009 (Rev) (08 bonds) 4554 Gas 2010B (Rev) 4084 Water 2002 CIP Fund (Rev. Bds.) 4087 Water 2010 TWDB - WIF Loan (Rev) 4476 Water 2009 (Rev bond 2008) 4478 Water 2010A (rev) 4479 Water 2010B (rev) 4501 Wastewater 2009 (Bond 2008 rev bnds) 4503 Wastewater 2010A (Rev bds) 4504 Wastewater 2010B (Rev bds BABs) SECTION 4 : SPECIALTY BONDS & OTHER CIP 3489 StormWater 2007 A -1 (TMPC CO) 4246 Wastewater 2007A -1 (TMPC CO) 3542 Street 2007A -1 CIP Fund (TMPC -GO) 3543 Street 2007 -A -1 (TMPC -CO) 3,331.16 621.05 13,15 2.01 STORM WATER TOTAL 17,104.22 478.95 102.10 GAS TOTAL 581.05 (207.64) 37, 206.23 2,467.43 1,745.05 5,556.23 WATER TOTAL 46,767.30 347.00 278.05 3,850.32 WASTEWATER TOTAL 4,475.37 REVENUE BONDS TOTAL 68,927.94 3270 Seawall CIP Fund (2002 Sales Tax Rev.Bds) 3271 Seawall System CIP Fund 3278 Packery Channel Projects TIF #2 3161 Energy Effncy CIP 2012 PPFCO 3160 City Hall CIP Fund 3280 Park CIP Fund 3430 Wastewater CIP Fund 3480 StormWater CIP Fund 3530 Street CIP Fund 4080 Water CIP Fund 4510 Wastewater Capital Reserves 803.45 134.83 631.48 1,401.88 TMPC TOTAL 2,971.64 353.27 609.81 SALES TAX BOND TOTAL 963.08 1,547.12 2,041.93 (9.09) 51, 649.73 (1,719.83) 1,359.22 28,653.80 417.73 4,122.20 GENERIC CIP TOTAL 84,473.76 SPECIALTY BOND TOTAL 91,997.53 SECTION 5 : OTHER UNAPPROPRIATED FUNDS 3530 Street Assessments 166,826.76 SECTION 6: CORRECT PRIOR APPROPRIATIONS 3125 Bayfront Dev 2008 Tax Notes 3530 Street CIP Fund CORRECTION TOTAL Revenue detail - (Funds with revenue other than interest) 3280 Interest Contribution -Buddy Lawrence House Moving Misc. TXDOT Refund 7/17/07 Contribution - Downtown clean up 3480 Interest Contributions to aid construction 3530 Interest RTA - Reimbursement for Ferry Landing Exp Public Right of Way Fees (31,410.00) (325,394.83) (356,804.83) (2,867.53) 25,000.00 659.64 28,857.62 51,649.73 1,359.22 1,359.22 2,153.80 25,000.00 1,500.00 28,653.80 Ordinance appropriating $166,826.76 in STREET ASSESSMENTS as listed in Attachment 1, Section 5 for the repayment of approved assessment projects; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $166,826.76. NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: Section 1. An amount of $166,826.76 in Street Assessments is appropriated in the funds as listed in Attachment 1, Section 5 for repayment of approved assessment projects. Section 2. The FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 is changed to increase expenditures by $166,826.76. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary 00 14 3 Ordinance Five - Street Assessments Joe Adame Mayor 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 00 14 3 Ordinance Five - Street Assessments Joe Adame Mayor AGENDA MEMORANDUM for the City Council Meeting of July 31, 2012 DATE: July 30, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com, (361) 826 -3729 Constance P. Sanchez, Director of Finance constancep@a cctexas.com, (361) 826 -3227 Ordinances Appropriating Fund Proceeds CAPTION: A. Ordinance appropriating $3,917.52 in AIRPORT CIP interest earnings in the funds as listed in Attachment 1, Section 1 for the City's match for future FAA Grant Projects; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $3,917.52. B. Ordinance appropriating $164,518.87 in BOND PROCEED interest earnings for Bayfront, Public Health and Safety, Fire, Police, Sanitary Landfill, Library, Convention Center, Parks, and Streets in the funds as listed in Attachment 1, Section 2 for the stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $164,518.87. C. Ordinance appropriating $68,927.94 in UTILITY REVENUE BOND interest earnings as listed in Attachment 1, Section 3 for the support of the City's approved Capital Improvement Program; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $68,927.94. D. Ordinance appropriating $91,997.53 in SPECIALTY BOND PROCEED interest earnings, contributions for Buddy Lawrence house moving, downtown clean -up, and to aid construction, Texas Department of Transportation refund, Public Right of Way fees, reimbursement from the Regional Transportation Authority, Sales Tax Bonds for the Seawall and Arena, Packery Channel Bonds, and Generic Capital Improvement Funds as listed in Attachment 1, Section 4 for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type A Board; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $91,997.53. E. Ordinance appropriating $166,826.76 in STREET ASSESSMENTS as listed in Attachment 1, Section 5 for the repayment of approved assessment projects; Changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase expenditures by $166,826.76. F. Ordinance amending Ordinance No 029144 to reduce the amount appropriated of bond proceeds interest earnings and bond company settlement proceeds to $459,138.91; revising the amount of increase in FY 2010 -2011 Capital Improvement Budget expenditure to $459,138.91; amending Ordinance No. 029146 to reduce the amount appropriated of Specialty Bond Proceeds interest earnings to $32,929.58; revising the amount of increase in FY 2010 -2011 Capital Improvement Budget expenditures to $32,929.58. PURPOSE: This item will appropriate all unappropriated capital proceeds accrued through April 30, 2012 in the City's Capital Improvement Program Funds and correct a prior appropriation. BACKGROUND AND FINDINGS: These unappropriated capital revenues come from a variety of sources including interest earnings, miscellaneous revenues collected, contributions and donations, fees, and reimbursements. (See Attachment A). This is a routine practice to efficiently manage City finances. This item will provide additional funds which can be used for approved projects and debt service payments. This also facilitates the closure of older funds to comply with arbitrage regulations and is a responsible fiduciary practice for governmental accounting. ALTERNATIVES: 1. Do not appropriate funds (not recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to statutes regarding the City's financial policies. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Finance Department FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount This item 494,146.69 494,146.69 BALANCE 494,146.69 494,146.69 Fund(s): This item will appropriate $494,146.69 in interest and other revenues to the funds listed in Attachment One. RECOMMENDATION: City Staff recommend the approval of this item so the unappropriated funds can be appropriated into their corresponding funds. LIST OF SUPPORTING DOCUMENTS: Attachment One Ordinance One Ordinance Two Ordinance Three Ordinance Four Ordinance Five Ordinance Six CITY OF CORPUS CHRISTI UNAPPROPRIATED CAPITAL FUNDS As of April 30, 2012 ATTACHMENT ONE SECTION 1 : AIRPORT 3020A Airport CIP Fund (Capital Reserves) 3020B Airport CIP Fund (Other) 3024 Airport 2000A CIP Fund (Rev. Bds.) SECTION 2 : BOND PROCEEDS 3125 Bayfront Dev 2008 Tax Notes 3126 Bayfront Dev 2009 GO (Bond 2004) 3127 Bayfront Dev 2009 CO (Bond 2004) 3371 Health Rehab 2009 (Bond 2008) 3191 Fire Improvements 2009 (Bond 2008) 3341 Police Improvements 2009 (Bond 2008) 3362 Sanitary Landfill 2006 3365 Sanitary Landfill 2008 (CO) 3226 Library 2009 CIP (Bond 08) 3182 Convention Center 2010 CIP Fund (CO) 3289 Park & Rec 2005 CIP Fund (GO) 3290 Park & Rec 2008 Tax Notes 3291 Park & Rec 2009 GO (Bond 2008) 3292 Park & Rec 2010 GO (Bond 2008) 3541 Street 2005 CIP Fund (GO) 3544 Street 2007A (CIP) 3545 Street 2008 Tax Notes 3546 Street 2009 GO (bond 08) 3548 Street 2012 GO CIP Fd Bond 08 157.23 3,036.85 723.44 AIRPORT TOTAL 3,917.52 241.45 14,522.23 429.03 BAYFRONT TOTAL 15,192.71 265.77 4,290.84 254.93 539.46 2,407.68 PUBLIC H &S TOTAL 7,758.68 1,185.39 LIBRARY TOTAL 1,185.39 4,875.11 328.14 123.96 149.97 16,383.25 PARK TOTAL 16,985.32 2,927.99 20,128.07 80.87 81,759.12 13,625.61 STREET TOTAL 118,521.66 BOND PROCEEDS TOTAL 164,518.87 SECTION 3 : REVENUE BONDS 4526 StormWater 2009 (Rev - Bond 2008) 4528 Storm Water 2010A (Rev) 4529 Storm Water 2010B (Rev Babs) 4551 Gas 2009 (Rev) (08 bonds) 4554 Gas 2010B (Rev) 4084 Water 2002 CIP Fund (Rev. Bds.) 4087 Water 2010 TWDB - WIF Loan (Rev) 4476 Water 2009 (Rev bond 2008) 4478 Water 2010A (rev) 4479 Water 2010B (rev) 4501 Wastewater 2009 (Bond 2008 rev bnds) 4503 Wastewater 2010A (Rev bds) 4504 Wastewater 2010B (Rev bds BABs) SECTION 4 : SPECIALTY BONDS & OTHER CIP 3489 StormWater 2007 A -1 (TMPC CO) 4246 Wastewater 2007A -1 (TMPC CO) 3542 Street 2007A -1 CIP Fund (TMPC -GO) 3543 Street 2007 -A -1 (TMPC -CO) 3,331.16 621.05 13,15 2.01 STORM WATER TOTAL 17,104.22 478.95 102.10 GAS TOTAL 581.05 (207.64) 37, 206.23 2,467.43 1,745.05 5,556.23 WATER TOTAL 46,767.30 347.00 278.05 3,850.32 WASTEWATER TOTAL 4,475.37 REVENUE BONDS TOTAL 68,927.94 3270 Seawall CIP Fund (2002 Sales Tax Rev.Bds) 3271 Seawall System CIP Fund 3278 Packery Channel Projects TIF #2 3161 Energy Effncy CIP 2012 PPFCO 3160 City Hall CIP Fund 3280 Park CIP Fund 3430 Wastewater CIP Fund 3480 StormWater CIP Fund 3530 Street CIP Fund 4080 Water CIP Fund 4510 Wastewater Capital Reserves 803.45 134.83 631.48 1,401.88 TMPC TOTAL 2,971.64 353.27 609.81 SALES TAX BOND TOTAL 963.08 1,547.12 2,041.93 (9.09) 51, 649.73 (1,719.83) 1,359.22 28,653.80 417.73 4,122.20 GENERIC CIP TOTAL 84,473.76 SPECIALTY BOND TOTAL 91,997.53 SECTION 5 : OTHER UNAPPROPRIATED FUNDS 3530 Street Assessments 166,826.76 SECTION 6: CORRECT PRIOR APPROPRIATIONS 3125 Bayfront Dev 2008 Tax Notes 3530 Street CIP Fund CORRECTION TOTAL Revenue detail - (Funds with revenue other than interest) 3280 Interest Contribution -Buddy Lawrence House Moving Misc. TXDOT Refund 7/17/07 Contribution - Downtown clean up 3480 Interest Contributions to aid construction 3530 Interest RTA - Reimbursement for Ferry Landing Exp Public Right of Way Fees (31,410.00) (325,394.83) (356,804.83) (2,867.53) 25,000.00 659.64 28,857.62 51,649.73 1,359.22 1,359.22 2,153.80 25,000.00 1,500.00 28,653.80 Page 1 of 3 ORDINANCE AMENDING ORDINANCE NO. 029144 TO REDUCE THE AMOUNT APPROPRIATED OF BOND PROCEEDS INTEREST EARNINGS AND BOND COMPANY SETTLEMENT PROCEEDS TO $459,138.91; REVISING THE AMOUNT OF INCREASE IN FY 2010 -2011 CAPITAL IMPROVEMENT BUDGET EXPENDITURES TO $459,138.91; AMENDING ORDINANCE NO. 029146 TO REDUCE THE AMOUNT APPROPRIATED OF SPECIALTY BOND PROCEEDS INTEREST EARNINGS TO $32,929.58; REVISING THE AMOUNT OF INCREASE IN FY 2010 -2011 CAPITAL IMPROVEMENT BUDGET EXPENDITURES TO $32,929.58;. WHEREAS, City Council passed Ordinance No. 029144 on July 26, 2011 appropriating an amount of $490,548.91 in Bond Proceeds Interest Earnings and Settlement Proceeds; and WHEREAS, the amount appropriated of $490,548.91 was overstated by $31,410.00 in Clean Energy Credits; and WHEREAS, City Council passed Ordinance No. 029146 on July 26, 2011 appropriating an amount of $358,324.41 in Specialty Bond Proceeds; and WHEREAS, the amount appropriated of $358,324.41 was overstated by $325,394.83 in Recovery on Damage Claims; and BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Sections 1 and 2 of Ordinance No. 029146 are amended as shown: SECTION 1. An amount of $32.929.58 in Specialty Bond Proceeds interest eamings, and from contributions and donations from Texas Military Loan Proceeds, Packer), Channel Tax Increment Financing Bonds, Sales Tax Bonds for the Seawall and Arena, and Generic Capital Improvement Funds as listed in Attachment 1, Section 4, is appropriated for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military- supported projects, and other related projects as determined by the Type A Board. SECTION 2. The FY 2010 -2011 Capital Improvement Budget adopted by Ordinance No. 028995 is changed to increase expenditures by $358,324.44 $32.929.58 SECTION 2. Sections 1 and 2 of Ordinance No. 029144 are amended as shown: SECTION 1. An amount of $490,548.91$459.138.91 in Bond Proceeds interest earnings and bonding company settlement proceeds for Bayfront, Public Health and Safety, Library, Museum, Parks, and Streets in the funds as listed in Ordinance Six Page 2 of 3 Attachment 1, Section 2 is appropriated for the stated bond projects not yet complete, similar projects to be approved by City Council, and for the payment of debt service. SECTION 2. The FY 2010 -2011 Capital Improvement Budget adopted by Ordinance No. 028995 is changed to increase expenditures by 59138.91. SECTION 3. 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 17th day of July, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Ordinance Six Joe Adame Mayor Page 3 of 3 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 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 Ordinance Six ATTACHMENT ONE Unappropriated Proceeds as of May 31, 2011 SECTION 1: AIRPORT Fund # Description 3020 Airport CIP Fund Grants 3020A IlAirport CIP Fund Capital Reserve 3024 ;Airport 2000A Revenue Bond AIRPORT CIP UNAPPROPRIATED TOTAL: SECTION 2: BOND PROCEEDS Unappropriated Interest/Other 33,387,30 i 678.23 11,851.42 Required Uses City Match for FAA Grant Projects City Match for FAA Grant Projects City Match for FAA Grant Projects GENERAL OBLIGATION (GO)! CERTIFICATES OF OBLIGATION (CO)./ TAX ANTICIPATION NOTES (TN) Fund # Description 3124 Baytront 2007 GO (Bond Issue 2004) 3125 I Bayfront 2008 TN 3126 iflayfront 2009 GO (Bond Issue 2008) 3127 Bayfront 2009 CO (Bond Issue 2004) BAYFRONT UNAPPROPRIATED TOTAL: 3363 Public H & S 2007 GO (Bond Issue 2004) 3371 !Health Dept 2009 GO (Bond Issue 2008) - 3191 Fire 2009 GO (Bond Issue 2008) 3341 1Police 2009 GO (Bond Issue 2008) 3362 :Landfill 2006 Certification of Obligation 3364 Public H & S 2008 TN 3365 Landfill 2008 Certification of Obligation PUBLIC H & S UNAPPROPRIATED TOTAL: 3225 ILibrary 2007 GO (Bond Issue 2004) 3226 ;Library 2009 GO (Bond Issue 2008) LIBRARY UNAPPROPRIATED TOTAL: 3263 IMuseum 2009 GO (Bond Issue 2008) 3289 iPark 2005 GO (Bond Issue 2004) 3290 !Park 2008 TN 3291 Park 2009 GO (Bond Issue 2008) 3292 "Park 2010 GO (Bond Issue 2008) PARKS UNAPPROPRIATED TOTAL: 3541 Street 2005 GO (Bond issue 2004) . _ 3545 ;Street 2008 TN 3546 IStreet 2009 GO (Bond Issue 2008) Road 3547 I Street 2009 CO (Holly oa Overlay) STREETS UNAPPROPRIATED TOTAL: BOND PROCEEDS UNAPPROPRIATED TOTAL: SECTION 3: REVENUE BONDS Unappropriated I nterestlOther 1,440.24 99,357-89 58,504.84 13,037.05 Requirement Staff Recommendation Approved Bond Projects Not Complete 37,947,99 Approved Bond Projects Not Complete Approved Bond Projects Not Complete —142340812 110,930,12 Approved Bond Projects Not Complete 519.48 1249.58 19,74&20 7,857.59 1,441.94 3,60459 24,308.35 58,729.73 19.42 4,021.53 4,040.95 690.10 1,305,44 10,257.48 10,991.46 23,625.12 46,179.48 10,050.56 3,280.94 220,081.47 5,155.58 238,568.53 ----490,548,81,, 459,138.91 Unappropriated Fund # ,Description Interest/Other Ail Projects Complete - Funds Available Approved Bond Projects Not Complete Approved Bond Projects Not Complete Approved Bond Projects Not Complete Approved Bond Projects Not Complete Approved Bond Projects Not Complete Approved Bond Projects Not Complete All Projects Complete - Funds Available Approved Bond Projects Not Complete Approved Bond Projects Not Complete All Projects Complete - Funds Available Approved Bond Projects Not Complete Approved Bond Projects Not Complete Approved Bond Projects Not Complete Approved Bond Projects Not Complete Approved Bond Projects Not Complete Approved Bond Projects Not Complete Approved Bond Projects Not Complete Requirement/ Staff Recommendation ATTACHMENT 1 Page 1 of 3 3480 ;Storm WaterC_IP Fund 54,128.17 I 3492 ;Storm Water 2006 Revenue Bond 389.65 1 4526 Storm Water 2009 Revenue Bond (Bond Issue 2008) 10,009,85 1 4528 'Storm Water 2010 Revenue Bond (Tax Exempt BAB) 5,043.99 1 4529 'Storm Water 2010b Revenue Bond (Taxable BAB) . __ 24,485.52 1 STORM WATER CIP UNAPPROPRIATED TOTAL:1 94,570.58 I t 36.44 1 359.42 1,495.86 1 4525 ;Storm Water 2009 Revenue Bond 4551 Gas 2009 Revenue Bond (Bond Issue 2008) 4554 'Gas 2010b Revenue Bond (Taxable BAB) GAS CIP UNAPPROPRIATED TOTAL:? 4080 iWaterCIP Fund 4090 Water 2006 Revenue Bond 4475 Water 2009 Revenue Bond 4476 Water 2009 Revenue Bond (Bond Issue 2008) 4478 'Water 2010 Revenue Bond (Tax Exempt BAB) 4479 1 Water 2010b Revenue Bond (Taxable BAB) WATER CIP UNAPPROPRIATED TOTAL: j 773,024.48 0.15 217.06 1 4,219.42 1. 306.40 18,249.65 1 800,017.16 3430 Wastewater CIP Fund 5,484.18 4250 Wastewater 2006 Revenue Bond 228.58 4500 1 Wastewater 2009 Revenue Bond 113.42 4501_ j Wastewater 2009 Revenue Bond (Bond Issue 2008) 1 1,576.24 1 4503 ;Wastewater 2010 Revenue Bond (Tax Exempt BAB) 7,014.71 21,736.26 4510 ' Wastewater Capital Reserves 296.70 WASTEWATER CIP UNAPPROPRIATED TOTAL:1 36,450.09 REVENUE BONDS C1P UNAPPROPRIATED TOTAL:1 932,533.69 1 4504 1 Wastewater 2010b Revenue Bond (Taxable BAB) Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP Available for Current Year C1P Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP SECTION 4` SPECIALITY BOND PROCEEDS TEXAS MILITARY LOAN (TML) 1 TAX INCREMENT FINANCING (T)) SALES TAX SUPPORTED BONDS/GENERIC CAPITAL IMPROVEMENT PROGRAM FUNDS (CIP) Fund # Description 3489 1Storm Water 2007 TML (North Port) 4086 ', Water 2007 TML (North Port) 4246 1 Wastewater 2007 TML (North Port)_ 3542 ,Street 2007 TML (North Port) 3543 ;Street 2007 TML (NAS AICUZ) TML UNAPPROPRIATED TOTAL 3270 'Seawall Bond Fund 3271 ;Seawall System CIP Fund SALES TAX BOND UNAPPROPRIATED TOTAL: 3278 11Pacirery Channel TIF Fund Unappropriated ' Interest/Other 8,014.62 1 283.80 1 1,239.17 1 3,088.75 5,103.33 17,729.67 876.22 2,353.98 3,230.20 Requirement / Staff Recommendation _Approved Bond Project Not Complete Approved Bond Project Not Complete Approved Bond Project Not Complete Approved Bond Project Not Complete Restricted Fund for Military Projects Administered by Type A Board Administered by Type A Board 339.34 SECTION 4: SPECIALITY BOND PROCEEDS (continued) 3210 , Library CIP Fund 3280 1 Park CIP Fund 3530 _ (Street CIP Fund 3600 Gas CIP Fund GENERIC CIP FUND UNAPPROPRIATED TOTAL: SPECIALITY BOND UNAPPROPRIATED TOTAL: 4,480.95 2,873.47 ,240,3.0 . 2,805,56 36 470 ,0250239 01 1 r ,630.371 32444 I 32,929.58 Approved TIF Project Not Complete Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP Available for Current Year CIP ATTACHMENT 1 Page 2 of 3 ATTACHMENT 1 Page 3 of 3 SECTION 5: OLDER BOND FUNDS (ISSUED PRIOR TO 2006) Re . uirement 1 Staff Recommendation Fund # 3359 Description Unappropriated Interest/Other — Public Health & Safety 2004 CO Public H & S 2005 Certificate of Obligation 186.53 Older Fund Recommend Closing 3361 804.26 Older Fund Recommend Closing_ 4084 Water 2002 Revenue Bond 246.56 Older Fund Recommend Closing 3,601.84 Older Fund Recommend Closing_ 4242 Wastewater 1995 State Revolving Fund OLDER BOND FUNDS UNAPPROPRIATED TOTAL: 4,839.19 _ 6: OTHER UNAPPROPRIATED FUNDS Unappropriated Interest/Other —, SECTION Fund # Description — - -- - - -. — Requirement / Staff Recommendation Street Assessments Street Closures 115,838.66 Approved Assessment Projects 301,227.25 _ Approved Assessment Projects OTHER UNAPPROPRIATED FUNDS TOTAL: 417,065.91 —_ Unappropriated Interest/Other 11 1 SECTION 7: INFRASTRUCTURE FUND Acct # Descri . tion -- — _ -- _ Requirement 1 Staff Recommendation 330859 Acushnet Drive 2,651.78 ' Approved Deferred Street Construction 330332 330928 Cimarron Park 8,792.60 A.. roved Deferred Street Construction _ Country Creek #5 9,008.45 A. • roved Deferred Street Construction 330885 Country Creek #3 Coves @ Lago Vista 6,745.12 3,204.30 _ As. roved Deferred Street Construction Approved Deferred Street Construction 330257 330857 Cullen Place 5,408.66 Approved Deferred Street Construction Approved Deferred Street Construction 330765 330785 330913 330854 341040 330889 Drainage Channel 31 228.29 Dunbarton Oaks Homedale Addition Kitty Hawk 33,041.51 Approved Deferred Street Construction 3,199.32 Approved Deferred Street Construction 709.13 Approved Deferred Street Construction Approved Deferred Street Construction Legends of Diamante 361.58 Mariposa Subdivision Navigation Pointe Oso Pkwy _ 15,993.39 Approved Deferred Street Construction Approved Deferred Street Construction 330259 330835 330806 9,748.80 1,868.53 Approved Deferred Street Construction Approved Deferred Street Construction Approved Deferred Street Construction Approved Deferred Street Construction Rancho Las Brisas _ 181.40 330853 Rancho Vista 763.71 341040 RRAH Corpus Christi Saratoga Center Block 1 217.82 2,904.49 330400 droved Deferred Street Construction Approved Deferred Street Construction 330925 Scogin Creek, Unit 5 11,917.17 Shoreline Oaks St. Maria Stella Subdivision 6,291.12 Approved Deferred Street Construction 330903 330388 2,747.90 Apploved Deferred Street Construction 330204 Traffic Congestion University Drive INFRASTRUCTURE FUND TOTAL: 1,470.75 523.64 127,977.46 - Approved Deferred Street Construction 330905 Approved Deferred Street Construction ATTACHMENT 1 Page 3 of 3 AGENDA MEMORANDUM for the City Council Meeting of July 31, 2012 DATE: July 25, 2012 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, Director of Planning and Environmental Services PeteAn @cctexas.com 361.826 -3781 Public Hearing for the Proposed Bond Issue 2012 Staff Presenter(S): Name 1. Oscar Martinez Title /Position Department ACM,Public Works and Utilities Caption: Public Hearing for the Proposed Bond Issue 2012 Background : Funding for general obligation bonds for capital needs such as streets, public facilities, park and other projects will require issuance of voter - approved bonds. In formulating a recommended Bond 2012 program, staff has compiled a list of projects consistent with council directive and prioritized needs. City Council will use the recommended list as a basis to finalize a Bond 2012 package to be presented to the citizens in a November 6, 2012 Bond Election. This item will allow public comment on the proposed bond issue projects and packaging for the November 6, 2012 Bond Election. Propositions for Consideration: • Proposition No. 1 — Streets Improvements $ 55 Million (No net tax rate increase imposed) Additional Propositions: (Will impose tax rate increases) • Proposition No. 2 — City Hall Impts. $ 1.75 Million • Propositon No. 3 — Service Center Complex $ 4.75 Million • Proposition No.4 - Parks & Rec. Projects: $ 16.00 Million • Proposition No.5 - Museum & Library Impts: $ 2.34 Million • Proposition No. 6 - Public Health Improvements $ 0.82 Million • Proposition No. 7 - Public Safety Improvemnts $ 0.70 Milion • Proposition No. 8 - Economic Development. Projects $ 9.05 Million • Proposition No. 9: — Destination Bayfront: $ 60.0 Million Planning Commission Recommedation: After the Public Hearing on July 11, 2012 the Planning Commission recommended that of the $ 55 million which is available for Capital Improvements for Bond 2012 with no tax rate increase that $ 52.5 million be allocated for street and associated utility improvements and that $ 2.5 million be allocated for public facilities. The Commission's recommendation includes a stipulation that the proposed portions of Holly Road and Williams Drive be included in the $ 52.5 million allocation because these two projects will receive 80% Tx DOT funding for street improvements. In addition the Commission recommended that Navigation Blvd. and Tuloso Road not be included in the allocation and instead the surrounding industries shall participate in funding these street improvements. (If Council so directs, staff will strive to achieve participation by the surrounding industries in the renewal of respective Industrial District Agreements scheduled in 2013). List of Supporting Documents: Agenda Memorandum Bond 2012 PowerPoint Overview City of Corpus Christi Bond 2012 Program Election Date November 6, 2012 City Council Presentation July 31, 2012 Remaining Schedule • July 31, 2012 City Council Public Hearing on Bond 2012 and Final Ballot Language • August 14, 2012 City Council to Approve Ordinance Calling the Election • November 6, 2012 Election Date Bond 2012 Revised Propositions • Proposition No. 1 : Streets Projects $ 55 Million • Proposition No. 2 : City Hall Improvements $ 1.75 Million • Proposition No. 3 : Service Center Complex Improvements $ 4.75 Million • Proposition No. 4 : Parks and Recreation Improvements $ 16 Million Revised Propositions • Proposition No. 5 : Museum & Library Improvements $ 2.34 Million • Proposition No. 6 : Public Health Improvements $ 0.82 Million • Proposition No. 7 : Public Safety Improvements $ 0.70 Million • Proposition No. 8 : Economic Development Projects $ 9.05 Million • Proposition No. 9 : Destination Bayfront $ 60 Million Revised Propositions Total Bond 2012 Propositions 1 thru 9 Bond Cost($K) Utility Cost($K) Total Cost($K) $150,410 $44,720 $195,130 Proposition No. 1: Street Projects 1 Navigation Boulevard 2 South Alameda Street 3 Greenwood Drive 4 Ocean Drive 5 Tuloso Road 6 7 South Staples Street South Staples Street Up River Road Ayers Street Gollihar Road Buford Street IH 37 Brawner Parkway Morgan Avenue Leopard Street Louisiana Avenue Horne Road Louisiana Avenue Leopard Street Kostoryz Road IH37 $4,000 $2,300 $2,100 $5,500 $1,800 $3,400 $5,300 $3,100 $2,800 $1,700 $2,700 $1,400 $2,700 $4,100 $7,100 $5,100 $3,800 $8,200 $3,200 $6,100 $9,400 Strut Segmen 8 McArdle Road 9 McArdle Road 10 Kostoryz Road 11 Horne Road 12 Morgan Avenue 13 Twigg Street 14 Leopard Street Proposition No. 1: Street Projects Nile Drive Whitaker Drive Brawner Parkway Ayers Street South Staples Street Shoreline Boulevard Crosstown Expressway Ennis Joslin Road Nile Drive South Staples Street Port Avenue Crosstown Expressway Lower Broadway Street Palm Drive $3,100 $2,900 $3,300 $900 $2,300 $1,400 $2,600 $2,400 $2,300 $2,600 $700 $1,800 $1,100 $2,000 $5,500 $5,200 $5,900 $1,600 $4,100 $2,500 $4,600 Proposition No. 1: Street Projects 15 16 Holly Road (MPO funded FY 16) Williams Drive (MPO funded FY 14) 17 Yorktown Boulevard 18 19 ADA Master Plan Improvements Signal & Street Lighting Improvements 20 TXDOT Participation Crosstown Expressway South Staples Street Rodd Field Road Greenwood Drive Airline Road Cimarron Boulevard city-wide city-wide city-wide $2,500 $1,700 $3,800 $2,300 $2,400 $1,400 $4,500 $2,300 $2,500 $7,000 $4,000 $6,300 $0 $2,300 $0 $2,400 $0 $1,400 Total Proposition No. 1 : Street Projects $55,000 $40,700 $95,700 Proposition No. 2: City Hall Improvements Project Desc ip ion 21 City Hall/MIS Data Center - Fire Suppression & Alarm Upgrades 22 City Hall Roof Repairs & Waterproofing Repairs (Exterior) General Services General Services Total Proposition No. 2: City Hall Improvements $550 $1,200 $1,750 Proposition No. 3: Service Center Complex Improvements Project Desc upon 23 Streets & Solid Waste Administration Solid Waste $300 Building — Roof Replacement 24 Signs/Signal Operations — New Shop and Engineering $2,500 Office Facility 25 Animal Control Remodel/Improvements Police $1,150 26 Fleet Maintenance Heavy Equipment Shop General $350 Roof Services 27 Streets & Solid Waste Storage Building Solid Waste $450 Structure with Slab (New Facility) Total Proposition 3: Service Center Complex Improvements $4,750 Proposition No. 4: Parks and Recreation Improvements project Description 28 Community Park Development and Improvements Park & Recreation Park & Recreation 29 Hike & Bike Trail Development 30 Aquatic Facility Upgrades and Improvements Park & Recreation 31 Tennis Center Repairs & Upgrades (HEB/AI Kruse) Park & Recreation 32 Ocean Drive Parks Improvements Park & Recreation $5,000 $1,500 $3,500 $3,000 $3,000 Total Proposition No. 4 :Parks and Recreation Improvements $16,000 Proposition No. 5: Museum & Library Improvements Proj•ec Description 33 Museum Roof Replacement 34 Central Library Roof Replacement 35 Northwest & Garcia Library Roof Replacement Museum $1,600 Library $260 Library $80 36 Facilities ADA Improvements: South Texas Art Museum, Barge Museum $400 Dock Parking Lot Total Proposition No. 5: Museum and Library Improvements $2,340 Proposition No. 6: Public Health Improvements 37 Health Department East Rear Restroom Repair/WIC Building Roof 38 Health Department Building Parking Lot Health $220 Health $600 Total Proposition No. 6: Public Health Improvements $820 Proposition No. 7: Public Safety Improvements Project Description 39 Vehicle Impound Yard & Garage - Phase 2 Police $700 Total Proposition No. 7: Public Safety Improvements $700 Proposition No. 8: Economic Development Projects 40 SeaTown Pedestrian Improvements 41 North Beach Area Rd Improvements & Area Beautification 42 JFK Area Improvements North Beach Breakwater, Plaza, 43 North Shoreline Repair & Enhancement 44 Developer Participation 45 CR 52 Extension (CR 69 -FM 1889) 46 International Blvd. TBD None None Lexington & Aquarium(10 ea match) TBD Nueces Co. (50% Street and Storm) CCIA ($250) Contrubution $0 $0 $0 $250 TBD $2,500 $250 Total Proposition No. 8: Economic Development Projects $500 $600 $650 $140 $500 $630 $640 $1,100 $1,280 $1,000 $750 $1,750 $3,000 $0 $3,000 $2,500 $1,300 $3,800 $800 $700 $1,500 $9,050 $4,020 $13,070 Proposition No. 9: Destination Bayfront Projec D sc on Po en la Con buto Expected Contribution Esate 4 47 Destination Bayfront Private Donors (TBD) $15,000 $60,000 $0 $60,000 Total Proposition No. 9: Destination Bayfront $60,000 QUESTIONS City Council Presentation July 31, 2012 Bond 2012 Recommended Street Projects --------------------------------------------------------------- i ki - j13. Twirjg Street; 7. South Staples Street! i4. Ocean Drive 117. Ayers Street _ 2. South Alameda Street' 6. South Staples Street) 123. N. Carmel Parkway', 24, S. Carmel Parkway'; 9. McArdle Road Navigation Boulevard'. - X12, Morgan Avenue 7-7 115 Glarkwood Road( -5. Tulosa Road' 18. Airport. Road 13. Greenwood Drive H. Holly Road 22. Everhart Roadi 25. Ayers Street;: W. Williams Drive z 8. McArdle Road 20, Airline R 19. Aldine Road) 21. Waldron Road! 16. Laguna Sho LAND€DATE STREETS t. NAVIGADON BOULEVARD -UP RIVER ROAD TO LEOPARD STREET 2 SOUTH ALAMEDA STREET-AYERS STREET TO LOUISIANA AVENUE 3. GREENWOOD DRIVE-GOLL.IHAR ROAD TO HORNE ROAD 4. OCEAN DRIVE-BUFORD STREET TO LOUl51ANA AVENUE S. TULOSo ROAD -1H 37 TO LEOPARD STREET 6. SOUTH STAPLES STREETERAWNER PARKWAY TO KOSTORYZ ROAD 7. SOUTH STAPLES STREET -MORGAN AVENUE TO IH 37 6. MCARDLE ROAD -NILE DRIVE: TO ENNIS JOSLIN ROAD 9. MCARDLE ROAD-WHITAKER DRIVE TO NILE DRIVE ID. KOSTORYZ ROAD-BRAWNER PARKWAY TO STAPLES STREET 11. HORNE ROAD -AVERS STREET TO PORT AVENUE 12. MORGAN AVENUE -STAPLES STREET TO CROSSTOWN FREEWAY 13. TWIGG STREET.SHORELINE BOULEVARD TO LOWER BROADWAY 14. LEOPARD ROAD -CROSSTOWN FREEWAY TO PALM ©RIVE 15. CLARKW00D ROAD -UP RIVER ROAD TO LEOPARD STREET H HOLLY ROAD (IVP© FUNDED FY 161 CROSSTOWN FREEWAY TO GREENWOOD W WILLIAM'S DRIVE (MPO FUNDED FY 14) -STAPLES STREET 7O AiRLtNE ROAD 16. LAGUNA SNORES-MEOETERRANEAN TO DE AT WYNDALE 17. AYERS STREET-ALAMEDA STREET' TO OCEAN DRIVE 15. AIRPORT-HORNE ROAD TO MORGAN AVENUE July 2012 '19. AIRLINE. ROAD-WOOLDRIUGE ROAD TO HOLLY ROAD 20. AIRLINE ROAD -HOLLY ROAD TO MCARDLE ROAD 21. WALDRON ROAD -CARIBBEAN DRIVE TO YORKTOWN BOULEVARD 22. EVERHART' ROAD-SPID TO SOUTH ALAMEDA STREET 23. CARMEL PARKWAY NORTH -STAPLES STREET TO CENTER DRIVE 24. CARMEL PARKWAY SOUTH-ALAMEDA STREET TO STAPLES STREET 25. AYERS SIDEWALKS -PORT AVENUE TO SP1D AGENDA MEMORANDUM Action Item for the City Council Meeting of July 31, 2012 DATE: July 19, 2012 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, Director of Planning & Environmental Services PeteAn@cctexas.com 826 -3781 Discussion and Possible Action Regarding Proposition and Ballot Language for Bond 2012 CAPTION: Discussion and possible action regarding proposition and ballot language for bond issuance in the following amounts for projects as follows: Proposition 1 with $55,000,000 for street projects; Proposition 2 with $ 1,750,000 for City Hall improvements; Proposition 3 with $4,750,000 for Service Center Complex improvements; Proposition 4 with $16,000,000 for Parks and Recreation improvements; Proposition 5 with $2,340,000 for Museum and Library improvements; Proposition 6 with $820,000 for Public Health improvements; Proposition 7 with $700,000 for Public Safety improvements; Proposition 8 with $9,050,000 for Economic Development projects and Proposition 9 with $60,000,000 for Destination Bayfront; and Resolution directing staff to prepare election ordinance with approved proposition and ballot language. PURPOSE: Discussion and possible action regarding Bond Propositions and ballot language for November 6, 2012 Election. City Council shall advise staff of the Bond Propositions to be included in the Ordinance calling for the November 6, 2012 Election. • Motion to approve Proposition 1 and ballot language regarding $55,000,000 bond issuance for street projects. • Motion to approve Proposition 2 and ballot language regarding $1,750,000 bond issuance for City Hall improvements. • Motion to approve Proposition 3 and ballot language regarding $4,750,000 bond issuance for Service Center Complex improvements. • Motion to approve Proposition 4 and ballot language regarding $16,000,000 bond issuance for Parks and Recreation improvements. • Motion to approve Proposition 5 and ballot language regarding $2,340,000 bond issuance for Museum and Library improvements. • Motion to approve Proposition 6 and ballot language regarding $820,000 bond issuance for Public Health improvements. • Motion to approve Proposition 7 and ballot language regarding $700,000 bond issuance for Public Safety improvements. • Motion to approve Proposition 8 and ballot language regarding $9,050,000 bond issuance for Economic Development projects. • Motion to approve Proposition 9 and ballot language regarding $60,000,000 bond issuance for Destination Bayfront. • Resolution directing staff to prepare the ordinance calling the November 6, 2012 election to include bond proposition language approved during meeting of July 31, 2012. BACKGROUND AND FINDINGS: Staff will present package options for Bond Issue 2012. City Council shall advise staff of the Bond Propositions to be included in the Ordinance calling for the November 6, 2012 Election. ALTERNATIVES: Alternatives considered by City Council include the following. Planning Commission Recommendation (July 11, 2011): After the Public Hearing on July 11, 2012 the Planning Commission recommended that of the $ 55 million which is available for Capital Improvements for Bond 2012 with no tax rate increase that $ 52.5 million be allocated for street and associated utility improvements and that $ 2.5 million be allocated for public facilities. The Commission's recommendation includes a stipulation that the proposed portions of Holly Road and Williams Drive be included in the $ 52.5 million allocation because these two projects will receive 80% TxDOT funding for street improvements. In addition the Commission recommended that Navigation Blvd. and Tuloso Road not be included in the allocation and instead the surrounding industries shall participate in funding these street improvements. OTHER CONSIDERATIONS: Identification of corresponding cost impacts to Corpus Christi property owners and citizens in the form of possible ad valorem tax increases, the possible creation of a street user fee, increased utility rates, etc. to pay for the debt service of the general obligation bonds issued for Bond 2012 proj ects. CONFORMITY TO CITY POLICY: All proposed capital improvement projects have been vetted for consistency with the City's Comprehensive Plan including the Corpus Christi Policy Statements, Transportation Master Plan; the various Utilities Master Plans; Parks, Recreation and Open Space Master Plan; Airport Master Plan and all other plans. EMERGENCY / NON - EMERGENCY: Staff is requesting an emergency reading. In order to meet the deadline as prescribed by state law for calling the Bond Election on November 6, 2012, City Council must have an emergency reading to approve the Ordinance on August 14, 2012 calling the Bond Election because there will be no council meeting on August 7, 2012. According to Article II, Section 14 of the City Charter, an item can be classified as an emergency because it calls for "immediate action necessary for the efficient and effective administration of the city's affairs ". DEPARTMENTAL CLEARANCES: Planning & Environmental Services Dept. Engineering Services Dept. Legal Department Finance Dept. Management and Budget Dept. City Secretary's Office 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 0 0 $ 150,410,000 $ 150,410,000 Encumbered / Expended Amount 0 0 0 0 This item 0 0 0 0 BALANCE 0 0 $ 150,410,000 $ 150,410,000 Fund(s): RECOMMENDATION: Funding for general obligation bonds for capital needs such as streets, public facilities, parks and other projects will require issuance of voter - approved bonds. In formulating a recommended Bond 2012 program, staff has compiled a list of projects consistent with prioritized needs as indentified by Council at the workshop held on July 24, 2012. This item will finalize the proposed Bond Issue Propositions with detailed projects and packaging for the November 6, 2012 Bond Election. City Council will advise staff of the Bond Propositions and packaging to be included in the August 14, 2012 Ordinance calling for the November 6, 2012 Election. LIST OF SUPPORTING DOCUMENTS: Resolution Revised Bond 2012 Potential Projects List (by Proposition) MOTIONS AND RESOLUTION REGARDING BOND 2012 • Motion to approve Proposition 1 and ballot language regarding $55,000,000 bond issuance for streets. • Motion to approve Proposition 2 and ballot language regarding $1,750,000 bond issuance for City Hall improvements. • Motion to approve Proposition 3 and ballot language regarding $4,750,000 bond issuance for Service Center Complex improvements. • Motion to approve Proposition 4 and ballot language regarding $16,000,000 bond issuance for Park and Recreation improvements. • Motion to approve Proposition 5 and ballot language regarding $2,340,000 bond issuance for Museum and Library improvements. • Motion to approve Proposition 6 and ballot language regarding $820,000 bond issuance for Public Health improvements. • Motion to approve Proposition 7 and ballot language regarding $700,000 bond issuance for Public Safety improvements. • Motion to approve Proposition 8 and ballot language regarding bond issuance not to exceed $9,050,000 for Economic Development projects. • Motion to approve Proposition 9 and ballot language regarding bond issuance not to exceed $60,000,000 for Destination Bayfront. • Resolution directing staff to prepare the ordinance calling the November 6, 2012 election to include bond proposition and ballot language approved during meeting of July 31, 2012. Resolution directing staff to prepare the ordinance calling the November 6, 2012 election to include bond proposition and ballot language approved during meeting of July 31, 2012. Be it resolved by the City Council of Corpus Christi, Texas: Section 1. That City Council directs staff to prepare an ordinance for City Council consideration at its meeting of August 14, 2012, which calls the November 6, 2012 election and includes the proposition and ballot language approved during meeting of July 31, 2012. ATTEST: CITY OF CORPUS CHRISTI 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 Bond 2012 Potential Projects List PROPOSITION NO. 1: STREET PROJECTS 1 Navigation Boulevard 2 South Alameda Street 3 Greenwood Drive 4 Ocean Drive 5 Tuloso Road 6 South Staples Street 7 South Staples Street 8 McArdle Road 9 McArdle Road 10 Kostoryz Road 11 Horne Road 12 Morgan Avenue 13 Twigg Street 14 Leopard Road 15 Holly Road (MPO funded FY 16) 16 Williams Drive(MPO funded FY 14) 17 Yorktown Boulevard 18 ADA Master Plan Imp. 19 Signal Improvements and Street Lighting 20 TxDOT Participation Up River Road Ayers Street Gollihar Road Buford Street IH 37 Brawner Parkway Morgan Avenue Nile Drive Whitaker Drive Brawner Parkway Ayers Street Staples Street Shoreline Boulevard Crosstown Fwy Crosstown Fwy Staples Street Rodd Field Road Leopard Street Louisiana Avenue Horne Road Louisiana Avenue Leopard Street Kostoryz Road IH 37 Ennis Joslin Road Nile Drive Staples Street Port Avenue Crosstown Freeway Lower Broadway Palm Drive Greenwood Drive Airline Road Cimarron Boulevard city -wide city -wide city -wide 54,000 52,300 52,100 $5,500 $1,800 $3,400 55,300 $3,100 52,900 53,300 5900 $2,300 51,400 52,600 52,500 51,700 $3,800 $2,300 52,400 51,400 Utility Cost ($k) Total Cost ($k) 53,100 52,800 51,700 52,700 51,400 52,700 54,100 52,400 52,300 52,600 5700 51,800 51,100 52,000 $4,500 $2,300 52,500 $0 50 $0 57,100 55,100 53,800 53,200 53,200 56,100 59,400 55,500 55,200 55,900 51,600 54,100 52,500 54,600 $7,000 $4,000 $6,300 $2,300 52,400 $1,400 TOTAL PROPOSITION NO. 1 (STREET PROJECTS): $55,000 $40,700 $95,700 PROPOSITION NO. 2: CITY HALL IMPROVEMENTS Description 21 CityHall/ MISDataCenter - FireSuppressionendAtariUpgrades 22 City Hall Roof Repair & Waterproofing Repairs (Exterior) General Services General Services $550 51,200 TOTAL PROPOSITION NO. 2 (CITY HALL IMPROVEMENTS): $1,750 PROPOSITION NO. 3: SERVICE CENTER COMPLEX IMPROVEMENTS E Description :. 23 Streets & Solid Waste Administration Building Roof Replacement 24 Signs /Signal Operations - New Shop and Office Facility 25 Animal Control Remodel /Improvements 26 Fleet Maintenance Heavy Equipment Shop Roof 27 Streets & Solid Waste Storage Building Structure with Slab (New Facility) Solid Waste Engineering Police General Services Solid Waste 5300 $2,500 51,150 $350 5450 TOTAL PROPOSITION NO. 3 (SERVICE CENTER COMPLEX IMPROVEMENTS): $4,750 7/26/2012 Bond 2012 Potential Projects List PROPOSITION NO. 4: PARKS AND RECREATION IMPROVEMENTS 1 28 Community Park Development and Improvements 29 Hike& Bike Trail Development 30 Aquatic Facility Upgrades and Improvements 31 Tennis Center Repairs and Upgrades (HEB /AI Kruse) 32 Ocean Drive Park Improvements rarK w rcecreation Park & Recreation Park & Recreation Park & Recreation Park & Recreation 55,000 51,500 53,500 53,000 53,000 TOTAL PROPOSITION NO. 4 (PARKS AND RECREATION IMPROVEMENTS): $16,000 PROPOSITION NO. 5: MUSEUM AND LIBRARY IMPROVEMENTS 33 Museum Roof Replacement Museum 51,600 34 Central Library Roof Replacement Library 5260 35 Northwest & Garcia Library Roof Replacement Library 580 36 Facilities ADA Improvements: South Texas Art Museum, Barge Dock Parking Lot Engineering 5400 TOTAL PROPOSITION NO. 5 (MUSEUM AND LIBRARY IMPROVEMENTS): $2,340 PROPOSITION NO. 6: PUBLIC HEALTH IMPROVEMENTS 37 Health Department East Rear Restroom Repair /WIC Building Roof 38 Health Department Building Parking Lot Health Health 1 5220 5600 TOTAL PROPOSITION NO. 6 (PUBLIC HEALTH IMPROVEMENTS): $820 PROPOSITION NO. 7: PUBLIC SAFETY IMPROVEMENTS 39 Vehicle Impound Yard and Garage - Phase 2 Police 5700 TOTAL PROPOSITION NO. 7 (PUBLIC HEALTH IMPROVEMENTS): $700 7/26/2012 Bond 2012 Potential Projects List PROPOSITION NO. 8: ECONOMIC DEVELOPMENT PROJECTS 40 SeaTown Pedestrian Improvements TBD 41 North Beach Area Road none Improvements & Area Beautification 42 JFK Area Improvements none North Beach Breakwater, Plaza, North Lexington & Aquarium 43 (10% each match of non - Shoreline Repair and Enhancement utility) 50 5500 5140 50 5600 5500 50 5650 5630 5250 51,000 5750 5640 51,100 51,280 51,750 44 Developer Participation TBD TBD 53,000 50 53,000 County Road 52 Extension (CR69 to Nueces County (50% of 45 $2,500 52,500 51,300 53,800 FM 1889) Street and Storm Water) 46 International Blvd. CC International Airport ($250k) 5250 5300 5700 51,500 TOTAL PROPOSITION NO. 8 (ECONOMIC DEVELOPMENT PROJECTS): $9,050 $4,020 $13,070 PROPOSITION NO. 9: DESTINATION BAYFRONT 4111 Contributor Expected Contribution Bond Cost ($k) Utility Cost ($k) Total Cost ($k) 47 Destination Bayfront Private Donors (TBD) 515,000 560,000 50 560,000 TOTAL PROPOSITION NO. 9 (DESTINATION BAYFRONT): $60,000 $o $60,000 BOND 2012 TOTAL MMMM Bond Cost ($k) Utility Cost ($k) Total Cost ($k) TOTAL BOND 2012 (PROPOSITION NO's. 1 thru 9): $150,410 $44,720 $195,130 7/26/2012 PROPOSITION NO. 1 STREETS Shall the City of Corpus Christi, Texas be authorized, in accordance with applicable law, to issue bonds of the City, in one or more series or issues and in the aggregate principal amount of $55,000,000.00, with such series or issues of bonds, respectively, to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance), as shall all be determined within the discretion of the City Council, for the purpose of making permanent public improvements or for other public purposes, to wit: designing, constructing,, renovating, improving, and making permanent street improvements throughout the City, including (without limitation) constructing, reconstructing, restructuring and extending streets and thoroughfares and related sidewalks, streetscapes and collectors (but specifically excluding related City utility costs, which are the responsibility of the City's utility system), with priority given to the following street projects: NAVIGATION BOULEVARD, generally from Up River Road to Leopard Street SOUTH ALAMEDA STREET, generally from Ayers Street to Louisiana Avenue GREENWOOD DRIVE, generally from Gollihar Road to Horne Road OCEAN DRIVE, generally from Buford Street to Lousiana Avenue TULOSO ROAD, generally from IH 37 to Leopard Street SOUTH STAPLES STREET, generally from Brawner Parkway to Kostoryz Road SOUTH STAPLES STREET, generally from Morgan Avenue to IH 37 MCARDLE ROAD, generally from Nile Drive to Ennis Joslin Road MCARDLE ROAD, generally from Whitaker Drive to Nile Drive KOSTORYZ ROAD, generally from Brawner Parkway to Staples Street HORNE ROAD, generally from Ayers Street to Port Avenue MORGAN AVENUE, generally from Staples Street to Crosstown Freeway TWIGG STREET, generally from Shoreline Boulevard to Lower Broadway LEOPARD STREET, generally from Crosstown Freeway to Palm Drive HOLLY ROAD, generally from Crosstown Freeway to Greenwood Drive (contingent on receipt of federal leveraging funds) WILLIAMS DRIVE, generally from Staples Street to Airline Road (contingent on receipt of federal leveraging funds) YORKTOWN BOULEVARD, generally from Rodd Field Road to Cimarron Road CITY -WIDE ADA MASTER PLAN IMPROVEMENTS CITY-WIDE SIGNAL IMPROVEMENTS AND STREET LIGHTING CITY-WIDE STREET PROJECTS RECEIVING LEVERAGING FUNDS FROM THE TEXAS DEPARTMENT OF TRANSPORTATION and in providing for the above public improvements, the City Council shall have the option to (i) utilize other funds available for such purposes and (ii) abandon such indicated public improvements that are reliant, in part, on external sources of funding that (for whatever reason) do not materialize, and after making due provision for the improvements listed above or determining that an expected external source of revenue will not become available, the City Council may, in its discretion, use any excess funds for constructing, reconstructing, restructuring and extending other streets, and thoroughfares and related sidewalks, streetscapes and collectors (but excluding related City utility costs, as specified above); and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds? FOR AGAINST BALLOT LANGUAGE: PROPOSITION NO. 1 STREETS THE ISSUANCE OF BONDS FOR DESIGNING, CONSTRUCTING, RENOVATING, AND MAKING PERMANENT STREET IMPROVEMENTS IN THE AGGREGATE PRINCIPAL AMOUNT OF $55,000,000 INCLUDING: NAVIGATION BOULEVARD, generally from Up River Road to Leopard Street SOUTH ALAMEDA STREET, generally from Ayers Street to Louisiana Avenue GREENWOOD DRIVE, generally from Gollihar Road to Horne Road OCEAN DRIVE, generally from Buford Street to Lousiana Avenue TULOSO ROAD, generally from IH 37 to Leopard Street SOUTH STAPLES STREET, generally from Brawner Parkway to Kostoryz Road SOUTH STAPLES STREET, generally from Morgan Avenue to IH 37 MCARDLE ROAD, generally from Nile Drive to Ennis Joslin Road MCARDLE ROAD, generally from Whitaker Drive to Nile Drive KOSTORYZ ROAD, generally from Brawner Parkway to Staples Street HORNE ROAD, generally from Ayers Street to Port Avenue MORGAN AVENUE, generally from Staples Street to Crosstown Freeway TWIGG STREET, generally from Shoreline Boulevard to Lower Broadway LEOPARD STREET, generally from Crosstown Freeway to Palm Drive HOLLY ROAD, generally from Crosstown Freeway to Greenwood Drive, (contingent upon receipt of federal leveraging funds) WILLIAMS DRIVE, generally from Staples Street to Airline Road, (contingent upon receipt of federal leveraging funds) YORKTOWN BOULEVARD, generally from Rodd Field Road to Cimarron Road ADA MASTER PLAN IMPROVEMENTS- citywide SIGNAL IMPROVEMENTS AND STREET LIGHTING - citywide TXDOT PARTICIPATION PROJECTS AND OTHER STREET IMPROVEMENTS. PROPOSITION NO. 2 CITY HALL IMPROVEMENTS Shall the City of Corpus Christi, Texas be authorized, in accordance with applicable law, to issue bonds of the City, in one or more series or issues and in the aggregate principal amount of $1,750,000.00, with such series or issues of bonds, respectively, to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance), as shall all be determined within the discretion of the City Council, for the purpose of making permanent public improvements or for other public purposes, to wit: designing, constructing, renovating, improving, and equipping City Hall (including fire system improvements, roof repairs, and other general repairs and renovations); and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds? FOR AGAINST BALLOT LANGUAGE: PROPOSITION NO. 2 CITY HALL IMPROVEMENTS THE ISSUANCE OF BONDS FOR THE DESIGN, CONSTRUCTION, RENOVATION, IMPROVEMENT, AND EQUIPMENT OF CITY HALL. IMPROVEMENTS IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,750,000 INCLUDING: CITY HALL FIRE SUPPRESSION AND FIRE ALARM UPGRADES CITY HALL ROOF REPAIR AND WATERPROOFING (EXTERIOR) AND OTHER CITY HALL IMPROVEMENTS. PROPOSITION NO. 3 SERVICE CENTER COMPLEX IMPROVEMENTS Shall the City of Corpus Christi, Texas be authorized, in accordance with applicable law, to issue bonds of the City, in one or more series or issues and in the aggregate principal amount of $4,750,000.00, with such series or issues of bonds, respectively, to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance), as shall all be determined within the discretion of the City Council, for the purpose of making permanent public improvements or for other public purposes, to wit: designing, constructing, renovating, expanding, improving, and equipping the City's Service Center Complex (including Streets and Solid Waste Administration Building Roof Replacement, expansion of Signs/Signal Operations facilities, renovations and improvements to Animal Control facilities, roof repairs to Fleet Maintenance/Heavy Equipment facilities, construction of new facilities for Streets & Solid Waste); and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds? FOR AGAINST BALLOT LANGUAGE: PROPOSITION NO. 3 SERVICE CENTER COMPLEX IMPROVEMENTS THE ISSUANCE OF BONDS FOR THE DESIGN, CONSTRUCTION, RENOVATION, EXPANSION, IMPROVEMENT, AND EQUIPMENT OF THE CITY SERVICE CENTER COMPLEX IN THE AGGREGATE PRINCIPAL AMOUNT OF $4,750,000 INCLUDING: STREETS AND SOLID WASTE ADMINISTRATION BUILDING ROOF REPLACEMENT SIGNS /SIGNAL OPERATIONS - NEW SHOP AND OFFICE FACILITY ANIMAL CONTROL REMODEL /IMPROVEMENTS FLEET MAINTENANCE HEAVY EQUIPMENT SHOP ROOF STREETS & SOLID WASTE STORAGE BUILDING STRUCTURE WITH SLAB (NEW FACILITY) AND OTHER SERVICE CENTER COMPLEX IMPROVEMENTS. PROPOSITION NO. 4 PARKS & RECREATION Shall the City of Corpus Christi, Texas be authorized, in accordance with applicable law, to issue bonds of the City, in one or more series or issues and in the aggregate principal amount of $16,000,000.00, with such series or issues of bonds, respectively, to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance), as shall all be determined within the discretion of the City Council, for the purpose of making permanent public improvements or for other public purposes, to wit: designing, constructing, renovating, improving, and equipping City parks and recreation facilities, with priority given to the following City parks and recreation projects: Community Park Development and Improvements Hike & Bike Trail Development Aquatic Facility Upgrades and Improvements Tennis Center Repairs and Upgrades (H.E.B. & AI Kruse Centers) Ocean Drive Park Improvements and in providing for the above public improvements, the City Council shall have the option to utilize other funds available for such purposes, and after making due provision for the improvements listed above, the City Council may, in its discretion, use any excess funds for designing, constructing, renovating, improving, and equipping other City parks and recreation facilities; and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds? FOR AGAINST BALLOT LANGUAGE: PROPOSITION NO. 4 PARKS & RECREATION THE ISSUANCE OF BONDS FOR DESIGNING, CONSTRUCTING, RENOVATING, IMPROVING, AND EQUIPPING CITY PARKS AND RECREATIONAL FACILITIES IN THE AGGREGATE PRINCIPAL AMOUNT OF $16,000,000 INCLUDING: COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS HIKE & BIKE TRAIL DEVELOPMENT AQUATIC FACILITY UPGRADES AND IMPROVEMENTS TENNIS CENTER REPAIRS AND UPGRADES (H.E.B. &AL KRUSE CENTERS) OCEAN DRIVE PARK IMPROVEMENTS AND OTHER PARK AND RECREATION IMPROVEMENTS. PROPOSITION NO. 5 MUSEUM AND LIBRARY IMPROVEMENTS Shall the City of Corpus Christi, Texas be authorized, in accordance with applicable law, to issue bonds of the City, in one or more series or issues and in the aggregate principal amount of $2,340,000.00, with such series or issues of bonds, respectively, to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance), as shall all be determined within the discretion of the City Council, for the purpose of making permanent public improvements or for other public purposes, to wit: designing, constructing, renovating, improving, and equipping City museums and libraries, with priority given to the following City museum and library projects: Museum of Science and History Roof Replacement Central Library Roof Replacement Northwest Library and Garcia Library Roof Replacement ADA improvements to South Texas Art Museum building and Barge Dock parking lot and in providing for the above public improvements, the City Council shall have the option to utilize other funds available for such purposes, and after making due provision for the improvements listed above, the City Council may, in its discretion, use any excess funds for designing, constructing, renovating, improving, and equipping other City museums and library facilities; and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds? FOR AGAINST BALLOT LANGUAGE: PROPOSITION NO. 5 MUSEUM & LIBRARY IMPROVEMENTS THE ISSUANCE OF BONDS FOR DESIGNING, CONSTRUCTING, RENOVATING, IMPROVING AND EQUIPPING MUSEUM AND LIBRARY FACILITIES IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,340,000 INCLUDING: MUSEUM OF SCIENCE AND HISTORY ROOF REPLACEMENT CENTRAL LIBRARY ROOF REPLACEMENT NORTHWEST LIBRARY AND GARCIA LIBRARY ROOF REPLACEMENT ADA IMPROVEMENTS TO SOUTH TEXAS ART MUSEUM BUILDING AND BARGE DOCK PARKING LOT AND OTHER MUSEUM AND LIBRARY IMPROVEMENTS. PROPOSITION NO. 6 PUBLIC HEALTH IMPROVEMENTS Shall the City of Corpus Christi, Texas be authorized, in accordance with applicable law, to issue bonds of the City, in one or more series or issues and in the aggregate principal amount of $820,000.00, with such series or issues of bonds, respectively, to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance), as shall all be determined within the discretion of the City Council, for the purpose of making permanent public improvements or for other public purposes, to wit: designing, constructing, renovating, improving, and equipping City public health facilities, with priority given to the following City public health facility projects: Health Department East Rear Restroom Repair and WIC Building Roof Repair Health Department Building Parking Lot and in providing for the above public improvements, the City Council shall have the option to utilize other funds available for such purposes, and after making due provision for the improvements listed above, the City Council may, in its discretion, use any excess funds for designing, constructing, renovating, improving, and equipping other City public health facilities; and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds? FOR AGAINST BALLOT LANGUAGE: PROPOSITION NO. 6 PUBLIC HEALTH IMPROVEMENTS THE ISSUANCE OF BONDS FOR DESIGNING, CONSTRUCTING, RENOVATING, IMPROVING AND EQUIPPING PUBLIC HEALTH FACILITIES IN THE AGGREGATE PRINCIPALAMOUNT OF $820,000 INCLUDING: HEALTH DEPARTMENT EAST REAR RESTROOM REPAIR AND WIC BUILDING ROOF HEALTH DEPARTMENT BUILDING PARKING LOT AND OTHER PUBLIC HEALTH IMPROVEMENTS. PROPOSITION NO. 7 PUBLIC SAFETY IMPROVEMENTS Shall the City of Corpus Christi, Texas be authorized, in accordance with applicable law, to issue bonds of the City, in one or more series or issues and in the aggregate principal amount of $700,000.00, with such series or issues of bonds, respectively, to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance), as shall all be determined within the discretion of the City Council, for the purpose of making permanent public improvements or for other public purposes, to wit: designing, constructing, renovating, improving, and equipping City public safety facilities (fire, police, animal control, and emergency medical services), with priority given to constructing Phase 2 of the Vehicle Impound Yard and Garage; and in providing for the above public improvements, the City Council shall have the option to utilize other funds available for such purposes, and after making due provision for the improvements listed above, the City Council may, in its discretion, use any excess funds for designing, constructing, renovating, improving, and equipping other City public safety facilities; and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds? FOR AGAINST BALLOT LANGUAGE: PROPOSITION NO. 7 PUBLIC SAFETY IMPROVEMENTS THE ISSUANCE OF BONDS FOR DESIGNING, CONSTRUCTING, RENOVATING, IMPROVING, AND EQUIPPING PUBLIC SAFETY IMPROVEMENTS IN THE AGGREGATE PRINCIPAL AMOUNT OF $700,000 INCLUDING: VEHICLE IMPOUND YARD AND GARAGE - PHASE 2 AND OTHER PUBLIC SAFETY IMPROVEMENTS. PROPOSITION NO. 8 ECONOMIC DEVELOPMENT PROJECTS Shall the City of Corpus Christi, Texas be authorized, in accordance with applicable law, to issue bonds of the City, in one or more series or issues and in the aggregate principal amount not to exceed $9,050,000.00, with such series or issues of bonds, respectively, to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance), as shall all be determined within the discretion of the City Council, for the purpose of making permanent public improvements or for other public purposes, to wit: designing, constructing, renovating, improving, and equipping City streets, sidewalks, and related facilities that are expected to promote and expand business activities in the City, with priority given to the following City streets, sidewalks, and related facility projects in promotion of economic development: Sea Town Pedestrian Improvements North Beach Area Road Improvements (including relating landscaping and public art) JFK Causeway Area Improvements North Beach Breakwater, Plaza, North Shoreline Road Repair and Enhancement (contingent upon receipt of leveraging funds) County Road 52 Extension, generally County Road 69 to FM 1889 (contingent upon receipt of leveraging funds) International Boulevard (contingent upon receipt of leveraging funds) Other street and utility construction projects for which the City receives developer participation and in providing for the above public improvements, the City Council shall have the option to (i) utilize other funds available for such purposes and (ii) abandon such public improvements that are reliant, in part, on external sources of funding that (for whatever reason) do not materialize, and after making due provision for the improvements listed above or determining that an expected external source of revenue will not become available, the City Council may, in its discretion, use any excess funds for designing, constructing, renovating, improving, and equipping City streets, sidewalks, and related facilities that are expected to promote and expand business activities in the City; and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds? FOR AGAINST BALLOT LANGUAGE: PROPOSITION NO. 8 ECONOMIC DEVELOPMENT PROJECTS THE ISSUANCE OF BONDS FOR THE DESIGN, CONSTRUCTION, RENOVATING, IMPROVEMENT, AND EQUIPMENT OF CITY STREETS, SIDEWALKS, AND RELATED FACILITIES THAT ARE EXPECTED TO PROMOTE AND EXPAND BUSINESS ACTIVITIES, IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $9,050,000, INCLUDING: SEATOWN PEDESTRIAN IMPROVEMENTS NORTH BEACH AREA ROAD IMPROVEMENTS AND AREA BEAUTIFICATION JFK CAUSEWAY AREA IMPROVEMENTS NORTH BEACH BREAKWATER, PLAZA, NORTH SHORELINE REPAIR AND ENHANCEMENT (contingent upon receipt of leveraging funds) COUNTY ROAD 52 EXTENSION, GENERALLY COUNTY ROAD 69 TO FM 1889 (contingent upon receipt of leveraging funds) INTERNATIONAL BOULEVARD (contingent upon receipt of leveraging funds) OTHER STREET AND UTILITY CONSTRUCTION PROJECTS FOR WHICH THE CITY RECEIVES DEVELOPER PARTICIPATION AND OTHER ECONOMIC DEVELOPMENT PROJECTS. PROPOSITION NO. 9 DESTINATION BAYFRONT Shall the City of Corpus Christi, Texas be authorized, in accordance with applicable law, to issue bonds of the City, in one or more series or issues and in the aggregate principal amount not to exceed $60,000,000.00, with such series or issues of bonds, respectively, to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance), as shall all be determined within the discretion of the City Council, for the purpose of making permanent public improvements or for other public purposes, to wit: designing, constructing, renovating, improving, redeveloping, and equipping public improvements, amenities, and facilities (including streets, sidewalks, parks and other recreation facilities, and economic development improvements) within the 34 acres of public land along the Bayfront known as Destination Bayfront, with priority given to the following Destination Bayfront Improvements: Park improvements, to include areas for community festivals, children's play area, family play areas, enhancements to Veteran's Sherrill Park, and a dog park Public Pier Boardwalk along the Seawall with shops, restaurants, shade structures and restrooms and in providing for the above public improvements, the City Council shall have first established a public-private partnership with one or more parties having an interest in the development of Destination Bayfront that results in the City receiving at least $1 in private funds supporting Destination Bayfront for every $4 of City bond funds spent to improve Destination Bayfront, and after making due provision for the improvements listed above, the City Council may, in its discretion (but subject to the same leveraging requirements described above), use any excess funds designing, constructing, renovating, improving, redeveloping, and equipping public improvements, amenities, and facilities (including streets, sidewalks, parks and other recreation facilities, and economic development improvements) within Destination Bayfront; and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds? FOR AGAINST BALLOT LANGUAGE: PROPOSITION NO. 9 DESTINATION BAYFRONT THE ISSUANCE OF BONDS FOR THE DESIGN, CONSTRUCTION, RENOVATION, IMPROVEMENT, REDEVELOPMENT, AND EQUIPMENT OF PUBLIC IMPROVEMENTS, AMENITIES, AND FACILITIES IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $60,000,000, FOR DESTINATION BAYFRONT INCLUDING: PARK IMPROVEMENTS TO INCLUDE AREAS FOR COMMUNITY FESTIVALS, CHILDREN'S PLAY AREA, FAMILY PLAY AREAS, ENHANCEMENTS TO VETERAN'S SHERRILL PARK, AND A DOG PARK PUBLIC PIER BOARDWALK ALONG THE SEAWALL WITH SHOPS, RESTAURANTS, SHADE STRUCTURES AND RESTROOMS AND OTHER DESTINATION BAYFRONT PUBLIC AMENITIES AND IMPROVEMENTS, ALL CONTINGENT UPON RECEIPT OF LEVERAGING FUNDS FOR MAINTENANCE AND OPERATION. AGENDA MEMORANDUM Future Item for the City Council Meeting of July 24, 2012 Action Item for the City Council Meeting of July 31, 2012 DATE: TO: July 10, 2012 Ronald L. Olson, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Renewal of state and federal external legislative consultant contracts. CAPTION: Motion authorizing the City Manager to execute renewal agreements for governmental relation services with Focused Advocacy for state governmental relations services and with Meyers & Associates for federal governmental relations services. PURPOSE: Renewal of annual governmental relations contract between the City of Corpus Christi and Focused Advocacy for state governmental relations services and Meyers & Associates for federal governmental relations services. BACKGROUND AND FINDINGS: The City has engaged the services of external firms for state and federal governmental relations services for many years. Focused Advocacy became the City's consultant for state matters in 2011, but represented the City before that with a different firm. Meyers and Associates has represented the City since the early 1990s (1992 or 1993 ?). Both firms are well- respected and connected in their respective legislative arenas and have been effective and resourceful advocates for the City. The City's previous Director of Intergovernmental Relations, Rudy Garza, successfully negotiated terms of the contracts in 2011 saving the City thousands of dollars per month. The terms of the contracts remain the same for 2012. The instrument engaging Focused Advocacy has changed from a letter agreement to a contract, which City staff believes better represents the scope of work, duties and expectations. ALTERNATIVES: The City has only two potential options to renewing the contracts: (1) Not renewing one or both of the consulting contacts or (2) Selecting a different organization /individual to represent the City. OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: The agreements being proposed for renewal are consistent with past agreements and have been approved by the City Attorney. These funds are available and budgeted for the 2012 -2013 fiscal year. EMERGENCY / NON - EMERGENCY: This is a non - emergency item. DEPARTMENTAL CLEARANCES: ACM — Business Support Services City Attorney 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 $177,000 $177,000 Encumbered / Expended Amount This item BALANCE Fund(s): 1020, 4010, 4130, 4200 Comments: RECOMMENDATION: Staff recommends continuing the City's existing relationships with both Focused Advocacy in Austin and Meyers & Associates in Washington, D.C., for the 2012 -2013 fiscal year. The organizations have a record of success in assisting with achieving the City's priorities and are responsive to the City's needs. We recommend approval of the two contracts for the upcoming year. LIST OF SUPPORTING DOCUMENTS: Renewal contract with Focused Advocacy Renewal contract with Meyers & Associates Certification of Funds FOCUSED ADVOCACY CONTRACT FOR PUBLIC AFFAIRS CONSULTING SERVICES (City of Corpus Christi, Texas) This contract is made the day of July, 2012, between City of Corpus Christi, Texas, having its principal place of business at 1201 Leopard, Corpus Christi, TX 78401(hereinafter "Client ") and Focused Advocacy having its principal place of business at 823 Congress Avenue, Suite 1200, Austin, Texas 78701 (hereinafter "Consultant ") for the provision of public affairs consulting services related to the Client. 1. Services. Consultant will provide the services described below. a. At the direction of Client, represent the Client in dealings with elected and appointed officials, legislative staff, regulators, and interested stakeholders on matters of public policy identified by the Client with a particular emphasis on matters that impact municipal services and budgets. b. Provide analysis and tracking of government actions and decisions that could have an effect on the governmental affairs strategy of the Client. c. Advise Client on legislative actions contemplated and taken with respect to identified issues and goals. Assist in the development of a comprehensive strategy to accomplish Client's government affairs goals and objectives. d. Assist the Client in the passage of legislative initiatives that are proposed and identified by the Client as part of their overall legislative agenda. e. Consult with Client regarding the effectiveness of its relationships with elected officials, processes and the political environment in Texas. Identify and implement strategies to enhance Client profile with targeted individuals and entities including the arrangement of periodic visits and /or functions with key legislators and staff. f. Use best efforts to provide information to and educate decision makers with regard to Client's interests and government affairs objectives. Client will work to ensure Consultant has appropriate information and data to assist efforts in this regard. It is understood and agreed Consultant will not make representations or statements on Client's behalf without prior authorization to do so. 823 CONGRESS AVENUE, STE. 1200 • AUSTIN, TEXAS 78701 • INFO @FOCUSEDADVOCACY.COM FOCUSED ADVOCACY g. Monitor, by attendance at meetings and otherwise, state legislative and regulatory bodies considering legislation and /or rulemaking that would impact Client's government affairs objectives and interests. h. Monitor and track legislation that impacts Client's interest during the regular session and any called special sessions of the Texas Legislature during the term of the Agreement. Client or Consultant will identify such legislation as having a potential material impact on Client's interests. i. Consultant will assist in preparing city officials who testify before the Texas Legislature. As part of this preparation the Consultant will assist in formulating written and verbal testimony for city officials who provide testimony to legislative and administrative bodies. 2. Client Support and Communication. Consultant will provide Client both written and verbal status reports on all matters affecting their stated interests. Consultant will attend Client meetings, as requested and schedule permitting, to assure timely and effective communications. Snapper Carr and Brandon Aghamalian will serve as the primary contact on behalf of the Consultant. 3. Legal Services. It is understood and agreed that Consultant is being retained hereunder to provide governmental consulting services and not to provide legal advice or services to Client. In the event that legal opinions or financial analysis are needed at any time with respect to Client's interests, the decision to seek additional professional advice and services, and from whom, shall rest exclusively with Client. 4. Expansion of Scope of Work. Should representation expand significantly beyond the contemplated scope outlined in the Agreement, both parties will mutually agree to discuss the role of the expanded services and agree, if necessary, to discuss the payment of additional compensation during this unlikely event. It is also understood that the Consultant works independently of any additional consultants the Client may have under contract. 5. Term. This Agreement is effective on August 1, 2012 through July 31, 2013 (12 month period). Either party may terminate the contract by giving thirty (30) days written notice to the other party. 6. Compensation. In consideration for the performance of services, Client shall pay fees as follows: a. $6,000 (six thousand dollars) per month for the duration of the contract. The fee will be billed on or about the first of each month. 823 CONGRESS AVENUE, STE. 1200 • AUSTIN, TEXAS 78701 • INFO @FOCUSEDADVOCACY.COM FOCUSED ADVOCACY b. Payment shall be made to Focused Advocacy, LLC, 823 Congress Avenue, Suite 1200, Austin, Texas 78701 (Attention: Snapper L. Carr). 7. Independent Contractor Relationship. It is understood by the parties that Consultant is an independent contractor for the purposes of any federal and /or state laws including tax laws, and that Consultant is not in any way an employee, full or part -time of Client. 8. Expenses. Client agrees to pay Consultant's reasonable expenses incurred for pre - approved travel made at Client's request for work connected to this agreement. "Reasonable expenses" shall include airfare, hotels, taxis, shuttles, rental cars, meals. Consultant agrees to comply with all applicable expense reimbursement policies of the Client. Consultant shall provide documentation of all reimbursable expenses. Client shall pay these invoices within thirty (30) days of receipt. 9. State Law. Under Texas and federal law there are various requirements imposed on persons and organizations that interact with state officials, especially where an attempt is made to influence legislation or contracts. In this regard, Consultant will promptly inform Client when any such filings are necessary and shall seek registration with respect to the services to be performed on Client's behalf. Consultant agrees to perform its obligations under this contract in compliance with all applicable laws. 10. Lobby Activities and Reporting. The Texas ethics law and rules adopted by the Texas Ethics Commission require the Consultant to report compensation or reimbursement paid to Consultant for the purpose of directly communicating with members of the legislative or executive branch. Texas Ethics Commission Rules provide that a registrant receiving compensation or reimbursement for purposes other than lobby activities may reasonably determine the amount of compensation attributable to lobby activities and report only that amount. The rules define "lobby activity" as "Direct communication with one or more members of Texas legislative or executive branch to influence legislation or administrative action and activities in preparing for such direct communication." The Consultant will allocate on a reasonable basis, as allowed by the rules, the amount of the retainer paid to the Consultant that is being paid for "lobby activities ". Based upon Consultant's experience representing other clients, the Consultant believes 50 (fifty) percent will be a reasonable estimate of the monthly retainer attributable to "lobby activities." It is understood and agreed that the Consultant's activities will be monitored from time to time so that any change in the amount of time spent on lobby activities as 823 CONGRESS AVENUE, STE. 1200 • AUSTIN, TEXAS 78701 • INFO @FOCUSEDADVOCACY.COM HUSE ADVOCACY defined by the rules of the Texas Ethics Commission will be detected and updated, if necessary. 11. Confidentiality. If a party provides information or materials indicated to be confidential, the receiving party will maintain the confidentiality of such matters and not disclose any such information except in proper performance of this contract and as required by law. 12. Conflicts of Interest. By signing this Agreement, Client is consenting to the representation of multiple clients by the Consultant and is confirming that no direct conflicts of interest currently exist. If any such conflict should develop, Consultant agrees to bring that fact immediately to the attention of both Clients for resolution. Consultant will exercise extreme cares to avoid conflicts, unintended or otherwise, which arise, if ever, in the future. It is understood that Consultant intends to focus their legislative representation on local government issues and will undertake all necessary steps to avoid and prevent conflicts of interests with private sector interests. Consultant agrees to fully comply with the Texas Ethics laws concerning conflicts of interests. 13. Termination. Either party may terminate this agreement, without cause, upon thirty (30) days written notice to the other. The Client may also terminate this contract with fifteen (15) days notice if termination is caused due to an irresolvable conflict of interest. 14. Entire Agreement and Modifications. This Agreement contains the entire agreement and understandings of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether oral or written, negotiations and discussions. This Agreement may not be modified, rescinded or terminated orally, and no modification, rescission, termination or attempted waiver of any provision hereof (including this section) shall be valid unless in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement through their duly authorized officers, as of the date set forth above. City of Corpus Christi, Texas Focused Advocacy, LLC 823 CONGRESS AVENUE, STE. 1200 • AUSTIN, TEXAS 78701 • INFO @FOCUSEDADVOCACY.COM ADVOCACY By: By: Mr. Ron Olson Mr. Snapper L. Carr City Manager General Counsel Date: Date: ATTEST: City Secretary APPROVED AS TO FORM: City Attorney 823 CONGRESS AVENUE, STE. 1200 • AUSTIN, TEXAS 78701 • INFO @FOCUSEDADVOCACY.COM AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND MEYERS & ASSOCIATES FOR GOVERNMENTAL RELATIONS SERVICES This agreement is by and between the City of Corpus Christi (the "City ") and Meyers & Associates, a Washington based governmental relations consulting firm ( "Meyers "), and is effective the 1st day of August 2012. WITNES SETH: WHEREAS, many key goals of the City of Corpus Christi, especially economic development goals, are directly and critically affected by decisions of the United States Congress, President and Federal Agencies. These include, but are not limited to, protection of our military installations, assurance of an adequate water supply, reasonable air quality standards, the North Padre Island Storm Damage Reduction and Environmental Restoration Project, transportation, and various other regulatory and funding programs; and WHEREAS, Meyers specializes in providing governmental relations services in federal legislative and administrative matters. NOW, THEREFORE, for and in consideration and exchange of mutual covenants and conditions herein contained, the City and Meyers agree as follows: 1. City Duties. The City hereby appoints Meyers to act on its behalf to assist in furthering City goals in Washington under terms acceptable to the City including: a. The City, through its City Manager, Director of Intergovernmental Relations and City Attorney will supervise the activities of Meyers in monitoring and promoting policies which assist in furthering the City's interests and goals. b. The City will pay or cause to be paid to Meyers $6,000.00 monthly for assistance in accomplishing the above interests and goals plus reasonable associated out -of- pocket expenses. c. Such payments will commence in August 2012 and will continue for (12) twelve consecutive months subject to provisions for cancellation as set out below, and subject to annual appropriations by the City Council. d. The services and relationship between the City and Meyers may be terminated with 30 days notice by the City Manager. 2. Meyers' Duties. Meyers agrees that they will: Page 1 of 3 a. Use their best professional efforts to assist in the accomplishment of the interests and goals of the City. b. Perform all services according to high professional standards. c. Report any potential conflict of interest at once for resolution by the City Manager, should a potential conflict develop between services performed for the City and Meyers' other clients. d. Comply with all laws of the United States and regulations of the United States Congress with regard to representation and registration as may be required by such laws and regulations. e. Provide the City Manager periodic reports identifying services provided and any issues that could impact the City of Corpus Christi. 3. Term. This Agreement shall commence August 1, 2012 and continue until July 31, 2013, subject to the provisions for cancellation set out in Section 1 (d) above. 4. Independent Contractor. Nothing contained in this Agreement shall be construed to constitute Meyers as an employee or agent of the City nor shall either party have any authority to bind the other in any respect, it being intended that each shall remain an independent contractor responsible for its own actions. 5. Entire Agreement. This Agreement contains the entire understanding of the parties hereto with respect to the matters covered hereby. 6. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provisions of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such provision or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 7. Assignment. This Agreement may not be assigned by either party without mutual consent in writing. 8. Binding Effect. Subject to the provisions of Section 7 of this Agreement, this Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and assigns. 9. Amendment. This Agreement may be amended only by an instrument in writing executed by the parties hereto. 10. Captions. The section and paragraph headings in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Page 2 of 3 11. Governing law. This Agreement shall be construed and enforced in accordance with and governed by law of the State of Texas. 12. Counterparts. This Agreement may be executed in multiple original counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument. IN WITNESS WHEREOF, the parties hereto have signed this Agreement and same is made effective upon execution by all parties. APPROVED AS TO FORM: CITY ATTORNEY Carlos Valdez CITY OF CORPUS CHRISTI, TEXAS By: Ron L. Olson City Manager MEYERS & ASSOCIATES By: Page 3 of 3 Date Larry Meyers Date MEYERS & ASSOCIATES AGENDA MEMORANDUM Future Item for the City Council Meeting of July 24, 2012 Action Item for the City Council Meeting of July 31, 2012 DATE: July 31, 2012 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP ©cctexas.com (361) 826 -3227 Action Setting the City Council Meeting Date to Adopt the Property Tax Rate and to Schedule Two Public Hearings CAPTION: A. Motion setting August 28, 2012 as the date of the adoption of the ad valorem tax rate of $0.570557 per $100 valuation. B. Motion setting a public hearing on the ad valorem tax rate for August 14, 2012 and a second public hearing for August 21, 2012, during the regular City Council meeting beginning at 12:00 p.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. PURPOSE: The fiscal year 2012 -2013 proposed operating budget has assumed a tax rate of $0.570557 in the determination of ad valorem tax revenue for fiscal year 2012 -2013. Since this rate is anticipated to exceed the effective tax rate, the two motions noted above are needed for the City to be in compliance with "truth -in- taxation" as it relates to the Property Tax Code. BACKGROUND AND FINDINGS: If a proposed property tax rate exceeds the effective tax rate, the Property Tax Code requires that the governing body must vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item. This vote must be recorded. If the motion passes, then the governing body must schedule two public hearings on the proposal. Since the property tax rate in the proposed fiscal year 2012 -2013 budget is $0.570557 which is expected to exceed the effective tax rate, then State law requires the City Council to follow the steps outlined above. Additionally, the City will work with the Nueces County Tax Office to obtain the effective tax rate worksheet during the first week of August so that we can publish the required information in the Corpus Christi Caller -Times by August 5, 2012. If the information is not received in time to publish on August 5th, then it will be published the following week on August 12th Two public hearings will then be held — one on August 14, 2012, and the second on August 21, 2012. Then the vote for the final adoption of the tax rate will be held on August 28, 2012. The last step will be the approval of the tax levy in late September once the tax rate is adopted and the property tax bills are processed by the Nueces County Tax Office. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a FINANCIAL IMPACT: ❑Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - $ 77,518,178 $ 77,518,178 Encumbered /Expended amount of (date) - - - - This item - $ 77,518,178 $ 77,518,178 BALANCE - - $ - $ - FUND(S): General Fund $51,282,246 Debt Service Fund $26,235,932 COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motions as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: • N/A DEPARTMENTAL CLEARANCES: • Legal Department LIST OF SUPPORTING DOCUMENTS: • None cc: Lisa Aguilar, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager AGENDA MEMORANDUM Future Item for the City Council Meeting of July 24, 2012 Action Item for the City Council Meeting of July 31, 2012 DATE: July 31, 2012 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP ©cctexas.com (361) 826 -3227 Action Setting the City Council Meeting Date to Adopt the Property Tax Rate and to Schedule Two Public Hearings CAPTION: A. Motion setting August 28, 2012 as the date of the adoption of the ad valorem tax rate of $0.570557 per $100 valuation. B. Motion setting a public hearing on the ad valorem tax rate for August 14, 2012 and a second public hearing for August 21, 2012, during the regular City Council meeting beginning at 12:00 p.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. PURPOSE: The fiscal year 2012 -2013 proposed operating budget has assumed a tax rate of $0.570557 in the determination of ad valorem tax revenue for fiscal year 2012 -2013. Since this rate is anticipated to exceed the effective tax rate, the two motions noted above are needed for the City to be in compliance with "truth -in- taxation" as it relates to the Property Tax Code. BACKGROUND AND FINDINGS: If a proposed property tax rate exceeds the effective tax rate, the Property Tax Code requires that the governing body must vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item. This vote must be recorded. If the motion passes, then the governing body must schedule two public hearings on the proposal. Since the property tax rate in the proposed fiscal year 2012 -2013 budget is $0.570557 which is expected to exceed the effective tax rate, then State law requires the City Council to follow the steps outlined above. Additionally, the City will work with the Nueces County Tax Office to obtain the effective tax rate worksheet during the first week of August so that we can publish the required information in the Corpus Christi Caller -Times by August 5, 2012. If the information is not received in time to publish on August 5th, then it will be published the following week on August 12th Two public hearings will then be held — one on August 14, 2012, and the second on August 21, 2012. Then the vote for the final adoption of the tax rate will be held on August 28, 2012. The last step will be the approval of the tax levy in late September once the tax rate is adopted and the property tax bills are processed by the Nueces County Tax Office. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a FINANCIAL IMPACT: ❑Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - $ 77,518,178 $ 77,518,178 Encumbered /Expended amount of (date) - - - - This item - $ 77,518,178 $ 77,518,178 BALANCE - - $ - $ - FUND(S): General Fund $51,282,246 Debt Service Fund $26,235,932 COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motions as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: • N/A DEPARTMENTAL CLEARANCES: • Legal Department LIST OF SUPPORTING DOCUMENTS: • None cc: Lisa Aguilar, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager AGENDA MEMORANDUM Future Item for the City Council Meeting of July 24, 2012 Action Item for the City Council Meeting of July 31, 2012 DATE: July 31, 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 Issuance of Airport Certificates of Obligation CAPTION: Ordinance authorizing the issuance of "City of Corpus Christi, Texas Combination Tax and Surplus Airport Revenue Certificates of Obligation, Series 2012 (AMT)" in an amount not to exceed $6,000,000 for the purpose of financing costs associated with making permanent public improvements to the City's Airport System; providing for the payment of said Certificates by the levy of an ad valorem tax upon all taxable property within the City and further securing said Certificates by a lien on and pledge of the pledged revenues of the Airport System; providing the terms and conditions of said Certificates and resolving other matters incident and relating to the issuance, payment, security, sale, and delivery of said Certificates, including the approval and distribution of an Official Statement; authorizing the execution of a paying agent /registrar agreement and a purchase contract; complying with the requirements of the letter of representations 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 Certificates; enacting other provisions incident and related to the subject and purpose of this ordinance; and providing an effective date. PURPOSE: The City of Corpus Christi would like to issue up to $6,000,000 in certificates of obligation to fund costs associated with the City's portion of safety improvements on the runway at the Airport. BACKGROUND AND FINDINGS: The Federal Aviation Administration (FAA) has approved the planning, design, and construction of a runway safety project at the Airport, 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 would like to issue 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. 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. The notices were in the Corpus Christi Caller -Times on June 30th and July 7th Thirty days after the date of the first publication is July 30th, and so City Council action to approve this ordinance is scheduled for July 31st to be in compliance with the Local Government Code. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a FINANCIAL IMPACT: ❑Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - $ - $ - Encumbered /Expended amount of (date) - - - This item -Bond Proceeds - $ 6,000,000 $ 6,000,000 BALANCE - - $ 6,000,000 $ 6,000,000 FUND(S): Airport Capital Improvement Fund COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the ordinance as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: Issuance of municipal obligations are exempted from the City'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: • Bond Counsel • Legal Department LIST OF SUPPORTING DOCUMENTS: Ordinance 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 7/11/2012 ORDINANCE NO. AUTHORIZING THE ISSUANCE OF "CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND SURPLUS AIRPORT REVENUE CERTIFICATES OF OBLIGATION, SERIES 2012 (AMT)" IN AN AMOUNT NOT TO EXCEED $6,000,000 FOR THE PURPOSE OF FINANCING COSTS ASSOCIATED WITH MAKING PERMANENT PUBLIC IMPROVEMENTS TO THE CITY'S AIRPORT SYSTEM; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND FURTHER SECURING SAID CERTIFICATES BY A LIEN ON AND PLEDGE OF THE PLEDGED REVENUES OF THE AIRPORT SYSTEM; PROVIDING THE TERMS AND CONDITIONS OF SAID CERTIFICATES AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY, SALE, AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A PURCHASE CONTRACT; COMPLYING WITH THE REQUIREMENTS OF THE LETTER OF REPRESENTATIONS 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 CERTIFICATES; ENACTING OTHER PROVISIONS INCIDENT AND RELATED TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Corpus Christi, Texas (the City) has caused notice to be given of its intention to issue certificates of obligation in the maximum principal amount of $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. This notice has been duly published in a newspaper hereby found and determined to be of general circulation in the City, once a week for two (2) consecutive weeks, the date of the first publication of such notice being not less than thirty (30) days prior to the tentative date stated therein for the passage of the ordinance authorizing the issuance of such certificates of obligation; and 95635639.3 WHEREAS, the City Council hereby finds and determines that the issuance of the certificates of obligation, under the terms herein specified, is in the best interests of the City and its residents; and WHEREAS, no petition protesting the issuance of the certificates of obligation described in this notice, signed by at least 5% of the qualified electors of the City, has been presented to or filed with the City Secretary prior to the date tentatively set in such notice for the passage of this ordinance; and WHEREAS, the City Council hereby finds and determines that certificates of obligation in the principal amount of $ described in such notice should be issued and sold at this time; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. A. Authorization - Designation - Principal Amount - Purpose. The certificates of obligation of the City shall be and are hereby authorized to be issued in the aggregate principal amount of AND NO /100 DOLLARS ($ ), to be designated and bear the title of "CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND SURPLUS AIRPORT REVENUE CERTIFICATES OF OBLIGATION, SERIES 2012 (AMT)" (the Certificates), 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, pursuant to the authority conferred by and in conformity with the laws of the State of Texas, particularly the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code Section 271.041 through Section 271.064, Chapters 1371 and 1503, as amended, Texas Government Code, Chapter 22, as amended, Texas Transportation Code, the City's Home Rule Charter, and this Ordinance. B. Delegation of Authority to Authorized Representatives. As authorized by Chapter 1371, as amended, Texas Government Code (Chapter 1371) the Mayor of the City, the City Manager of the City, and the Assistant City Manager for General Government and Operations Support (each of the foregoing, individually, an Authorized Representative) are hereby authorized, appointed, and designated as the officers of the City authorized to individually act on behalf of the City in selling and delivering the Certificates authorized herein and carrying out the procedures specified in this Ordinance, including approval of the aggregate principal amount of each maturity of the Certificates, the redemption provisions therefor, the Dated Date therefor, the further designation of the Certificates by series and by year, the identity of the Purchasers (which may include a syndicate of underwriters and the identification by the Authorized Representative of the duties of such syndicate members) selected from the City's pool of approved underwriters, and the rate of interest to be borne on the principal amount of each such maturity. Each Authorized Representative, acting for and on behalf of the City, is authorized to execute the Approval Certificate attached hereto as Schedule I. The Certificates 95635639.3 -2- shall be issued in the principal amount not to exceed $6,000,000; the maximum maturity of the Certificates will be March 1, 2040 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. Lastly, each Authorized Representative is authorized to select the bond insurer, if any, with respect to the Certificates. The execution of the Approval Certificate shall evidence the sale date of the Certificates by the City to the Purchasers (hereinafter defined) in accordance with the provisions of Chapter 1371. It is further provided, however, that notwithstanding the foregoing provisions, the Certificates shall not be delivered unless prior to their initial delivery, the Certificates have been rated by a nationally recognized rating agency for municipal securities in one of the four highest rating categories for long term obligations, as required by Chapter 1371. 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 - Certificate Date. The Certificates are issuable in fully registered form only; shall be dated August 1, 2012 (the Certificate Date) and shall be issued in denominations of $5,000 or any integral multiple (within a Stated Maturity) thereof, and the Certificates shall become due and payable on March 1 in each of the years and in principal amount (the Stated Maturities) and bear interest on the unpaid principal amounts from the Certificate Date, or from the most recent Interest Payment Date (hereinafter defined) to which interest has been paid or duly provided for, to the earlier of redemption or Stated Maturity, at the per annum rates, while Outstanding, in accordance with the following schedule: 95635639.3 Years of Principal Interest Stated Maturity Amounts ($) Rates ( %) 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 -3- Years of Principal Interest Stated Maturity Amounts ($) Rates ( %) 2033 2034 2035 2036 2037 SECTION 3. Payment of Certificates - Paying Agent/Registrar. The principal of, premium, if any, and interest on the Certificates, 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 and interest on the Certificates shall be without exchange or collection charges to the Holder (as hereinafter defined) of the Certificates. The Certificates shall bear interest at the per annum rates shown above in Section 2, computed on the basis of a 360 -day year of twelve 30 -day months, and interest thereon shall be payable semiannually on March 1 and September 1 of each year (the Interest Payment Date) commencing March 1, 2013, while the Certificates are Outstanding. 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 Certificates 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 Certificates, 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 City may prescribe. The City covenants to maintain and provide a Paying Agent/Registrar at all times while the Certificates 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 Certificates 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 Certificates, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable only to the registered owner of the Certificates 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 95635639.3 -4- the Certificates for purposes of receiving payment of principal thereof upon redemption of the Certificates or at the Certificates' 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 Certificate 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 Certificates shall be payable only upon presentation and surrender of the Certificates to the Paying Agent/Registrar at its corporate trust office. Interest on the Certificates 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 Certificates (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 Certificates shall be a Saturday, 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 Certificates 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 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. The Certificates stated to mature on March 1, are referred to herein as the "Term Certificates ". The Term Certificates are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Certificate 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 Certificates Stated to Mature on March 1, Principal Year Amount ($) 95635639.3 -5- *Payable at Stated Maturity. The principal amount of a Term Certificate 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 Certificates 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, 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 Certificates 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 Certificates (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 Certificates, 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 Certificates shall be entered in the minutes of the governing body of the City. D. Selection of Certificates for Redemption. If less than all Outstanding Certificates 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 Certificates to be redeemed, provided that if less than the entire principal amount of a Certificate is to be redeemed, the Paying Agent/Registrar shall treat such Certificate then subject to redemption as representing the number of Certificates Outstanding which is obtained by dividing the principal amount of such Certificate by $5,000. E. Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Certificates, 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 Certificate 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. 95635639.3 -6- 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 that 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 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 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 herein provided, such Certificate (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 Certificates (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 the Certificates (or the principal amount thereof to be redeemed) called for redemption shall cease to accrue and such Certificates shall not be deemed to be Outstanding in accordance with the provisions of this Ordinance. F. Transfer/Exchange of Certificates. Neither the City nor the Paying Agent/Registrar shall be required (1) to transfer or exchange any Certificate during a period beginning forty -five (45) days prior to the date fixed for redemption of the Certificates or (2) to transfer or exchange any Certificate 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 Certificate which is subject to redemption in part. SECTION 5. Execution - Registration. The Certificates shall be executed on behalf of the City by its Mayor under its seal reproduced or impressed thereon and attested by its City Secretary. The signature of either of said officers on the Certificates may be manual or facsimile. Certificates bearing the manual or facsimile signatures of individuals who were, at the time of the Certificate 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 Certificates to the Purchasers, all as authorized and provided in Chapter 1201, as amended, Texas Government Code. No Certificate shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Certificate 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 95635639.3 -7- Paying Agent/Registrar by manual signature, and either such certificate upon any Certificate shall be conclusive evidence, and the only evidence, that such Certificate has been duly certified or registered and delivered. SECTION 6. Registration - Transfer - Exchange of Certificates - Predecessor Certificates. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of every owner of the Certificates, or if appropriate, the nominee thereof. Any Certificate may, in accordance with its terms and the terms hereof, be transferred or exchanged for Certificates of other authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Certificate 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 Certificate 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 Certificates of authorized denomination and having the same Stated Maturity and of a like interest rate and aggregate principal amount as the Certificate or Certificates surrendered for transfer. At the option of the Holder, Certificates may be exchanged for other Certificates of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Certificates surrendered for exchange upon surrender of the Certificates to be exchanged at the corporate trust office of the Paying Agent/Registrar. Whenever any Certificates are so surrendered for exchange, the City shall execute, and the Paying Agent/Registrar shall register and deliver, the Certificates to the Holder requesting the exchange. All Certificates issued upon any transfer or exchange of Certificates 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 Certificates surrendered upon such transfer or exchange. All transfers or exchanges of Certificates 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. Certificates canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be Predecessor Certificates, evidencing all or a portion, as the case may be, of the same debt evidenced by the new Certificate or Certificates registered and delivered in the exchange or transfer therefor. Additionally, the term Predecessor Certificates shall include any Certificate registered and delivered pursuant to Section 25 in lieu of a 95635639.3 -8- mutilated, lost, destroyed, or stolen Certificate which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Certificate. SECTION 7. Initial Certificates. The Certificates herein authorized shall be issued initially either (i) as a single fully registered Certificate in the total principal amount of $ with principal installments to become due and payable as provided in Section 2 and numbered T -1, or (ii) as one (1) fully registered Certificate for each year of Stated Maturity in the applicable principal amount and denomination and to be numbered consecutively from T -1 and upward (collectively, the Initial Certificates) and, in either case, the Initial Certificates shall be registered in the name of the Purchasers or the designee thereof. The Initial Certificates shall be the Certificates 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 Certificates, the Paying Agent/Registrar shall cancel the Initial Certificates delivered hereunder and exchange therefor definitive Certificates of authorized denominations, Stated Maturities, principal amounts and 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 Certificates, the Registration Certificate of the 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 Certificates 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 Certificates, 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 any reproduction of an opinion of counsel) thereon as may, consistent herewith, be established by the City or determined by the officers executing the Certificates as evidenced by their execution thereof. Any portion of the text of any Certificate may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Certificate. The definitive Certificates 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 Certificates as evidenced by their execution thereof, but the Initial Certificate(s) submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. 95635639.3 [The remainder of this page intentionally left blank.] -9- B. Form of Definitive Certificate. REGISTERED REGISTERED PRINCIPAL AMOUNT NO. $ United States of America State of Texas Counties of Nueces, Aransas, Kleberg, and San Patricio CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND SURPLUS AIRPORT REVENUE CERTIFICATE OF OBLIGATION, SERIES 2012 (AMT) Certificate Date: August 1, 2012 REGISTERED OWNER: PRINCIPAL AMOUNT: Interest Rate: Stated Maturity: CUSIP No. 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 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 Certificate Date, or from the most recent interest payment date to which interest has been paid or duly provided for until such principal sum has become due and payment thereof has been made or duly provided for, to the earlier of redemption or Stated Maturity, 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 March 1, 2013. Principal of this Certificate 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 Certificate (or one or more Predecessor Certificates, 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 Certificate 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. 95635639.3 -10- This Certificate is one of the series specified in its title issued in the aggregate principal amount of $ (the Certificates) pursuant to an Ordinance adopted by the governing body of the City (the Ordinance), 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, under and in strict conformity with the laws of the State of Texas, particularly the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code, Section 271.041 through 271.064, Chapters 1371 and 1503, as amended, Texas Government Code, Chapter 22, as amended, Texas Transportation Code, and the City's Home Rule Charter. As provided in the Ordinance, the Certificates stated to mature on March 1, are referred to herein as the "Term Certificates ". The Term Certificates are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Certificate 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 Certificates Stated to Mature on March 1, Principal Year Amount ($) *Payable at Stated Maturity. The principal amount of a Term Certificate 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 Certificates 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, 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 Certificates 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 95635639.3 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 Certificates 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 Certificate is subject to redemption prior to Stated Maturity and is in a denomination in excess of $5,000, portions of the principal sum hereof in installments 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 therefor, to the Holder hereof, upon the surrender of this Certificate to the Paying Agent/Registrar at its corporate trust office, a new Certificate or Certificates 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 Certificate (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption has been duly given, then upon such redemption date this Certificate (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 Certificate 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 Certificate 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 Certificates of this series are payable from the proceeds of an ad valorem tax levied upon all taxable property within the City, within the limitations prescribed by law, and are further payable from and secured by a lien on and pledge of the Pledged Revenues (identified and defined in the Ordinance), being a limited amount of the surplus Net Revenues derived from the operation of the City's airport system (the System), such lien on and pledge of the limited amount of Net Revenues being subordinate and inferior to the lien on and pledge of such Net Revenues securing payment of the currently outstanding Prior Lien Obligations and any Additional Prior Lien Obligations, Junior Lien Obligations, or Subordinate Lien Obligations hereafter issued by the City. The City has previously authorized the issuance of the currently outstanding Limited Pledge Obligations (identified and defined in the Ordinance) that are payable, in part, from and secured by a lien on and pledge of a limited amount of the Net Revenues of the System in the manner and as described in the ordinance authorizing the issuance of the currently outstanding Limited Pledge Obligations. In the Ordinance, the City reserves and retains the right to issue Additional Prior Lien Obligations, Junior Lien Obligations, Subordinate Lien Obligations, and Additional Limited Pledge Obligations (all as identified and defined in the Ordinance), 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. 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 95635639.3 -12- acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied and the revenues pledged for the payment of the Certificates; the terms and conditions under which the City may issue Additional Prior Lien Obligations, Junior Lien Obligations, Subordinate Lien Obligations, and Additional Limited Pledge Obligations; the terms and conditions relating to the transfer or exchange of the Certificates; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holder; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Certificate 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 Certificate, 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 Certificates 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 Certificate as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity or its 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 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 Certificate 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 issuance of the Certificates 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 Certificates by the levy of a tax and collection of Pledged Revenues as aforestated. In case any provision in this Certificate 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 95635639.3 -13- impaired thereby. The terms and provisions of this Certificate and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. 95635639.3 [The remainder of this page intentionally left blank.] -14- IN WITNESS WHEREOF, the City has caused this Certificate to be duly executed under its official seal. ATTEST: City Secretary (CITY SEAL) 95635639.3 CITY OF CORPUS CHRISTI, TEXAS By Mayor [The remainder of this page intentionally left blank.] -15- C. *Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Certificates 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 Certificate 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 (SEAL) Comptroller of Public Accounts of the State of Texas *NOTE TO PRINTER: Not to appear on printed Certificates. D. Form of Certificate of Paying Agent/Registrar to Appear on Definitive Certificates Only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Certificate has been duly issued under the provisions of the within- mentioned Ordinance; the Certificate or Certificates 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: THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., Dallas, Texas, as Paying Agent/Registrar By: Authorized Signature *NOTE TO PRINTER: Print on Definitive Certificates. 95635639.3 -16- 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 Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Certificate 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 Certificate in every particular. Signature guaranteed: 95635639.3 [The remainder of this page intentionally left blank.] -17- F. The Initial Certificate(s) shall be in the form set forth in paragraph B of this Section, except that the form of a single fully registered Initial Certificate shall be modified as follows: (i) immediately under the name of the Certificate(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: REGISTERED PRINCIPAL REGISTERED AMOUNT NO. T -1 $ United States of America State of Texas Counties of Nueces, Aransas, Kleberg, and San Patricio CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND SURPLUS AIRPORT REVENUE CERTIFICATE OF OBLIGATION, SERIES 2012 (AMT) Certificate Date: August 1, 2012 REGISTERED OWNER: PRINCIPAL AMOUNT: Interest Rate: As Shown Below Stated Maturity: As Shown Below CUSIP No. 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 stated to mature 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: 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 Amounts hereof from the Certificate 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, while Outstanding, at the per annum rates of interest specified above, computed 95635639.3 -18- 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 March 1, 2013. Principal of this Certificate 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, Texas (the Paying Agent /Registrar). Interest shall be payable to the Holder of this Certificate 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 Certificate 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 the Purchasers for the Certificates, the Definitive Certificates and the Initial Certificates shall bear an appropriate legend as provided by the insurer. SECTION 9. Definitions. For all purposes of this Ordinance (as defined below), except as otherwise expressly provided or unless the context otherwise requires: the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections 27 and 44 of this Ordinance have the meanings assigned to them in Sections 27 and 44 of this Ordinance, 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 Additional Limited Pledge Obligations shall mean (i) any bonds, notes, warrants, certificates of obligation or other evidences of indebtedness hereafter issued by the City payable wholly or in part from a lien on and pledge of the Pledged Revenues of the System, which pledge is limited, all as further provided in Section 20 of this Ordinance, and (ii) obligations hereafter issued to refund any of the foregoing as determined by the City Council in accordance with any applicable law. B. The term Additional Prior Lien Obligations shall mean (i) any bonds, notes, warrants, certificates of obligation or other evidences of indebtedness hereafter issued by the City payable wholly or in part from and equally and ratably secured by a first and prior lien on and pledge of the Net Revenues of the System, all as further provided in Section 20 of this Ordinance, and (ii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured by a first and prior lien on and pledge of the Net Revenues as determined by the City Council in accordance with any applicable law. 95635639.3 -19- C. 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. D. The term Certificates shall mean the $ "CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND SURPLUS AIRPORT REVENUE CERTIFICATES OF OBLIGATION, SERIES 2012 (AMT)" authorized by this Ordinance. E. The term Certificate Fund shall mean the special Fund created and established by the provisions of Section 10 of this Ordinance. F. The term City shall mean the City of Corpus Christi, located in Nueces, Aransas, Kleberg, and San Patricio Counties, Texas and, where appropriate, the City Council of the City. G. The term Closing Date shall mean the date of physical delivery of the Initial Certificates in exchange for the payment of the agreed purchase price for the Certificates. H. The term Collection Date shall mean, when reference is being made to the levy and collection of annual ad valorem taxes, the date the annual ad valorem taxes levied each year by the City become delinquent. I. The term Debt Service Requirement 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. J. The term Depository shall mean an official depository bank of the City. K. The term Fiscal Year shall mean the annual financial accounting period for the System now ending on July 31st of each year; provided, however, the City Council may change such annual financial accounting period to end on another date if such change is found and determined to be necessary for accounting purposes or is required by applicable law. L. 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; or (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated 95635639.3 -20- as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. M. The term Gross Revenues shall have the same meaning as "Gross Revenues" as such term is defined in the Master Ordinance. N. The term Holder or Holders shall mean the registered owner, whose name appears in the Security Register, for any Certificate. O. The term Interest Payment Date shall mean the date semiannual interest is payable on the Certificates, being March 1 and September 1 of each year, commencing March 1, 2013, while any of the Certificates remain Outstanding. P. The term Junior Lien Obligations shall mean (i) any bonds, notes, warrants, certificates of obligation or any similar obligations hereafter issued by the City that are payable wholly or in part from and equally and ratably secured by a junior and inferior lien on and pledge of the Net Revenues of the System, all as further provided in Section 20 of this Ordinance, and (ii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured by a junior and inferior lien on and pledge of the Net Revenues as determined by the City Council in accordance with any applicable law. Q. The term Limited Pledge Obligations shall mean (i) the Certificates and any outstanding and unpaid obligations of the City that are payable, in part, from and secured by a subordinate and inferior lien on and pledge of a limited amount of the Net Revenues of the System and designated as follows: "City of Corpus Christi, Texas Combination Tax and Surplus Airport Revenue Certificates of Obligation, Taxable Series 2010," dated July 1, 2010, in the original principal amount of $5,500,000; and (ii) obligations hereafter issued to refund any of the foregoing as determined by the City Council in accordance with any applicable law. R. The term Maintenance and Operating Expenses shall have the same meaning as "Operating and Maintenance Expenses" as such term is defined in the Master Ordinance. S. The term Master Ordinance shall mean that ordinance of the City, adopted on August 22, 2000, pursuant to which certain System indebtedness, including the Prior Lien Obligations, has been issued and remains Outstanding. T. The term Net Revenues for any period shall mean the Gross Revenues of the System less the Maintenance and Operating Expenses of the System. U. The term Ordinance shall mean this ordinance as finally passed and adopted by the City Council of the City. 95635639.3 -21- V. The term Outstanding when used in this Ordinance with respect to Certificates shall mean, as of the date of determination, all Certificates issued and delivered under this Ordinance, except: (1) those Certificates canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Certificates for which payment has been duly provided by the City in accordance with the provisions of Section 29 of this Ordinance; and (3) those Certificates that have been mutilated, destroyed, lost, or stolen and replacement Certificates have been registered and delivered in lieu thereof as provided in Section 25 of this Ordinance. W. The term Pledged Revenues shall mean, while the Certificates remain Outstanding, an amount of surplus Net Revenues not in excess of $1,000. The Pledged Revenues shall be deposited, allocated, and expended in accordance with Section 10 of this Ordinance. X. The term Pledged Revenue Amount shall mean the total amount, not to exceed $1,000 while the Certificates are Outstanding, of surplus Net Revenues that may be transferred in whole or in part by the City in any given Fiscal Year (however, any amounts transferred prior to the final maturity date of the Certificates may not exceed the total amount of $1,000) to the Certificate Fund. Y. The term Prior Lien Obligations shall mean (i) the currently outstanding obligations designated as: (1) "City of Corpus Christi, Texas General Airport Revenue Bonds (Exempt Facility Bonds) (AMT) Series 2000A ", dated August 15, 2000, originally issued in the aggregate principal amount of $13,010,000; (2) "City of Corpus Christi, Texas General Airport Revenue Bonds (Non - AMT) Series 2000B ", dated August 15, 2000, originally issued in the aggregate principal amount of $9,640,000; and (ii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured by a first and prior lien on the Net Revenues of the System as determined by the City Council in accordance with any applicable law. Z. The term Purchasers shall mean the initial purchaser or purchasers of the Certificates named in Section 26 of this Ordinance. AA. The term Stated Maturity shall mean the annual principal payments of the Certificates payable on March 1 of each year the Certificates are Outstanding as set forth in Section 2 of this Ordinance. 95635639.3 -22- BB. The term Subordinate Lien Obligations shall mean (i) any bonds, notes, warrants, certificates of obligation or any similar obligations hereafter issued by the City that are payable wholly or in part from and equally and ratably secured by a subordinate and inferior lien on and pledge of the Net Revenues of the System, all as further provided in Section 20 of this Ordinance, and (ii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured by a subordinate and inferior lien on and pledge of the Net Revenues as determined by the City Council in accordance with any applicable law. CC. The term System shall have the same meaning as the term "Airport" as such term is defined in the Master Ordinance. SECTION 10. Certificate Fund - Investments. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption, and retirement of the Certificates, there shall be and is hereby created a special fund to be designated "COMBINATION TAX AND SURPLUS AIRPORT REVENUE CERTIFICATES OF OBLIGATION, SERIES 2012 (AMT) INTEREST AND SINKING FUND" (the Certificate 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 27. Authorized Officials of the City are hereby authorized and directed to make withdrawals from said fund sufficient to pay the principal of and interest on the Certificates as the same become due and payable and shall cause to be transferred to the Paying Agent/Registrar from money on deposit in the Certificate Fund an amount sufficient to pay the amount of principal and /or interest stated to mature on the Certificates, such 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 last business day next preceding each interest and principal payment date for the Certificates. The City, at its sole discretion, may deposit the Pledged Revenue Amount to the Certificate Fund. The Pledged Revenue Amount, if deposited, shall be expended annually to pay principal of and interest on the Certificates as the same become due and payable. This Pledged Revenue Amount shall be accounted for and transferred to the Paying Agent/Registrar in accordance with the provisions of the previous paragraph of this Section. Pending the transfer of funds to the Paying Agent/Registrar, money deposited in any fund established by this Ordinance may, at the option of the City, 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 95635639.3 -23- Loan Mortgage Association, 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 any fund established pursuant to the provisions of this Ordinance 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 Certificates. SECTION 11. Tax Levy. To provide for the payment of the Debt Service Requirements on the Certificates being (i) the interest on the Certificates 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 Certificates 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 Certificate Fund. 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. The amount of taxes to be provided annually for the payment of the principal of and interest on the Certificates shall be determined and accomplished in the following manner: A. Prior to the date the City Council establishes the annual tax rate and passes an ordinance levying ad valorem taxes each year, the City Council shall determine: (1) the amount of Debt Service Requirements to become due and payable on the Certificates between the Collection Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding calendar year; (2) the amount on deposit in the Certificate Fund after (a) deducting therefrom the total amount of Debt Service Requirements to become due on Certificates prior to the Collection Date for the ad valorem taxes to be levied and (b) adding thereto the amount of the Pledged Revenues, if any, or any other lawfully available funds to be appropriated and allocated during such year to pay such Debt Service Requirements, if any, prior to the Collection Date for the ad valorem taxes to be levied; and (3) the amount of Pledged Revenues, if any, or any other lawfully available funds appropriated and set aside for the payment of the Debt Service Requirements on the Certificates between the Collection Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding Fiscal Year. B. The amount of taxes to be levied annually each year to pay the Debt Service Requirements on the Certificates shall be the amount established in paragraph (1) above less the 95635639.3 -24- sum total of the amounts established in paragraphs (2) and (3), after taking into consideration delinquencies and costs of collecting such annual taxes. SECTION 12. Pledge of Pledged Revenues. The City hereby covenants and agrees that, subject to the prior lien on and pledge of the Net Revenues of the System to the payment and security of the currently outstanding Prior Lien Obligations and any Additional Prior Lien Obligations or any Junior Lien Obligations or Subordinate Lien Obligations hereafter issued by the City, the Pledged Revenues are hereby irrevocably pledged to the payment of the principal of and interest on the currently outstanding Limited Pledge Obligations and the Certificates and shall constitute a lien on the Pledged Revenues in accordance with the terms and provisions hereof and be valid and binding without any physical delivery thereof or further act by the City. SECTION 13. Revenue Fund. The City hereby covenants and agrees that all Gross Revenues derived from the operation of the System shall be kept separate and apart from all other funds, accounts and money of the City and shall be deposited as collected into the "CITY OF CORPUS CHRISTI, TEXAS AIRPORT SYSTEM REVENUE FUND" (the Revenue Fund). All money deposited in the Revenue Fund shall be pledged and appropriated to the extent required for the following purposes and in the order of priority shown: • First: to the payment of the reasonable and proper Maintenance and Operating Expenses of the System required by statute or ordinances authorizing the issuance of any indebtedness of the City to be a first charge on and claim against the Gross Revenues of the System; • Second: To the payment of the amounts that must be deposited in the special funds and accounts created and established for the payment, security, and benefit of the currently outstanding Prior Lien Obligations or any Additional Prior Lien Obligations hereafter issued by the City in accordance with the terms and provisions of any ordinances authorizing their issuance; • Third: To the payment of the amounts that must be deposited in the special funds and accounts created and established for the payment, security, and benefit of any Junior Lien Obligations hereafter issued by the City in accordance with the terms and provisions of any ordinances authorizing their issuance; • Fourth: To the payment of the amounts that must be deposited in the special funds and accounts created and established for the payment, security, and benefit of any Subordinate Lien Obligations hereafter issued by the City in accordance with the terms and provisions of any ordinances authorizing their issuance; and • Fifth: To the payment of the amounts that must be deposited in the special funds and accounts created and established for the payment, security, and benefit of the currently outstanding Limited Pledge Obligations and the Certificates, and any Additional Limited Pledge Obligations hereafter issued by the City in accordance with the terms and provisions of any ordinances authorizing their issuance. 95635639.3 -25- Any Net Revenues remaining in the System Fund after satisfying the foregoing payments, or making adequate and sufficient provision for the payment, security and benefit thereof, may be appropriated and used for any other City purpose now or hereafter permitted by law. SECTION 14. Deposits to Certificate Fund — Surplus Certificate Proceeds. The City hereby covenants and agrees to cause to be deposited in the Certificate Fund prior to a principal and interest payment date for the Certificates, from the Pledged Revenues in the System Fund, after the deduction of all payments required to be made to the special funds or accounts created for the payment, security, and benefit of (i) the currently outstanding Prior Lien Obligations and any Additional Prior Lien Obligations, Junior Lien Obligations, or Subordinate Lien Obligations hereafter issued by the City or (ii) the currently outstanding Limited Pledge Obligations, any amounts budgeted to be paid therefrom in such Fiscal Year. Accrued interest received from the Purchasers of the Certificates shall be deposited to the Certificate Fund and ad valorem taxes levied and collected for the benefit of the Certificates shall be deposited to the Certificate Fund. In addition, any surplus proceeds, including investment income therefrom, from the sale of the Certificates not expended for authorized purposes shall be deposited in the Certificate Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said fund from ad valorem taxes. SECTION 15. 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 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 16. Maintenance of System - Insurance. The City covenants and agrees that while the Certificates remain Outstanding it will maintain and operate the System with all possible efficiency and maintain casualty and other insurance (including a system of self - insurance) on the properties of the System and its operations of a kind and in such amounts customarily carried by municipal corporations in the State of Texas engaged in a similar type of business and that it will faithfully and punctually perform all duties with reference to the System required by the laws of the State of Texas. All money received from losses under such insurance policies, other than public liability policies, are held for the benefit of the holders of the Certificates until and unless the proceeds are paid out in making good the loss or damage in respect of which such proceeds are received, either by replacing the property destroyed or repairing the property damaged, and adequate provision for making good such loss or damage must be made within ninety (90) days after the date of loss. The payment of premiums for all insurance policies required under the provisions hereof shall be considered Maintenance and Operating Expenses. Nothing in this Ordinance shall be construed as requiring the City to expend any funds which are derived from sources other than the operation of the System but nothing herein shall be construed as preventing the City from doing so. SECTION 17. Rates and Charges. The City hereby covenants and agrees with the Holders of the Certificates that rates and charges for airport services afforded by the System will be established and maintained to provide Gross Revenues sufficient at all times: 95635639.3 -26- A. to pay, together with any other lawfully available funds, all operating, maintenance, depreciation, replacement, betterment, and other costs incurred in the maintenance and operation of the System, including, but not limited to, Maintenance and Operating Expenses; B. to produce Net Revenues sufficient, together with any other lawfully available funds, to pay (i) the interest on and principal of the currently outstanding Prior Lien Obligations and any Additional Prior Lien Obligations hereafter issued by the City as the same becomes due and payable and the amounts required to be deposited in any special fund created and established for the payment, security, and benefit thereof; (ii) the interest on and principal of any Junior Lien Obligations hereafter issued by the City as the same becomes due and payable and the amounts required to be deposited in any special fund created and established for the payment, security, and benefit thereof; (iii) the interest on and principal of any Subordinate Lien Obligations hereafter issued by the City as the same becomes due and payable and the amounts required to be deposited in any special fund created and established for the payment, security, and benefit thereof; and (iv) the interest on and principal of the currently outstanding Limited Pledge Obligations, the Certificates, and any Additional Limited Pledge Obligations hereafter issued by the City as the same becomes due and payable and the amounts required to be deposited in any special fund created and established for the payment, security, and benefit thereof; and C. to pay other legally incurred indebtedness payable from the Net Revenues of the System and /or secured by a lien on the System or the Net Revenues thereof. SECTION 18. Records and Accounts - Annual Audit. The City further covenants and agrees that so long as any of the Certificates remain Outstanding it will keep and maintain separate and complete records and accounts pertaining to the operations of the System in which complete and correct entries shall be made of all transactions relating thereto, as provided by applicable law. The Holders of the Certificates or any duly authorized agent or agents of the Holders shall have the right to inspect the System and all properties comprising the same. The City further agrees that, following the close of each Fiscal Year, it will cause an audit of such books and accounts to be made by an independent firm of Certified Public Accountants. Expenses incurred in making the annual audit of the operations of the System are to be regarded as Maintenance and Operating Expenses. SECTION 19. 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 Certificate 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 Certificates 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 95635639.3 -27- all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. SECTION 20. Issuance of Additional Prior Lien Obligations - Junior Lien Obligations - Subordinate Lien Obligations — Additional Limited Pledge Obligations. The City hereby expressly reserves the right to hereafter issue bonds, notes, warrants, certificates of obligation, or similar obligations, payable, wholly or in part, as appropriate, from and secured by a pledge of and lien on the Net Revenues of the System with the following priorities, without limitation as to principal amount, but subject to any terms, conditions, or restrictions applicable thereto under existing ordinances, laws, or otherwise: A. Additional Prior Lien Obligations payable from and equally and ratably secured by a first and prior lien on and pledge of the Net Revenues of the System; B. Junior Lien Obligations payable from and equally and ratably secured by a lien on and pledge of the Net Revenues of the System that is junior and inferior to the lien on and pledge thereof securing the payment of the currently outstanding Prior Lien Obligations and any Additional Prior Lien Obligations hereafter issued by the City, but prior and superior to the lien on and pledge of the Net Revenues of the System securing the payment of the currently outstanding Limited Pledge Obligations, the Certificates and any Subordinate Lien Obligations or Additional Limited Pledge Obligations hereafter issued by the City; C. Subordinate Lien Obligations payable from and equally and ratably secured by a lien on and pledge of the Net Revenues of the System that is subordinate and inferior to the lien on and pledge thereof securing the payment of the currently outstanding Prior Lien Obligations and any Additional Prior Lien Obligations or Junior Lien Obligations hereafter issued by the City, but prior and superior to the lien on and pledge of the Net Revenues of the System securing the payment of the currently outstanding Limited Pledge Obligations, the Certificates, and any Additional Limited Pledge Obligations hereafter issued by the City; D. Additional Limited Pledge Obligations payable from and equally and ratably secured by a lien on and pledge of the Net Revenues of the System that is subordinate and inferior to the lien on and pledge thereof securing the payment of the currently outstanding Prior Lien Obligations and any Additional Prior Lien Obligations, Junior Lien Obligations, or Subordinate Lien Obligations hereafter issued by the City; and E. Additional Prior Lien Obligations, Junior Lien Obligations, Subordinate Lien Obligations, and Additional Limited Pledge Obligations, if issued, may be payable, in whole or in part, from Net Revenues of the System (without impairment of the obligation of contract with the holders of the Certificates) upon such terms and conditions as the City Council may determine. SECTION 21. Special Covenants. The City hereby further covenants that: A. it has the lawful power to pledge the Pledged Revenues supporting the Certificates and has lawfully exercised said powers under the laws of the State of Texas, including power existing under the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code, Section 271.041 through Section 271.064, Chapter 1503, as amended, 95635639.3 -28- Texas Government Code, Chapter 27, as amended, Texas Transportation Code, and the City's Home Rule Charter; and B. other than for the payment of the currently outstanding Prior Lien Obligations, the Limited Pledge Obligations, and the Certificates, the Net Revenues of the System have not in any manner been pledged to the payment of any debt or obligation of the City or of the System; SECTION 22. Application of the Covenants and Agreements of the Prior Lien Obligations, Additional Prior Lien Obligations, Junior Lien Obligations, or Subordinate Lien Obligations. It is the intention of the City Council and accordingly hereby recognized and stipulated that the provisions, agreements, and covenants contained herein bearing upon the management and operations of the System, and the administration and application of Gross Revenues derived from the operation thereof, shall to the extent possible be harmonized with like provisions, agreements, and covenants contained in the ordinances authorizing the issuance of the currently outstanding Prior Lien Obligations and any Additional Prior Lien Obligations, Junior Lien Obligations, or Subordinate Lien Obligations hereafter issued by the City, and to the extent of any irreconcilable conflict between the provisions contained herein and in the ordinances authorizing the issuance of the currently outstanding Prior Lien Obligations and any Additional Prior Lien Obligations, Junior Lien Obligations, or Subordinate Lien Obligations hereafter issued, the provisions, agreements and covenants contained therein shall prevail to the extent of such conflict and be applicable to this Ordinance, especially the priority of rights and benefits conferred thereby to the holders of the currently outstanding Prior Lien Obligations and any Additional Prior Lien Obligations, Junior Lien Obligations, or Subordinate Lien Obligations hereafter issued. It is expressly recognized that prior to the issuance of any Additional Prior Lien Obligations, Junior Lien Obligations, Subordinate Lien Obligations, or Additional Limited Pledge Obligations, the City must comply with each of the conditions precedent contained in the ordinances authorizing the issuance of the currently outstanding Prior Lien Obligations, the Limited Pledge Obligations, and the Certificates, as appropriate. SECTION 23. 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 as it appears in the Security Register. 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 24. Cancellation. All Certificates 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 95635639.3 -29- Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Certificates previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Certificates so delivered shall be promptly canceled by the Paying Agent/Registrar. All canceled Certificates held by the Paying Agent/Registrar shall be destroyed as directed by the City. SECTION 25. Mutilated, Destroyed, Lost, and Stolen Certificates. If (1) any mutilated Certificate 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 Certificate, 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 Certificate 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 Certificate, a new Certificate 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 Certificate has become or is about to become due and payable, the City in its discretion may, instead of issuing a new Certificate, pay such Certificate. Upon the issuance of any new Certificate 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 (including attorney's fees and the fees and expenses of the Paying Agent/Registrar) connected therewith. Every new Certificate issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Certificate shall constitute a replacement of the prior obligation of the City, whether or not the mutilated, destroyed, lost, or stolen Certificate 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 Certificates. 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 Certificates. SECTION 26. Sale of the Certificates — Official Statement Approval — Approval of Purchase Contract - Use of Certificate Proceeds. The Certificates authorized by this Ordinance are hereby sold by the City to , Texas (the Purchasers, having all the rights, benefits, and obligations of a Holder) in accordance with the provisions of a Purchase Contract, dated , 2012, attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The Initial Certificates shall be registered in the name of the . Any Authorized Representative 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 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 95635639.3 -30- are true and correct in all material respects and shall be honored by the City. Delivery of the Certificates 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 Certificates. The final Official Statement, being a modification and amendment of the Preliminary Official Statement to reflect the terms of sale (together with such changes approved by an Authorized Representative), shall be and is hereby in all respects approved and the Purchasers are hereby authorized to use and distribute the final Official Statement, dated July 16, 2010, in the reoffering, sale and delivery of the Certificates to the public. The Mayor and /or 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 Council and constitute the Official Statement authorized for distribution and use by the Purchasers. Proceeds from the sale of the Certificates shall be applied as follows: (1) Accrued interest (in the amount of $ ) received from the Purchasers shall be deposited into the Certificate Fund. The City received a net premium from the sale of the Certificates of $ which is hereby allocated by the City in the following manner: (1) $ to pay the Purchasers' compensation, (2) $ to pay the costs of issuance, and (3) $ shall be deposited in the Certificate Fund. (2) The balance of the proceeds derived from the sale of the Certificates, after making the deposits to the Certificate Fund as described in (1) above, shall be used to pay costs of issuance or deposited into the special construction account or accounts created for the projects to be constructed with the proceeds of the Certificates. This special construction account shall be established and maintained at the Depository and shall be invested in accordance with the provisions of Section 10 of this Ordinance. Interest earned on the proceeds of the Certificates pending completion of construction of the projects financed with such proceeds shall be accounted for, maintained, deposited, and expended as permitted by the provisions of Chapter 1201, as amended, Texas Government Code, or as required by any other applicable law. Thereafter, such amounts shall be expended in accordance with Section 14 of this Ordinance. SECTION 27. Covenants to Maintain Tax - Exempt Status of Interest on the Certificates. A. Definitions. When used in this Section, the following terms have the following meanings: "Closing Date" means the date on which the Certificates are first authenticated and delivered to the initial purchasers against payment therefor. 95635639.3 -31- "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 Certificates. "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 Certificates are invested and which is not acquired to carry out the governmental purposes of the Certificates. "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 Certificates. 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. and "Yield" of (1) any Investment has the meaning set forth in Section 1.148 -5 of the Regulations; (2) the Certificates 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 directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Certificate 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 Certificate, the City shall comply with each of the specific covenants in this Section. C. Use of Proceeds. At least 95% of the proceeds of the Certificates will be used to provide airport facilities within the meaning of section 142(a)(1) of the Code and the regulations and rulings thereunder. For purposes of this subsection, all costs of issuance financed directly or indirectly with proceeds of sale of the Certificates shall not be treated as used to provide airport facilities. 95635639.3 -32- D. Ownership of Project. At all times prior to the final Stated Maturity of the Certificates, the City shall own all of the property to be financed by the proceeds of the Certificates. E. Elections. The City hereby directs and authorizes the Mayor, City Manager and the Assistant City Manager for Government and Operations Support, individually or jointly, 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 Certificates, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. F. 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. G. Prohibition on Certain Uses of Certificate Proceeds. The City shall not use or permit the use of any proceeds of the Certificates or any income from the investment thereof: (1) 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 (2) to pay or otherwise finance costs of issuance of the Certificates (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 Certificates. H. Prohibition on Certain Uses of Proceeds. The City shall not use or permit the use of proceeds of the Certificates 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. I. Public Approval. The City shall timely obtain the public approval required by section 147(f) of the Code with respect to the Certificates. J. Representation Regarding Maturity of Certificates. The weighted average maturity of the Certificates will not exceed 120% of the average reasonable expected economic life of the facilities being financed with the Surplus Proceeds of the Certificates, both as calculated in accordance with section 147(b) of the Code. K. 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 Certificates to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. L. 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 95635639.3 -33- 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 Certificate is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Certificates 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 Certificates until six years after the final Computation Date. (3) As additional consideration for the purchase of the Certificates 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 Certificate 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 Certificates 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. M. 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 Certificates, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection (1) 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 Certificates not been relevant to either party. N. Not to Invest at Higher Yield. 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 final Stated Maturity of the Certificates directly or indirectly invest Gross Proceeds in any 95635639.3 -34- Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Certificates. SECTION 28. Control and Custody of Certificates. The Mayor of the City 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 Certificates pending their approval by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery of the Certificates to the Purchasers. Furthermore, the Mayor, Mayor Pro Tem, City Manager, City Secretary, or City Attorney, either or all, are 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 Certificates, the approval of the Attorney General and their registration by the Comptroller of Public Accounts and, together with the City's financial advisor, bond counsel, and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Certificates to the Purchasers and the initial exchange thereof for definitive Certificates. SECTION 29. 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 Certificates, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied and the lien on and pledge of the Pledged Revenues 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. Certificates, 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 Certificates 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 have, in the case of a net defeasance, 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 Certificates, or the principal amount(s) thereof, on and 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 for the Certificates. In the event of a gross defeasance of the Certificates, 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 Certificates. 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 95635639.3 -35- which would cause the Certificates to be treated as arbitrage bonds within the meaning of section 148 of the Code (as defined in Section 27 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 Certificates, 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 Certificates and remaining unclaimed for a period of three (3) years after the Stated Maturity of the Certificates, 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 Certificates 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 Certificates for redemption; (2) gives notice of the reservation of that right to the owners of the defeased Certificates 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 Certificates, after taking the redemption into account in determining the sufficiency of the provisions made for the payment of the defeased Certificates. SECTION 30. Printed Opinion. The Purchasers' obligation to accept delivery of the Certificates is subject to their being furnished a final opinion of Fulbright & Jaworski L.L.P., as Bond Counsel, approving certain legal matters as to the Certificates, said opinion to be dated and delivered as of the date of initial delivery and payment for such Certificates. Printing of a true and correct copy of said opinion on the reverse side of each of said Certificates, with appropriate certificate pertaining thereto executed by facsimile signature of the City Secretary of the City is hereby approved and authorized. SECTION 31. CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Certificates. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Certificates shall be of no significance or effect as regards the legality thereof, and neither the City nor bond counsel are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Certificates. SECTION 32. Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 33. Ordinance a Contract, Amendments - Outstanding Certificates. The City acknowledges that the covenants and obligations of the City herein contained are a material inducement to the purchase of the Certificates. This Ordinance shall constitute a contract with the Holders from time to time, binding on the City and its successors and assigns, and it shall not 95635639.3 -36- be amended or repealed by the City so long as any Certificate 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 Certificates then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Certificates, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of and interest on the Certificates, 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 Certificates, (2) give any preference to any Certificate over any other Certificate, or (3) reduce the aggregate principal amount of Certificates required for consent to any such amendment, addition, or rescission. SECTION 34. 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, Paying Agent/Registrar, and the Holders. SECTION 35. 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 36. 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 37. 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 38. 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 39. 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 of the City. 95635639.3 -37- SECTION 40. 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 Certificates. 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 41. 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 42. 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 43. No Recourse Against City Officials. No recourse shall be had for the payment of principal of, premium, if any, or interest on any Certificate or for any claim based thereon or on this Ordinance against any official of the City or any person executing any Certificate. SECTION 44. 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 95635639.3 -38- Section 26 of this Ordinance, being the information described in Exhibit C 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 C 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 thereof with the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. C. Notice of Certain Events. The City shall file notice of any of the following events with respect to the Certificates 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 Certificates, or other material events affecting the tax status of the Certificates; (7) (8) (9) Modifications to rights of holders of the Certificates, if material; Certificate calls, if material, and tender offers; Defeasances; (10) Release, substitution, or sale of property securing repayment of the Certificates, if material; (11) Rating changes; 95635639.3 -39- (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 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 Certificates within the meaning of the Rule, except that the City in any event will give notice of any deposit that causes the Certificates to be no longer Outstanding. The provisions of this Section are for the sole benefit of the holders and beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM 95635639.3 -40- 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 its 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 Certificates in the primary offering of the Certificates 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 Certificates 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 Certificates. 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 Certificates in the primary offering of the Certificates, 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. 95635639.3 -41- 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 45. Book -Entry Only System. It is intended that the Certificates 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 Certificates shall be issued (following cancellation of the Initial Certificates described in Section 7) in the form of a separate single definitive Certificate. Upon issuance, the ownership of each such Certificate shall be registered in the name of Cede & Co., as the nominee of DTC, and all of the Outstanding Certificates 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 D (the Representation Letter). With respect to the Certificates 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 Certificates 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 Certificates (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 Certificates, (ii) the delivery to any Depository Participant or any other person, other than a registered owner of the Certificates, as shown on the Security Register, of any notice with respect to the Certificates, 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 Certificate, of any amount with respect to principal of, premium, if any, or interest on the Certificates. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive a Certificate 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 95635639.3 -42- 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 Certificates that they be able to obtain certificated Certificates, the City shall notify the Paying Agent/Registrar, DTC, and the DTC Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Certificates 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 Certificates 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 Certificates may be registered in whatever name or names the Holders of Certificates transferring or exchanging the Certificates shall designate, in accordance with the provisions hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Certificate 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 Certificate and all notices with respect to such Certificate shall be made and given, respectively, in the manner provided in the Representation Letter. SECTION 46. 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 Certificates, the Paying Agent/Registrar Agreement, the Purchase Contract, and the Official Statement. In addition, prior to the initial delivery of the Certificates, the Authorized Representatives 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 Certificates 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 47. 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. 95635639.3 -43- 95635639.3 [The remainder of this page intentionally left blank.] -44- PASSED AND ADOPTED on the 31st day of July, 2010. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary APPROVED THIS DAY OF , 2012: Carlos Valdez, City Attorney (CITY SEAL) Schedule I — Approval Certificate EXHIBIT A - Paying Agent/Registrar Agreement EXHIBIT B — Purchase Contract EXHIBIT C - Description of Annual Financial Information EXHIBIT D - DTC Letter of Representations 95635639.3 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 an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 31st day of July, 2012, authorizing the issuance of the City's Combination Tax and Surplus Airport Revenue Certificates of Obligation, Series 2012 (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 31st day of July, 2012. City Secretary (CITY SEAL) 95635639.3 95635639.3 SCHEDULE I APPROVAL CERTIFICATE SEE TAB NO. Schedule I 95635639.3 EXHIBIT A PAYING AGENT/REGISTRAR AGREEMENT SEE TAB NO. A -1 95635639.3 EXHIBIT B PURCHASE CONTRACT SEE TAB NO. B -1 EXHIBIT C DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 44 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: (1) 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 C, but for the most recently concluded fiscal year. (2) All quantitative financial information and operating data with respect to the City of the general type included in Appendix A to the Official Statement under the headings "DEBT PAYABLE FROM TAXES ", "GENERAL REVENUES ", "GENERAL EXPENSES ", "AD VALOREM TAXES ", "FIVE YEAR OPERATING STATEMENT FOR AIRPORT SYSTEM ", and "THE TAX INCREMENT FINANCING ACT ". 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. 95635639.3 C -1 95635639.3 EXHIBIT D DTC LETTER OF REPRESENTATIONS SEE TAB NO. D -1 AGENDA MEMORANDUM for the City Council Meeting of July 24, 2012 DATE: July 9, 2012 TO: Ronald L. Olson, City Manager THROUGH: Wes Pierson, Assistant City Manager FROM: Mike Culbertson (361) 882 -7448 mculbertson@ccredc.com Texas South - International Alliance Memorandum of Understanding CAPTION: Resolution approving the Texas South - International Alliance Memorandum of Understanding between the cities of San Antonio, Brownsville, Edinburg, Laredo, San Marcos and Corpus Christi. PURPOSE: Participation in Texas South - International Alliance via the MOU will ensure that labor, transportation, educational, infrastructure, and cultural assets and other amenities existing within these cities and the region are marketed collectively to provide a stronger case for attracting foreign investors and trade. BACKGROUND AND FINDINGS: Resulting from the participation in the 2010 Shanghai World Expo, San Antonio's Councilwoman Chan visited several South Texas mayors in the fall of 2010 to develop a regional international economic development vision focused on strategic collaboration. The initial dialogue led to preliminary meetings of an international economic development alliance hosted by Corpus Christi Mayor Joe Adame on October 31, 2011 and Brownsville Mayor Tony Martinez on March 5, 2012. The mayors of Brownsville, Corpus Christi, Edinburg, Laredo, San Antonio, and San Marcos agreed that collaboration on regional international economic development and trade showcases regional business networks, supply chains, and infrastructure assets that strengthen the region's ability to attract foreign direct investment. The group agreed the name Texas South - International Alliance represented the collaborative vision for the group. The Alliance received supportive feedback from Texas Secretary of State Hope Andrade and Chinese Consul General Xu Erwen in Houston. Secretary Andrade suggested a formal organizational structure to help the Alliance survive changes in political leadership. The Alliance decided to initiate a Memorandum of Understanding (MOU) among participating cities, while continuing to work on the final formal organizational structure. The MOU contains the following major action items: • Planning a delegation to China in early 2013 • Developing a "Cultivating Relations Document" for marketing purposes • Participating in the NAFTA 20 Business Summit in November 2012 hosted in San Antonio ALTERNATIVES: Without the Approval /Endorsement from Council for this initiative, Corpus Christi would miss a major opportunity to engage in a collaboration that would enhance jobs and investment to the City. In addition, the Alliance efforts have already received positive feedback from the media, supporting partner cities, and economic development organizations. OTHER CONSIDERATIONS: This approach will enhance Corpus Christi's profile as a global city with regional strengths in energy, healthcare, logistics, heavy manufacturing, and tourism. CONFORMITY TO CITY POLICY: This MOU aligns with the City Council's goals of encouraging economic development. EMERGENCY / NON - EMERGENCY: NON - EMERGENCY DEPARTMENTAL CLEARANCES: 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 Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends signing the Memorandum of Understanding with the Texas South - International Alliance. LIST OF SUPPORTING DOCUMENTS: Texas -South International Alliance Memorandum of Understanding Memorandum of Understanding Among Members of the Texas South — International Alliance On this (date) of 2012, representatives from the following Charter City members of Brownsville, Corpus Christi, Edinburg, Laredo, San Antonio and San Marcos (the "Parties ") acknowledge the significant benefit that will likely result from strategic collaboration on those economic development activities that promote the positive business attributes of the South Texas region. The Parties are entering into this Memorandum of Understanding ( "MOU ") for the Texas South - International Alliance ( "TS -IA ") to ensure that labor, transportation, educational and cultural assets and other amenities existing within these cities and the region are marketed in the aggregate, to collectively provide a stronger case for attracting foreign investors and trade. By growing international trade and foreign investment in the region, new jobs and investment are created, resulting in a net gain for South Texas, as well as the United States. Each member of the (TS -IA) agrees to: • Collaborate on establishing and conducting an initial trade mission to China and other countries to market the Texas South region in 2012. • Consider common areas for regional marketing to focus on, but not be limited to, energy, bioscience and healthcare, logistics, advanced manufacturing and tourism to garner international attention and investment. • Leverage Texas South educational linkages and research assets. • Market geographic advantages which serve as a gateway to Latin America. • Consider geographic boundaries of the TS -IA area to form a "diamond shape" that encompasses Corpus Christi, Brownsville, Edinburg, Laredo, San Antonio and San Marcos. • Identify current linkages in each respective community to support the expansion of exports to foreign markets, including China. Each TS -IA member recognizes that corporate locations bring economic benefits to the South Texas region as a whole; thus, the group will develop a joint marketing approach for the region. The staffs of each TS -IA organization, with the direction of their policy - making bodies, shall determine the resources expended by each TS -IA Charter City toward these joint marketing efforts. This MOU may only be amended with the unanimous written consent of all of the Parties hereto. Signatures (Mayor's of Brownsville, Corpus Christi, Edinburg, Laredo, San Antonio, San Marcos, and EDCs in the region) Page 1 of 2 Resolution Approving the Texas South — International Alliance Memorandum of Understanding between the cities of San Antonio, Brownsville, Edinburg, Laredo, San Marcos and Corpus Christi. Whereas, the mayors of San Antonio, Brownsville, Edinburg, Laredo, San Marcos and Corpus Christ agreed that collaboration on regional international economic development and trade showcases regional business networks, supply chains and infrastructure assets that strengthen the region's ability to attract foreign direct investment. Whereas, the "Texas South — International Alliance" was the name chosen for the group. Whereas, the Texas South — International Alliance Memorandum of Understanding ( "MOU ") was created to memorialize the group's intentions while they complete the final formal organizational structure. Whereas, the MOU aligns with the City Council's goals of encouraging economic development. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council, as the governing body of the City of Corpus Christi, approves the Texas South — International Alliance Memorandum of Understanding. The MOU is attached to this resolution as Attachment A. This resolution takes effect upon City Council approval on this the day of , 2012. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Resolution Texas South — Intl MOU 7 -6 -12 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 Resolution Texas South — Intl MOU 7 -6 -12 Page 2of2 City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of July 31, 2012 DATE: July 24, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., 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: Oso Water Reclamation Plant Dissolved Oxygen Modeling for Oso Bay (Project No. E10196) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services contract with RPS Espey of Austin, Texas in the amount of $538,680.00 for the Oso Water Reclamation Plant Dissolved Oxygen Modeling for Oso Bay. PURPOSE: This project will be accomplished in 2 phases. Phase 1 focuses on the collection and compilation of data and a preliminary study of Oso Bay. The goal of Phase 1 to generate a detailed work plan for subsequent investigation and modeling in Phase 2; and to execute field sampling to support the development of the dissolved oxygen model. Phase 2 focuses on model selection, development and execution of the Oso Bay dissolved oxygen model. Once calibrated, the model will be used to evaluate various permit scenarios on water quality in the Bay. Results from the scenario runs will help determine the impact of plant effluent on bay health and provide valuable site - specific information for finalizing the permit action for the Oso treatment plant. Model results will be shared with the TCEQ to ascertain baseline permit limit criteria for future Oso Water Reclamation Plant Discharge requirements for dissolved oxygen, BOD (Biochemical Oxygen Demand) and TSS (Total Suspended Solids). This proactive assessment better positions the City understanding with the TCEQ of future permit requirements. C: \Program Files \Granicus \Legistar5 \Packet \992_City Council_ 7 _ 31 _ 2012 \0024_1_Memo - Oso Dissolved Oxygen.docx BACKGROUND AND FINDINGS: The Oso Water Reclamation Plant is the largest of six plants owned by the City of Corpus Christi (City). This plant is currently permitted for 16.2 MGD discharge. On average, the plant treats about 11.3 MGD of wastewater. The plant discharges to a canal leading to the west bank of Oso Bay (Texas Commission on Environmental Quality (TCEQ) stream segment #2485). Oso Bay is designated in the Texas Surface Water Quality Standards for exceptional aquatic life use. To protect seagrass and other aquatic life in Oso Bay, the TCEQ is requiring implementation of ammonia limits of 4 mg /L on the discharge from Oso Water Reclamation Plant by late 2013. Additional, more stringent limits on BOD and TSS may be implemented in future permit renewals. The goal of this study is to investigate the need of these possible new restrictions in regard to protecting aquatic life in Oso Bay. This study will utilize nutrient and dissolved oxygen data. RPS Espey of Austin, Texas was selected for this project as a result of Request for Qualification (RFQ) No. 2011 -01 Professional Services for Department of Engineering Services Projects, dated January 18, 2011. ALTERNATIVES: 1. Award the contract to RPS Espey as proposed. 2. Do not award the contract to RPS Espey as proposed. EMERGENCY / NON - EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCES: Wastewater Department FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense ❑ Revenue X CIP FISCAL YEAR: 2012 -2013 Prior Year (CIP Only) Current Year Future Years TOTALS Budget $1,354,100.00 $8,635,400.00 $2,027,000.00 $12,016,500.00 Encumbered /Expended Amt. 1,354,100.00 6,461,406.35 7,815,506.35 This item 538,680.00 538,680.00 Future Expenditures 43,094.40 43,094.40 BALANCE 0.00 $1,592,219.25 $2,027,000.00 $3,619,219.25 FUNDS: Wastewater CIP Comments: Approval of the contract is requested so work may begin in a timely manner. C: \Program Files \Granicus \Legistar5 \Packet \992_City Council_ 7 _ 31 _ 2012 \0024_1_Memo - Oso Dissolved Oxygen.docx RECOMMENDATION: City staff recommends the Contract for Professional Services be awarded to RPS Espey of Austin, Texas, in the amount of $538,680.00 for professional services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map CC: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager C: \Program Files \Granicus \Legistar5 \Packet \992_City Council_ 7 _ 31 _ 2012 \0024_1_Memo - Oso Dissolved Oxygen.docx PROJECT BUDGET ESTIMATE OSO WATER RECLAMATION PLANT DISSOLVED OXYGEN MODELING FOR OSO BAY Project No. E10196 July 31, 2012 FUNDS AVAILABLE: Wastewater CIP $12,016,500.00 FUNDS REQUIRED: Construction (estimate) TBD Contingency (10 %) TBD Consultant Fees: Consultant (RPS Espey) * 538,680.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 14,813.70 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 18,853.80 Finance Issuance 6,733.50 Misc. (Printing, Advertising, etc.) 2,693.40 TOTAL $581,774.40 * *Additional Projects Prior Expenditures $7,815,506.35 ESTIMATED PROJECT BUDGET BALANCE $3,619,219.25 * Construction Observation Services not included in RPS Espey's consultant fee. TBD - To Be Determined ** Additional projects under the budget line item include: Nutrient Removal (Ammonia) Project No. E09007 Process Improvements, Belt Filter Press Building Replacement Project 7423 \Mproject\councilexhibits\exhEl 0196. d wg OSO WATER RECLAMATION PLANT DISSOLVED OXYGEN MODELING FOR OSO BAY 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 Espey Consultants. Inc. dba RPS Espey, a Texas corporation, 4801 Southwest Parkway, Parkway 2, Suite 150, Austin, Texas 78735, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT Oso Water Reclamation Plant Dissolved Oxygen Modeling for Oso Bay (Project No. E10196) — The objectives are to identify a model that is acceptable to both the City and the TCEQ, obtain the data necessary to effectively run the model, and develop results that are scientifically defensible and supportive of the Oso Water Reclamation Plant Nutrient Removal Project (Ammonia) (Project No. E09007). These objectives must also meet the schedule constraints of the Oso Water Reclamation Plant Nutrient Removal Project (Ammonia) (Project No. E09007). A summary of the activities follows: 1. Finalize the current permit action for the Oso Plant 2. Identify the Appropriate Model 3. Compile relevant existing data necessary for the model 4. Prepare a Study Work Plan 5. Conduct field studies, as necessary to obtain additional data 6. Construct the model 7. Define critical conditions 8. Calibrate the model 9. Evaluate potential discharge limitations 10. Prepare report of the results 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design 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. A/E 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 Contract for Engineering (A/E) Services Page 1 of 3 K:'ENGINEERING DATAEXCHANGEWELMAPIWASTEWATER1E10196 OSO WRP DISSOLVED OXYGEN MODELING FOR OSO BAYICONTRACT PROFESSIONAL SERVICESICONTRACT PROFESSIONAL SERVICES - OSO WRP DISSOLVED OXYGEN MODELING FOR OSO BAY.DOC 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 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 A/E 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 $538,680.00, (Five Hundred Thirty Eight Thousand Six Hundred Eighty Dollars and Zero Cents). 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 A/E at the address of record. In this event, the NE 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. ASSIGNABILITY The A/E 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 A/E staff. If the A/E 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 A/E 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. 8. 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 A/E 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. Contract for Engineering (NE) Services Page 2 of 3 K:IENGINEERING DATAEXCHANGEIVELMAPIWASTEWATERRE10196 OSO WRP DISSOLVED OXYGEN MODELING FOR OSO BAYICONTRACT PROFESSIONAL SERVICESICONTRACT PROFESSIONAL SERVICES - OSO WRP DISSOLVED OXYGEN MODELING FOR OSO BAY.DOC 9. DISCLOSURE OF INTEREST A/E 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 hereto as Exhibit "C". CITY OF CORPUS CHRISTI ESPEY CONSULTANTS, INC. dba RPS ESPEY Oscar R. Martinez, Date David K. Harkins, PH. D., P. E., D. WRE, Date Vice President 4801 Southwest Parkway, Parkway 2, Suite 150 Assistant City Manager RECOMMENDED Austin, TX 78735 (512) 326-5659 Office (512) 326-5723 Fax Daniel Biles, P. E., Date Director of Engineering Services / Foster Crowell, Date Director of Wastewater Services APPROVED AS TO FORM Office of Management Date and Budget Legal Department ATTEST Date Armando Chapa, City Secretary Project Number: E10196 Fund Source Number: 550950-4247-00000-E10196 Encumberance Number: Contract for Engineering (NE) Services Page 3 of 3 K SENGINEERING DATAEXCHANGEWELMAP1WASTEWATERSE10196 OSO WRP DISSOLVED OXYGEN MODELING FOR OSO BAYICONTRACT PROFESSIONAL SERVICESkCONTRACT PROFESSIONAL SERVICES - OSO WRP DISSOLVED OXYGEN MODELING FOR OSO BAY DOC 4801 Southwest Parkway, Parkway 2, Suite ISO, Austin, Texas 78735, USA 512 326 5659 F +1 512 326 5723 W wwty rr$sgroup.ccm DATE: April 30, 2012. TO: Dan Biles, P.E. Foster D. Crowell, P.E. William J. Green, P.E. Joe Trejo, P.E. City of Corpus Christ! Department of Engineering Services FROM: David Harkins, Ph.D., P.E.,D.WRE Ernest To, Ph.D., P.E. Subject: Revised scopes, schedules and budgets for Phase 1 and 2 of Oso Bay Dissolved Oxygen Modeling Project (Project number: E10196) Introduction On 4/23/2012, RPS -Espey met with City of Corpus Christi Engineering Services (City) to discuss the scope, schedule and budget of the Oso Bay Dissolved Oxygen Modeling Project (submitted on 3/22/2012). Several comments and changes were received by RPS -Espey from the City during the meeting. This memo presents the revised scope, schedule and budget that incorporate the agreed - upon changes from the meeting. The project is organized into two phases: Phase 1 and Phase 2. Phase 1 focuses an the collection and compilation of data and a preliminary study of 05o Bay. The goal of Phase 1 is 1) to generate a detailed work plan for subsequent investigation and modeling in Phase 2; and 2) to execute field sampling to support the development of the dissolved oxygen model. Phase I is anticipated to start in August 2012. Phase 2 focuses on model selection, development and execution of the Oso Bay dissolved oxygen model. Once calibrated, the model will be used to evaluate various permit scenarios on water quality in the Bay. Results from the scenario runs will help determine the impact of plant effluent on bay health and provide valuable site - specific information for finalizing the permit action for the Oso treatment plant. Phase 2 is anticipated to start in December 2012. United States 1 Canada 1 Brazil 1 UK 1 Ireland 1 nds Australia Asia Pacific 1 Russia 1 Middle East! Africa EXHIBIT "A" Page 1 of 14 RPS This memo provides separate scopes and budgets for the two phases for the City's review. Together, the two phases cover the 9 stated key activities laid out in the Oso Reclamation Plant Nutrient Removal Project (Ammonia} RFC!, namely: 1. Finalize the current permit action for the Oso Plant, 2. Identify the appropriate del, 3. Compile relevant existing data necessary for the mode), 4. Prepare a study work plan, 5. Conduct field studies, as necessary to obtain additional data, 6. Construct the model, 7. Define critical conditions, 8. Calibrate the model; and, 9. Evaluate potential discharge limitations. Details of tasks in Phase 1 and 2 are provided in the following sections. For a summary table af tasks and costs please refer to the attached pdf (Oso_Projected_Costs_20120501.pdf). EXHIBIT "A" Page 2 of 14 RPS Phase 1 scope and budget Phase 1 has an anticipated start date of August 2012 and is expccted to Iast 13 months till SeptembRr 2013. The projected cost for Phmmelis$139.380, It consists of two main tasks: Task 1 and Task 2, which will be executed concurrently. Task %summary Projected period: Aug 2012 to Dec 2012. Task 1 consists of site characterization, review of existing information on Da° Bay and Oso Plant and conceptual modeling. The site characterization includes a reconnaissance and bathymetric survey of Oso Bay. In his research, Prof. Ben Hodges from the University of Texas at Austin observed the presence of sandbars in the Bay, which due to the Bay's shallowness, can dramatically impact circulation patterns. locating the sandbars and other underwater features such as shallow areas will be crucial to subsequent sampling and modeling activities. Once site characterization has been performed, the team will designate sites for deployment of CTD (conductivity, temperature and depth) sensors, velocity meters, and dissolved oxygen probes in Task 2. Monitoring activities may also include measurements nf site- specific dmta such as sediment oxygen demand and benthic nutrient fluxes so that the impact of seagrasses and benthlc organisms on the nutrlent cycle can be quantified. The review af existing information will include permit requirements, water quality standards, related reports and previous modeling efforts. At the end of Task 1, a conceptual modeling exercise will be performed to tlst the physical, chemical and biological processes In the Bay and identify data gaps for further investigation. The deliverable from Task 1 will be a detailed Study Work Plan. A presentatlon to the CIty and TCEQ on the Study Work PIan will be conducted at the end of this phase. The projected cost for Task 1b$98,32O and the projected duration is4months. Task 2 summary Projected period: Sept 2012mSept 2013. Task 2 involves the water quality monitoring ufQou Bay to provide site-specific and up-to-date water quality and hydrodynamic data for subsequent development af the Oso Bay model. This task Includes 1) a 12-month continuous water quality monitoring program and 2) an intensive summer sampling program to study the lmpact of the piont effluent during crltical condltlons. The purpose of the contlnuous monitoring program istoevaluoxethemeamona|andd\urua|bmhaWorm/ the Bay wlth respect to water quallty, tidal effects, oxygen productlon and re5plratiofl, and clrculatlon. One key goal of this study is to investigate how the changes in water quality and quantity of the Barney Davis Power Plant discharge affects circulation and nutrient processes in the Bay. Data from the sampling will be published via a web portal which will also allow online mapping and visualization of the data. EXHIBIT "A/ ?age 3 of 14 RPS The purpose of summer sampling is to track the effluent from the Oso By treatment plant through an intensive 48-hr survey to observe effluent behavior under critical conditions. This study will provide ground confirmation of the plume fate and transport and validation data for the DO-nutrient model, The deliverables from Task 2 will be Initially 1) a continuous monitoring plan and 2) a summer sampling plan which will be submitted before commencement of the field work. After the field work has been performed, 3) a continuous monitoring report and 4) a summer sampling report will be submitted. The projected cost for Task 2 is $46,600 and the projected duration is 12 months. Phase 1 Project Meetings (4) The team anticipates four (4) meetings with the City and/or TCEQ over the duration of thls project. The projected cost for meeting and preparation is $14,460 Total Projected costs for Phase 1: Task 1. Site Characterization and Detailed Study Work Pion $ 98,320 Task 2. Long Term Monitoring $ 46,600 1*) Meetings $ 14,460 Phase 1 Total: $ 159,380 De fled project schedule for Phase 1 A detailed project schedule table for Phase 1 is provided an the next page. EXHIBIT "A" Page 4 of 14 RPS Detailed Schedule for Oso Bay Dissolved Oxygen Modeling Project (Phase 1) 12 2013 111111111111311:1012M1MilLZ3 mica iMMI 111 mar Alb Eli MIMI rrowarrwts far Car w riteWartaw Mat Farearr armor r hearfcal frarrearar ;ewes wral aft"a rattarra cancrearawara III INNEN hifVVIN COMM% nomorenti n Oar ray lardy darn Mitte4 data rawa tkrd'i " " °WC" 11111111111111111111INIIIIIIIIIIIIIIMINININIIIIIIIIIIIIIII ilia1111111111=1/111111111.11111111110111111.11M. 204 =darn r 111EMI:=Imminimminnumnimm. Ora 110115=* 1111MW=1"""- 7,1"L '111.1111111111111111011111111111111111111111111111111111111. y,ty tar a..." "or 1 re y 11.11- =tr.' 11111..11111Mill C24'ewl4 ""fxv4 /111111111111111 Att'n • =C=11111111111111111111111111•111111 111 Futmo priodtro,_ 7. In_ort ,, and* 3=114 alas Detailed scope of services for Phase 1 A detailed breakdown of the subtasks under each task under Phase 1 of the project is listed below. Task 1. Site Characterization and Detailed Study Work Plan Subtasks: 1.1 REVIEW EFFLUENT PERMIT REQUIREMENTS FOR OSO WATER RECLAMATION PLANT a. Review current TPDES permit requirements for Oso Plant. b. Review treatment performance and goals of Oso Plant for nutrients and DO. c. Review nutrient removal processes at Oso Plant from: 1 current methods of ammonia removal (e.g. breakpoint chlorination) and their limitations; and IL alternative methods of ammonia removal and effectiveness. d. Investigate Oso Plant's permitting needs and future/potential effluent targets. 1.2 REVIEW DO/NUTRIENT IMPAIRMENTS IN OSO BAY a. Review historical and current TCEQ screening criteria in Oso Bay. b. Review historical and current TCEQ listings of impaired WQ segments in Oso Bay, c. Review previous nutrient modeling efforts by TCEQ and other parties. 1.3 DENTIFY DATA SOURCES, DATA GAPS, ETC, EXHIBIT "A" Page 5 of 14 RPS a. Identffy sources of data for data compIIaton, e.g. � iv. v. vi. vii. CCBNEP; City of Corpus Christi; Texas Coastal Ocean Observation Network Texas Parks and WiIdllfe Department; TCEQ Surface Water Monitoring Program; Linited States Geoiogical Survey; and, other research reports and academlc Journai articles, Identify reievant study reports from state, local and academic sources, e.g. TCEQTMDL studies, Corpus Christi Bay National Estuary Program (CCBNEP) reports, acadernlcjournal articles. 1.4 DATA COMPII.ATION a. Perform preliminary data compilation to assist in development of study work plan. 1.5 SITE RECONNAISSANCE AND 8A7HYk4GTHIC SURVEY OF OSO BAY a. Perform bathymetry survey to locate underwater features such as sandbars that can Impact water circulation. 1.6 CONCEPTUAL MODELING a. Select study area by taking into account impacted TCEQ WQ segments, location of sources and site characterization data. b. Identify sources mf lnflow, nutrierits, 800 and 00 for Oso Bay i polnt sources — WWTPS, Barney Davis Power Plant dlscharge; Q. non-point sources — watershed runotf; and, U|. in-bay sources (e.g. benthic demand and benthic nutrient sink.s/sources). c. ldentlfy natural processes within Oso Bay that affect DO and nutrlents, e.g. i. aquatic vegetation (e.g. algae, seagrass); |L 6endmlcpn»casmeo| 0i. water circulatlon patterns; iv. tidal exchanges with Corpus Christi Bay; and, V. 5allflity gradients or stratificatlon in the Bay. 1.7 PREPARE A STUDY WORK PLAN 1.8 PRESENTA11ON TO TCEQ AND CITY ON STUDY WORK PLAN a. Presentation to TCE and City an study work pan + conceptual model. b. Prepare response to comments from TCEQ. Task 2, Long-term monitoring and summe program Subtasks: 2.1 PREPARE CONTINUOUS MONITORING PLAN AND SUMMER 5AMPLING PLAN a. Revlew nformatlon gathered from site characterization and bathymetric survey b. Designate sites for deployment of CTD (conductivity, temperature and depth) sensors, velocity meters, and dissolved oxygen probes to evaluate the seasonal and diurnal behavior EXHIBIT "A" Page 6 of 14 RPS in water quality, tidal oMects, oxygen production and respiration and circulation that are chararteristic of the Bay and the Barney DaWs Power Plant discharge. c. Conduct measurements of site-specific data such as sediment oxygen demand and 6enthin nutrient fluxes so that the Impact of seagrasses on the nutrient cycle can be quantified. d. Anticipated Jength af monitoring is 12 month5. e. Develop field study plan to track the effluent from the Oso Bay treatment plant through an intensive 48-hr survey to observe effluent behavior under critical conditions and to provide vaildatlon data for the DO-nutrient model. 2.2 FIELD STUDIES: LONG TERM MONITORING a. Acquire sampling equipment and construct monitoring platforms for deployment in Oso Bay. b. Provide regular servicing and maintenance to monitoring stations. 2.3 PUBUSH AND HOST SAMPUNG DATA ON CCBAY HIS a. Create a web portal for downloadlng and visuallzing data collected from this project for public access. 2.4 FIELD STUDIES: SUMMER SAMPLING a. Projected to be conducted in Summer 2013. Phase 1 Project Meetings (4) The team anticipates four meetings with the City and/or TCEQ aver the duration of this project. EXHIBIT "A" Phase 2 scope and budget Phase 2 has an anticipated start in Dec 2012 (upon approval of study work plan) and is expected to last 18 months tilt June 2014. The projected cost for Phasel is $379.300. It consists of three main tasks: Task 3, Task 4 and Task 5, The three tasks and the projected costs are summarized below. For the detailed schedule, please refer to section 3. For detailed description of the tasks under each phase, please refer to section 4. The team will provide detailed descriptions of QAQC procedures and targets in its sampling and modeling plans to ensure the quality of the final products. Task 3 summary Projected period: Dec 2012 to May 2013. This task consists of data compilation, trend analysis, model review and selection. Trend analysis of the data will help identify which processes in the Bay are dominant and what conditions are most critical to dissolved oxygen levels. A list of applicable existing models will be drafted. This list will be reviewed based on criteria such as ability to simulate dominant processes, acceptability by regulatory agencies, and ease -of transfer to other entities to use. The deliverable will be a model selection report which will describe the selection process and the final recommended model(s). Two meetings with the TCEQ and the City will be conducted; one in the middle of Phase H to give a progress update and to obtain comments; and, one after the submission of the report to explain the model selection process and the results. The projected cost for Task 3 is 558,950 and the projected duration is 5 months,. Task 4 sumrrtary Projected period: Jun20I3 to April 2014. This task consists of the literature review for model parameters, construction of the hydrodynamic and DO-nutrient models, model calibration and validation, and finally scenario runs. For the model construction, first the hydrodynamic model will be built and calibrated, followed by the DO-nutrient model. Data from the continuous and summer sampling (see sampling phase below) will be used to calibrate and validate the data. Critical ©O conditions identified in Task 3 and potential discharge limits will be used to develop model scenarios for simulation. Results will be used to evaluate the impact of new and old effluent standards. The deliverable will be a modeling report which will describe model inputs, parameters and results in detail. documentation will also be provided to aid in the transfer of the model to other entities to use The projected cost far Task 4 is 5218,640 and the projected durotlon is 10 months, Task 5 summary Protected period: April 2014 to June 2014. EXHIBIT "A' Page 8 of 14 RPS This task consists of drafting the permit application and finalizing the permit action. The technology- based effluent limits developed by the Oso Plant nutrient removal team will be utilized together with water quality-based effluent limits derived from the DO-nutrient model to draft the permit. The projected cost for Task 5 is $33,080 and the projected duration is 2 months. Phase 2 Project Meetings (6) The team anticipates six (6) meetings with the City and/or TCE0 over the duration of Phase 2 of this project. The projected cost for meeting and prepor tion is $28,620. Total Projected costs for Phase 2: Task 3. Data analysis and model selection $ 98,960 Task 4. Model development and permit scenario evaluation $ 218,640 Task 5. Finalize Permit action for Oso Plant $ 33,080 (+1 Meetlnas $ 28,620 Phase 2 Torok $ 379,300 Detailed project schedule for Phase 2 A detailed project schedule table for Phase 2 Is provided on the next page. EXHIBIT "A" P .e 9 of 14 has 2 Task& Data RPS Data ed Schedule for Oso Bay Dissolved Oxygen n Modeling Project (Phase 2) I ction T U MU and Mud autou t01414 MUM ccintlUna 0404 Ut =kb mamma to 0053 Cly 420in audektg autttecit 121 nt 2012 2013 2014 MOM Oc Hv p kb [MI Ii7S1 11:31U311123111 111•1111111111111111111111111 11111111.11111111•11111111111111111 111111111111111111111111111111111•111111111 111111111111111111•1111111111111.11 11111111.11111111111111111111111111111.1•1111111111111111111111111 11111111111111111111111.1111111111.111111111111111111111111 1111111110111111111111111.1111111111111111111111111 11111111111111111111•111111.111111111111111•11111111 1=1111111111111111.1 nod Atia104 Uority cr6041444400(44 tor model sconuiO4 Wray Ut avuwiatt =ON (1) •iii11111111111111111 1111 o ovalus 10 Froser4,4,4 t T�U to stitko rrofttilt oult maa•maaiiu 1,1444144 teview antl Oara Artatys a I ar 00,4610,114444444 1111111 Ormstwat ytccrj rric =IC Cakw-M, 1111.11.1111111111111111111111111111111111111111111111111511111111111111111111 Cattsts Nee 11111111111111111_ mai Comma IN111111111111111111111111111111111111111111111•1111111111111111111 combunco.timdei ammo gam camilxku.4.1 immonummalmommanommisionmalimm rarte4 rtudet 111.1 • • tin Uesuunixttotatdecru4 kreakau k111.1 ,„,,1 • • 01,041 Awl 4AUTA 114 fru 040 ttkrt Plant R4,444 pried Internal w utOty 4,40t4=1313 01341 ,64 <4.047,0 3.6 Detailed scope of services for Phase 2 Phase 21 Task 3. Data analysis and model selection Subtasks: 3.1 COMPILE RELEVANT EXISTING DATA NECESSARY FOR THE MODEL a. Compile relevant study reports from sources Identified in Phase 1 b. Compile data from sources identified in Phase 1 into extensive WQ database. c. Employ data-models to organize, manage and disseminate data. 3.2 DATA AND TREND ANALYSIS a. Develop time-series, spatial and statistical plots of the data. b. Identify dominant processes in the Bay/watershed through trend analysis. a. Define critical conditions for DO and nutrients based on 3.3 DEFINE CRITICAL CONDITIONS EXHIBIT "A" Page 10 of 14 RPS i. Temperature conditions; i. Wind conditions; il. Tidal conditions; iii. High-flow and low-flow events; iv. Influent toads to treatment plant; and, v. Barney Davis Power Plant discharge. 3.4 CREATE LIST OF APPROPRIATE MODELS a. Identify potential models for hydrodynamic and water quality modeling, examples are listed below (from the most simplistic to most sophisticated): 1. CSTR models II. CORMIX mixing zone model, iii. EFDC hydrodynamic model, iv. SWAT watershed model, v. WASP nutrient model, and vi. ELCOM hydrodynamic model, etc. (Bay model may be a combination of models coupled through a linkage system) 3.5 PREPARE AND SUBMIT MODEL SELECTION REPORT a. Review model choices Identified based an criteria such as i. ability to simulate dominant processes in the Bay, ii. data and parameter requirements, ill. computational requirements, iv. ease of training and transferability of model to client or other entities, and v. public domain vs. copyrighted software. b. DO model may be a combination of twa or more models, e.g. EFDC-WASP combination to simulate hydrodynamics-nutrient cycle. c. Prepare and submit model selection report 3.6 PRESENTATIONS TO TCEQ. AND CITY TO EXPLAIN MODELING APPROACH (2) a. Two meetings with the TCEQ and the City will be conducted: one in the middle of Phase II to give a progress update and to obtain comments; and, one after the submission of the report to explain the model selection process and the results. Task 4. Model development and permit scenario evaluation Subtasks: 4.1 UTERATURE REVIEW AND DATA ANALYSIS FOR MODEL PARAMETERS b. conduct literature review and data analysis to derive the parameters necessary to characterize the physical and biological processes in the Bay. 4.2 CONSTRUCT HYDRODYNAMIC MODEL a. Construct the model grid for the selected study area. EXHIBIT "A" Page 11 of 14 RPS b. Incorporate model parameters into model. c. Implement boundary and initial conditions. d. Perform test runs of the model 4.3 CALIBRATE HYDRODYNAMIC MODEL a. Define model calibration period. b. Calibrate the model with data collected c. Provide plats to compare model results with data. d. Perform sensitivity analysis and plots to show sensitivity to selected parameters. 4.4 CONSTRUCT DISSOLVED OXYGEN-NUTRIENT MODEL a. Construct the model grid for the selected study area. b. Incorporate model parameters into model. c. Implement boundary and initial conditions. d. Couple flow information from hydrodynamic model outputs. e. Perform test runs of the model. 4.5 CALIBRATE DISSOLVED OXYGEN-NUTRIENT MODEL a. Define model calibration period. b. Calibrate the model with data collected c. Provide plots to compare model results with data. d. Perform sensitivity analysis and plots to show sensitivity to selected parameters. 4.6 EVALUATE POTENTIAL DISCHARGE LIMITATIONS a. Define simulation scenarios based on critical conditions identified in Task 8. b. Include scenarios based on various effluent concentrations. c. Evaluate DO and nutrients In the Bay under various scenarios. d. Evaluate potential discharge limitations under various scenarios. 4.7 VALIDATE MODEL WITH SUMMER SAMPLING DATA 4.8 PREPARE REPORT OF THE RESULTS a. Prepare report documenting modeling process and results from scenario runs. Task S. Finalize permit action for Oso Plant Subtasks: 5.1 FINALIZE THE CURRENT PERMIT ACTION FOR THE 050 PLANT a. Provide recommendations for permit action based on model results. b. Review permitting procedures and finalize permit action for Oso Plant. c. Provide recommendations for future studies/modeling efforts EXHIBIT "A" Pa.e12 of14 Detailed cost breakdown for both Phase 1 and Phase 2 For detailed cost breakdown please refer to the attached pdf f O so _Pr©jected_Costs_20120501.pdf). EXHIBIT "A" Page 13 of 14 I s tat +if .:taw ttAtt elm 111111111.111 �11=1- MM. 118/1/11111011111111111111111MI n..air �■ ■M aralinn MU■ ���.1 ®- ,_ „e _ l •ITI_nsionsi uI.=.. 61 MUNIIIIIMMINIall . 1111111111111.in IMIUMIUMBRIMIREEMIMINIMIHME immimgmwiainiummuno et Rot e P 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 SUPPLIER NI IMI1LR TORE ASSIGNED IIVTITS- = PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Chnsti City of Corpus Christi Ordinance 171 12, as amended, requires all persons or firms seeking to do business with the City to provide the following infonnation. Every question must be answered. If the question is not applicable, answer with -NA". Sec reverse side for Filing Requirements. Certifications and definitions. COMPANY NAME: Espey Consultants, Inc. dba RPS Espey P, 0. BOX: STREET ADDRESS: FIRM IS: 4801 Soutlm e8t Pk■sy, Pkv■. 2, Suite ISO 1. Corporation X 4. Association I1 CITY: Austin, TX ZIP: 78735 2. Partnership 5. Other 3. Sole Owner DISCLOSURE QUESTIONS !f 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 o' Idle ownership in the above named -firm.' Name Job Title and City Department (if known) Jo/1e 2. State the names of each -off of the City of Corpus Christi having an —0‘t nerslup interest- constituting 3% or more of the ownership in the above named ' Name Title 3. State the names of each -board member- of the City of Corpus Christi having an -ovotership interest- constituting 3% or more of the ownership in the above named -firm,- Name e 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 30/0 or more of the ownership in the above named -firm.- Natne Consultant EXHIBIT "C" Pae 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 em m ployee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof. von 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 tie interest ot the City official or employee in the matter is apparent. The disclosure shall also he made in a signed writing tiled 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 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: David K. parkins, P-E., IMRE. 'ritie: rmie or Print) Signature of Certifying Person. Vice President 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 efThet 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. -Finn.- Any entity operated for economic gain, whether professional. industrial or commercial, and %vhether 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. I. -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."- -Consultant.- Any person or fimt, such as engineers and architects. hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. / EXHIBIT "C" Page 2 of 2 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & 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% O50 WATER RECLAMATION PLANT DISSOLVED OXYGEN MODELING FOR O50 BAY Council Presentation July 24, 2012 WASTEWATER DEPARTMENT Project Scope WASTEWATER D E P A T E N T Project Schedule 'lly al COT. Can'Sfi WASTEWATER DEPARTMENT FUNDS AVAILABLE: Wastewater C 1 P FUNDS REQUIRED: Construction (estimate) Contingency (10%) Consultant Fees: Consultant (RPS Espey) * Reimbursements: TOTAL **Additional Projects Prior Expenditures ESTIMATED PROJECT BUDGET BALANCE Project Budget * Construction Observation Services not included in RPS Espey's consultant fee. **Additional projects under the budget line item include: Process Improvements, Belt Filter Press Building Replacement Project 7423 Nutrient Removal (Ammonia) Project No. E09007 $12,016,500.00 TBD TBD 538, 680.00 43, 094.40 $581,774.40 $7,815,506.35 $3,619,219.25 WASTEWATER D EPA P T MENT AGENDA MEMORANDUM Action Item for the City Council Meeting of July 31, 2012 DATE: July 18, 2012 TO: Ronald L. Olson, City Manager FROM: Lawrence Mikolajczyk, Director, Solid Waste Operations LawM@cctexas.com 361- 826 -1972 Ratification of City Manager's action to proceed in contracting with DRC Emergency Services to clear brush and bulky items from the City right -of -way, for an estimated cost of $150,000. CAPTION: Motion to ratify action to procure services from DRC Emergency Services for the removal of curbside debris on a cubic yard basis for an amount not to exceed $150,000. PURPOSE: The Solid Waste Operations Department requires the assistance of an outside contractor to expeditiously remove the large volume of brush and bulky items set out for collection. With an increasing probability of tropical weather events in August, City Staff is acting to help assure the health and safety of the residents BACKGROUND AND FINDINGS: Following the May 10 windstorm that caused extensive damage to the northwest portion of the City, the City Manager authorized the Solid Waste Operations Department to expeditiously award a contract to DRC Emergency Services (DRC) to assist with clean up efforts. City Council was notified of this action in a memorandum dated May 17, 2012. Between May 20 and June 1, 2012, for a cost of $482,331.96, DRC collected 46,068 cubic yards of brush from the affected area. Throughout this timeframe, the City's scheduled brush and bulky items collection efforts were placed on hold to focus on clearing storm debris from the affected area. Across the City, residents continued to follow the published schedule and set out large volumes of brush and bulky items for collection. Following the departure of DRC on June 1, the Solid Waste department retained 3 self - loading brush trucks in the northwest area to collect storm debris that continued to be set out. All other brush crews returned to the published collection schedule, which at this time was running about 2 weeks behind. The set out volumes across the City had accumulated to a level that exceeded the department's resources to collect within a reasonable period of time. Even with working overtime on Saturdays and Sundays, Solid Waste has been unable to make up any ground and continues to lag well behind the published schedule. Now, as August nears, we're quickly approaching the historically most active time of the tropical season. In the event of a hurricane, it is critical to the emergency operations that all city streets, rights -of -way, curbs and gutters be as free as possible of any debris. Therefore, for the health and safety purposes stated, to preserve and protect the public safety of the residents of the City of Corpus Christi, it was necessary to move forward in removing curbside debris as expeditiously as possible. As all available Solid Waste Brush Division resources had been worked to capacity, including weekends, the use of an external contractor was necessary to complete the corrective actions as quickly as possible. The City requested and received a quote from DRC Emergency Services for $10.47/c.y. ACTIONS TAKEN: 1. All available Solid Waste Brush Division resources have worked to capacity, including weekends. 2. A quote from DRC Emergency Services, for $10.47/c.y., was obtained. ALTERNATIVES: Delay in the collection the roadside debris was not acceptable, given health, safety and aesthetic considerations. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: The Local Government Code §252.022(a) exempts this procurement from State competitive bidding requirements because it is necessary to: 1. preserve the property of the municipality; 2. preserve or protect the public health or safety of the municipality's residents; and 3. is due to unforeseen damage to public machinery, equipment or other property. EMERGENCY / NON - EMERGENCY: Staff is requesting an emergency reading. According to Article II, Section 14 of the City Charter, an item can be classified as an emergency because it calls for "immediate action necessary for the efficient and effective administration of the city's affairs ". DEPARTMENTAL CLEARANCES: Management and Budget City Attorney 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 $150,000.00 $150,000.00 Encumbered / Expended Amount This item $150,000.00 $150,000.00 BALANCE $0 $0 Fund(s): General Fund #1020 Comments: This expenditure is projected to bring the collections of brush and bulky items back on schedule. Future expenditures regarding the current backlog are not anticipated. RECOMMENDATION: Ratify this item as requested. LIST OF SUPPORTING DOCUMENTS: 1) Solid Waste memorandum dated July 17, 2012, requesting City Manager authorization to obtain contractor assistance for the collection of brush and bulky items INFORMAL STAFF REPORT MEMORANDUM TEL]: Ronald L. Olson, City Manager THRU: Oscar R. Martinez, Assistant City Manager VI\ FROM: Lawrence Mikolajczyk, Director of Solid Waste Operations SUBJECT: Authorizing Removal of Curbside Debris From Areas of the City With Excessive Volumes of Brush and Bulky items Set Out For Collection DATE: July 17, 2012 SUMMARY Following the May 10 windstorm that caused extensive damage to the northwest portion of the City, I authorized the Solid Waste Operations Department to expeditiously award a contract to DRC Emergency Services (DRC) to assist with clean up efforts. City Council was notified of this action in a memorandum dated May 17, 2012. Between May 20 and June 1, 2012, for a cost of $482,331.96, DRC collected 46,068 cubic yards of brush from the affected area. Throughout this timeframe,- the City's scheduled brush and bulky items collection efforts were placed on hold to focus on clearing storm debris from the affected area. Across the City, residents continued to follow the published schedule and set out large volumes of brush and bulky items for collection. Following the departure of DRC on June 1, the Solid Waste department retained 3 self - loading brush trucks in the northwest area to collect storm debris that continued to be set out. All other brush crews retumed to the published collection schedule, which at this time was running about 2 weeks behind. The set out volumes across the City had accumulated to a level that exceeded the department's resources to coiled within a reasonable period of time. Even with working overtime on Saturdays and Sundays, Solid Waste has been unable to make up any ground and continues to lag well behind the published schedule. Now, as August nears, we're quickly approaching the historically most active time of the tropical season. For the protection of lives and property of the residents of Corpus Christi, it's in our best interest to expeditiously move forward in removing the curbside debris. Page 1 of ACTIONS TAKEN: 1_ All available Solid Waste Brush Division resources have worked to capacity, including weekends. 2. A quote from DRC Emergency Services, for $10.47/c.y., was obtained. FUTURE ACTIONS: 1. Use of an external contractor may be necessary to complete corrective actions to permanently address the situation on a time or cubic yard basis. CONTRACT AUTHORITY: The City Manager is authorized to approve contracts in excess of $50,000 by Charter Art. X, Sec.2(a) in case of an emergency, but such action must be reported to the Council. Additionally, the Local Government Code §252.022(a) exempts this procurement from State competitive bid requirements because it is necessary to: 1. preserve the property of the municipality; 2. preserve or protect the public health orsafety of the municipality's residents; and 3. is due to unforeseen damage to public machinery, equipment or other property. FUNDING: The preliminary estimate is approximately $150,000. The project is funded through funds redirected from unspent FY 2011 -12 appropriations. RECOMMENDATION: It is recommended that: 1. staff be authorized to administratively issue a Notice to Proceed with the collection and management of excessive brush and bulky items, and remaining storm debris; and\ 2. a finding be made that the instant case is an emergency that invokes the City Charter Art. X, §2(a), necessary to preserve the property of the municipality, protect the public health or safety of the municipality's resident and /or because of unforeseen damage to public machinery, equipment, or property. CONCUR:. Veronica Ocanas Assistant City Attorney Date Paye 2 ur 2 AGENDA MEMORANDUM First Reading for the City Council Meeting of July 17, 2012 Second Reading for the City Council Meeting of July 31, 2012 DATE: July 19, 2012 TO: Ronald L. Olson, City Manager FROM: Eddie Houlihan, Assistant Director, Management and Budget eddieho @cctexas.com 826 -3792 Adoption of Proposed FY 2012 -2013 Operating Budget CAPTION: Ordinance adopting the City of Corpus Christi budget for the ensuing fiscal year beginning August 1, 2012; to be filed with the County Clerk; appropriating monies as provided in the budget; and providing for severance. PURPOSE: To adopt budget for upcoming fiscal year as per charter requirement. BACKGROUND AND FINDINGS: City Charter requires City Council to review and act on the Operating Budget on a yearly basis. ALTERNATIVES: None. Approval of the budget is required by City Charter. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This item conforms to City Policies. EMERGENCY / NON - EMERGENCY: This item requires two readings. The First Reading was passed on July 17, 2012. DEPARTMENTAL CLEARANCES: Office of 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 730,401,256.00 730,401,256.00 Encumbered / Expended Amount 0.00 0.00 This item 0.00 0.00 BALANCE 730,401,256.00 730,401,256.00 Fund(s): All Operating Funds Comments Two changes arose during budget discussions that required amending the Proposed Budget. The proposed changes are: 1) increasing revenue for the Corpus Christi Museum of Science and History by $50,000, and 2) reducing the increase for the Police Health Plan from 11.6% to 9 %. Total revised proposed expenditures are $730,401,256 and total revised proposed revenues are $723,080,064 which includes an increase of $1,880,999 in property tax revenues over the prior year. RECOMMENDATION: Approval of Ordinance as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance Schedule of Adjustments AN ORDINANCE ADOPTING THE CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING AUGUST 1, 2012; TO BE FILED WITH THE COUNTY CLERK; APPROPRIATING MONIES AS PROVIDED IN THE BUDGET; AND PROVIDING FOR SEVERANCE. WHEREAS, the City Manager of the City of Corpus Christi (City), pursuant to Article IV, Section 2 of the City Charter, did submit to the City Council a budget proposal (Budget Proposal) of the revenues of the City, and the expenses of conducting the affairs thereof for the ensuing fiscal year beginning August 1, 2012, and ending July 31, 2013, and which Budget Proposal had been compiled from detailed information from the several departments, divisions, offices of the City, in accordance with the City Charter provision referenced above; and WHEREAS, the members of the City Council have received and studied the City Manager s Budget Proposal and have called and held the proper hearing in accordance with Section 102.006, Texas Local Government Code, on the Budget Proposal; and WHEREAS, pursuant to Section 2(f), Article IV, of the City Charter of the City of Corpus Christi, Texas, the City Council must appropriate such sums of money as provided in the Budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Budget of the City of Corpus Christi, covering proposed expenditures amounting to $730,401,256 and estimated revenues amounting to $723,080,064 for the Fiscal Year beginning August 1, 2012, and ending July 31, 2013, as submitted by the City Manager, with modifications directed by the City Council and recorded in its minutes being incorporated by reference, is adopted. SECTION 2. That upon the passage of this ordinance certain sums of money from all sources of City revenues, as described in the Budget, shall be and they are appropriated to cover the sums for expenditures and investments as provided for each of the several funds in the Budget, as modified by the City Council. Notwithstanding any other provision to the contrary, the City Manager is authorized to make transfers within departments, divisions, purposes, or funds, provided it is in accordance with applicable law. SECTION 3. Police Officer Positions The number of positions budgeted for each police officer classification in the Police Department shall be: Police officer and senior police officer - 391* Police Lieutenant - 37 Police Captain - 15 Police Commander - 4 Assistant Police Chief - 3 Police Chief - 1 FY12 -13 TOTAL 451 * These positions are interchangeable. Any police officer may become a senior police officer after 60 months' service by passing a pass /fail exam. This number may be temporarily increased by graduates from a police academy authorized by the City Manager, which temporary increase shall be reduced to authorized strength through attrition. SECTION 4. Firefighter Positions The number of positions budgeted for each firefighter classification in the Fire Department shall be: Firefighter - 134* Firefighter II -EMS - 109 Firefighter II - Engineer - 73 Fire Captain - 82 Battalion Chief - 10 Assistant Fire Chief - 4 Deputy Fire Chief - 1 Fire Chief - 1 FY12 -13 TOTAL 414 *This number may be temporarily increased by graduates from a fire academy authorized by the City Manager, which temporary increase shall be reduced to authorized strength through attrition. SECTION 5. That upon final passage of this budget ordinance, a true certified copy of this same ordinance shall be transmitted by the City Manager to the County Clerk of Nueces County, Texas, pursuant to Section 102.011, Texas Local Government Code. The budget shall also be part of the archives of the City. SECTION 6. 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 in this ordinance be given full force and effect for its purpose. 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 Attachment A - Schedule of Adjustments City of Corpus Christi Amendment to the FY 2012 -2013 Proposed Budget TOTAL PROPOSED REVENUES TOTAL PROPOSED EXPENDITURES 723,139,064 730,351,256 General Fund Fund - 1020 Proposed Expenditures Adjustments: Increase Accrued Pay Reduce increase for Police health plan from 11.6% to 9% Increase Reserve Appropriation Total Adjusted Expenditures $ 205,144, 508 50,000 (97,000) 97,000 $ 205,194,508 Proposed Revenues 206,360,733 Adjustments: Increase Museum revenues 50,000 Total Adjusted Expenditures 206,410,733 Public Safety Health Plan Fund - 5609 Proposed Revenues Adjustments: Reduce increase for Police health plan from 11.6% to 9% Total Adjusted Revenues 5,457,105 (109,000) 5, 348,105 C.C. Crime Control and Prevention District Fund - 9010 Proposed Expenditures Adjustments: Reduce increase for Police health plan from 11.6% to 9% Increase Reserve Appropriation Total Adjusted Revenues 5,627,344 (12,000) 12,000 5, 627,344 TOTAL AMENDED PROPOSED REVENUES TOTAL AMENDED PROPOSED EXPENDITURES 723,080,064 730,401,256 AGENDA MEMORANDUM First Reading for the City Council Meeting of July 17, 2012 Second Reading for the City Council Meeting of July 31, 2012 DATE: July 10, 2012 TO: Ronald L. Olson, City Manager FROM: Eddie Houlihan, Assistant Director, Management and Budget eddieho @cctexas.com 826 -3792 Ratify increase in Property Tax Revenues for 2012 -2013 Operating Budget CAPTION: Ordinance to ratify increase of $1,880,999 in property tax revenues from last year's operating budget as reflected in the 2012 -2013 operating budget. PURPOSE: To ratify increase in property taxes in budget for upcoming fiscal year as per Section 102.007(c) of the Local Government Code. BACKGROUND AND FINDINGS: The 2012 -2013 Operating Budget includes an increase in tax revenues which is required to be ratified by the City Council. ALTERNATIVES: None. Approval of the increase in the tax revenues budget is required by the Local Government Code. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This item conforms to City Policies. EMERGENCY / NON-EMERGENCY: This item requires two readings. The Second Reading is scheduled on July 31, 2012. DEPARTMENTAL CLEARANCES: Office of 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 1,880,999.00 1,880,999.00 Encumbered / Expended Amount 0.00 0.00 This item 0.00 0.00 BALANCE 1,880,999.00 1,880,999.00 Fund(s): All Operating Funds Comments Total proposed expenditures are $730,351,256 and total proposed revenues are $723,139,064 which includes an increase of $1,880,999 in property tax revenues over the prior year. RECOMMENDATION: Approval of Ordinance as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance to ratify increase of $1,880,999 in property tax revenues from last year's operating budget as reflected in the 2012 -2013 operating budget. Whereas, Section 102.007 (c) of the Texas Local Government Code provides that adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget and that a vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Council ratifies the increase of $1,880,999 in property tax revenues from last year's operating budget as reflected in the 2012 -2013 Operating Budget. 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 Future Item for the City Council Meeting of July 17, 2012 Action Item for the City Council Meeting of July 31, 2012 DATE: July 6, 2012 TO: Ronald L. Olson, City Manager FROM: Herb Canales, Director, Libraries HerbC @cctexas.com 361- 826 -7070 Ordinance changing Library fees and fines. CAPTION: Amending Section 2 -79 "Fees" of the Code of Ordinances by defining lost item, referring accounts with a lost item to collection, modifying lost item fee processing, authorizing replacement library card fee, authorizing increase in overdue fees for audio /visual items; providing an effective date; providing for severance; and providing for publication. PURPOSE: Increasing fines for overdue audio /visual materials from $0.25 to $1.00 per day. Establishing fee for replacement cards at $2.00 per card. Refunding one half the price of an item if said item has been paid for and returned. Establishing referral to collection agency for any lost item regardless of its value. BACKGROUND AND FINDINGS: Audio /visual materials are more costly. There is a cost associated with issuing cards. Refunding one half the price of the item encourages that the item be returned. Referring to a collection agency any lost item will encourage return. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY / NON - EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Not Applicable FINANCIAL IMPACT: ❑ Operating X 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 BALANCE Fund(s): Comments: New fees, impact unknown at this time. RECOMMENDATION: Staff recommends approval LIST OF SUPPORTING DOCUMENTS: Ordinance AN ORDINANCE AMENDING SECTION 2 -79 "FEES" OF THE CODE OF ORDINANCES BY DEFINING LOST ITEM, REFERRING ACCOUNTS WITH A LOST ITEM TO COLLECTION, MODIFYING LOST ITEM FEE PROCESSING, AUTHORIZING REPLACEMENT LIBRARY CARD FEE, AUTHORIZING INCREASE IN OVERDUE FEES FOR AUDIONISUAL ITEMS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 2 -79 is revised to read as follows: Sec. 2 -79. - Fees. (a) Overdue fees: (1) Each library item, per day $0.25 for books, $1.00 for recordings, audiocassettes, compact discs, videocassettes, and DVDs (2) Maximum overdue fee Actual replacement cost or original cost of item, whichever is greater (b) Collection fee: $10.00 Any account with a "Lost" item or any account of twenty -five dollars ($25.00) or more that is unpaid for sixty (60) days or more,- and is referred for collection to a private vendor, shall be assessed a ten - dollar (10.00) collection fee. (c) Photocopy fee, per page: $0.15 (d) Lost library item processing fee: $5.00 per lost library itcm, in addition to paymcnt of list pricc for rcplaccmcnt of thc lost itcm. The $5.00 lost library itcm proccssing fcc will be rcfundcd if thc itcm is found and rcturncd to thc library. An item is deemed lost on the 31st day after date due. At that time, patron is assessed the cost of the item or actual replacement cost, whichever is greater, plus a $5.00 processing fee. (1) If a lost item is returned in good condition after patron has paid the cost of the item and fees, the $5.00 processing fee is refunded and accrued fees paid or up to half the cost of the item, whichever is less is refunded. (2) If a lost item is returned in good condition and patron has not paid the cost of the item and fees, patron is charged accrued fees or up to half the cost of the item, whichever is less, and is not charged the $5.00 processing fee. (3) If a lost item is not in good condition when returned, the cost of the item or actual replacement cost, whichever is greater will be assessed plus the $5.00 processing fee. (e) Annual nonresident library fee: $25.00 The annual nonresident library fee shall not apply to the following: (1) Members of the armed forces (and their dependents) stationed (i) within the City limits or (ii) at the Coast Guard Station, Port Aransas, Texas; (2) Temporary residents residing within the City limits for six (6) weeks or more; (3) Students currently enrolled at (i) Texas A & M University- Corpus Christi or (ii) Del Mar College; and (4) Nonresidents who own real property within the City limits. Interlibrary loan service fees: (1) Residents of the city, per item: $2.75 (2) Nonresidents of the state, per item: $15.00 Residents of the city will also be charged for the full cost of any fees assessed by the lending library. Replacement Library Cards: Lost or stolen cards must be reported immediately. There is a $2.00 charge for replacement cards. (f) (g) SECTION 2. The effective date of this ordinance is August 1, 2012. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 4. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 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 Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr 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 Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr 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 July 17, 2012 DATE: June 15, 2012 TO: Ronald L. Olson, City Manager FROM: Michael Armstrong, Director of MIS michaelar@cctexas.com 826 -3735 Repealing the Code of Ordinances, City of Corpus Christi, Chapter 17, Repealing the Electronic Utility Payment Processing Fee effective August 1, 2012. CAPTION: Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 17, Finance, by repealing Section 17 -3.1, regarding utility payments convenience fee; providing for severance; providing for publication; and providing for effective date of August 1, 2012. PURPOSE: Repealing the electronic processing fee for online and IVR utility payments will encourage customers to use these services resulting in higher collection rates. BACKGROUND AND FINDINGS: In April 2009, the City Council lowered the utility payment electronic processing fee from $2.50 to $1.68. This fee is assessed to residential customers paying with a credit card through the City's online and IVR (telephone) utility payment applications. Since the reduction of the fee in 2009 we have seen the number of dollars collected more than double from $11,748,845 in 2009 to $25,965,768 so far in 2012. We are confident that more customers will be encouraged to use both the online and IVR (telephone) utility payment applications if they are not assessed an electronic processing fee. This is the preferred method of payment as it is more efficient than other methods. The utility departments, Water, Wastewater and Gas Departments will incur the cost for the assessed bank transaction fees. Due to the increased revenue being collected by the online and IVR utility payment systems, staff recommends elimination of the $1.68 electronic processing fee. ALTERNATIVES: Denial of the request to repeal the electronic processing fee for online and IVR utility payments. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Not applicable. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Legal Department Water Department Wastewater Department Gas Department MIS Department 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 Encumbered / Expended Amount This item ($252,081) (252,081) BALANCE Fund(s): Comments: Eliminating the electronic processing fee will result in a loss of approximately $252,081 of revenue in the Municipal Information Systems Fund. RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance AGENDA MEMORANDUM for the City Council Meeting of July 17, 2012 DATE: 7/6/2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826 -3729 CAPTION: PERMIT FEE INCREASES FOR TRAFFIC ENGINEERING APPLICATION PROCESS Ordinance amending Section 49 -16 of the Code of Ordinances to revise and increase fees for temporary street closure permits, classify and add permit fees for parades, walks, marches, and sporting events, and provide authority for the traffic engineer to issue all temporary street closure permits; providing for severance; and providing for publication. Ordinance amending Section 3- 3(2)(c) of the Code of Ordinances to increase the fee for a banner permit from $ 25.00 to $ 35.00; providing for severance; providing for publication. Ordinance amending Section 53 -88 of the Code of Ordinances to provide for an administrative fee of $ 100.00 to initiate a traffic calming study device process; providing for severance; and providing for publication. BACKGROUND AND FINDINGS: Traffic Engineering request for Council to consider the increase in fees for the following permits: Street Closure Neighborhood Events: An increase to $120.00 is proposed for a Neighborhood Event which required one residential neighborhood street between two intersecting streets (one block) for one day only, less than 12 continuous hours, not requiring the closure past 12:00 a.m. This increase should not affect the applicants who are holding the event. Currently we assist approximately 40 applicants on neighborhood events. One hundred percent 100% participation is required by all residents residing along the residential street where the event will be taking place. Neighborhood event permits will require the use of traffic control devices. If available, the city will provide the necessary devices to be picked up by an applicant for a refundable deposit of 100.00. Applicants who fail to return any traffic control devices or materials as scheduled to the city will forfeit the amount deposited. Street Closure for Small Events: An increase in fees is proposed for small Special Events which requires the closure of one minor street adjacent to churches, schools, or other public institutions between two intersecting streets (one block) for one day only, for a maximum duration of 12 hours. The event hours shall not go past 12 a.m. (midnight) The fee increase is based on the number of participants expected to attend the event. 50 to 100 participants $120.00 100 to 200 participants $200.00 200 to 300 participants $300.00 City Traffic Engineering will provide a traffic control plan and direction on the set up of traffic control devices. A fee of $50.00 dollars will be accessed for three (3) sets of traffic control plan prints. An additional fee of $50.00 will be charged for any additional changes to the approved traffic control plan. If available, the city will provide the necessary devices, which may be picked up by and applicants for a refundable deposit of $100.00. Applicants who fail to return any traffic control devices or materials as scheduled to the city shall forfeit the amount deposited. Events of more than 300 participants will be considered a Large /Special Event. Street Closure for Large /Special Events: An increase in fees is proposed for a Large /Special Event which will require one or more major streets, such as arterial or collector streets, or involves extensive detouring. The fee increase is based on the number of participants expected to attend the event. Fenced perimeter and 300 or less participants Unfenced perimeter and 300 or less participants Fenced perimeter and more than 300 participants Unfenced perimeter and more than 300 participants $ 300.00 $ 350.00 $ 400.00 $ 500.00 City Traffic Engineering will provide a traffic control plan. Applicants may chose to obtain a traffic control design by separate contract with a consultant. A fee of $ 200.00 will be accessed for three (3) sets of traffic control plan prints. An additional fee of $ 100.00 will be charged for any changes to the approved traffic control plan. A review fee of $ 100.00 will be charged for the required review of traffic control plans submitted by and applicant's consultant. For large /special events, applicants will be required to contract with a private barricading company to provide the required traffic control set up. Parades/Walks /Marches /Sporting Events There are currently no fees for events such as Parades, Walks, Marches, Fun Runs, and Sporting Events. Traffic Engineering reviews and approves permits affecting the City Right of Way. Currently there are approximately 100 permits issued yearly. Traffic Engineering is proposing to administer a fee for the application process and additional services based on the number of participants. 0 to 50 participants 50 to 100 participants 100 to 200 participants 200 to 300 participants Above 300 participants $ 45.00 $ 100.00 $ 200.00 $ 300.00 $ 500.00 City Traffic Engineering will provide a traffic control plan when necessary. Event organizer may chose to obtain a traffic control design plan through a consultant. For events with 300 or less participants: A fee of 50.00 dollars will be accessed for three (3) sets of traffic control plan prints. An additional fee of 50.00 will be charged for any additional changes to the approved traffic control plan. For events more than 300 participants A fee of 200.00 will be accessed for three (3) sets of traffic control plan prints. An additional fee of 100.00 will be charged for any additional changes to the approved traffic control plan. A review fee of $ 100.00 will be charged for the required review of traffic control plans submitted by and applicant's consultant. For parades, walks, marches, and sporting events, applicants will contract with a private barricading company to provide the required traffic control set up when necessary and directed by the Traffic Engineer. Banner Permits: An increase in fees to a non refundable processing fee of $35.00 is proposed for the application process for Banner Permits. Traffic Engineering issues permits for nonprofit customers to install banners on the City Right of Way at seven (7) existing locations. Approximately 20 permits are issued annually. Traffic Engineering is responsible for the maintenance of the existing banner poles. Residential Traffic Management Program Traffic Engineering is proposing to administer a $ 100.00 fee for beginning the application process for the Residential Traffic Management Program. This would help the department recover basic fees for speed hump request and additional services. Speed humps are on a cost share basis with customers paying from 0% to 100% for the installation of the speed hump only. Currently to study the area for qualification of installing a speed hump is not reimbursed. Approximately 100 request are received resulting in about 75 studies a year. ALTERNATIVES: Continue with the existing Fees OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Section 49 -16 Issuance of Permits; classification of events Section 3 -3 Banners, etc, over public streets. Section 53 -88 Traffic calming device study process. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Finance Department Legal Department 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 Check Reimbursement This item BALANCE Fund(s): General Funds Comments: Increase revenues to the General Fund RECOMMENDATION: City Staff recommends the approval of the proposed fees for cost recovery to the General Fund. LIST OF SUPPORTING DOCUMENTS: 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 Ordinance amending Section 49 -16 of the Code of Ordinances to revise and increase fees for temporary street closure permits, classify and add permit fees for parades, walks, marches, and sporting events, and provide authority for the city traffic engineer to issue all temporary street closure permits; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 49 -16 of the City of Corpus Christi Code of Ordinances is amended as shown: CHAPTER 49 STREETS AND SIDEWALKS ARTICLE I. IN GENERAL DIVISION 2. TEMPORARY CLOSURE OF STREETS * * * * * Sec. 49 -16. Issuance of permits; classification of events, required fees. Upon the review and recommendation of the application by-the-city, the city traffic engineer may issue permits may be issued for the temporary closure of a street or streets in the following manner: (a) Neighborhood events. For neighborhood events at which no admission is charged and no items are sold and which require the closure of one (1) residential neighborhood streets located between two intersecting streets (one block) for less than twelve (12) continuous hours, not requiring closure past 12:00 a.m., permits may be granted by the city traffic engineer or him+ .Designated representative. Notice of the granting of such permits shall be provided to the city council. A permit application fee of one hundred ten dollars ($110.00) one hundred twenty dollars ($120.00) is required for such events. Neighborhood events require the participation of one hundred percent (100 %) of all persons residing along the street to be closed. C: \Documents and Settings \GabrielleE.CCPD1 \Local Settings \Temporary Internet Files \Content.Outlook \2NMLZG28 \071712 ORD Amend 49 -16 to revise fees and provide authority for TE to issue all permits v 5 (2).docx (b) Neighborhood event permits will require the use of traffic control devices. If available, the city will provide the necessary devices, which may be picked up by an applicant for a refundable deposit of one hundred dollars ($100.00). Applicants who fail to return any traffic control devices or materials to the city shall forfeit the amount deposited. Small events. For small events which require the closure of one (1) or ere minor streets located between two intersecting streets and adjacent to churches, schools, or other public institutions, not involving extensive detouring of traffic and not requiring closure for more than twelve (12) continuous hours, permits may be granted by the city traffic engineer city manager or his designated representative. Notice of the granting of such permits shall be provided to the city council. For the purposes of this section, the term "minor streets" shall mean any streets other than arterial and collector streets as classified on the urban transportation plan. A permit application fee is required for such events based on the following sliding scale: Approximate number of participants Fee 50 — 100 $120.00 100 — 200 $200.00 200 — 300 $300.00 The city will provide a traffic control plan and direction on the set up of traffic control devices. A fee of fifty dollars ($50.00) will be assessed for three (3) sets of traffic control plan prints. An additional fee of fifty dollars ($50.00) will be charged for any changes to the approved traffic control plan. Small events will require the use of traffic control devices. If available, the city will provide the necessary devices, which may be picked up by an applicant for a refundable deposit of one hundred dollars ($100.00). Applicants who fail to return any traffic control devices or materials to the city shall forfeit the amount deposited. C: \Documents and Settings \GabrielleE.CCPD1 \Local Settings \Temporary Internet Files \Content.Outlook \2NMLZG28 \071712 ORD Amend 49 -16 to revise fees and provide authority for TE to issue all permits v 5 (2).docx Events of more than 300 participants will be considered a large /special event. (c) Large /special events. For all other events, which shall be treated as large /special events, including, but not limited to, events which require the closure of one (1) or more major streets or involve more extensive detouring of traffic, permits may be issued by the c� traffic engineer. - e counnil expressed by motion A permit application fee of -two is required for such events based on the following sliding scale: Approximate number of participants Fee 300 or less, fenced $300.00 300 or less, unfenced $350.00 More than 300, fenced $400.00 More than 300, unfenced $500.00 The city will provide a traffic control plan. Applicants may choose to obtain a traffic control design plan by separate contract with a consultant. For events with 300 three hundred (300) participants or less, a fee of fifty dollars ($50.00) will be assessed for three (3) sets of traffic control plan prints. An additional fee of fifty dollars ($50.00) will be charged for any changes to the approved traffic control plan. For events with more than three hundred (300) participants, a fee of two hundred dollars ($200.00) will be assessed for three (3) sets of traffic control plan prints. An additional fee of one hundred dollars ($100.00) will be charged for any changes to the approved traffic control plan. A review fee of one hundred dollars ($100.000) will be charged for the required review of traffic control plans submitted by an applicant's consultant. u Parades, walks, marches, sporting events. For all parades, walks, marches, sporting events, and any other events, which C: \Documents and Settings \GabrielleE.CCPD1 \Local Settings \Temporary Internet Files \Content.Outlook \2NMLZG28 \071712 ORD Amend 49 -16 to revise fees and provide authority for TE to issue all permits v 5 (2).docx shall be treated as large /special events, permits may be issued by the city traffic engineer. A permit application fee is required for such events based on the following sliding scale: Approximate number of participants Fee 0 - 50 $45.00 50 - 100 $100.00 100 - 200 $200.00 200 — 300 $300.00 More than 300 $500.00 The city will provide a traffic control plan when necessary. Applicants may choose to obtain a traffic control design plan by separate contract with a consultant. For events with three hundred (300) participants or less, a fee of fifty dollars ($50.00) will be assessed for three (3) sets of traffic control plan prints. An additional fee of fifty dollars ($50.00) will be charged for any changes to the approved traffic control plan. For events with more than three hundred (300) participants, a fee of two hundred dollars ($200.00) will be assessed for three (3) sets of traffic control plan prints. An additional fee of one hundred dollars ($100.00) will be charged for any changes to the approved traffic control plan. A review fee of one hundred dollars ($100.000) will be charged for the required review of traffic control plans submitted by an applicant's consultant. For large /special events, applicants shall contract with a private barricading company to provide the required traffic control set up. For parades, walks, marches, and sporting events, applicants shall contract with a private barricading company to provide the required traffic control set up when necessary and directed by the city traffic engineer. In addition to a temporary street closure permit issued under this section, a person seeking issuance of a parade permit shall file an application with the chief of police in accordance C: \Documents and Settings \GabrielleE.CCPD1 \Local Settings \Temporary Internet Files \Content.Outlook \2NMLZG28 \071712 ORD Amend 49 -16 to revise fees and provide authority for TE to issue all permits v 5 (2).docx with the Corpus Christi Parade Ordinance, Article VII, Chapter 53 of this Code. For all events, no refunds shall be given for a cancelled event. * * * * SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. C: \Documents and Settings \GabrielleE.CCPD1 \Local Settings \Temporary Internet Files \Content.Outlook \2NMLZG28 \071712 ORD Amend 49 -16 to revise fees and provide authority for TE to issue all permits v 5 (2).docx 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, Sr. Mark Scott 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 David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr. Mark Scott Priscilla G. Leal PASSED AND APPROVED on this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor C: \Documents and Settings \GabrielleE.CCPD1 \Local Settings \Temporary Internet Files \Content.Outlook \2NMLZG28 \071712 ORD Amend 49 -16 to revise fees and provide authority for TE to issue all permits v 5 (2).docx AGENDA MEMORANDUM for the City Council Meeting of July 17, 2012 DATE: 7/6/2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826 -3729 CAPTION: PERMIT FEE INCREASES FOR TRAFFIC ENGINEERING APPLICATION PROCESS Ordinance amending Section 49 -16 of the Code of Ordinances to revise and increase fees for temporary street closure permits, classify and add permit fees for parades, walks, marches, and sporting events, and provide authority for the traffic engineer to issue all temporary street closure permits; providing for severance; and providing for publication. Ordinance amending Section 3- 3(2)(c) of the Code of Ordinances to increase the fee for a banner permit from $ 25.00 to $ 35.00; providing for severance; providing for publication. Ordinance amending Section 53 -88 of the Code of Ordinances to provide for an administrative fee of $ 100.00 to initiate a traffic calming study device process; providing for severance; and providing for publication. BACKGROUND AND FINDINGS: Traffic Engineering request for Council to consider the increase in fees for the following permits: Street Closure Neighborhood Events: An increase to $120.00 is proposed for a Neighborhood Event which required one residential neighborhood street between two intersecting streets (one block) for one day only, less than 12 continuous hours, not requiring the closure past 12:00 a.m. This increase should not affect the applicants who are holding the event. Currently we assist approximately 40 applicants on neighborhood events. One hundred percent 100% participation is required by all residents residing along the residential street where the event will be taking place. Neighborhood event permits will require the use of traffic control devices. If available, the city will provide the necessary devices to be picked up by an applicant for a refundable deposit of 100.00. Applicants who fail to return any traffic control devices or materials as scheduled to the city will forfeit the amount deposited. Street Closure for Small Events: An increase in fees is proposed for small Special Events which requires the closure of one minor street adjacent to churches, schools, or other public institutions between two intersecting streets (one block) for one day only, for a maximum duration of 12 hours. The event hours shall not go past 12 a.m. (midnight) The fee increase is based on the number of participants expected to attend the event. 50 to 100 participants $120.00 100 to 200 participants $200.00 200 to 300 participants $300.00 City Traffic Engineering will provide a traffic control plan and direction on the set up of traffic control devices. A fee of $50.00 dollars will be accessed for three (3) sets of traffic control plan prints. An additional fee of $50.00 will be charged for any additional changes to the approved traffic control plan. If available, the city will provide the necessary devices, which may be picked up by and applicants for a refundable deposit of $100.00. Applicants who fail to return any traffic control devices or materials as scheduled to the city shall forfeit the amount deposited. Events of more than 300 participants will be considered a Large /Special Event. Street Closure for Large /Special Events: An increase in fees is proposed for a Large /Special Event which will require one or more major streets, such as arterial or collector streets, or involves extensive detouring. The fee increase is based on the number of participants expected to attend the event. Fenced perimeter and 300 or less participants Unfenced perimeter and 300 or less participants Fenced perimeter and more than 300 participants Unfenced perimeter and more than 300 participants $ 300.00 $ 350.00 $ 400.00 $ 500.00 City Traffic Engineering will provide a traffic control plan. Applicants may chose to obtain a traffic control design by separate contract with a consultant. A fee of $ 200.00 will be accessed for three (3) sets of traffic control plan prints. An additional fee of $ 100.00 will be charged for any changes to the approved traffic control plan. A review fee of $ 100.00 will be charged for the required review of traffic control plans submitted by and applicant's consultant. For large /special events, applicants will be required to contract with a private barricading company to provide the required traffic control set up. Parades/Walks /Marches /Sporting Events There are currently no fees for events such as Parades, Walks, Marches, Fun Runs, and Sporting Events. Traffic Engineering reviews and approves permits affecting the City Right of Way. Currently there are approximately 100 permits issued yearly. Traffic Engineering is proposing to administer a fee for the application process and additional services based on the number of participants. 0 to 50 participants 50 to 100 participants 100 to 200 participants 200 to 300 participants Above 300 participants $ 45.00 $ 100.00 $ 200.00 $ 300.00 $ 500.00 City Traffic Engineering will provide a traffic control plan when necessary. Event organizer may chose to obtain a traffic control design plan through a consultant. For events with 300 or less participants: A fee of 50.00 dollars will be accessed for three (3) sets of traffic control plan prints. An additional fee of 50.00 will be charged for any additional changes to the approved traffic control plan. For events more than 300 participants A fee of 200.00 will be accessed for three (3) sets of traffic control plan prints. An additional fee of 100.00 will be charged for any additional changes to the approved traffic control plan. A review fee of $ 100.00 will be charged for the required review of traffic control plans submitted by and applicant's consultant. For parades, walks, marches, and sporting events, applicants will contract with a private barricading company to provide the required traffic control set up when necessary and directed by the Traffic Engineer. Banner Permits: An increase in fees to a non refundable processing fee of $35.00 is proposed for the application process for Banner Permits. Traffic Engineering issues permits for nonprofit customers to install banners on the City Right of Way at seven (7) existing locations. Approximately 20 permits are issued annually. Traffic Engineering is responsible for the maintenance of the existing banner poles. Residential Traffic Management Program Traffic Engineering is proposing to administer a $ 100.00 fee for beginning the application process for the Residential Traffic Management Program. This would help the department recover basic fees for speed hump request and additional services. Speed humps are on a cost share basis with customers paying from 0% to 100% for the installation of the speed hump only. Currently to study the area for qualification of installing a speed hump is not reimbursed. Approximately 100 request are received resulting in about 75 studies a year. ALTERNATIVES: Continue with the existing Fees OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Section 49 -16 Issuance of Permits; classification of events Section 3 -3 Banners, etc, over public streets. Section 53 -88 Traffic calming device study process. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Finance Department Legal Department 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 Check Reimbursement This item BALANCE Fund(s): General Funds Comments: Increase revenues to the General Fund RECOMMENDATION: City Staff recommends the approval of the proposed fees for cost recovery to the General Fund. LIST OF SUPPORTING DOCUMENTS: 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 Ordinance amending Section 3- 3(2)(c) of the Code of Ordinances to increase the fee for a banner permit from $25.00 to $35.00; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 3- 3(2)(c) of the City of Corpus Christi Code of Ordinances is amended as shown: CHAPTER 3 ADVERTISING ARTICLE I. IN GENERAL Sec. 3 -3. - Banners, etc., over public streets. No person may build, construct, fasten, tie, install, remove, or maintain any banners, streamers or other similar materials ( "banners ") anywhere in the city in such a manner that the same is above, over or across any public right -of- way or street or public property within the city except as set out below: (1) (2) The city traffic engineer may issue a permit for installation of banner for a temporary period of time, set out in the permit, at specific locations over or across city property or street right -of -way to a nonprofit organization promoting, or any person engaged in promoting, a nonprofit public event or activity or donating one hundred (100) per cent of the net proceeds (less banner costs and associated banner expenses) to a nonprofit organization, subject to compliance with the conditions set out below. Prior to issuance of the permit and installation of banners, the permittee must: a. Furnish a certificate of insurance, meeting the insurance requirements set by the risk manager, to the city traffic engineer and risk manager, naming the city as additional insured, no less than ten (10) business days prior to the first day of the permitted banner installation. C: \Documents and Settings \GabrielleE.CCPD1 \Local Settings \Temporary Internet Files \Content.Outlook \2NMLZG28 \071712 ORD Amend 3 -3 to increase banner permit fee.docx c. d. Sign an indemnity form indemnifying the city from all personal injury or property damage that might result from installing, maintaining, or removing the banners. Pay a nonrefundable processing fee of twenty-five dollars {$200} thirty five dollars ($35.00) for administrative costs associated with issuing the permit. Agree in writing to install, maintain, and remove the banner in the manner and at the times set by the city traffic engineer, and stated in the permit, and to ensure that the banner remains properly secured during the time it is permitted. * * * * SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. C: \Documents and Settings \GabrielleE.CCPD1 \Local Settings \Temporary Internet Files \Content.Outlook \2NMLZG28 \071712 ORD Amend 3 -3 to increase banner permit fee.docx 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, Sr. Mark Scott 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 David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr. Mark Scott Priscilla G. Leal PASSED AND APPROVED on this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor C: \Documents and Settings \GabrielleE.CCPD1 \Local Settings \Temporary Internet Files \Content.Outlook \2NMLZG28 \071712 ORD Amend 3 -3 to increase banner permit fee.docx AGENDA MEMORANDUM for the City Council Meeting of July 17, 2012 DATE: 7/6/2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826 -3729 CAPTION: PERMIT FEE INCREASES FOR TRAFFIC ENGINEERING APPLICATION PROCESS Ordinance amending Section 49 -16 of the Code of Ordinances to revise and increase fees for temporary street closure permits, classify and add permit fees for parades, walks, marches, and sporting events, and provide authority for the traffic engineer to issue all temporary street closure permits; providing for severance; and providing for publication. Ordinance amending Section 3- 3(2)(c) of the Code of Ordinances to increase the fee for a banner permit from $ 25.00 to $ 35.00; providing for severance; providing for publication. Ordinance amending Section 53 -88 of the Code of Ordinances to provide for an administrative fee of $ 100.00 to initiate a traffic calming study device process; providing for severance; and providing for publication. BACKGROUND AND FINDINGS: Traffic Engineering request for Council to consider the increase in fees for the following permits: Street Closure Neighborhood Events: An increase to $120.00 is proposed for a Neighborhood Event which required one residential neighborhood street between two intersecting streets (one block) for one day only, less than 12 continuous hours, not requiring the closure past 12:00 a.m. This increase should not affect the applicants who are holding the event. Currently we assist approximately 40 applicants on neighborhood events. One hundred percent 100% participation is required by all residents residing along the residential street where the event will be taking place. Neighborhood event permits will require the use of traffic control devices. If available, the city will provide the necessary devices to be picked up by an applicant for a refundable deposit of 100.00. Applicants who fail to return any traffic control devices or materials as scheduled to the city will forfeit the amount deposited. Street Closure for Small Events: An increase in fees is proposed for small Special Events which requires the closure of one minor street adjacent to churches, schools, or other public institutions between two intersecting streets (one block) for one day only, for a maximum duration of 12 hours. The event hours shall not go past 12 a.m. (midnight) The fee increase is based on the number of participants expected to attend the event. 50 to 100 participants $120.00 100 to 200 participants $200.00 200 to 300 participants $300.00 City Traffic Engineering will provide a traffic control plan and direction on the set up of traffic control devices. A fee of $50.00 dollars will be accessed for three (3) sets of traffic control plan prints. An additional fee of $50.00 will be charged for any additional changes to the approved traffic control plan. If available, the city will provide the necessary devices, which may be picked up by and applicants for a refundable deposit of $100.00. Applicants who fail to return any traffic control devices or materials as scheduled to the city shall forfeit the amount deposited. Events of more than 300 participants will be considered a Large /Special Event. Street Closure for Large /Special Events: An increase in fees is proposed for a Large /Special Event which will require one or more major streets, such as arterial or collector streets, or involves extensive detouring. The fee increase is based on the number of participants expected to attend the event. Fenced perimeter and 300 or less participants Unfenced perimeter and 300 or less participants Fenced perimeter and more than 300 participants Unfenced perimeter and more than 300 participants $ 300.00 $ 350.00 $ 400.00 $ 500.00 City Traffic Engineering will provide a traffic control plan. Applicants may chose to obtain a traffic control design by separate contract with a consultant. A fee of $ 200.00 will be accessed for three (3) sets of traffic control plan prints. An additional fee of $ 100.00 will be charged for any changes to the approved traffic control plan. A review fee of $ 100.00 will be charged for the required review of traffic control plans submitted by and applicant's consultant. For large /special events, applicants will be required to contract with a private barricading company to provide the required traffic control set up. Parades/Walks /Marches /Sporting Events There are currently no fees for events such as Parades, Walks, Marches, Fun Runs, and Sporting Events. Traffic Engineering reviews and approves permits affecting the City Right of Way. Currently there are approximately 100 permits issued yearly. Traffic Engineering is proposing to administer a fee for the application process and additional services based on the number of participants. 0 to 50 participants 50 to 100 participants 100 to 200 participants 200 to 300 participants Above 300 participants $ 45.00 $ 100.00 $ 200.00 $ 300.00 $ 500.00 City Traffic Engineering will provide a traffic control plan when necessary. Event organizer may chose to obtain a traffic control design plan through a consultant. For events with 300 or less participants: A fee of 50.00 dollars will be accessed for three (3) sets of traffic control plan prints. An additional fee of 50.00 will be charged for any additional changes to the approved traffic control plan. For events more than 300 participants A fee of 200.00 will be accessed for three (3) sets of traffic control plan prints. An additional fee of 100.00 will be charged for any additional changes to the approved traffic control plan. A review fee of $ 100.00 will be charged for the required review of traffic control plans submitted by and applicant's consultant. For parades, walks, marches, and sporting events, applicants will contract with a private barricading company to provide the required traffic control set up when necessary and directed by the Traffic Engineer. Banner Permits: An increase in fees to a non refundable processing fee of $35.00 is proposed for the application process for Banner Permits. Traffic Engineering issues permits for nonprofit customers to install banners on the City Right of Way at seven (7) existing locations. Approximately 20 permits are issued annually. Traffic Engineering is responsible for the maintenance of the existing banner poles. Residential Traffic Management Program Traffic Engineering is proposing to administer a $ 100.00 fee for beginning the application process for the Residential Traffic Management Program. This would help the department recover basic fees for speed hump request and additional services. Speed humps are on a cost share basis with customers paying from 0% to 100% for the installation of the speed hump only. Currently to study the area for qualification of installing a speed hump is not reimbursed. Approximately 100 request are received resulting in about 75 studies a year. ALTERNATIVES: Continue with the existing Fees OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Section 49 -16 Issuance of Permits; classification of events Section 3 -3 Banners, etc, over public streets. Section 53 -88 Traffic calming device study process. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Finance Department Legal Department 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 Check Reimbursement This item BALANCE Fund(s): General Funds Comments: Increase revenues to the General Fund RECOMMENDATION: City Staff recommends the approval of the proposed fees for cost recovery to the General Fund. LIST OF SUPPORTING DOCUMENTS: 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 Ordinance amending Section 53 -88 of the Code of Ordinances to provide for an administrative fee of $100.00 to initiate a traffic calming study device process; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Sections 53 -88(1) and 53- 88(2)(a) of the City of Corpus Christi Code of Ordinances are amended as shown: CHAPTER 53 TRAFFIC ARTICLE IV. TRAFFIC CONTROL DEVICES DIVISION 2. RESIDENTIAL TRAFFIC CALMING DEVICES * * * * * Sec. 53 -88. Traffic calming device study process. The following items describe the procedure to be followed for speed hump or traffic diverter installation: (1) (2) Project request. Request for speed hump or traffic diverter installation can be initiated by any one individual, group of residents, or neighborhood association. A request shall be sent in writing to the city traffic engineer, and must be accompanied by a fee of one hundred dollars ($100.00) to cover administrative costs. Preliminary review of citizen /neighborhood request. a. After a request for a traffic calming device and the required fee of one hundred dollars ($100.00) has been received, city staff will conduct an initial investigation of the street's eligibility in regards to the operational and geometric characteristics (section 53- 84(a)). The fire and police department will be forwarded a copy of the petition and subdivision layout, following determination of the initial investigation that the basic criteria is satisfied, for these C: \Documents and Settings \GabrielleE.CCPD1 \Local Settings \Temporary Internet Files \Content.Outlook \2NMLZG28 \071712 ORD Amend 53 -88 to add $100 fee to traffic calming device study process (2).docx b. department's review and specification of any streets which should not have calming devices. If the operational and geometric requirements for eligibility are not met, or if the fire and police departments do not approve the request, the street shall not be considered for the traffic calming device and the requester(s) will be notified. * * * * SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. C: \Documents and Settings \GabrielleE.CCPD1 \Local Settings \Temporary Internet Files \Content.Outlook \2NMLZG28 \071712 ORD Amend 53 -88 to add $100 fee to traffic calming device study process (2).docx 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, Sr. Mark Scott 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 David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr. Mark Scott Priscilla G. Leal PASSED AND APPROVED on this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor C: \Documents and Settings \GabrielleE.CCPD1 \Local Settings \Temporary Internet Files \Content.Outlook \2NMLZG28 \071712 ORD Amend 53 -88 to add $100 fee to traffic calming device study process (2).docx AGENDA MEMORANDUM for the City Council Meeting of July 17, 2012 DATE: June 29, 2012 TO: Ronald L. Olson, City Manager FROM: Eddie Houlihan, Assistant Director, Management and Budget eddieho @cctexas.com 826 -3792 Ordinance adjusting water rates and fees CAPTION: Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water rates and fees; providing for severance; providing an effective date; and providing for publication. PURPOSE: To amend the Code of Ordinances for the revision of water rates and fees. BACKGROUND AND FINDINGS: The Proposed FY 2012 -2013 Budget includes estimated revenues generated from increased fees and rates and new fees /rates necessary to fund specific projects and /or cover existing operating costs. ALTERNATIVES: Not amending the Code of Ordinances OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The Ordinance complies with City Policy. EMERGENCY / NON - EMERGENCY: This item requires two readings. The second reading is scheduled on July 17, 2012. DEPARTMENTAL CLEARANCES: Water 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 Encumbered / Expended Amount This item BALANCE Fund(s): Comments: This item has no financial impact on the budget RECOMMENDATION: Approval of the Ordinance as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance amending various sections regarding Water Rates Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water rates and fees; providing for severance; providing an effective date; and providing for publication. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. Section 55 -50 of the code of ordinances is amended by revising it to read as follows: Sec. 55 -50. - Schedule. (a) Base rates for water service. The rates for water service are as follows: (1) Monthly minimum charges. a. Metered treated water customers. 1. Inside city limits ( "ICL "): Meter Size (Inches) August 1, 20112012 to July 31, 22013 Residential 5/8 —% $ 8.72 Commercial 5/8 —% 12.58 Residential and Commercial 1 18.87 1% 31.46 2 62.90 3 100.64 4 201.29 6 314.52 8 and larger 629.03 Large Volume Any size 16,349.00 Temporary construction 1 18.87 1% 31.46 2 62.90 Corpus Christi, Texas, Code of Ordinances Page 1 of 12 2. Outside city limits ( "OCL "): Meter Size (Inches) August 1, 20112012 to July 31, 22013 Residential $390.281 5/8 -% $ 10.46 Commercial 390.28 5/8 -% 15.10 Residential and Commercial 130.09 1 22.64 1% 37.75 2 75.48 3 120.77 4 241.55 6 377.42 8 and larger 754.84 Large Volume Any size 27,279.00 Temporary construction 1 22.64 1% 37.75 2 75.48 b. Untreated water customers. Corpus Christi, Texas, Code of Ordinances Page 2 of 12 August 1, 2011 -2012 to July 31, 22013 Minimum monthly service charge, water districts/ municipalities with raw water supply contracts executed after January 1, 1997 $390.281 Minimum monthly service charge for public agency for resale untreated water without a raw water supply contract executed after January 1, 19971 237.70 Minimum monthly service charge, industrial 390.28 Minimum monthly service charge, domestic 13.00 Minimum annual service charge, domestic 130.09 Minimum monthly service charge, agricultural irrigation water service 195.00 Minimum monthly service charge, temporary construction water service 260.00 Minimum monthly service charge, temporary 1,500.00 Corpus Christi, Texas, Code of Ordinances Page 2 of 12 large volume industrial untreated water customers obtaining water, which is under contract to the city, from a reservoir under the exclusive control of a river authority 'Minimum monthly charge for public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997: If the charge based on the volume of water taken in a monthly billing period is less than $237.70, the customer shall be billed $237.70, unless a valid water supply contract between the customer and city that was executed prior to January 1, 1997, provides for a minimum annual payment. If a valid water supply contract between the customer and city executed prior to August 1, 2000, provides for a minimum annual payment, the customer shall pay the minimum annual payment under the contract. c. Blended water customers. August 1, 20112012 to July 31, 122013 Any size $27,279.00 (2) Monthly volume charges per 1,000 gallons. a. Residential rate. 1. Inside city limits: August 1, "r "72012 to July 31, 22013 First 2,000 Gallons Minimum* Next 4,000 Gallons $4.172 Next 4,000 Gallons 5.215 Next 5,000 Gallons 5.997 Next 15,000 Gallons 6.577 7.301 Next 20,000 Gallons 8.865 Next 50,000 Gallons 9.648 Over 100,000 Gallons 10.430 *Use the minimum charges in subsection (a)(1). 2. Outside city limits: Corpus Christi, Texas, Code of Ordinances Page 3 of 12 August 1, 20112012 to July 31, 201212013 First 2,000 Gallons Minimum* Next 4,000 Gallons 1 1 $1.695 Corpus Christi, Texas, Code of Ordinances Page 3 of 12 Next 4,000 Gallons 2.119 Next 5,000 Gallons 2.632 2.437 Next 15,000 Gallons 2.967 Next 20,000 Gallons 3.602 Next 50,000 Gallons 4235 3.920 Over 100,000 Gallons 4.578 4.238 *Use the minimum charges in subsection (a)(1). b. Commercial rate. 1. Inside city limits: *Use the minimum charges in subsection (a)(1). 2. Outside city limits: August 1, July 312013 12012 to First 2,000 Gallons Minimum* $2.412 Over 2,000 Gallons r' $5.172 *Use the minimum charges in subsection (a)(1). 2. Outside city limits: *Use the minimum charges in subsection (a)(1). c. Golf course and athletic field irrigation water inside city limits. August 1, 12012 to July 31, 20122013 First 2,000 Gallons Minimum* Over 2,000 Gallons $2.412 *Use the minimum charges in subsection (a)(1). c. Golf course and athletic field irrigation water inside city limits. *Use the minimum charges in subsection (a)(1) for ICL customer. d. Residential irrigation water on separate meter 1. Inside city limits: August 1, 20112012 to July 31, 20122013 First 2,000 Gallons Minimum* Over 2,000 Gallons $2.542 *Use the minimum charges in subsection (a)(1) for ICL customer. d. Residential irrigation water on separate meter 1. Inside city limits: Corpus Christi, Texas, Code of Ordinances Page 4 of 12 August 1, 2012 to July 31, 2013 First 2,000 Gallons Minimum* Next 4 000 Gallons 7.301 Corpus Christi, Texas, Code of Ordinances Page 4 of 12 Next 4,000 Gallons $ 8.865 Next 5,000 Gallons $ 9.648 Over 15,000 Gallons $ 10.430 2. Outside city limits August 1, 2012 to July 31, 2013 First 2,000 Gallons Minimum* Next 4,000 Gallons $4.671 Next 4,000 Gallons 6.235 Next 5,000 Gallons 7.018 Over 15,000 Gallons 7.800 4,e. Resale treated water rates. 1. Treated water rates purchased for resale where the water is taken and metered at the site of treatment are hereby set as follows: *Use the minimum charges in subsection (a)(1). 2. Treated water rates purchased for resale where the water is delivered to the resale entity through city facilities are hereby set as follows: August 1, 20112012 to July 31, 20122013 First 2,000 Gallons Minimum* Over 2,000 Gallons 9 $.870 *Use the minimum charges in subsection (a)(1). 2. Treated water rates purchased for resale where the water is delivered to the resale entity through city facilities are hereby set as follows: *Use the minimum charges in subsection (a)(1). f. Large volume treated water customers. A commercial treated water customer who agrees to pay for a minimum of ten million (10,000,000) gallons of treated water per month is considered a large volume treated water customer. Once a customer has elected to become a large volume treated water customer, the customer will be billed as a large volume treated water customer until the customer notifies the city and requests reclassification as a commercial customer in writing. However, a commercial customer may not elect to become a large volume treated water customer more than once in any twelve -month period. 1. Inside city limits: Corpus Christi, Texas, Code of Ordinances Page 5 of 12 August 1, 20112012 to July 31, 20122013 First 2,000 Gallons Minimum* Over 2,000 Gallons ' : + $1.493 *Use the minimum charges in subsection (a)(1). f. Large volume treated water customers. A commercial treated water customer who agrees to pay for a minimum of ten million (10,000,000) gallons of treated water per month is considered a large volume treated water customer. Once a customer has elected to become a large volume treated water customer, the customer will be billed as a large volume treated water customer until the customer notifies the city and requests reclassification as a commercial customer in writing. However, a commercial customer may not elect to become a large volume treated water customer more than once in any twelve -month period. 1. Inside city limits: Corpus Christi, Texas, Code of Ordinances Page 5 of 12 *Use the minimum charges in subsection (a)(1). 2. Outside city limits: August 1, 2011 -2012 to July 31, 20122013 First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons 0 $3.597 *Use the minimum charges in subsection (a)(1). 2. Outside city limits: *Use the minimum charges in subsection (a)(1). . Large volume blended water customers._ A commercial blended water customer who agrees to purchase a minimum of ten million (10,000,000) gallons of blended water per month is considered a large volume blended water customer. 1. Inside city limits: August 1, July 31, 20142012 to 22013 First 10,000,000 Gallons Minimum* $2.11E3 $2.679 Each Additional 1,000 Gallons $1.493 *Use the minimum charges in subsection (a)(1). . Large volume blended water customers._ A commercial blended water customer who agrees to purchase a minimum of ten million (10,000,000) gallons of blended water per month is considered a large volume blended water customer. 1. Inside city limits: *Use the minimum charges in subsection (a)(1). 2. Outside city limits: August 1, 20112012 to July 31, a 22013 First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons $2.11E3 $2.679 *Use the minimum charges in subsection (a)(1). 2. Outside city limits: *Use the minimum charges in subsection (a)(1). 3. Peaking factor. [To be determined.] gh. Temporary water service. 1. Treated water. Corpus Christi, Texas, Code of Ordinances Page 6 of 12 August 1, 20112012 to July 31, 20122013 First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons $0.049 *Use the minimum charges in subsection (a)(1). 3. Peaking factor. [To be determined.] gh. Temporary water service. 1. Treated water. Corpus Christi, Texas, Code of Ordinances Page 6 of 12 A. Inside city limits: *Use the minimum charges in subsection (a)(1). B. Outside city limits: August 1, 2011 -2012 to July 31, 20122013 First 2,000 Gallons Minimum* Over 2,000 Gallons $5.172 *Use the minimum charges in subsection (a)(1). B. Outside city limits: *Use the minimum charges in subsection (a)(1). 2. Untreated water. A. Inside city limits: August 1, 2011 -2012 to July 31, , `22013 First 2,000 Gallons Minimum* Over 2,000 Gallons x %: $2.412 *Use the minimum charges in subsection (a)(1). 2. Untreated water. A. Inside city limits: *Use the minimum charges in subsection (a)(1). B. Outside city limits: August 1, 20112012 to July 31, 20122013 First 2,000 Gallons Minimum* 2 x RWCA Over 2,000 Gallons 2 x RWCA *Use the minimum charges in subsection (a)(1). B. Outside city limits: *Use the minimum charges in subsection (a)(1). Agricultural irrigation water outside city limits. August 1, 20112012 to July 31, 20122013 First 2,000 Gallons Minimum* Over 2,000 Gallons 2 x RWCA *Use the minimum charges in subsection (a)(1). Agricultural irrigation water outside city limits. *Use the minimum charges in subsection (a)(1). Corpus Christi, Texas, Code of Ordinances Page 7 of 12 August 1, 2011 -2012 to July 31, 22013 First 2,000 Gallons Minimum* Over 2,000 Gallons 2 x RWCA *Use the minimum charges in subsection (a)(1). Corpus Christi, Texas, Code of Ordinances Page 7 of 12 Public agency for resale untreated water rates. The rates for the purchase of untreated water purchased by a public agency, which does not have a raw water supply contract with the city executed after January 1, 1997, is the average of the monthly raw water cost adjustments, established under subsection (b) of this section, for the period used to determine the composite cost of untreated water under the city's current contract with the public agency. ik. Temporary large volume industrial untreated water customers obtaining water, which is under contract to the city, from a reservoir under the exclusive control of a river authority. *Use the minimum charges in subsection (a)(1). (b) Raw water cost adjustment (RWCA). In addition to the charges for the base rates for water service, established in subsection (a), a separate charge for the costs of raw water, the RWCA, will be added to each consumer's bill, except public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997. (A public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997, will pay the lower of the composite cost, as defined in its contract with the city or the rate for public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997, specified in subsection (a)(2). of this section.) The RWCA will be based on projected system -wide raw water sales, adjusted for water losses. The RWCA will be calculated on an annual basis using the adopted utility rate model, according to the following procedures: (1) Use projected system -wide water sales based on historical consumption and projected growth, with adjustments for water losses. (2) Include the annual budgeted cost of debt service. Bond payments, amortization of deferred losses on refundings, and other debt service costs shall be applied to the RWCA in the same proportion as the raw water activities proportion of the original bond proceeds. (3) (4) (5) Include budgeted expenditures for purchases of water. Include purchases of water rights, amortized over the duration of the water right agreement. Budgeted expenditures for capital items shall be included as follows: a. The expense of acquiring a capital item that costs not more than five hundred thousand dollars ($500,000.00) shall be charged in the year in which it is acquired. b. The expense of acquiring a capital item that costs more than five hundred thousand dollars ($500,000.00) shall be amortized over the number of years used to calculate depreciation expenses, with the half -year convention used in the year of acquisition. Corpus Christi, Texas, Code of Ordinances Page 8 of 12 xffi'rx August 1, 2012 to July 31, 20122013 First acre foot or fraction thereof Minimum* Over acre foot $1,100.00 per acre foot or fraction thereof *Use the minimum charges in subsection (a)(1). (b) Raw water cost adjustment (RWCA). In addition to the charges for the base rates for water service, established in subsection (a), a separate charge for the costs of raw water, the RWCA, will be added to each consumer's bill, except public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997. (A public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997, will pay the lower of the composite cost, as defined in its contract with the city or the rate for public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997, specified in subsection (a)(2). of this section.) The RWCA will be based on projected system -wide raw water sales, adjusted for water losses. The RWCA will be calculated on an annual basis using the adopted utility rate model, according to the following procedures: (1) Use projected system -wide water sales based on historical consumption and projected growth, with adjustments for water losses. (2) Include the annual budgeted cost of debt service. Bond payments, amortization of deferred losses on refundings, and other debt service costs shall be applied to the RWCA in the same proportion as the raw water activities proportion of the original bond proceeds. (3) (4) (5) Include budgeted expenditures for purchases of water. Include purchases of water rights, amortized over the duration of the water right agreement. Budgeted expenditures for capital items shall be included as follows: a. The expense of acquiring a capital item that costs not more than five hundred thousand dollars ($500,000.00) shall be charged in the year in which it is acquired. b. The expense of acquiring a capital item that costs more than five hundred thousand dollars ($500,000.00) shall be amortized over the number of years used to calculate depreciation expenses, with the half -year convention used in the year of acquisition. Corpus Christi, Texas, Code of Ordinances Page 8 of 12 (6) All operating and maintenance expenditures shall be charged based on annual budgeted amounts. These expenditures include operation and maintenance of dams, reservoirs, pipelines, wells, pumping stations, and related interfund charges. (7) All expenses for consultants, engineering, legal services, and administration shall be charged based on annual budgeted amounts in the proportion to which they apply to raw water issues. (8) Expenses related to the acquisition and transportation of emergency water supplies shall be included in the RWCA for the following fiscal year, unless foreseen and budgeted in advance, in which case they are included in the year budgeted. (9) Miscellaneous revenues related to raw water activity, such as oil and gas lease revenues and rentals, is applied as an offset based on annual budgeted amounts. (10) Apply the credit for levelized Choke Canyon debt payments to city rate payers' RWCA. (The escalating payment schedule on the Choke Canyon debt was levelized through the creation of a reserve fund. In the initial years, payments greater than the debt service were made, with the excess going into the reserve fund. This excess was paid through a rate surcharge on ICL and OCL metered treated water customers. Now that bond payments exceed the levelized payment amount, the reserve fund is drawn on to make up the difference. Since only ICL and OCL metered treated water customers participated in building the reserve fund, the drawing on the reserve fund is only credited to the RWCA assessed against ICL and OCL metered treated water customers.) (11) Include funds necessary to collect 1.35 times coverage on current annual debt service in order to improve the financial position and bond ratings of the city's water fund. (12) Include funds necessary to establish and maintain an operating reserve fund with a target amount of twenty -five (25) per cent (or three (3) months) of annual operating expenses for the fiscal year. (13) Include funds necessary to establish and operate a water capital reserve fund with a target amount of two (2) per cent of the respective annual water capital improvements program for the fiscal year or two million dollars ($2,000,000.00) (whichever is greater). (14) Include funds necessary to establish and maintain a future water resources reserve fund (Water Supply Development Reserve) with an ultimate target balance of thirty million dollars ($30,000,000.00), and an annual contribution of approximately two million dollars ($2,000,000.00) per fiscal year. Revenue from this Water Supply Development Reserve will be deposited into a fund set aside for this ose. (15) The minimum operating or capital reserves amounts are intended to provide for unplanned, unbudgeted expenses and revenue shortfalls, and will not be used for routine expenses. (16) At fiscal year end, determine the amount of over or under collections that have resulted from difference between budgeted and actual expenses and offsetting revenues and the difference between projected and actual volume of water sold. Any funds realized in excess of annual expenses are available for either supplementing minimum operating or capital reserves, for addition to the capital funds for discretionary cash capital funding of the water utility, or to create and maintain a reserve to level out large fluctuations in raw water charges is authorized. Apply any remaining amount as an adjustment to the RWCA. Corpus Christi, Texas, Code of Ordinances Page 9 of 12 (c) Definitions. Costs of raw water is the total of all costs of acquiring, producing, storing, conserving, and transporting untreated water from its source to the City's treatment facility and all other points of diversion. These costs include, but are not limited to, the costs of: Construction, including debt service, operation, and maintenance of dams and reservoirs. Construction, including debt service, operation, and maintenance of raw water supply transmission pipelines. Construction, including debt service, operation, and maintenance of wells. Construction, including debt service, operation, and maintenance of facilities capable of converting wastewater effluent, salt water, and brackish ground water into water suitable for municipal, industrial, or agricultural uses. Acquisition of new water supplies and water rights, including the establishment and funding of a reserve dedicated to offset the costs of acquisition of additional water rights and the implementation of long range water resource development and related capital improvements. Construction, operation, and maintenance of facilities to reduce water losses from water resources due to evaporation or the release of water from a reservoir due to the operation of law. Acquisition and transportation of emergency water supplies, including the costs of transporting water by vessel or pipelines from other regions. Water supply development and protection, including consultants' studies and reports, investigations, legal fees, court costs, and any other costs related to the development or protection of the water supply. Administrative costs, including overhead and the portion of the city's general administrative costs applicable to the activities enumerated in this definition. (Ord. No. 9472, 8 -27 -1969; Ord. No. 11613, 8 -8 -1973; Ord. No. 12208, §§ 1, 2, 8 -7 -1974; Ord. No. 14140, §§ 1 -3, 1 -25 -1978; Ord. No. 16446, §§ 1, 2, 8 -12 -1981; Ord. No. 16593 § 1, 10 -14 -1981; Ord. No. 17166, §§ 1 -3, 7 -28 -1982; Ord. No. 17762, §§ 1, 2, 8 -3 -1983; Ord. No. 18351, §§ 1, 2, 7 -24 -1984; Ord. No. 18587, §§ 1, 2, 12 -4 -1984; Ord. No. 20411, §§ 1, 2, 7 -26 -1988; Ord. No. 21001, § 1, 10 -9 -1990; Ord. No. 21438, §§ 1 -4, 7 -21 -1992; Ord. No. 21814, § 1(a) -(c), 12 -14 -1993; Ord. No. 22741, § 1, 11 -12 -1996; Ord. No. 22832, § 1, 1 -28 -1997; Ord. No. 22879, § 1, 3 -25 -1997; Ord. No. 23706, § 1, 7 -20 -1999; Ord. No. 23910, § 1, 1 -11 -2000; Ord. No. 24132, § 1, 7 -25 -2000; Ord. No. 24531, § 1 a, 7 -24 -2001; Ord. No. 24969, § 1, 7 -23 -2002; Ord. No. 25386, § 1, 7 -22 -2003; Ord. No. 025866, § 1, 7 -27 -2004; Ord. No. 026368, § 1, 7 -26 -2005; Ord. No. 026900, § 1, 7 -25 -2006; Ord. No. 027355, § 1, 7 -24 -2007; Ord. No. 027781, § 1, 7 -22 -2008; Ord. No. 028256, § 1, 7 -28 -2009; Ord. No. 028686, § 1, 7 -20 -2010; Ord. No. 029158, § 1, 7 -26 -2010; Ord. No. 29158 1 07 -26 -2011. Ord. No. 029386, § 1, 2 -28 -2012) SECTION 2. City Code of Ordinances, Chapter 55, Utilities, Article III, Water Rates and Charges, is amended to add a service fee when a customer requests City to temporarily turn off their water to the property, to read as follows: Corpus Christi, Texas, Code of Ordinances Page 10 of 12 "Sec, 5557. Service fee for customer request to turn off services. When a water utility customer requests that the City provide service to turn off water service, which is not related to City maintenance or repairs, the fee is $30 for a residential utility account, and $60 for a commercial utilit account." SECTION3. The water rates and fees established in Section 1 and Section 2 of this ordinance shall take effect and be applied against all service provided on or after the first day of August 2012. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 5. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Corpus Christi, Texas, Code of Ordinances Page 11 of 12 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 Page 12 of 12 Joe Adame Mayor Corpus Christi, Texas, Code of Ordinances AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of July 24, 2012 Consent Agenda Item for the City Council Meeting of July 31, 2012 DATE: 7/16/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director of Parks and Recreation MichaelMo(c�cctexas.com; 361- 826 -3464 Parks and Recreation FY13 new fees CAPTION: Resolution adding new rental fees and recreational fees for fiscal year 2012 -2013; providing for publication; providing for effective date; and providing for severance. PURPOSE: Provide new fees for tournaments or rentals of new or renovated facilities. BACKGROUND AND FINDINGS: With completion of the new fields at Manuel Q. Salinas Park, Southside Sports Complex (Paul Jones) and renovated Greenwood Softball Complex, new fees for tournaments and rental fees need to be established. This will provide the Parks and Recreation department an opportunity to earn additional revenue. ALTERNATIVES: Do not approve resolution. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council must approve all new fees. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Revenue Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 3,000 3,000 Encumbered / Expended Amount This item BALANCE 3,000 3,000 Fund(s): General Fund Comments: Revenue estimate due to new tournament and rental fees is included in FY2013 budget. RECOMMENDATION: Approve the proposed resolution. LIST OF SUPPORTING DOCUMENTS: Resolution Exhibit A — FY13 New Fees — Parks and Recreation Resolution adding new rental fees and recreational fees for fiscal year 2012 -2013; providing for publication; providing for effective date; and providing for severance. Whereas, Section 36 -7 of the Code of Ordinances requires City Council approval by motion or resolution for creation of any new user fees, or increase of existing user fees by more than 25 percent, for parks and recreation department facility use; Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council approves new parks and recreation department recreational use fees as shown in Exhibit A attached, for Fiscal Year 2012 -13. Section 2. This resolution is effective August 1, 2012. Section 3. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. Section 4. The City Council intends that every section, paragraph, subdivision, phrase, word and provision of this resolution shall be given full force and effect for its purpose. If any section, paragraph, subdivision, clause, phrase, word or provision of this resolution is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this resolution. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary 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 EXHIBIT A FY13 NEW FEES - Parks and Recreation Program Area Current Fee Proposed Fee pill PERCENT CHANGE Salinas Multipurpose Complex: Pavilion Rental per four hours $ - $ 120.00 $ - NEW Youth Rental fee per field per hour $ - $ 40.00 $ - NEW Adult Rental fee per field per hour $ - $ 50.00 $ - NEW Football Youth /Adult Tournament Rentals fee (less than 40 teams) - per day per field $ - $ 250.00 $ - NEW Soccer Youth /Adult Tournament Rentals fee (less than 40 teams) - per day per field $ - $ 250.00 $ - NEW Multiple teams rental fee with more than 40 teams - per day per field $ - $ 150.00 $ - NEW Multiple teams /multiple tourney rental fee with more than 40 teams - per day per field $ - $ 100.00 $ - NEW Greenwood Softball Complex: Multiple teams rental fee with more than 40 teams - per day per field $ - $ 150.00 $ - NEW Multiple teams /multiple tourney rental fee with more than 40 teams - per day per field $ - $ 100.00 $ - NEW Tournament Events: (per team) Basketball $ - $ 150.00 $ - NEW Basketball - Multiple teams $ - $ 125.00 $ - NEW Baseball -18 & up $ - $ 375.00 $ - NEW Baseball - 16 & up $ - $ 375.00 $ - NEW Baseball - 14 & up $ - $ 300.00 $ - NEW Baseball - 12 & up $ - $ 250.00 $ - NEW Baseball - 10 & up $ - $ 200.00 $ - NEW AGENDA MEMORANDUM for the City Council Meeting of July 31, 2012 DATE: July 3, 2012 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds(a cctexas.com 361- 886 -2603 Motion rescinding a software interface to Starlims and approving purchase of a software interface from Intergraph Corporation CAPTION: Motion rescinding the approval to purchase an interface for the Laboratory Information Management System (LIMS) and !Leads from STARLIMS Corporation of Hollywood, Florida and awarding the purchase of an interface for the Laboratory Information Management System (LIMS) and !Leads from Intergraph Corporation, Chicago, Illinois for a total expenditure of $73,625. Funds are available through the Coverdell Forensic Science Improvement Grant program and Municipal Information Systems. BACKGROUND AND FINDINGS: On March 27, 2012, via Motion No. M2012 -064, City Council approved an award for the purchase of a software interface with the Police Forensic Services' LIMS to Starlims Corporation. The recommendation in the agenda memorandum inadvertently named the awardee as Starlims Corporation, the manufacturer of the existing system, instead of Intergraph Corporation, which will be the company developing the required interface. The purpose of this agenda item is to correct the name of the awardee from Starlims Corporation to Intergraph Corporation. The Forensic Services Division of the Corpus Christi Police Department purchased the LIMS under the 2010 Coverdell Grant which provides for the collection, manipulation, storage and retrieval of information to determine how efficiently and effectively the laboratory is operating. This purchase will provide for the necessary interface between LIMS and !leads. Future support and maintenance costs will be requested in subsequent budget years. This is an expansion of a system already in use by the Health Department. Utilizing the same system allows for shared functional and technical resource support and reduces the costs associated with purchasing a new system ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city financial policies. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: MIS Legal Grants 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 73,625 13,975 87,600 BALANCE 73,625 13,975 87,600 Fund(s): General, Police Grants Fund Comments: RECOMMENDATION: Approval of the purchase. LIST OF SUPPORTING DOCUMENTS: iNTERG March 5, 2012 A City of Corpus Christi, Texas Mr. Philip Sepaugh Interim IT Program Coordinator 321 John Sartain Street Corpus Christi, TX 78401 Subject: LIMS Interface Dear Mr. Sepaugh: Intergraph Corporation Security, Government & Infrastructure P.O. Box 240000, Huntsville AL 35813 Phone: 256 - 730 -2000 http://publicsafety.intergraph.com Per Corpus Christi, Texas' request (hereafter "City "), Security, Govemment and Infrastructure a Division of Intergraph Corporation (hereafter "Intergraph ") is pleased to provide this Quote and below Statement of Work (SOW) to provide an interface to the Laboratory Information System (LIMS). Statement of Work Description Intergraph will create an import of incident attachments and supplemental information. Supplemental information may include a narrative, property items, vehicles, names, or charges. This interface is for evidence and should primarily be sending the narrative, attachments (forensics reports), property items, and vehicles (when they are evidence). Names and charges should already be associated with the incident from the officer's original report or supplemental report. This import would run on a scheduled basis and monitor a shared directory for .pdf files to be attached to an incident. These files will either be single files named with information identifying the incident they are associated with OR will be an .xml formatted file that contains incident and optional supplemental information along with a tag for the a .pdf file name. In the case of .xml files, a supplement to the identified incident will be created and the referenced pdf file will be attached to the new supplement. The LIMS vendor (STARLIMS) will not update the I /LEADS database directly. If adding attachments directly to the incident (without a supplement) then no data fields in the incident will be updated. If adding a supplement with or without an associated attachment, then only data fields in the supplement will be updated and only those fields that currently exist in the City I /LEAD system. Intergraph will create a web service that can be used by the LIMS vendor to create a property voucher and associated property records in I /LEADS. This web service would accept a NEW request from the LIMS system with xml formatted data that would identify the case and voucher information along with records for each piece of property on the voucher. The xml file must contain at least the I /LEADS minimum required data for creating a voucher and property records but could contain any appropriate data for creating a voucher and the associated property records as they exist in the version of I /LEADS installed at Corpus Christi. The web service will return to the LIMS system the property IDs for the requested pieces of property. Intergraph shall: 1) Provide single point of contact during project 2) Create an import of incident attachments and supplemental information as described above City shall: 1) Provide single point of contact during project 2) Confirm the installation of interface 3) Provide 24/7 VPN access (with login /password) Project Deliverables • Remote configuration and implementation • I /LEADS Web Service Interface — Property Records • I /LEADS Import Interface — Incidents and Supplemental information Assumptions • All services are remote • It is assumed that no additional fields will need to be added to I /LEADS to support this interface (with the possible exception of a LIMS ID for each piece of property). • The LIMS system will send I /LEADS picklist values for any field that uses picklist data entry and that all values sent will conform to I /LEADS data types and sizes Acceptance Criteria The interface shall be considered accepted with either written acceptance by the City, or within ten (10) calendar days following installation, whichever comes first. Schedule Scheduling of Intergraph training /services will occur: (i) upon receipt of this executed document, (ii) receipt of City's purchase order (if applicable), and (iii) City has no past due payments to Intergraph. Intergraph and the City will determine a mutually agreeable schedule for completion of the deliverables as described in this SOW. Price Pricing for this quote is in accordance with Intergraph quotation number CorpusChristi_LIMS Interface_$Q020112Ips1$.pdf which is provided as an attachment. This purchase is for project implementation services and custom interface software. Estimated first year maintenance has been included; actual maintenance will be quoted to City by Intergraph Maintenance Contracts upon shipment based on maintenance renewal date. Intergraph will update the City maintenance contract to reflect the new interfaces upon receipt of this signed document. Payment and Acceptance Terms Payment for this SOW will be due upon completion of the payment milestones set forth below. The terms of payment shall be net thirty (30) days from the date of invoice. An interest charge of two percent (2 %) per month (or the maximum amount allowed by law, whichever is less), prorated on the basis of a thirty (30) day month, will be assessed on delinquent payments. Page 2 of 22 Payment Milestone Upon execution of this SOW. Upon City's written acceptance that the services have been successfully completed.. Intergraph will submit the invoice(s) to: City of Corpus Christi, Texas Mr. Philip Sepaugh Interim IT Program Coordinator 321 John Sartain Street Corpus Christi, TX 78401 Please reference Attachment A -4 for Intergraph Remittance October 1, 2011. Please indicate your acceptance of this quote by your questions or require further information, please scott.pallack @intergraph.com. Payment Percentage i 50% 50% Instructions, which are updated and became effective signature on the following page. If you have any contact Scott Pallack at 954.415.7157 or Page 3 of 22 Approval Signatures By the signatures below, the City accepts the enclosed quote and agrees that the work to be performed is governed by the terms and conditions noted above and in Attachment A -1. Additionally, we agree that signatures by facsimile will be deemed to be an original signature and effective upon receipt by the other party. Authorized Intergraph Signature: i Name: Williams, Director, U.S. Sales Accounting Signatu =fit ;i Date: Authorized City Signature: Signature: City: Please check the appropriate box: A Purchase Order Will Not be issued. City signature above constitutes notice to Intergraph to proceed with this Statement of Work. A Purchase Order Will be issued and shall contain the following statement: This Purchase Order is issued in accordance with the Terms and Conditions contained in Intergraph's Statement of Work. This signed document, together with a Purchase Order, will be sent to the following address. For US Mail Delivery: For Shipping /Delivery including Overnight Services: Intergraph Corporation Attn: Doug Hawkins P.O. Box 240000 Huntsville, AL 35813 Intergraph Corporation Attn: Doug Hawkins 19 Interpro Road Madison, AL 35758 Page 4 of 22 Attachment A -1: Terms & Conditions Ownership in Data/Computer Software All computer software related deliverables (data, programs, or program enhancements) prepared under this SOW shall be the property of Intergraph and shall be licensed to the City pursuant to Intergraph's current End User Software License Agreement. Maintenance For any new purchases of Intergraph software described in this SOW, the City shall be responsible for placing the newly purchased software under maintenance following expiration of the applicable warranty period. If the software is not placed under maintenance, the cost of development and services required to migrate the current functionality to the new version will be added to all future system upgrades. Enhancements to this software are not provided under the maintenance agreement. For any software version upgrades described in this SOW, this upgraded software is provided at no cost to the City under the general terms of the Intergraph maintenance agreement. This maintenance agreement must be in effect and current before any scheduling or related work will occur. Warranty For any new software purchased as a part of this SOW, the following warranty applies. This warranty does not apply to software that is already covered under a paid maintenance agreement. Intergraph software is warranted to substantially conform to the user documentation, free from defects in material and workmanship for a period of thirty (30) days from installation. INTERGRAPH DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ALL WARRANTIES ON PRODUCTS FURNISHED HEREUNDER, EXCEPT THOSE SPECIFICALLY STATED ABOVE, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, AND REPRESENTS THE FULL AND TOTAL OBLIGATION AND /OR LIABILITY OF INTERGRAPH. Disclaimer IN NO EVENT WILL INTERGRAPH BE LIABLE TO THE CITY FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH ANY SERVICES OR DELIVERABLES PROVIDED UNDER THIS SOW, EVEN IF INTERGRAPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INTERGRAPH'S TOTAL LIABILITY FOR ANY AND ALL DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THIS SOW FROM ANY CAUSE SHALL NOT EXCEED TWO TIMES THE VALUE OF THIS SOW. Infringement In the event of any proceeding against the City arising from allegations that the deliverables or services furnished by Intergraph infringes U.S. patent, copyright, trade secret, or other proprietary right of any third party, Intergraph will, if such allegation is not a result from modifications made by the City, defend or settle such proceeding, at Intergraph's expense, provided the City promptly notifies Intergraph in writing and grants Intergraph full authority to defend and settle such proceeding. Intergraph shall make such defense by counsel of its own choosing and the City shall cooperate with said counsel. Page 5 of 22 Force Majeure Neither party shall be deemed to be in default of any provision of this SOW or be liable for any delay, failure in performance, or interruption of service resulting from acts of war, acts of terrorism, acts of God, acts of civil or military authority, civil disturbance, or any other cause beyond its reasonable control. Taxes Prices are exclusive of all federal, state or local sales, use, property, gross receipts, value added or similar taxes based upon amounts payable to Intergraph pursuant to this SOW ( "Taxes "). Such Taxes, however do not include franchise taxes or taxes based on net income. The City agrees to pay Intergraph any applicable Taxes or provide Intergraph documentary evidence of an appropriate statutory exemption. Governing Law This SOW shall for all purposes be construed and enforced under and in accordance with the laws of the State of Texas. Place of Performance The City agrees to provide appropriate work place accommodations, computer equipment, software, and necessary access for Intergraph personnel. Insurance Intergraph will comply with insurance requirements set forth in Attachment A -2. Entire Agreement These terms and conditions, the Intergraph quotation, together with any attachments hereto, constitute the entire agreement between the parties with respect to the subject matter hereof; all prior agreements, representations, statements, negotiations, and undertakings are superseded hereby. Page 6 of 22 NT Attachment A -2: Insurance Requirements INSURANCE REQUIREMENTS INTERGRAPH'S LIABILITY INSURANCE Intergraph 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 Intergraph must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. Intergraph must fumish to the City's Risk Manager two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation is required on all certificates or by policy endorsement(s) COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury Bodily Injury and Property Damage $1,000,000 COMBINED SINGLE LIMIT Per occurrence /aggregate ELECTRONIC PROFESSIONAL LIABILITY including: $1,000,000 COMBINED SINGLE LIMIT per Coverage provided must cover officers, directors claim /aggregate employees and agents 1. ERRORS AND OMMISIONS In the event of accidents of any kind related to this agreement, Intergraph must furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of accident. II. ADDITIONAL REQUIREMENTS A. Contractor's financial integrity is of interest to the City; therefore, subject to Contractors right to maintain reasonable deductibles. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence or claims made 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. B. Contractor agrees that with respect to the above required insurance, all will be endorsed to contain the following required provisions: 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 professional liability policy; Page 7 of 22 • Provide notice directly to City of any suspension, cancellation, non - renewal or material change in coverage. Within thirty (30) calendar days of a suspension, cancellation, or non - renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor'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. In addition to any other remedies the City may have upon Contractor'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 Contractor to stop work hereunder, and /or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. It is agreed that Contractor'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. Page 8 of 22 • A • Attachment A-3: Project Deliverable Sign Off Form PROJECT DELIVERABLE SIGN OFF FORM CUSTOMER NAME, ANYWHERE USA — PROJECT NAME Submission Date: Month/Day/Year j Sign-Off Target Date: ...„ Submitted By: Intergraph Contact Name I Submitted To Customer Contract #: Customer Contract Number : Customer/Project #: TYPE OF DELIVERABLE p SOW Tasks fl Payments DELIVERABLE DESCRIPTION THIS SECTION DESCRIBES THE DELIVERABLE Month/Day/year Customer Contact Name Intergraph Project Number n Plans/Designs E] Training DELIVERABLE INFORMATION SAMOUNT OF PYMT (If applicable} 0 With the deliverable described above complete, the Customer shall have five (5) working days to either sign-off that the deliverable has been met or state in writing to Intergraph the reason the deliverable has not been met_ Sign-off of the delivera ble shall be based solely upon the deliverable meeting the requirements stated in the Agreement between Intergraph and CUSTOMER NAME dated Month/Day/Year and shall be indicated by the Customer signing the Project Deliverable Sign-off Form, If the Customer does not provide such sign•off or rejection within the five day working period then the deliverable will be deemed to have been signed off. The signature below acknowledges that the deliverable described in the Agreement and listed above meets all of the appropriate criteria and supersedes all prior requirements for this item. Customer acknowledges completion of this payment milestone according to the Contract Payment Milestone Schedule and provides authorization to invoice this milestone. SIGNATURE Authorized Customer Representative Customer Contact Name Page 9 of 22 DATE Attachment A -4: Intergraph Corporation SGI Division Remittance Instructions Effective October 1, 2011 International U.S. Dollars Wire Transfer from Banks Outside of the United States: Pay To: SWIFT Code: ESSEUS33 Bank: SEB (Skandinaviska Enskilda Banken), New York, NY, USA Account Name: Intergraph Corporation SGI Division Account Number: 00007583 Intermediary Bank Information: SWIFT Code: IRVTUS3N Bank Name: Bank of New York Mellon, New York, NY Domestic Wire Transfer from U.S. Banks: ABA Number: 021000018 Bank Name: Bank of New York Mellon, New York, NY Favor Of: Bank: SEB (Skandinaviska Enskilda Banken), Account Number 890 043 9688 For further credit to: Intergraph Corporation SGI Division, Account Number 00007583 EFT Receipts via Automated Clearing House (ACH): Account Number: 1030429611 Company Name: Intergraph Corporation SGI Routing Number: 043000096 Beneficiary Bank name: PNC Bank N.A. Address: Pittsburgh, PA 15222 Phone #1 - 877 - 824 -5001, Opt 1 and Opt 3 Contact: Lockbox Group, Product Client Services Checks: Send your prepay check or remit payment upon receipt of invoice by regular US Mail to: Intergraph Corporation SGI Division 7104 Solution Center Chicago, IL 60677 -7001 If you have questions regarding the accompanying invoice or new remittance instructions, please call Cathy Simpson at 1- 256- 730 -8403 or Kim Johnson at 256- 730 -2130. INTERGRAPH CONTACT FOR ALL PAYMENT NOTICES: Cathy.Simpson @intergraph.com Security, Govemment, & Infrastructure 19 Interpro Road Madison, AL 35758 -0015 Phone: 256.730.2000 www.intergraph.com TIN: 63-0573222 Correspondence Only: PO Box 240000 Huntsville, AL 35813 Page 10 of 22 iNTERG Attachment A -5: End User License Agreement IMPORTANT —READ CAREFULLY: This End -User License Agreement for Intergraph Corporation ( "EULA ") is a legal agreement by and between "you" (either an individual or a single legal entity) and Intergraph Corporation d /b /a the Security, Government and Infrastructure division of Intergraph ( "Intergraph ") for the Intergraph software product(s) ( "SOFTWARE PRODUCT ") delivered with this EULA, which includes the computer software, object code copy, and all of the contents of the files, disk(s), CD- ROM(s) or other media with which this EULA is provided, including any templates, printed materials, and online or electronic documentation, all copies, and any modified versions, fixes, patches and Updates of the SOFTWARE PRODUCT, if any, licensed to you by Intergraph. Any software, including, without limitation, any modified versions, fixes, patches and /or Updates provided along with the SOFTWARE PRODUCT that is associated with a separate end -user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA, which shall take precedence over any other document and shall govern your use of the SOFTWARE PRODUCT, unless you have a signed license agreement with Intergraph that specifically addresses the licensing of the SOFTWARE PRODUCT, in which case the signed license agreement shall take precedence and shall govem your use of the SOFTWARE PRODUCT. You agree that this EULA is enforceable against you the same as any written, negotiated contract signed by you. If you do not agree to the terms of this EULA, you are not authorized to, and you shall not, download, install or use the SOFTWARE PRODUCT. 1. DEFINITIONS. As used in this EULA, the following terms are defined as follows and other capitalized terms set forth in this EULA shall have the meaning ascribed to them in this EULA: 1.1 "Primary License" means the license(s) of the SOFTWARE PRODUCT provided to you for general production use as authorized by this EULA. 1.2 "READ -ME file" means a computer text file that contains information a User may need to install or operate a SOFTWARE PRODUCT program. 1.3 "Supplementary License" means a license(s) of the SOFTWARE PRODUCT which is made available by Intergraph for select SOFTWARE PRODUCTS to augment Primary Licenses for special purposes. Each Supplementary License requires a Primary License and the term of the Supplementary License shall not exceed the term of the applicable Primary License. 1.4 "System" means any collection of your computers sharing a single licensing server or a set of redundant licensing services. 1.5 "Update" means any Upgrade, modified version, fix, patch and/or update of the SOFTWARE PRODUCT. 1.6 "Upgrade" means each new release of the SOFTWARE PRODUCT. Upgrades require a full installation and may be provided with a separate EULA. The EULA delivered with the Upgrade will supersede any EULA associated with prior releases of the SOFTWARE PRODUCT. 1.7 "User" means you or any individual authorized by you to use the SOFTWARE PRODUCT pursuant to the terms and conditions of this EULA. A User may also include your contractor who requires temporary use of the SOFTWARE PRODUCT to provide services on your behalf. 1.8 "XML Files" means the XML (Extensible Markup Language) files generated by the SOFTWARE PRODUCT, where applicable. 1.9 "XSL Stylesheets" means the XSL (Extensible Stylesheet Language) presentation of a class of XML Files which, when included with the SOFTWARE PRODUCT, describe how an instance of the class is transformed into an XML (Extensible Markup Language) document that uses the formatting vocabulary. 2. LICENSE GRANT. Provided you are not in breach of any term or condition of this EULA, Intergraph hereby grants you a limited, non - exclusive license to install and use the SOFTWARE PRODUCT, in object code form only, strictly for your internal use and strictly in accordance with this EULA. The license is non - transferable, except as specifically set forth in this EULA. You assume full responsibility for the selection of the SOFTWARE Page 11 of 22 PRODUCT to achieve your intended results, and for the installation, use and results obtained from the SOFTWARE PRODUCT. 2.1 Minimum Requirements. The SOFTWARE PRODUCT may require your System to comply with specific minimum software, hardware and /or Internet connection requirements. The specific minimum software, hardware and /or Internet connection requirements vary by SOFTWARE PRODUCT and per type of license and are available from Intergraph upon request. 2.2 License Type and Mode. SOFTWARE PRODUCTS are licensed as either Primary Licenses or Supplementary Licenses. There are six (6) types of Supplementary Licenses as described below. Depending on your license, a license may be used in either Concurrent -Use mode or Node - Locked mode. The license type and mode for the SOFTWARE PRODUCT you subscribed to or obtained will be designated (per the abbreviations set forth below) in the product description set forth on the proposal, quote or packaging provided with the SOFTWARE PRODUCT, and, if an electronic license manager tool is incorporated in the SOFTWARE PRODUCT, verified by the Intergraph license system. If not otherwise indicated, your license type and mode will be a Node - Locked Primary License. Each license of the SOFTWARE PRODUCT is subject to the terms of this EULA. 2.2.1 Concurrent -Use mode (CC) allows for the checking in and checking out of the total available licenses of the SOFTWARE PRODUCT for Users. At any point, you may run as many copies of the SOFTWARE PRODUCT as you have licenses. If the SOFTWARE PRODUCT is enabled to be run in a disconnected mode, as set forth in the READ -ME file, a User may check out a license from the System for mobile or home use, thus reducing the total number of licenses available in the license pool until the license is checked back in to the System. If the SOFTWARE PRODUCT is not enabled to be run in a disconnected mode, the mobile or home computer will require a Node - Locked License. If the anticipated number of Users of the SOFTWARE PRODUCT will exceed the number of applicable licenses, and in the absence of a license manager tool incorporated in the SOFTWARE PRODUCT, you must use a reasonable mechanism or process to assure that the number of persons using the SOFTWARE PRODUCT concurrently does not exceed the number of licenses. 2.2.2 Node - Locked mode (NL) allows a single copy of the SOFTWARE PRODUCT to be stored on hard disk and loaded for execution on a single designated workstation, or, for software designed for use on a handheld device, for execution on a single designated handheld device. 2.2.3 Supplementary Licenses are described below: (a) Backup License (BCK) is licensed solely for "cold standby" when manual switchover of the SOFTWARE PRODUCT to the Supplementary License is required in the event of failure of the Primary License. (b) Developer's License (DEV) is a license of a Web -based SOFTWARE PRODUCT that is delivered solely in connection with the Primary License of such SOFTWARE PRODUCT for the purposes of developing and testing your website built only with the SOFTWARE PRODUCT. Developer's Licenses shall not be used for production purposes (i.e. a fully deployed website). (c) Load Balancing License (LOB) is a license of a Web -based SOFTWARE PRODUCT solely for use as a second or successive license on a web cluster to balance the load with the Primary License. (d) Redundant License (RDT) is licensed solely for "hot standby" when automatic switchover of the SOFTWARE PRODUCT to the Supplementary License is required in the event of failure of the Primary License. (e) Test License (TST) is licensed solely for testing purposes. However, Intergraph also allows a Test License to be used to conduct no -cost training on test servers for a maximum of thirty (30) days per year. Page 12 of 22 iNTERG (f) Training License (TRN) is licensed solely for training purposes. 2.3 Updates. If the SOFTWARE PRODUCT is an Update to a previous version of the SOFTWARE PRODUCT, you must possess a valid license to such previous version in order to use the Update. The SOFTWARE PRODUCT and any previous version may not be used by or transferred to a third party. All Updates are provided to you on a license exchange basis and are subject to all of the terms and conditions of the EULA provided with the latest version of the SOFTWARE PRODUCT. By using an Update, you (i) agree to voluntarily terminate your right to use any previous version of the SOFTWARE PRODUCT, except to the extent that the previous version is required to transition to the Update; and (ii) acknowledge and agree that any obligation that Intergraph may have to support the previous version(s) of the SOFTWARE PRODUCT will end upon availability of the Update. If an Update is provided, you will take prompt action to install such Update as directed by Intergraph. If you fail to do so, you acknowledge that the SOFTWARE PRODUCT may not work correctly or that you will not be able to take advantage of all of the SOFTWARE PRODUCT's available features. In such event, Intergraph will not be liable for additional costs you incur as a result of your failure to install such Update. 3. RIGHTS AND LIMITATIONS. Please see specific exceptions and additional terms related to GeoMedia Viewer Software, Beta Software, Evaluation Software, and Educational Software set forth at the end of this EULA. 3.1 THE FOLLOWING ARE PERMITTED FOR YOUR LICENSE: 3.1.1 You may make one copy of the SOFTWARE PRODUCT media in machine readable or printed form and solely for backup purposes. Intergraph retains ownership of all User created copies. You may not transfer the rights to a backup copy unless you transfer all rights in the SOFTWARE PRODUCT and license as provided for in Section 3.1.2. 3.1.2 You may transfer the SOFTWARE PRODUCT and license within your company (intra- company transfer), subject to the Intergraph Security, Govemment & Infrastructure Software Transfer Policy ( "SG &I Software Transfer Policy ") and the terms of this EULA. The SG &I Software Transfer Policy is available from Intergraph upon request. If you transfer the SOFTWARE PRODUCT, you must at the same time either transfer all copies, modifications, or merged portions, in whatever form, to the same party, or you must destroy those not transferred. 3.1.3 For a SOFTWARE PRODUCT intended for use on Web -based systems: (a) You may run multiple Web applications with a single license. (b) You may distribute client side web page plug -ins (e.g. ActiveX controls, Java applets) to Users. (c) You may load this SOFTWARE PRODUCT on multiple machines within a hardware cluster that is acting as a single web server, provided you have obtained the applicable number of Load Balancing Licenses from Intergraph and the total number of map servers deployed do not exceed the quantity licensed. (d) You may only use the Developer's License for development and testing of your website. 3.1.4 Unless otherwise stated in the READ -ME file, you may only copy and distribute the Java script source files to support the SOFTWARE PRODUCT's output vector map type and your associated websites, and you may prepare derivative works solely for your internal use. 3.1.5 Unless otherwise stated in the READ -ME file, for SOFTWARE PRODUCTS which contain XSL Stylesheets for presenting XML Files, you may only use the XSL Stylesheets and derivative works thereof for the purpose of presenting XML Files and derivative works thereof (collectively, "XML Products ") for your enterprise. You may not distribute the XSL Stylesheets or XML Products on a stand -alone basis. XSL Stylesheets may not be used in the production of libelous, defamatory, fraudulent, lewd, obscene or pornographic material, or any material that infringes upon any third party intellectual property rights, or otherwise in any illegal manner. All XSL Stylesheets supplied with the SOFTWARE PRODUCT are and will remain the property of Intergraph. Page 13 of 22 Unless otherwise stated in the READ -ME file, for SOFTWARE PRODUCTS that are delivered with a public Application Programming Interface ( "API ") and/or configuration set -up, you may use the API and /or configuration set -up to customize and /or configure the SOFTWARE PRODUCT, but only to the extent permitted by the API and /or configuration set -up. You hereby agree to assign to Intergraph (without the need for any additional approval or documentation) any and all rights (if any) you have or obtain in any such customization and /or configuration. Intergraph does not make any representations or warranties with respect to such customization and /or configuration and to the maximum extent permitted by applicable law, Intergraph and its suppliers disclaim all warranties, either express or implied, relating to such customization and /or configuration, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, high risk use and non - infringement. Your use of such customization and /or configuration is solely at your own risk, and you hereby agree to indemnify and hold harmless Intergraph and its suppliers with respect to such customization and /or configuration. You shall not sell, rent, license, lease, lend or otherwise transfer any such customization and /or configuration, except pursuant to an intra- company transfer and per the terms and conditions of this EULA. 3.1.6 You are responsible, and bear the sole risk, for backing up all systems, software, applications, and data, as well as properly using the SOFTWARE PRODUCT. 3.1.7 At all times, you must keep, reproduce and include all copyright, patent, trademark and attribution notices on any copy, modification or portion of the SOFTWARE PRODUCT, including, without limitation, when installed, used, checked out, checked in and /or merged into another program. 3.2 THE FOLLOWING ARE PROHIBITED FOR YOUR LICENSE: 3.2.1 You may not sell, rent, license, lease, Tend or otherwise transfer the SOFTWARE PRODUCT, or any copy, modification, or merged portion thereof, to another company or entity (i.e. inter- company transfer) or person. Any such unauthorized transfer will result in automatic and immediate termination of the license. 3.2.2. You may not, and you may not authorize anyone else to, decompile, disassemble, or otherwise reverse engineer the SOFTWARE PRODUCT. 3.2.3. You may not, and you may not authorize anyone else to, work around any technical limitations in the SOFTWARE PRODUCT. 3.2.4 You may not, and you may not authorize anyone else to, publish the SOFTWARE PRODUCT for others to copy or use. 3.2.5 You may not, and you may not authorize anyone else to, use, copy, modify, license or transfer the SOFTWARE PRODUCT, or any copy, modification, or merged portion, in whole or in part, except as expressly provided for in this EULA. 3.2.6 You may not, and you may not authorize anyone else to, re -use the component parts of the SOFTWARE PRODUCT with a different software product from the one you are licensed to use or on different computers. The SOFTWARE PRODUCT is licensed as a single product. 3.2.7 You may not, and you may not authorize anyone else to, circumvent any license mechanism in the SOFTWARE PRODUCT or the licensing policy. 3.2.8 You may not, and you may not authorize or allow anyone else to, use or view the SOFTWARE PRODUCT for any purposes competitive with those of Intergraph. 3.2.9 You may not, and you may not authorize anyone else to, use the SOFTWARE PRODUCT except as expressly set forth in this EULA. 3.2.10 For desktop software that is Node- Locked: (a) You may not run the SOFTWARE PRODUCT for Web applications. (b) You may not allow the SOFTWARE PRODUCT to be used by multiple Users on a single workstation at the same time. Page 14 of 22 iNTERG 3.2.11 You may not, and you may not authorize or allow anyone else to, use the Developer's License for production purposes (i.e., a fully - deployed website). 3.2.12 You may not, and you may not authorize or allow anyone else to, publish to a third party any results of benchmark tests run on the SOFTWARE PRODUCT. The sample and demo data set(s) and related script(s) delivered with some SOFTWARE PRODUCTS (the "Sample Data ") are provided solely for the purpose of inbtructing the User on how to use the SOFTWARE PRODUCT with which the Sample Data are delivered. The Sample Data are licensed in conjunction with the SOFTWARE PRODUCT and are not to be redistributed, licensed, sold, transferred, used or otherwise dealt with in a production solution without Intergraph's prior written consent. 3.2.13 You may not, and you may not authorize anyone else to, use the SOFTWARE PRODUCT outside the country in which it is licensed without the prior written consent of Intergraph. 3.2.14 The SOFTWARE PRODUCT is not one hundred percent (100 %) fault - tolerant. The SOFTWARE PRODUCT is not designed or intended for use in any situation where failure or fault of any kind of the SOFTWARE PRODUCT could lead to death or serious bodily injury of any person, or to severe physical, property or environmental damage ( "High Risk Use "). You are not licensed to use the SOFTWARE PRODUCT in, or in conjunction with, any High Risk Use. High Risk Use is STRICTLY PROHIBITED. High Risk Use includes, for example, the following: operation of aircraft or other modes of human mass transportation, nuclear or chemical facilities, and Class III medical devices. You hereby agree not to use the SOFTWARE PRODUCT in, or in connection with, any High Risk Use. 3.3 Indemnification by You. You agree to hold harmless and indemnify Intergraph for any causes of action, claims, costs, expenses and /or damages resulting to Intergraph from a breach by you or any User of any of the limitations or prohibited actions set forth in this EULA. 4. TERM. This EULA is effective until terminated or until your software subscription expires without being renewed. You may terminate this EULA at any time by permanently destroying the SOFTWARE PRODUCT together with all copies, modifications and merged portions in any form. Intergraph may also immediately terminate this EULA if you fail to comply with the terms and conditions of this EULA, or if you fail to pay the appropriate license or subscription fee(s). You agree upon the earlier of the termination of this EULA or expiration of your software subscription to cease using and to permanently destroy the SOFTWARE PRODUCT (and any copies, modifications and merged portions of the SOFTWARE PRODUCT in any form, and all of the component parts of the SOFTWARE PRODUCT). 5. AUDIT. Intergraph shall have the right, during your normal business hours, to audit your use of the SOFTWARE PRODUCT and your compliance with the provisions of this EULA. Intergraph will provide you with thirty (30) days prior written notice of an audit. The right of audit shall be limited to twice per calendar year. Prior to the start of an audit, Intergraph's personnel will sign a reasonable non - disclosure agreement provided by you. During the audit, you shall allow Intergraph's personnel to be provided reasonable access to both your records and personnel. The cost of the audit shall be paid by Intergraph unless the results of the audit indicate that you have underpaid fees to Intergraph, in which case, you agree to promptly pay Intergraph such fees at the price previously agreed to for the SOFTWARE PRODUCT license or software subscription plus interest on such underpayments from the original due date at the lesser of two percent (2 %) per month or the highest rate allowed by applicable law, and you further agree to bear all costs associated with the audit. 6. INTELLECTUAL PROPERTY 6.1 Ownership 6.1.1 Software. ALL SOFTWARE PRODUCTS ARE PROPRIETARY PRODUCTS OF INTERGRAPH AND ADDITIONAL THIRD PARTIES, AND ARE PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL TREATIES. TITLE TO SOFTWARE PRODUCTS AND ALL COPIES, MODIFICATIONS AND MERGED PORTIONS OF A SOFTWARE PRODUCT SHALL AT ALL TIMES REMAIN WITH INTERGRAPH AND SUCH THIRD PARTIES. SOFTWARE PRODUCTS are licensed, not sold pursuant to this EULA. Intergraph and additional third parties retain all Page 15 of 22 right, title and interest in and to all SOFTWARE PRODUCTS, including, but not limited to, all Intellectual Property rights in and to each SOFTWARE PRODUCT. All rights not expressly granted to you by this EULA or other applicable third party software license agreement or terms and conditions are reserved by Intergraph and such third parties. 6.1.2 Intellectual Property. You acknowledge and agree that Intergraph and third party manufacturers, as applicable, own all rights in and to Intergraph's and the applicable third party manufacturer's trade names, and no right or license is granted to you pursuant to this EULA to use such trade names. You also acknowledge and agree that Intergraph and third party manufacturers, as applicable, own all right, title and interest in and to all intellectual property relating to and for the SOFTWARE PRODUCT, including, without limitation, patents, trademarks, copyrights, inventions (whether registerable or not), trade secrets, concepts, ideas, methods, techniques, formulae, algorithms, logic designs, screen displays, schematics, and source and object code computer programs (collectively, "Intellectual Property "). If you bring a patent claim against Intergraph or any third party manufacturer over patents you claim are being infringed by the SOFTWARE PRODUCT, your patent license from Intergraph and any applicable third party manufacturer(s) for the SOFTWARE PRODUCT automatically ends. 6.2 Intellectual Property Infringement. 6.2.1 Remedy by Intergraph. In the event the SOFTWARE PRODUCT is, in Intergraph's opinion, likely to or becomes the subject of a claim of infringement of any duly issued U.S. Intellectual Property or other proprietary rights of a third party, Intergraph may, at its sole option and expense (a) procure for you the right to continue using the SOFTWARE PRODUCT; (b) modify the SOFTWARE PRODUCT to make it non - infringing, but functionally the same; (c) replace the SOFTWARE PRODUCT with a SOFTWARE PRODUCT which is non - infringing, but functionally the same; or (d) provide a prorated refund to you of the actual amount you paid Intergraph for the SOFTWARE PRODUCT. 6.2.2 Indemnification by You. In the event any proceeding (suit, claim, or action) is based (in whole or in part) on modifications, enhancements or additions made by you or any person or entity on your behalf, or your use of the SOFTWARE PRODUCT in combination with other products not furnished by Intergraph, you agree to hold harmless and defend, at your sole cost and expense, all of Intergraph's right, title and interest in and to the SOFTWARE PRODUCT, as well as Intergraph's goodwill and reputation both in good faith and at a standard as if the claim is made against you. You shall reimburse Intergraph any defense expenses inclusive of reasonable attorneys' fees expended by Intergraph in defense of said claim, and pay any judgment rendered against Intergraph. You shall make such defense by counsel of your choosing and Intergraph shall reasonably cooperate with said counsel at your sole cost and expense. You shall have sole control of said defense, but you shall allow Intergraph to reasonably participate in its own defense and you shall reasonably cooperate with Intergraph with respect to the settlement of any claim. Notwithstanding the foregoing, Intergraph may at any time decide to take over any defense of Intergraph at Intergraph's cost and expense and you shall render full cooperation and assistance to transfer such defense to Intergraph and with respect to such defense. 6.3 DISCLAIMER OF INTELLECTUAL PROPERTY WARRANTIES AND LIMITATION OF LIABILITY. THE INTELLECTUAL PROPERTY LIMITED WARRANTIES SET FORTH IN THIS EULA ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATED TO INTELLECTUAL PROPERTY INFRINGEMENT AND THESE INTELLECTUAL PROPERTY LIMITED WARRANTIES ALONG WITH THE STATED REMEDIES REPRESENT THE FULL AND TOTAL WARRANTY OBLIGATION AND LIABILITY OF INTERGRAPH WITH REGARD TO INTELLECTUAL PROPERTY INFRINGEMENT. THE INTELLECTUAL PROPERTY LIMITED WARRANTIES PROVIDE YOU WITH SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. IF ANY PART OF THIS DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES OR LIMITATION OF LIABILITY IS RULED INVALID, THEN INTERGRAPH DISCLAIMS EXPRESS OR IMPLIED Page 16 of 22 INTERG WARRANTIES AND LIMITS ITS LIABILITY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. IF A GREATER WARRANTY OR LIABILITY IS MANDATED PURSUANT TO THE LAW HELD APPLICABLE TO THIS AGREEMENT, THEN INTERGRAPH WARRANTS THE SOFTWARE PRODUCT AND PROVIDES LIABILITY TO THE MINIMUM EXTENT REQUIRED BY SAID LAW. 7. LIMITED WARRANTIES. 7.1 Intergraph warrants to you for a period of thirty (30) days from the date of shipment that the SOFTWARE PRODUCT delivery media will be free of defects in material and workmanship, provided the SOFTWARE PRODUCT is used under normal conditions and in strict accordance with the terms and conditions of this EULA. You agree to promptly notify Intergraph of any unauthorized use, repair or modification, or misuse of the SOFTWARE PRODUCT, as well as any suspected defect in the SOFTWARE PRODUCT delivery media. 7.2 Intergraph warrants that it has the right to grant you this license. 7.3 THE ABOVE LIMITED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND REPRESENT THE FULL WARRANTY OBLIGATION OF INTERGRAPH. THE LIMITED WARRANTIES PROVIDE YOU WITH SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. IF THIS WARRANTY SECTION DOES NOT ADHERE TO LOCAL LAWS, THEN THE MINIMUM WARRANTY TERM PRESCRIBED BY THE LAWS OF YOUR JURISDICTION SHALL APPLY. 8. WARRANTY DISCLAIMERS. ALL WARRANTIES PROVIDED PURSUANT TO THIS EULA ARE VOID IF FAILURE OF A WARRANTED ITEM RESULTS DIRECTLY, OR INDIRECTLY, FROM AN UNAUTHORIZED USE OR MISUSE OF A WARRANTED ITEM, INCLUDING, WITHOUT LIMITATION, USE OF A WARRANTED ITEM UNDER ABNORMAL OPERATING CONDITIONS OR UNAUTHORIZED MODIFICATION OR REPAIR OF A WARRANTED ITEM OR FAILURE TO ROUTINELY MAINTAIN A WARRANTED ITEM. EXCEPT AS SPECIFICALLY SET FORTH IN THIS EULA, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERGRAPH AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, RELATING TO THE SOFTWARE PRODUCT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, HIGH RISK USE AND NON - INFRINGEMENT. INTERGRAPH DOES NOT WARRANT THAT ANY SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, AND UNDER NO CIRCUMSTANCES DOES INTERGRAPH WARRANT THAT ANY SOFTWARE PRODUCT WILL OPERATE UNINTERRUPTED OR ERROR FREE. THE SOFTWARE PRODUCT IS PROVIDED "AS IS" AND YOU BEAR THE SOLE RISK OF USING THE SOFTWARE PRODUCT. IF ANY PART OF THIS DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES IS RULED INVALID, THEN INTERGRAPH DISCLAIMS EXPRESS OR IMPLIED WARRANTIES TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. IF A GREATER WARRANTY OR LIABILITY IS MANDATED PURSUANT TO THE LAW HELD APPLICABLE TO THIS AGREEMENT, THEN INTERGRAPH WARRANTS THE SOFTWARE PRODUCT AND PROVIDES LIABILITY TO THE MINIMUM EXTENT REQUIRED BY SAID LAW. 9. LIMITATION OF LIABILITY. YOU ASSUME FULL AND COMPLETE LIABILITY FOR YOUR USE OF THE SOFTWARE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INTERGRAPH OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE OR PRODUCTION, LOSS OF REVENUE OR PROFIT, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, CLAIMS OF THIRD PARTIES OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT AND /OR THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF INTERGRAPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL INTERGRAPH BE LIABLE FOR ANY CLAIM, DAMAGES, OR OTHER LIABILITY ARISING OUT OF, OR IN CONNECTION WITH, THE DOWNLOADING, VIEWING, USE, DUPLICATION, DISTRIBUTION OR DISCLOSURE OF ANY SAMPLE DATA PROVIDED BY INTERGRAPH, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM, LIABILITY OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOSS OR CORRUPTION OF DATA ARISING FROM, OUT OF OR IN CONNECTION WITH, THE SAMPLE DATA OR THE USE OR OTHER DEALINGS Page 17 of 22 WITH THE SAMPLE DATA. INTERGRAPH'S ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO INTERGRAPH FOR THE SOFTWARE PRODUCT OR SOFTWARE SUBSCRIPTION AT ISSUE AT THE TIME THE INITIAL EVENT GIVING RISE TO THE CLAIM OCCURS. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, NO CLAIM, REGARDLESS OF FORM, ARISING OUT OF OR RELATING TO THIS EULA MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE INITIAL EVENT GIVING RISE TO THE CAUSE OF ACTION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF ANY PART OF THIS SECTION IS HELD INVALID, THEN INTERGRAPH LIMITS ITS LIABILITY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. 9.1 In the event the SOFTWARE PRODUCT does not substantially comply with the limited warranties set forth in this EULA, Intergraph's entire liability and your exclusive remedy shall be, in Intergraph's sole and absolute discretion, either (i) the modification, repair or replacement of the SOFTWARE PRODUCT; or (ii) a prorated refund to you of the actual amount you paid Intergraph for the SOFTWARE PRODUCT for the period of time that the SOFTWARE PRODUCT did not substantially conform to the limited warranties set forth in this EULA. 9.2 Intergraph is acting on behalf of its suppliers for the sole purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this EULA, but in no other respects and for no other purpose. 10. RESTRICTIONS. 10.1 United States Government Restricted Rights. If the SOFTWARE PRODUCT (including any Updates, documentation or technical data related to such SOFTWARE PRODUCT) is licensed, purchased, subscribed to or obtained, directly or indirectly, by or on behalf of a unit or agency of the United States Govemment, then this Section 10.1 also applies. 10.1.1 For civilian agencies: The SOFTWARE PRODUCT was developed at private expense and is "restricted computer software" submitted with restricted rights in accordance with the Federal Acquisition Regulations ( "FAR ") 52.227 -19 (a) through (d) (Commercial Computer Software — Restricted Rights). 10.1.2 For units of the Department of Defense: The SOFTWARE PRODUCT was developed at private expense and is "commercial computer software" submitted with restricted rights in accordance with the Defense Federal Acquisition Regulations ( "DFARS ") DFARS 227.7202 -3 (Rights in commercial computer software or commercial computer software documentation). 10.1.3 Notice: This SOFTWARE PRODUCT is "commercial computer software" as defined in DFARS 252.227 -7014 (Rights in Noncommercial Computer Software) and FAR 12.212 (Computer Software), which includes "technical data" as defined in DFARS 252.227 -7015 (Technical Data) and FAR 12.211 (Technical Data). All use, modification, reproduction, release, performance, display or disclosure of this "commercial computer software" shall be in strict accordance with the manufacturer's standard commercial license, which is attached to and incorporated into the governing Government contract. Intergraph and any applicable third party software manufacturer(s) are the manufacturer. This SOFTWARE PRODUCT is unpublished and all rights are reserved under the Copyright Laws of the United States. 10.2 Export Restrictions. This SOFTWARE PRODUCT, including any technical data related to this SOFTWARE PRODUCT, is subject to the export control laws and regulations of the United States. Diversion contrary to United States law is prohibited. This SOFTWARE PRODUCT, including any technical data related to this SOFTWARE PRODUCT and any derivatives of this SOFTWARE PRODUCT, shall not be exported or re- exported, directly or indirectly (including via remote access), under the following circumstances: 10.2.1 To Cuba, Iran, North Korea, Sudan, or Syria, or any national of these countries. 10.2.2 To any person or entity listed on any United States government denial list, including, but not limited to, the United States Department of Commerce Denied Persons, Entities, and Unverified Page 18 of 22 Lists (www.bs,doc : ov/ comlianceandenf orcemenliststoeck,htm), the United States Department of Treasury Specially Designated Nationals List ( .treas,gov /offices /enforcernent/gfac /), and the United States Department of State Debarred List (http, // .pmddtc. state .qov /complianceidebar.html). 10.2.3 To any entity if you know, or have reason to know, the end use is related to the design, development, production, or use of missiles, chemical, biological, or nuclear weapons, or other unsafeguarded or sensitive nuclear uses. 10.2.4 To any entity if you know, or have reason to know, that an illegal reshipment will take place. 11. If the SOFTWARE PRODUCT you received is identified on the media as being ITAR- controlled, this SOFTWARE PRODUCT has been determined to be a defense article subject to the U.S. International Traffic in Arms Regulations (ITAR). Export of this SOFTWARE PRODUCT from the United States must be covered by a license issued by the Directorate of Defense Trade Controls (DDTC) of the U.S. Department of State or by an ITAR license exemption. This SOFTWARE PRODUCT may not be resold, diverted, or transferred to any country or any end user, or used in any country or by any end user other than as authorized by the existing license or ITAR exemption. Subject to the terms of this EULA, this SOFTWARE PRODUCT may be used in other countries or by other end users if prior written approval of DDTC is obtained. 12. You agree to hold harmless and indemnify Intergraph for any causes of actions, claims, costs, expenses and /or damages resulting to Intergraph from a breach by you or any User of the export restrictions set forth in this EULA. Any questions regarding export or re- export of the SOFTWARE PRODUCT or concerning ITAR restrictions, if applicable, should be addressed to Intergraph's Export Compliance Department at 170 Graphics Drive, Madison, Alabama, United States 35758 or at exportcompliancet" .intrraph.corn. You agree to hold harmless and indemnify Intergraph for any causes of actions, claims, costs, expenses and /or damages resulting to Intergraph from a breach by you or any User of the export restrictions set forth in this EULA. Any questions regarding export or re -export of the SOFTWARE PRODUCT or concerning ITAR restrictions, if applicable, should be addressed to Intergraph's Export Compliance Department at 170 Graphics Drive, Madison, Alabama, United States 35758 or at exportcompliance +intergraph,com. 12.1 Territorial Use Restriction. Unless otherwise specifically permitted in writing by Intergraph, use of the SOFTWARE PRODUCT outside the country in which it is licensed is strictly prohibited. 12.2 Non - disclosure. You understand that Intergraph possesses information and data, including, without limitation, Intellectual Property, that was developed, created or discovered by Intergraph, or which has become known to or has been conveyed to Intergraph, which has commercial value in Intergraph's day - to -day business ( "Confidential Information "). Intergraph considers such Confidential Information to be proprietary and confidential. You agree to treat and maintain as proprietary and confidential Intergraph's Confidential Information and any information or data provided by Intergraph, in whatever form, as you would treat your own proprietary and confidential information and data, but in any event, no less than with reasonable care, and to comply with all license requirements, copyright, patent, trademark and trade secret laws as they may pertain to any of Intergraph's Confidential Information or other information or data provided by Intergraph. 13. GENERAL 13.1 Entire Agreement. You acknowledge that you have read this EULA, understand it and agree to be bound by its terms and conditions. You further agree that this EULA is the complete and exclusive statement of the agreement between you and Intergraph relating to the subject matter of this EULA and that this EULA supersedes any proposal or prior agreement, oral or written, and any other communications between you and Intergraph relating to the subject matter of this EULA. This EULA may be amended only by a written instrument signed by both you and Intergraph; provided however, certain Intergraph SOFTWARE PRODUCTS and Updates may be subject to additional terms and conditions contained in a EULA Addendum or separate EULA that is delivered with the applicable SOFTWARE PRODUCT or Update. Any reproduction of this EULA made by reliable means (for example, printed, photocopy or facsimile) will be deemed an original. Page 19 of 22 iNTERG 13.2 Severability. Whenever possible, each provision of this EULA shall be interpreted in such a manner as to be effective and valid under applicable law. However, if any provision of this EULA shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this EULA. 13.3 Headings. The various headings in this EULA are inserted for convenience only and shall not affect the meaning or interpretation of this EULA or any section or provision of this EULA. 13.4 No Waiver. Any failure by either party to enforce performance of this EULA shall not constitute a waiver of, or affect said party's right to avail itself of, such remedies as it may have for any subsequent breach of the terms of this EULA. 13.5 Notices. Any notice or other communication ( "Notice ") required or permitted under this EULA shall be in writing and either delivered personally or sent by electronic mail, facsimile, overnight delivery, express mail, or certified or registered mail, postage prepaid, return receipt requested. A Notice delivered personally shall be deemed given only if acknowledged in writing by the person to whom it is given. A Notice sent by electronic mail or facsimile shall be deemed given when transmitted, provided that the sender obtains written confirmation from the recipient that the transmission was received. A Notice sent by overnight delivery or express mail shall be deemed given twenty-four (24) hours after having been sent. A Notice that is sent by certified mail or registered mail shall be deemed given forty -eight (48) hours after it is mailed. If any time period in this EULA commences upon the delivery of Notice to any one or more parties, the time period shall commence only when all of the required Notices have been deemed given. Intergraph's address for Notices is Intergraph Corporation, 170 Graphics Drive, Madison, Alabama 35758, Attn: Legal Department, 256- 730 -2333. 13.6 Assignment. Neither party shall have the right to assign any of its rights nor delegate any of its obligations under this EULA without the prior written consent of the other party, except that Intergraph may assign its rights and obligations under this EULA, without your approval, to (i) an entity which acquires all or substantially all of the assets of Intergraph or the Intergraph division providing a product or service subject to this EULA; (ii) an entity which acquires all or substantially all of the product or product line assets subject to this EULA; or (iii) any subsidiary, affiliate or successor in a merger or acquisition of Intergraph. Any attempt by you to sublicense, assign or transfer the license or the SOFTWARE PRODUCT, except as expressly provided in this EULA, is void and immediately terminates the license. 13.7 Other Intergraph software products. If you have or use other Intergraph software products, please read this EULA and all other terms and conditions carefully, as there may be differences in the terms and conditions. 13.8 Limited Relationship. The relationship between you and Intergraph is that of independent contractors and neither you nor your agents shall have any authority to bind Intergraph. 13.9 Governing Law; Venue and Jurisdiction. This EULA shall for all purposes be construed and enforced under and in accordance with the Laws of the State of Alabama and shall have been deemed to have been accepted in Madison, Alabama, United States. You and Intergraph agree that any legal action or proceeding arising, directly or indirectly, out of or relating to this EULA shall be instituted in the Circuit Court for Madison County, Alabama, United States or the United States District Court for the Northern District of Alabama, Northeastern Division. You and Intergraph agree to submit to the jurisdiction of and agree that venue is proper in these courts for any such legal action or proceedings. This EULA shall not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 13.10 WAIVER OF JURY TRIAL. INTERGRAPH AND YOU EACH HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY FOR ANY LEGAL PROCEEDING ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR RELATING TO THIS EULA. BOTH INTERGRAPH AND YOU (I) CERTIFY THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER; AND (II) ACKNOWLEDGE THAT BOTH INTERGRAPH AND YOU HAVE BEEN Page 20 of 22 INDUCED TO ENTER INTO THIS EULA BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS WAIVER OF JURY TRIAL. 13.11 Injunctive Relief; Cumulative Remedies. You acknowledge and agree that a breach of this EULA by you could cause irreparable harm to Intergraph for which monetary damages may be difficult to ascertain or may be an inadequate remedy. You agree that Intergraph will have the right, in addition to its other rights and remedies, to seek and obtain injunctive relief for any breach of this EULA by you, and you expressly waive any objection that Intergraph has or may have an adequate remedy at law with respect to any such breach. The rights and remedies set forth in this EULA are cumulative and concurrent and may be pursued separately, successively or together. 13.12 Attorneys' Fees and Costs. In the event of any legal proceeding arising out of or relating to this EULA, the prevailing party in such action shall be entitled to an award of its reasonable attorneys' fees and costs for all such legal proceedings, including for trial and all levels of appeal. 13.13 Governing Language. The controlling language of this EULA is English. If you received a translation of this EULA into another language, it has been provided for your convenience only. 13.14 USE OUTSIDE THE UNITED STATES. If you are located outside the United States, then the provisions of this section shall also apply: (i) Les parties en presence confirment leur volonte que cette convention de meme que tous les documents y compris tout avis qui s'y rattachent, soient rediges en langue anglaise (Translation: "The parties confirm that this agreement and all related documentation is and will be in the English language. "); and (ii) You are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the SOFTWARE PRODUCT, and you represent that you have complied with any and all regulations or registration procedures required by applicable law to make this EULA fully enforceable. 13.15 Survival. The provisions of this EULA which require or contemplate performance after the expiration or termination of this EULA shall be enforceable notwithstanding said expiration or termination. 14. ADDITIONAL TERMS FOR SPECIFIC SOFTWARE PRODUCTS. 14.1 GeoMedia Software — Additional Terms. The software license specifically for GeoMedia Viewer permits copies to be stored on hard disk and loaded for execution on one or more workstations. The GeoMedia Viewer software may be freely copied, transferred and loaned both inside and outside your company. 14.2 Beta Software - Additional Terms. If the SOFTWARE PRODUCT you received with this EULA is pre - commercial release or beta software ( "Beta Software "), then the following additional terms apply. To the extent that any provision in this section is in conflict with any other terms or conditions in this EULA, this section shall supersede such other terms and conditions with respect to the Beta Software, but only to the extent necessary to resolve the conflict. You shall hold all information concerning Beta Software and your use and evaluation of such information and the Beta Software (collectively, "Beta Software Information ") in confidence and with the same degree of care you use to keep your own similar information confidential, but in no event shall you use less than a reasonable degree of care; and you shall not, without the prior written consent of Intergraph, disclose such Beta Software Information to any person or entity for any reason at any time; provided, however, it is understood that you may disclose any Beta Software Information to those of your representatives who actually need such information for the purpose of participating in the proposed evaluation and testing ( "Beta Testing ") of the Beta Software, on the condition that, prior to such disclosure, such representative has been made aware of the terms of this EULA. You shall not use any Beta Software Information for any reason or purpose other than as necessary for Beta Testing. You agree to make no other use of the Beta Software Information or to incorporate any Beta Software Information into any work or product. You acknowledge that the Beta Software is a pre - release, beta version, does not represent final product from Intergraph, and may contain bugs, errors and other problems that could cause system or other failures and data loss. THE BETA SOFTWARE IS PROVIDED TO YOU "AS -IS ", AND INTERGRAPH DISCLAIMS ALL WARRANTY AND LIABILITY OBLIGATIONS TO YOU OF ANY KIND. You may use the Beta Software only for evaluation and testing and not for general production use. You acknowledge that Intergraph has not promised or guaranteed to you that Beta Software or any portion thereof will be announced or made available to anyone in the future, Intergraph Page 21 of 22 1 has no express or implied obligation to you to announce or introduce the Beta Software and that Intergraph may not introduce a product similar to or compatible with the Beta Software. Accordingly, you acknowledge that any research or development that you perform regarding the Beta Software or any product associated with the Beta Software is done entirely at your own risk. During the term of this EULA, if requested by Intergraph, you will provide feedback to Intergraph regarding Beta Testing, including error or bug reports. Upon receipt of a later unreleased version of Beta Software or release by Intergraph of a publicly released commercial version of the SOFTWARE PRODUCT, you agree to return or permanently destroy all earlier Beta Software received from Intergraph. You agree that you will return or destroy all unreleased versions of the Beta Software within thirty (30) days of the completion of Beta Testing when such date is earlier than the date for Intergraph's first commercial shipment of the publicly released commercial software. 14.3 Evaluation Software - Additional Terms. If the SOFTWARE PRODUCT you have received with this EULA is provided specifically for evaluation purposes ( "Evaluation Software "), then the following section applies until such time that you purchase a license of the full retail version of the SOFTWARE PRODUCT. To the extent that any provision in this section is in conflict with any other term or condition in this EULA, this section shall supersede such other terms and conditions with respect to the Evaluation Software, but only to the extent necessary to resolve the conflict. You may use the Evaluation Software only for evaluation and testing and not for general production use. You acknowledge that the Evaluation Software may contain limited functionality and /or may function for a limited period of time. Intergraph is licensing the Evaluation Software on an "AS -IS" basis, solely for your evaluation to assist in your purchase decision. If the Evaluation Software is a timeout version, then the program will terminate operation after a designated period of time following installation (the "Time Out Date "). Upon such Time Out Date, the Evaluation Software license will cease operation and you will not be able to use the SOFTWARE PRODUCT, unless you purchase a license for a full retail version of the SOFTWARE PRODUCT. You acknowledge that such Evaluation Software shall cease operation upon the Time Out Date and accordingly, access to any files or output created with such Evaluation Software or any product associated with the Evaluation Software is done entirely at your own risk. 14.4 Educational Software Product — Additional Terms. If the SOFTWARE PRODUCT you have received with this EULA is Educational Software Product (where either an education price is paid for the SOFTWARE PRODUCT, or the SOFTWARE PRODUCT is received by virtue of your participation in an Intergraph program designed for educational or research institutions, or is received through an education grant from Intergraph), you are not entitled to use the SOFTWARE PRODUCT unless you qualify in your jurisdiction as an Educational End User. You may use the Educational Software Product only for educational and research purposes. Commercial and general production use of Educational Software Products is specifically prohibited. Additional terms and conditions, as well as the definition of an Educational End User, are detailed in Intergraph's Education Policy which is available from Intergraph upon request. Page 22 of 22 Price Quote for Corpus Christi, TX Valid through 03/28/2012 Laborato Information S stem Interface US$ 11-CorChrisTX4 US$ US$ item Description y Functional Use Purpose Unit Ptice Tot Price i I/LEADS Import Interface (Incident Attachments and Supplemental Info) (IPSRMSCUST-1) I/LEADS Web Service Interface (Property Records) (IPSRMSCUST-2) RMS Implementation Services Sub -Total Exclusive of Discount, Maintenance & Taxes One Time System Discount Grand Total Exclusive of Maintenance, Taxes 1 1 1 $ 32,500 37,375 $ 11,750 $ 32,500 37,375 $ 11,750 81,625 for initial purchase only 1 8,000) $ 6,500 7,475 $ 13,975 Tax Exemption assumed 73,625 Notes: 1. Estimated first year software maintenance has been included in this quote. Actual maintenance price will be quoted by Intergraph Maintenance Contracts upon shipment based on maintenance renewal date. 2. Intergraph requires remote access to the customers' servers to complete the effort as quoted. 3. Sales tax is not included in this quote. Final sales tax billed will reflect the applicable tax rates at time of sale as required by law. CorpusChristi_LIMS Interface_SQ020112Ips1S Intergraph Confidential and Proprietary Information Page 1 of 1 13,975 AGENDA MEMORANDUM for the City Council Meeting of August 14, 2012 DATE: June 26, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Interim Director of Engineering Services danb @cctexas.com (361) 826 -3729 Foster Crowell, Director of Wastewater Services fosterc@cctexas.com (361) 826 -1801 Execute Agreement Coastal Bend Texas State Veteran's Cemetery Reclaimed Water Supply for Irrigation CAPTION: Resolution authorizing the City Manager, or designee, to execute an agreement with the State of Texas Veteran's Land Board to supply effluent to irrigate the Coastal Bend Texas State Veteran's Cemetery. PURPOSE: The purpose of this Agenda Item is to execute the agreement with the State of Texas Veteran's Land Board to supply effluent to irrigate the Coastal Bend Texas State Veteran's Cemetery. BACKGROUND AND FINDINGS: The Veteran's Land Board (VLB) in cooperation with the Texas General Land Office (GLO) owns, operates and maintains the Coastal Bend Texas State Veterans Cemetery located at the intersection of IH 37 and Fulton Corridor in Corpus Christi. The Cemetery has certain landscaped areas that the VLB desires to irrigate with reclaimed or effluent water supplied by the City of Corpus Christi. The reclaimed water will replace the VLB's potable water for landscape irrigation and will allow the City of Corpus Christi and the VLB to conserve potable water. The Agreement details the City's supply of reclaimed water to the VLB for landscape irrigation, and the VLB's receipt of the reclaimed water. The proposed Agreement supports the City's commitment made in a Memorandum of Agreement with the Veterans Land Board of the State of Texas (VLB Contract No. 09- 052 - 000 - 3409). C: \PROGRAM FILES \GRANICUS \LEGISTAR5 \ PACKET \992 CITY COUNCIL 7 31 2012 \0036 1 MEMO - VETERANS CEMETERY.DOCX The City has constructed the public infrastructure necessary for effluent delivery to the new Veteran's Cemetery site. ALTERNATIVES: • Execute the Agreement as recommended. • Do not execute the Agreement as recommended. CONFORMITY TO CITY POLICY: Agreement conforms to the City's Water Conservation Plan, which encourages increased usage of reclaimed water as appropriate and where feasible so as to preserve the City's fresh water supply. EMERGENCY / NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Wastewater Services FINANCIAL IMPACT: Not applicable 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 $0.00 $0.00 BALANCE Fund(s): Not applicable Comments: Not applicable. RECOMMENDATION: City staff recommends that the agreement be executed with the State of Texas Veteran's Land Board to supply effluent to irrigate the Coastal Bend Texas State Veteran's Cemetery. LIST OF SUPPORTING DOCUMENTS: Location Map Resolution Agreement C: \PROGRAM FILES \GRANICUS \LEGISTAR5 \ PACKET \992 CITY COUNCIL 7 31 2012 \0036 1 MEMO - VETERANS CEMETERY.DOCX File : \Mproject \councilexhibits \exh74296.dwg LECES F.M. 624 VE sh� Cq, 7/ Al- 3VUECTS B_Ay J\� PROJECT LOCATION o o Ir o ° LU � Y o Y G J � � U HWY 44 CORPUS CHRISTI RA AGNES L LOCATION MAP NOT TO SCALE CCIA McGLOIN RD. N� ALLISON WWTP r PROJECT # 7429 VICINITY MAP NOT TO SCALE COASTAL BEND TEXAS STATE VETERANS CEMETERY RECLAIMED WATER SUPPLY FOR IRRIGATION CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS Ailid DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 Resolution authorizing the City Manager, or designee, to execute an agreement with the State of Texas Veteran's Land Board to supply effluent to irrigate the Coastal Bend Texas State Veteran's Cemetery. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute an Effluent User Agreement with the State of Texas Veteran's Land Board to supply effluent for irrigation of the Coastal Bend Texas State Veteran's Cemetery. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary 0036_3_resolution - texas veterans cemetery 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 0036_3_resolution - texas veterans cemetery RECLAIMED WATER SUPPLY FOR IRRIGATION USER AGREEMENT Between City of Corpus Christi And Texas Veterans Land Board Effluent (Reclaimed Water) Supply for Irrigation User Agreement General Land Office/ Veteran's Land Board TABLE OF CONTENTS 1. RECITALS 4 2. DEFINITIONS 5 3. COMPLIANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS 6. 4. AREA OF USE 6. 5. BENEFICIAL USE STANDARD 6 6. MONITORING AND REPORTING 7 7. DELIVERY OF RECLAIMED WATER 7 8. RECEIPT AND APPLICATION OF RECLAIMED WATER 7 9. QUALITY OF RECLAIMED WATER 8 10. RECLAIMED WATER USE REQUIREMENTS 8 11. RECLAIMED WATER SUPERVISOR 9 12. ON -SITE FACILITY MODIFICATIONS 9 13. NOTIFICATION OF PUBLIC AND TO TCEQ 10 14. USE OF RECLAIMED WATER 10 15. PERMISSION TO ENTER 10 16. ENFORCEMENT 11 17. GENERAL CONDITIONS 11 18. TERM, TERMINATION, RIGHT TO TERMINATE 12 19. AUTHORITY TO SIGN 13 2 Effluent (Reclaimed Water) Supply for Irrigation User Agreement General Land Office/ Veteran's Land Board EXHIBITS Exhibit A. Application Areas Exhibit B. Reuse Water for Irrigation— Designation of Reclaimed Water Supervisor (1 sheet) Exhibit C. Special Reclaimed Water Use Requirements (1 sheet) Exhibit D. City of Corpus Christi Effluent Reuse Facilities Operation And Maintenance Plan, last revised October, 2011 (10 pages) Exhibit E. Agreed Order Amending Operational Procedures and Continuing an Advisory Council Pertaining to Special Condition 5.B., Certificate of Adjudication No. 21 -3214; Docket No. 2001 - 0230 -WR (11 pages) Exhibit F: Memorandum of Agreement Among the Veteran's Land Board . of the state of Texas and Nueces County and the City of Corpus Christi, VLB Contract No. 09 -052- 000 -3409 (MOA). Effluent (Reclaimed Water) Supply for Irrigation User Agreement General Land Office/ Veteran's Land Board RECLAIMED WATER SUPPLY FOR IRRIGATION USER AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND TEXAS VETERAN'S LAND BOARD STATE OF TEXAS COUNTY OF NUECES § THIS AGREEMENT made this day of , 20 , between the City of Corpus Christi (the CITY), a Texas Home -rule municipal corporation, organized and operating pursuant to its home rule charter, and TEXAS VETERANS LAND BOARD (VLB or USER), an agency of the STATE OF TEXAS. 1. RECITALS WHEREAS, VLB owns, operates and maintains the Coastal Bend Texas State Veterans Cemetery (Cemetery) located at the intersection of IH 37 and Fulton Corridor in the City of Corpus Christi with certain landscaped areas that VLB desires to irrigate with reclaimed water supplied by the CITY and the reclaimed water will replace VLB's potable water for landscape irrigation and will allow the CITY and the VLB to conserve potable water; and WHEREAS, the CITY's Water Conservation Plan encourages for increased usage of reclaimed water as appropriate and where feasible so as to preserve the CITY's fresh water supply; and WHEREAS, the CITY under the authority of State of Texas has established standards for the beneficial use of reclaimed water; and WHEREAS, the CITY agreed under the Memorandum of Agreement denominated GLO Contract No. 09- 052 - 000 -3409 that took effect on October 23, 2008 to provide Reclaimed Water to the VLB for irrigation purposes at a minimum of seventy (70) gallons per minute without charge to the VLB; and WHEREAS, the parties desire to enter into an Agreement to further detail the method and manner by which the City will supply reclaimed water to VLB for landscape irrigation and the requirements by which the VLB will receive and use the reclaimed water; and Effluent (Reclaimed Water) Supply for Irrigation User Agreement General Land Office/ Veteran's Land Board WHEREAS, the City is subject to that certain Agreed Order issued by the Texas Commission on Environmental Quality (TCEQ) Amending the Operational Procedures and Continuing an Advisory Council Pertaining to Special Condition 5.B., Certificate of Adjudication No. 21 -3214; Docket No. 2001 - 0230 -WR NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES HEREIN CONTAINED, THE PARTIES AGREE AS FOLLOWS: 2. DEFINITIONS Definition of Terms: As used in this Agreement, the following terms shall have the following meanings: A. "Agreed Order" means the Agreed Order amending the operational procedures and continuing an Advisory Council pertaining to Special Condition 5.B., Certificate of Adjudication No. 21 -3214; Docket No. 2001 - 0230-WR, to which the City and this Agreement are subject (Exhibit E) . B. "Cemetery" means the Coastal Bend Texas State Veterans Cemetery located in the City of Corpus Christi. C. "CITY" means the City of Corpus Christi, Texas, its City Manager or designee, its Director of Water, and its Director of Wastewater, all of which are authorized to act on behalf of the CITY under this Agreement . D. "Commission" means the Texas Commission on Environmental Quality (TCEQ). E. "GLO" means the Texas General Land Office. The GLO provide administrative support to the VLB, and employees of the VLB are considered employees of the GLO. F "MOA" means that certain Memorandum of Agreement denominated GLO Contract No. 09- 052 - 000 -3409 that took effect on October 23, 2008 (Exhibit "F "). E. "Potable Water" means water meeting the requirements of the Texas Department of Health for human consumption and other domestic uses. F "Reclaimed Water" means wastewater that is under the direct control of the treatment plant owner /operator which has been treated to a quality suitable for beneficial use. G. "TAC" means the Texas Administrative Code. H. "TDS" means Total Dissolved Solids. Effluent (Reclaimed Water) Supply for Irrigation User Agreement General Land Office/ Veteran's Land Board "TWDB" means the Texas Water Development Board. J. "Type Il Reclaimed Water" means wastewater appropriate for use in accordance with 30 TAC § 210.32. J. "USER" means the person or entity utilizing treated wastewater for agricultural, domestic, commercial or industrial purposes but does not originally treat the domestic wastewater. K. "VLB" means the Texas Veterans Land Board. L. "Wastewater" means water containing waste, including grey water, black water, or water contaminated by waste contact, including process - generated and contaminated rainfall runoff. Any other words or phrases relating to the use of Reclaimed Water herein, shall have the same definitions as those given under 30 TAC, Chapter 210 "Use of Reclaimed Water" (30 TAC, §210.3). 3. COMPLIANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS The CITY and the VLB agree to comply with any applicable law, rule, or regulation in carrying out their obligations under this Agreement. . VLB and CITY acknowledge and agree that any delivery or release of CITY's water, including any delivery of Reclaimed Water under this Agreement, affects the CITY's environmental flows, and affects the CITY's capacity to deliver and plan for delivery of water to meet the needs of the CITY's water customers and the CITY's other contractual obligations. 4. AREA OF USE VLB shall use Reclaimed Water supplied by the CITY on irrigated landscape located within a total of approximately fifty -four (54) acres which Site is more fully described in Exhibit "A" which is attached hereto and made a part of this Agreement for all purposes. 5. BENEFICIAL USE STANDARD The CITY intends to promote the beneficial use of Reclaimed Water and compliance with State rules (30TAC210) for the application of Reclaimed Water. The use of Reclaimed Water by the VLB shall meet the following minimum criteria: A. The VLB shall maintain sites with a vegetative cover in the condition required by the United States Department of Veterans Affairs. Effluent (Reclaimed Water) Supply for Irrigation User Agreement General Land Office/ Veteran's Land Board B. The City shall supply Reclaimed Water in accordance with the MOA (Exhibit "F ") under which the City agreed to provide Reclaimed Water to the VLB for irrigation purposes at a minimum of seventy (70) gallons per minute. C. VLB shall maintain soil, irrigation, and management practices to avoid ponding or runoff of Reclaimed Water. 6. MONITORING AND REPORTING The VLB and the CITY will conduct periodic monitoring for the purpose of ensuring that the beneficial use standards in Section 6 of this Agreement are being met at Reclaimed Water irrigated sites. The CITY will provide monitoring reports annually to VLB addressing any needed improvements to comply with the beneficial use standards listed in this Agreement. 7. DELIVERY OF RECLAIMED WATER A. The CITY shall deliver Reclaimed Water from an 8" force main which terminates at the VLB property line. The Reclaimed Water usage shall be metered using an ultrasound flow meter which is provided and installed by the City on the 16" force main. The location of the Reclaimed Water meter is shown on Exhibit "A ". B. If by reason of Force Majeure, the CITY shall be rendered unable wholly or in part to carry out its obligations under this Agreement to deliver Reclaimed Water, it shall not be required to deliver Reclaimed Water, and its failure to deliver Reclaimed Water in accordance with the terms and conditions of this Agreement, shall not be considered a breach of this Agreement. The term "Force Majeure" as used in this Agreement shall mean acts of God, unavoidable accident, strikes, lock -outs, or other industrial disturbances, acts of the public enemy, orders of any kind of the federal or state government, or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes. storms, floods, washouts, droughts, power failures, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, the partial or entire failure of the CITY Water System, or other causes, or by reason beyond the CITY'S control. 8. RECEIPT AND APPLICATION OF RECLAIMED WATER A. This Section shall become effective as soon as the CITY is able to deliver Reclaimed Water to the Site. Effluent (Reclaimed Water) Supply for Irrigation User Agreement General Land Office/ Veteran's Land Board B. VLB agrees to receive, accept and apply Reclaimed Water supplied by the CITY only for irrigation of VLB's landscaped areas identified in Section 4. VLB shall control and be responsible for the application of Reclaimed Water to the Site in accordance with the beneficial use standard in Section 5 of this Agreement, all applicable laws and regulations, including those in 30 TAC, Chapter 210, and THE CITY Rules and Regulations. C. The City of Corpus Christi's Water Conservation Ordinance shall apply unless a variance from those provisions is granted by the CITY. The use of Reclaimed Water will not be curtailed due to the imposition of drought management plans. D. VLB's agreements with a third party for the management of the Site shall not in any way relieve VLB of compliance with the terms of this Agreement. 9. QUALITY OF RECLAIMED WATER The City makes no guarantees as to the quality of Reclaimed Water delivered to VLB by the CITY. The City endeavors to deliver water of a quality satisfactory for irrigation of landscape areas with unrestricted public access in accordance with 30 TAC, Chapter 210. VLB understands and agrees that the quality of the Reclaimed Water, especially salinity or other constituents, is different from that of VLB's normal potable water supply and that a possibility exists that VLB's turf management practices may have to be altered and that some landscape species may eventually need to be replaced with more tolerant species. VLB UNDERSTANDS AND AGREES THAT THE CITY MAKES NO WARRANTIES AS TO THE QUALITY OF THE RECLAIMED WATER. IN ADDITION, ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE OR THE IMPLIED WARRANTY OF MERCHANTABILITY ARE HEREBY EXCLUDED. 10. RECLAIMED WATER USE REQUIREMENTS The use of Reclaimed Water is regulated by the Commission and CITY's Ordinance. Some of the requirements for use of Reclaimed Water are contained in attached Exhibit "C ". VLB shall fully inform itself of applicable requirements for the use of Reclaimed Water and abide by all laws and regulations governing Reclaimed Water use. The VLB shall implement a salinity mitigation program. The mitigation program shall include, but not be limited to, the following measures to eliminate or reduce foliar damage and soil salinity accumulation: A. Replacing or realigning irrigation to prevent spraying of foliage; Effluent (Reclaimed Water) Supply for Irrigation User Agreement General Land Office/ Veteran's Land Board B. Removal, fracturing, or penetration of caliche and /or clay underlying areas of salt accumulation; C. Possible rescheduling of irrigation to minimize foliar damage or salt accumulation; D. Top dressing with sand as needed; and E. Soil salinity monitoring and testing as needed to ensure that the beneficial use standards are being met. 11. RECLAIMED WATER SUPERVISOR A. VLB shall designate an individual as VLB's Reclaimed Water Supervisor. The Reclaimed Water Supervisor shall be VLB's coordinator and the direct contact person between the CITY and the VLB. The VLB agrees that the Reclaimed Water Supervisor shall be responsible for the proper operation of VLB's Reclaimed Water system, implementing the requirements of this Agreement relative to the on -site use of Reclaimed Water, monitoring of VLB's Reclaimed Water system for prevention of potential hazards, and coordination with the CITY and other regulatory agencies. The CITY will assist in the training of VLB's Reclaimed Water Supervisor as time and resources permit; however, it shall be the non - delegable responsibility of VLB to assure its Reclaimed Water Supervisor is trained in the use and handling of Reclaimed Water in accordance with all applicable rules, regulations and laws. B. VLB shall inform the CITY in writing of the name, position and daytime and nighttime telephone numbers of VLB's Reclaimed Water Supervisor and shall promptly inform the CITY in writing of any changes of designee and /or phone numbers during the term of this Agreement. 12. ON -SITE FACILITY MODIFICATIONS A. If modifications are necessary to VLB's on -site facilities to conform to applicable Reclaimed Water use requirements, VLB shall submit its plans and specifications for such modifications to the CITY through its Director, Wastewater Department. All modifications required in VLB's on -site facilities shall be the sole cost and responsibility of VLB. The CITY shall assist VLB in identifying the modifications and /or changes required in VLB's on -site facilities. It shall be VLB's responsibility to construct the modifications in accordance with the plans and specifications, and with applicable laws and regulations. B. The CITY shall install and maintain the following facilities on the VLB's Site: 9 Effluent (Reclaimed Water) Supply for Irrigation User Agreement General Land Office/ Veteran's Land Board 1 Reclaimed Water meter, as required to monitor the Reclaimed Water deliveries made to VLB. 2. VLB shall provide the CITY with any easements necessary for delivery of Reclaimed Water to VLB's premises at a mutually agreeable location. 13. NOTIFICATION OF PUBLIC AND TO TCEQ A. The VLB shall provide proper notification to VLB's employees and to the public that Reclaimed Water is being used on the Site in accordance with applicable laws and regulations. Prior to VLB's commencement of the use of Reclaimed Water under this Agreement, the CITY will notify the Executive Director of the Commission and obtain approval for such use in accordance with 30 TAC, Chapter 210 (30 TAC §210.4). B. Upon completion of all on -site modifications and changes to VLB's Reclaimed Water and potable water systems, VLB shall provide the CITY with as -built drawings of VLB's completed Reclaimed Water system and potable water system on VLB's Site. The drawings shall show at a minimum, the locations of all pipelines, controllers, valves, buildings, structures, property boundaries, and any other features important to the onsite use of Reclaimed Water. 14. USE OF RECLAIMED WATER A. The CITY will provide VLB with a minimum of seventy gallons (70) per minute of Type II Reclaimed Water or effluent without charge. For the purpose of this Section, "Reclaimed Water" includes all water delivered to VLB through the CITY's Reclaimed Water delivery system. B. If applicable, the CITY shall read the Reclaimed Water meter at least monthly consistent with the CITY's normal meter reading schedule. C. If applicable, the VLB and the CITY shall maintain records of the date and amount of Reclaimed Water delivered to VLB by the CITY and of all other records required by law to be kept for 5 years in accordance with the requirements of 30 TAC, Chapter 210 (30 TAC §210.36). 15. PERMISSION TO ENTER VLB hereby grants to the CITY and regulatory agencies, acting through their duly authorized employees, agents, or contractors, access at all reasonable times to enter the Site for the purpose of observing construction or modification of Reclaimed Water 10 Effluent (Reclaimed Water) Supply for Irrigation User Agreement General Land Office/ Veteran's Land Board facilities, for maintaining and repairing the CITY- installed facilities, for meter reading, and for observing and verifying that VLB is properly operating its Reclaimed Water facilities in accordance with the terms and conditions of this Agreement, the Ordinances, Rules and Regulations of the CITY and 30 TAC, Chapter 210. When entering VLB's premises, the CITY or the regulatory agencies shall not unreasonably interfere with VLB's operations and its use of the premises. 16. ENFORCEMENT If the CITY finds that the VLB is not meeting the Beneficial Use Standard in Section 7 of this Agreement, the CITY will notify the VLB in writing of its findings of noncompliance. VLB shall respond to the CITY with a Site Improvement Plan to include a schedule of time needed to address and resolve noncompliance issues. Unless otherwise approved by the CITY, User will have six (6) months from the date the CITY notifies User of noncompliance in written, to implement the Site Improvement Plan measures. 17. GENERAL CONDITIONS A. This Agreement shall be construed and interpreted in accordance with the laws of the State of Texas, and venue of any litigation hereunder shall be in a court of competent jurisdiction sitting in Nueces County, Texas. B. The MOA, this Agreement and the attachments hereto contain all the agreements of the parties with regard to this Agreement and cannot be enlarged, modified or changed in any respect except by written agreement between the parties. C. The unenforceability, invalidity or illegality of any provisions of this Agreement shall not render the other provisions unenforceable, invalid or illegal, but the parties shall negotiate as to the effect of said unenforceability, invalidity or illegality on the rights and obligations of the parties. D. The CITY and USER will each use their best efforts to fully cooperate with one another as may be necessary to diligently obtain and maintain in effect any required permits and all other approvals and records required by regulatory requirements that may be necessary for the CITY and USER to perform under, or take advantage of, the terms and conditions of this Agreement. E. The captions, titles and headings in this Agreement are merely for the convenience of the parties and shall neither limit nor amplify the provisions of the Agreement itself. F Notices to be given by either party to the other relative to this Agreement shall be in writing. Both parties agree that any such notice shall be 11 Effluent (Reclaimed Water) Supply for irrigation User Agreement General Land Office/ Veteran's Land Board effective when personally delivered or deposited, postage paid, in the U.S. Mail addressed by certified mail, return receipt request, as follows: CITY: City of Corpus Christi Attn: Assistant City Manager for Public Works Address: 1201 Leopard Street, City Hall Building Corpus Christi, TX 78401 City of Corpus Christi Attn: Director of Wastewater Operations Address: P.O. Box 9277 Corpus Christi, TX 78469 -9277 w /Copy to: City of Corpus Christi Attn: City Attorney Address: 1201 Leopard Street, City Hall Building Corpus Christi, TX 78401 VLB: Texas General Land Office 1700 N. Congress Avenue, Room 910 Austin, TX 78701 Attention: Legal Services Division G. This Agreement is for the sole and exclusive benefit of the parties hereto and shall not be construed to confer any rights upon any third party. Nothing herein shall be construed to confer standing upon any third party who did not otherwise have such standing. 18. TERM, TERMINATION, RIGHT TO TERMINATE The primary term of this Agreement is five (5) years from its date of execution by all the parties. Thereafter, unless noticed in writing, this Agreement shall be automatically renewed for five (5) year terms unless terminated in accordance with any other provision of this Agreement. 12 Effluent (Reclaimed Water) Supply for Irrigation User Agreement General Land Office/ Veteran's Land Board In addition, either party may terminate this Agreement without cause upon thirty (30) days written notice to the other party of its intent to do so. Termination of this Agreement does not relieve either party of its obligations under the MOA. 19. AUTHORITY TO SIGN The persons signing this Agreement represent that they are duly authorized to legally bind the party on whose behalf they sign. Effluent (Reclaimed Water) Supply for Irrigation User Agreement Genera/ Land Office/ Veteran's Land Board IN WITNESS WHEREOF, the CITY and VETERAN'S LAND BOARD have executed this Agreement as of the date and year first written above. CITY OF CORPUS CHRISTI Ron L. Olson City Manager ATTEST: Armando Chapa City Secretary GENERAL LAND OFFICE / VETERANS LAND BOARD Larry L. Laine, Chief Clerk/ Deputy Land Commissioner Date of execution: Kevin Warren, Deputy Commissioner Veterans Land Board, Veterans Homes and Cemeteries Program LEGAL AGC GC 14 Effluent (Reclaimed Water) Supply for Irrigation User Agreement General Land Office/ Veteran's Land Board EXHIBIT A APPLICATION AREAS (Site Plan of Premise Attached) Effluent (Reclaimed Water) Supply for Irrigation User Agreement General Land Office/ Veteran's Land Board EXHIBIT A MINK 110. 1 1 1 1 1 1 1 1 1 1 1 11 !I og 11 M 11 1 1 11 F • F M F • F F ■ F 1 la titil 11 I 1 1 1I 111111I VPF h h Ma li rp �i pp ell i 4 4 SAE a� 143* �! ; fi h ti PI Ail' 1 1111 I 1ii!�! !� ! i! 1! $ a vi MO* Na .p. NIKIIIMION VETERANS CEMETERY EFFLUENT LET STATION AND FORCE MAIN OVERALL SITE PLAN CITY OF CORPUS CH TEXAS WASTEWATER DEPARTMENT O.partm.nt of tnghw.Anp Sari... - HARMAN lNWNEEAING, uC 4V I41e.Odo&o Di. 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If •IIMP.Al1 9 ii IN —+ iii. r �.. tp 5 'N VETERANS CEMETERY EFFLUENT LIFT STATION AND FORCE AWN CITY OF Ph N L HARMAN INO1N�RN G.LC ••O lake aa1N oe, il O01°"' M Fax rmlKianan 1MiNP.FtOtA r , R IF" A H 1 CHRIS TEXAS FORCE MAIN PLAN AND PROFILE STA 56 +00 TO 64 +00 WASTEWATER Deportment of Engineering Serweer meal of n inee .a Nltl - -- r t a NOM ea IAN tivirool 111 ll IRg414a 44414 1 REES EPEE _ eacarrot If 4 AMMO ION M I VETERANS CEMETERY EFFLUENT LIFT STATION AND FORCE MAIN FORCE MAIN PLAN AND PROFILE STA 64 +00 TO 65 +83 CITY OF CORPUS CHRIST TEXAS WASTEWATER DEPARTMENT Deportment of Engineering Seniors I1M L HARMAN tNGINLNRINQ, LLC av labs OM.r. a. Ce pu. ChM, Tx Mil P. $414 42.3141 Pox 34I4n4211 1111 No. 1616171 11 EXHIBIT B REUSE WATER FOR IRRIGATION DESIGNATION OF RECLAIMED WATER SUPERVISOR User Name: The Coastal Bend Texas State Veterans Cemetery of the Veterans Land Board Address: 9974 IH 37Access Road Corpus Christi, Texas 78410 -1408 Reclaimed Water Supervisor Information: Full Name: Robert Krussow, Jr. Full Title: Operations Supervisor Work Phone #:361- 248 -4830 Emergency Phone #: 512 - 748 -4589 Cell or Pager #: 512 - 748 -4589 E-mail Address: rk@premiercemeteryservice.com USER: By: (Print Name) (Title) Effluent (Reclaimed Water) Supply for Irrigation User Agreement Designation of Reclaimed Water Supervisor EXHIBIT B Page 1 of 1 EXHIBIT C SPECIAL RECLAIMED WATER USE REQUIREMENTS The following use requirements are intended to satisfy the requirements of the Texas Water Commission for the safe use of reclaimed water for unrestricted landscape irrigation: 1. Runoff of reclaimed water and spray shall be minimized. 2. Signs in both English and Spanish shall be provided at main entrances to the Site and at reclaimed water hose bibs and faucets to inform the public that reclaimed water is being used. 3. Site shall be managed so that public contact with reclaimed water shall be minimized. 4. Above - ground reclaimed water facilities shall be marked by authorized methods to differentiate the reclaimed water facilities from the potable water facilities. Belowground reclaimed water facilities shall be similarly marked if newly constructed or if exposed for repair. 5. Reclaimed water valves, outlets, quick couplers and sprinklers shall be of a type, or secured in a manner, that permits operation only by USER'S authorized personnel. 6. For new underground construction, there shall be at least a 9 -foot horizontal and 1- foot vertical separation between all pipelines transporting reclaimed water and those transporting potable water, with the potable water pipeline above the reclaimed water pipeline. 7. A backflow prevention device shall be provided at all potable water service connections in reclaimed water use areas. There shall be no connection between potable water and reclaimed water piping. Supplementing reclaimed water with any potable water shall not be allowed except through an air -gap separation. 8. Drinking water facilities and swimming pools shall be protected from reclaimed water spray. 9. Adequate measures shall be taken to minimize ponding and to prevent breeding of mosquitoes. Effluent (Reclaimed Water) Supply for Irrigation User Agreement Special Reclaimed Water Use Requirements EXHIBIT C Page 1 of 2 10. Inspection, supervision and employee training shall be provided by USER to assure safe and proper operation of the reclaimed water system. 11. All valves of any type installed below grade (including existing valve boxes) shall be housed in a valve box with a purple locking cover. 12. Use of reclaimed water by subsequent owners or lessees will not be allowed unless they are advised of these requirements and sign a new User Agreement. Effluent (Reclaimed Water) Supply for irrigation User Agreement Special Reclaimed Water Use Requirements EXHIBIT C Page 2 of 2 EXHIBIT D CITY OF CORPUS CHRISTI EFFLUENT REUSE FACILITIES OPERATION AND MAINTENANCE PLAN LAST REVISED OCTOBER, 2011 (10 PAGES) O &M Manual attached here Effluent (Reclaimed Water) Supply for Irrigation User Agreement General Land Office/ Veteran's Land Board EXHIBIT D RECLAIMED WATER FACILITIES Operation and Maintenance Plan PREPARED BY CITY OF CORPUS CHRISTI WASTERWATER DEPARTMENT JUNE 2003 REVISED October 2011 Effluent (Reclaimed Water) Supply for irrigation User Agreement. Effluent Reuse Facilities Operation and Maintenance Plan EXHIBIT D Page 1 of 12 TABLE OF CONTENTS I. Regulatory Authority 1 II. General Requirements. 2 III. User's Reclaimed Water Supervisor 4 IV. On -Site Facility Modifications 5 V. Labeling and Separation of Facilities 6 VI. Access to Reclaimed Water Facilities 6 VII. Prevention of Human Exposure 7 VIII. Reclaimed Water Quality 7 IX. Monitoring, Sampling and Analysis: 8 X. Operation & Routine Maintenance: 8 XI. Training and Safety 9 XII. Contingency Plan 9 Effluent (Reclaimed Water) Supply for Irrigation User,4greement Effluent Reuse Facilities Operation and MaintenancePPlan EXHIBIT D Page 2 of 12 CITY OF CORPUS CHRISTI WASTEWATER DEPARTMENT EFFLUENT REUSE FACILITIES Operation and Maintenance Plan The City of Corpus Christi fully embraces responsible environmental stewardship of its resources. The City endorses the responsible use of reclaimed water by the serviced community. Delivery of reclaimed water will adhere to the tenets of the Texas Commission on Environmental Quality (TCEQ) Chapter 210; for Type I and /or Type II uses, and will be delivered when available for use. The City of Corpus Christi Wastewater Department has developed this plan to provide proper operation and maintenance of the user's reclaimed water facilities and addresses specific issues identified in the use of reclaimed water and the methods that will be employed to minimize potential problems. The plan may be updated, with notification to the TCEQ, to reflect any changes that occur within the system. 1. Regulatory Authority The City of Corpus Christi distributes reclaimed water for beneficial reuse under the authority of the State of Texas. On May 17, 1999, the TCEQ issued Authorization No. R10401 -003 to the City, which provides for Type I and /or Type II uses of wastewater treatment plant effluent from the following City —owned facilities: • Oso Wastewater Treatment Plant, TPDES Permit No.10401 -004; • Greenwood Wastewater TreatmentPtaat,JPDES.Permit No. 10401 -003; • Broadway Wastewater Treatment Plant, TPDES Permit No. 10401 -005; • Allison Wastewater Treatment Plant, TPDES Permit No.10401 -006; • Laguna Madre Wastewater Treatment Plant, TPDES Permit No. 10401 -008 (Type II only); • Whitecap Wastewater Treatment Plant, TPDES Permit No.10401 -009. On November 15, 2006, the TCEQ issued a separate authorization for each facility. The authorization numbers are the following: • Oso Wastewater Treatment Plant, Authorization No. R10401 -004; • Greenwood Wastewater Treatment Plant, Authorization No. R10401 -003; • Broadway Wastewater Treatment Plant, Authorization No. R10401 -005; Effluent (Reclaimed Water) Supply for Irrigation User Agreement Effluent Reuse Facilities Operation and Maintenance Plan EXHIBIT D Page 3 of 12 • Allison Wastewater Treatment Plant, Authorization No. R10401 -006; • Laguna Madre Wastewater Treatment Plant, Authorization No. R10401 -008 (Type 11 only); • Whitecap Wastewater Treatment Plant, Authorization No. R10401 -009. The effluent is to be used for the following Type I and Type 11 uses, as defined in 30 TAC, Chapter 210 and as permitted in the individual authorizations; the irrigation of golf courses, ball parks, schools, parks, industrial centers, apartment complexes, commercial properties, irrigation of a `closed' landfill, home lawn watering, road median and also used for cooling towers, fire fighting and road construction. Type I reclaimed water use includes irrigation or other uses in areas where the public may be present during the time when irrigation takes place or other uses where the public may come in contact with the reclaimed water. Type 11 reclaimed water use includes irrigation or other uses in areas where the public is not present during the time when irrigation takes place or other uses where the public would not come in contact with the reclaimed water. H. General Requirements: A. The user shall use the reclaimed water in accordance with this agreement, City ordinances, and TAC Chapter 210 relating to reclaimed water. B. The City of Corpus Christi will not be liable for misapplication of reclaimed water by users. The user is responsible for ensuring that reclaimed water overflow, crop stress, and undesirable soil contamination does not occur. C. The City of Corpus Christi may conduct periodic audits of appropriate controls implemented by reclaimed water users. D. Food crops that may be consumed raw by humans shall not be spray irrigated. Food crops including orchard crops that will be substantially processed prior to human consumption may be spray irrigated. Other types of irrigation that avoid contact of reclaimed water with edible portions of food crops are acceptable. E. There shall be no nuisance conditions resulting from the user's distribution, use, and /or storage of reclaimed water. Effluent (Reclaimed Water) Supply for irrigation User Agreement Effluent Reuse Facilities Operation and Maintenance Plan EXHIBIT D Page 4 of 12 F. Reclaimed water shall not be utilized in a way that degrades ground water quality to a degree adversely affecting its actual or potential uses. G. Reclaimed water managed in storage ponds must be prevented from discharge into waters in the state, except for discharges directly resulting from rainfall events or in accordance with a permit issued by the TCEQ. All other discharges are unauthorized. If any unauthorized overflow of storage pond occurs causing discharge into or adjacent to waters in the state, the user shall report any non- compliance within five working days of becoming aware of the overflow to the TCEQ and to the City of Corpus Christi. The written submission of such information shall be provided to the TCEQ regional office and to the Austin Office, Water Enforcement Section (MC -149) and shall contain a description of the noncompliance and its cause; the potential danger to human health or safety, or the environment; the period of noncompliance, including exact dates and times; if the noncompliance has not been corrected, the anticipated time it is expected to continue; and, steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance, and to mitigate its adverse effects. H. Use of hose bibs and faucets are prohibited unless specifically approved by the City of Corpus Christi, Water Department Director. I. The reclaimed water user shall provide reasonable control of the application rates for reclaimed water applied to irrigation areas. These controls shall encourage the efficient use of reclaimed water and avoid excessive application of reclaimed water that results in surface runoff or excessive percolation below the root zone. J. The user may not resell, trade or transfer reclaimed water to any other person or legal entity. The user is also prohibited from conveying reclaimed water to any other premises or location. K. The user is solely responsible for any private distribution system, storage, or transmission costs, including the initial construction cost, and operation and maintenance of the private reclaimed water Effluent (Reclaimed Water) Supply for Irrigation User Agreement Effluent Reuse Facilities Operation and Maintenance Plan EXHIBIT D 3 Page 5of12 system on the users property. All facilities shall be designed, constructed, and operated in accordance with 30 TAC, Chapter 210. L. Distribution systems must be designed to prevent operation by unauthorized personnel. Irrigation operations shall be managed in a manner to minimize the inadvertent contact of reclaimed water with humans. Operational or tail water controls shall be provided and maintained to preclude discharge of reclaimed water from irrigation sites. M. The City shall install and maintain a reclaimed water meter, as desired, to monitor the reclaimed water deliveries made to User. Meter will be calibrated regularly. N. The reclaimed water User shall provide reasonable control of the application rates for reclaimed water. These controls shall encourage the efficient use of reclaimed water and avoid excessive application of reclaimed water. 111. User's Reclaimed Water Supervisor A. User shall designate an individual as User's Reclaimed Water Supervisor. The Reclaimed Water Supervisor shall be User's coordination manager and the direct contact person between the City and the User. The Reclaimed Water Supervisor shall be responsible for the proper operation of User's reclaimed water system, implementing the requirements of the Agreement relative to the on -site use of reclaimed water, monitoring of User's reclaimed water system for prevention of potential hazards, and coordination with the City and other regulatory agencies. It shall be the non - delegable responsibility of User to assure its Reclaimed Water Supervisor is trained in the use and handling of reclaimed water in accordance with all applicable rules, regulations and laws. B. User shall inform the City in writing of the name, position, address and daytime and nighttime telephone numbers of User's Reclaimed Water Supervisor and shall promptly inform the City in writing of any Effluent (Reclaimed Water) Supply for Irrigation User Agreement Effluent Reuse Facilities Operation and Maintenance PIan EXHIBIT D Page 6 of 12 changes of designee and /or phone numbers during the term of the Agreement. C. The Reclaimed. Water Supervisor or his representative shall be available during normal working hours at an address listed with the City for the purpose of hosting an inspection tour or for discussing operational aspects of the system and shall be available via telephone at a number listed with the City for emergency off -hours contact. D. The Reclaimed Water Supervisor shall be responsible for furnishing-'. the Operations Personnel system operating instructions, maintenance instructions, controller charts, and record drawings to ensure proper operation in accordance with the irrigation system design and these Regulations. At least one complete set of this information shall be kept on site or in the nearest field office or maintenance building established by the Reclaimed Water Supervisor. E. The Water Supervisor retains the responsibility of.properly disseminating this information to all appropriate Operations Personnel. IV. On -Site Facility Modifications A. If modifications are necessary to User's on -site facilities to conform to reclaimed water use requirements or to meet modified requirements, User shall submit its plans and specifications for such modifications to the City Engineering Services who shall review same before construction commences and whose approval shall not unreasonably be withheld. All modifications required in User's on- site facilities shall be the sole cost and responsibility of User. The City shall assist User in identifying the modifications and /or changes required in User's on -site facilities. It shall be User's responsibility to construct the modifications in accordance with the approved plans and specifications, and with applicable laws and regulations. Effluent (Reclaimed Water) Supply for Irrigation User Agreement Effluent Reuse Facilities Operation and Maintenances Plan EXHIBIT D Page 7 of 12 Labeling and Separation of Facilities A. All reclaimed water distribution facilities shall be labeled and separated from potable water distribution fadlities for the prevention of cross connection between reclaimed water lines and potable water lines. Supplementing reclaimed water with any potable water shall not be allowed except through an air -gap separation. B. Reclaimed water piping shall be separated from potable water piping when trenched by a distance of at least nine feet. C. All exposed piping, hose bibs and faucets shall be purple and designed to prevent connection to a standard water hose. All buried piping installed after the effective date of these rules shall be one of the following: manufactured in purple, purple fusion - bonded epoxy coated, or bagged in purple. All exposed piping should be stenciled in white with a warning reading "Non- Potable Water." D. One of the following requirements must be met by the user for any area where reclaimed water is stored or where there are hose bibs or faucets: Signs having a minimum size of eight inches shall be posted at all storage areas and on all hose bibs and faucets reading, in both English and Spanish, "Reclaimed Water, Do Not Drink" and "Agua Reclamada, No Bebe el Agua" or similar warning; or the area shall be secured to prevent access by the public. In addition, signs will also be posted around any lake or pond that receives Reclaimed Water reading in English and Spanish, "No Wading or Swimming." E. All sprinkler heads and sprinkler control box covers shall be purple. VI. Access to Reclaimed Water Facilities A. Reclaimed water facilities shall be secured to prevent unauthorized access. Such facilities shall be fenced or locked to restrict access to authorized users, and shall be clearly labeled. B. Access to areas under irrigation with Type II reclaimed water shall be restricted to ensure that the public shall not come in contact with reclaimed water. Effluent (Reclaimed Water) Supply for Irrigation User Agreement Effluent Reuse Facilities Operation and Maintenance Plan EXHIBIT D 6 Page 8 of 12 VII. Prevention of Human Exposure A. Reclaimed water shall be used in such a manner that will minimize the risk of inadvertent human exposure. Irrigation operations shall be at night or when the public is not present (potential for human contact is low). B. There shall be no off -site discharge, either airborne or runoff, or reclaimed water from the User's property except to a waste water treatment or wastewater treatment collection system unless the User obtains a permit from the State. C. Irrigation rates and times shall be managed to minimize "wet grass" conditions in unrestricted landscaped areas during the periods the area could be in use. Irrigation practices shall be designed to prevent incidental ponding or standing water. D. Irrigation systems shall be designed so that the irrigation spray does not reach any privately owned premises outside the designated irrigation area or reach public drinking fountains. E. There shall be no application of reclaimed water when the ground is saturated or frozen. VIII. Reclaimed Water Quality Reclaimed water shall be monitored in accordance with the sampling frequencies and water quality standards specified in TAC, Chapter 210, for Type I and /or Type II uses as applicable. Water Quality Standards: The following are numerical parameter limits pertaining to Type I and Type 11 reclaimed water use. At a minimum, the reclaimed water shall, on a 30-day average have a quality of: Type 1 Parameter Maximum 30 -day Average BOD5 or CBOD5 5 mg /I Turbidity 3 NTU Fecal Coliform 20 CFU /100 ml* Fecal Coliform 75 CFU /100 ml ** Effluent (Reclaimed Water) Supply for Irrigation User Agreement Effluent Reuse Facilities Operation and Maintenance Ran EXHIBIT D Page 9 of 12 Type II Parameter BOD5 Or CBOD5 Fecal Coliform Fecal Coliform * geometric mean single grab sample ** Maximum 30-day Average 20 mg /I 15 mg/I 200 CFU /100 ml* 800 CFU /100 rnI ** Wastewater treatment plant effluent which does not meet the minimum water quality standards for reclaimed water use will not be available for distribution by the City. IX. Monitoring, Sampling and Analysis: A. The City shall sample and analyze the reclaimed water prior to distribution to the user to ensure that the water quality is in accordance with the intended Type I or Type 11 use. Analytical methods shall be in accordance with those specified in 30 TAC, chapter 319 (General Regulations Incorporated into Permits). The minimum sampling and analysis frequency for Type I reclaimed water is twice per week and for Type I I reclaimed water is once per week. The samples shall be taken after the final treatment unit of the respective wastewater treatment plant. Records shall be maintained on a monthly basis and be available at the plant site for inspection by authorized representatives of the Commission for at least five years. B. If the User operates a reclaimed water storage facility, the facility shall incorporate an automatic leak detection system or shall adopt and implement a monitoring plan approved by TCEQ and the City. X. Operation & Routine Maintenance: A. A preventative maintenance program designed and implemented by the User shall ensure the continued operation of all system elements within the requirements of the Agreement and shall be evidenced by the Water Supervisor and open to inspection by the City. B. User shall perform regular maintenance, in accordance with 30 TAC Chapter 210.25.b, of all signs at all storage areas, hose bibs, faucets, and other points of access to reclaimed water. Effluent (Reclaimed Water) Supply for Irrigation User Agreement Effluent Reuse Facilities Operation and Maintenance Plan lan EXHIBIT D Page 10 of 12 C. User shall operate and maintain the pumps and control system so that any receiving lake or pond is not overfilled so as to discharge into the downstream watercourse, except for discharges directly resulting from rainfall events. All other discharges are unauthorized and, if such a discharge occurs that results in a discharge into or adjacent to waters of the state, it must be reported within twenty -four (24) hours to the City and five (5) days to TCEQ. D. All materials and equipment used for construction, maintenance and repair of reclaimed water facilities shall be in accordance with provisions of 30 TAC Chapter 210 and 217 and with approved plans and specifications. E. Operate and maintain all pumping facilities, piping and controls using routine maintenance schedules and. preventative maintenance on all mechanical equipment as specified by the manufacturer. Broken equipment shall be repaired promptly by User. XI. Training and Safety A. It shall be the responsibility of the User's Water Supervisor to ensure that all Operations Personnel are trained in and familiarized with the use of recycled water, and are familiar with all pertinent information contained in the Agreement and those applicable portions of Chapter 210. This information shall be supplied by the City upon request. B. Training in the safe and proper operation and maintenance of reclaimed water facilities and the proper use of reclaimed water shall be performed . and documented at least annually by the User. XII. Contingency Plan A. In the event of an upset of the wastewater treatment process which renders the effluent quality unfit for its intended Type I or Type 11 use, or of reclaimed water distribution facilities failure, distribution pumps and/or valves shall be locked and tagged out by the City, and distribution of reclaimed water shall be curtailed immediately and until such system failures are corrected. Reclaimed water transferred Effluent (Reclaimed Water) Supply for Irrigation User Agreement Effluent Reuse Facilities Operation and Maintenance Plan EXHIBIT D 9 Page 11 of 12 from a provider to a user shall be done on a demand only basis. This means that the reclaimed water user may refuse delivery of such water at any time. Effluent (Reclaimed Water) Supply for Irrigation User Agreement Effluent Reuse Facilities Operation and Maintenance O Plan EXHIBIT D Page 12 of 12 EXHIBIT E TCEQ AGREED ORDER AMENDING THE OPERATIONAL PROCEDURES AND CONTINUING AN ADVISORY COUNCIL PERTAINING TO SPECIAL CONDITION 5.B, CERTIFICATE OF ADJUDICATION NO. 21-3214; DOCKET NO. 2001- 0230 -WR (11 PAGES) Agreed Order attached here Effluent (Reclaimed Water) Supply for Irrigation User Agreement General Land Office/ Veteran's Land Board EXHIBIT E TEXAS NATURAL RESOURCE CONSERVATION COMMISSION AN AGREED ORDER Amending the operational procedures and continuing an Advisory Council .pertaining to Special Condition 5.8., Certificate of Adjudication No. 21- 3214; Docket No. 2001- 0230 -WR On April 4, 2001, came to be considered before the Texas Natural Resource Conservation Commission ( "Commission ") the Motion by the City of Corpus Christi and Nueces River Authority for the adoption of an amendment to the Agreed Order issued Apri128,1993, establishing operating procedures pertaining to. Special Condition 5.B:, Certificate of Adjudication No. 21 -3214, held by the City of Corpus Christi, the Nueces River Authority, and the City of Three Rivers " (the two cities and river authority shall be referred to herein as "Certificate Holders "). The Certificate Holders and the Executive Director of the Texas Natural Resource Conservation Commission have agreed to the provisions of this Agreed Order. The City of Corpus Christi (managing entity) requests that Section 2 of this Agreed Order be amended to add further detail to the provisions regarding the use of water for bays and estuaries and to Make changes in the required passage of inflows for the bays and estuaries automatic at 40 percent and 30 percent of total reservoir system capacity upon Institution of mandatory outdoor watering restrictions. Additionally, Certificate Holders request the most recent bathymnetric surveys be used for determining reservoir system 'storage capacity. The Certificate Holders request details be added regarding provisions for two projects to enhance/augment the amount of freshwater going into she receiving estuary and timelines for those projects. After considering the proposals and the presentations of the parties, the Commission finds that it has authority to establish operational procedures under Special Condition 5.B. of Certificate of Adjudication No 21 -3214, and that operational procedures previously established should be . amended. The Commission finds that, because of the need to continue to monitor the ecological environment and health ofrelated living marine resources of the estuaries to assess the effectiveness of freshwater inflows provided by requirements contained in this Agreed Order relating to releaties and spills from Choke Canyon Reservoir and Lake Corpus Christi' (collectively referred to as the Reseriroir System); as well as return flows, and to evaluate potential impacts which may occur to the reservoirs as well as to the availability ofwater to meet the needs of the Certificate Holders and their customers whichmay result from those operational procedures, the existing advisory council should be maintained to consider such additional information and related issues and to formulate recommendations for the Commission's review. The Commission additionally finds that based on the preliminary application of the Texas Water Development Board's Mathematical Programming Optimization Model, (GRG-2), 138,000 acre -feet of fresh water is necessary to achieve maximum harvest in the Nueces Sstuar ; and, therefore, when water is impounded in the Lake Corpus Christi -Choke Canyon Reservoir System to the extent greater than 70 percent of the system's storage capacity, the delivery of 138,000 Effluent (Reclaimed Water) Supply for Irrigation User Agreement TCEQ Agreed Order EXHIBIT E Page 1 of 11 acre -feet of water to Nueces Bay and/or the Nueces Delta, by a combination of releases and spills, together with diversions and return flows noted below, should be accomplished; and that during periods when the reservoir system contains less than 70 percent storage capacity, reductions in releases and spills, along with diversions and return flows, are appropriate in that a satisfactory level of marine harvest will be sustained and the ecological health of the receiving estuaries will be maintained. The Cotntnisaion finds that return flown, other than to Nueces Bay and/or the Nueces Delta, that are delivered to Corpus Christi Bay and other receiving estuaries are currently in the assumed mount of 54,000 acre -feet per annum (per calendar year), and that they shall be credited at this atnount until such time as it is shown that actual return flows to Corpus Christi Bay and other receiving estuaries exceed 54,000 acre-feet per annum. The Commission finds that by contractual relationships, the City of Corpus Christi is the managing entity for operating the Reservoir System. The Commission finds that the Motion by the City of Carpus Christi and Nueces River Authority to Amend this Agreed Order is reasonable and should be granted. Benefits of the proposed diversion project and operating changes will include increased water supply, increased reservoir storage levels, increased positive flow events for Rincon Bayou and the upper Nueces Delta, increased sources of nitrogen for the upper delta, and lower salinity levels in the upper delta. When the Commission uses the word "release" in this Order, release means spills, inflow passage, intentional releases, and return flows; provided, however, under this Order no release from storage is required to meet conditions of this Order. By consenting to the issuance of this Agreed Order, no party admits or denies any claim, nor waives with respect to any subsequent proceeding any interpretation or argument which may be contrary to the provisions of this Agreed Order. NOW, THEREFORE, BE IT ORDERED BY THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION THAT: 1. a. The City of Corpus Christi, as operator of the Choke Canyon/Lake Corpus Christi reservoirs (the "Reservoir System "), shall provide not leas than 151,000 acre -feet of water per 'annum. (per calendar year) for the estuaries by a cornbirtation of releases and spills from the Reservoir System at Lake Corpus Christi Dam and return flows to Nueces and Corpus Christi Bays and other receiving estuaries (including such credits as may be appropriate for diversion of river flows and/or return flews to the Nueces Delta and/or Nueces Bay), as computed and to the extentprovided for herein. b. When water impounded in the Reservoir System is greater than or equal to 70 percent of storage capacity, a target amount of 138,000 acre-feet is to•be delivered to Nueces Bay and/or the Nueces Delta by a combination of releases and spills from - Page 2 of 11 Effluent (Reclaimed Water) Supply for Irrigation User Agreement TCEQ Agreed Order EXHIBIT E Page 2 of 11 the Reservoir System as well as diversions and return flows. In accordance with the monthly schedule and except as provided otherwise in this Agreed Order, target inflows to Nueces Bay and/or the Nueces Delta shall be in the acre -foot amounts as follow: January 2,500 July 6,500 February 2,500 August 6,500 March 3,500 September 28,500 April 3,500 October 20,000 May 25,500 November 9,000 June 25,500 December 4,500 It is expressly provided, however, that releases from Reservoir System storage shall not be required to satisfy the above targeted inflow amounts, as calculated in Subparagraph d. c. When water impounded in the Reservoir System is less than 70 percent but greater than or equal to 40 percent of storage capacity, a targeted amount of 97,000 acre -feet is to be delivered to Nueces Bay and/or the Nudes Delta by a combination of releases and spills from the Reservoir System u well as diversions and return flows. In accordance with the monthly schedule and except as provided otherwise in this Agreed Order, target inflows to Nueces Bay and/or the Nueces Delta shall be in the acre -foot amounts as follows: January 2,500 July 4,500 February 2,500 August 5,000 March 3,500 September 11,500 April 3,500 October 9,000 May 23,500 November 4,000 June 23,000 December 4,500 R is expressly provided, however, that releases from Reservoir System storage shall not be required to satisfy the above targeted inflow amounts as calculated in Subparagraph d. d. The amounts of water required in subparagraphs 1.b. and 1.c. will consist of return flows, and intentional diversions, as well as spills and releases from the Reservoir System as defined in this subparagraph. For purposes of compliance with monthly targeted amountsprescribed above, the spills and releases described in this paragraph shall be measured at the U.S. Geological Survey stream monitoring station on the Nueces River at Cahalan, Texas (USGS Station No. 08211500), Any inflows, including measured wastewater effluent and rainfall runoffmeeting lawful discharge standards which are intentionally diverted to the upper Nueces Delta region, shall be credited toward the total inflow amount delivered to Nueoes Bay and/or the Nueces Page 3 of 11 Effluent (Reclaimed Water) Supply for Irrigation User Agreement TCEQ Agreed Order EXHIBIT E Page 3 of 11 Delta. Inflow passage fromthe Reservoir System forthepurpose ofcompliance with the monthly targeted amount¢ prescribed in subparagraphs 1.b. and 1.c. shall in no case exceed the estimated inflow to Lake Corpus Christi as if there were no iinpoundrnent of inflows at Choke Canyon Reservoir. The estimated inflow to Lake Corpus .Christi as if then were no impoundment of inflows at Choke Canyon Reservoir Shall be computed as the sum of the flows measured at the U.S. Geological Sutvey(USGS) STRBAMFLOW O/lOING STATIONS ON THE Names River near Three "Rivers (USES No. 08210000), Frio River at Tilden, Texas (USGS No 08206600), and San Miguel Creek near Tilden, Texas (USGS No. 08206700) less computed releases and spills from Choke Canyon Reservoir. e. The passage of inflow necessary to meet the monthly targeted allocations may be distributed over the calendar month in a manner to be determined by the City. Relief from the above requirements shall be available under subparagraphs (1) or (2) below and. Section 2.(b)iand 34o) at the option of the City of Corpus Christi, However, passage of inflow may only be reduced under one of those subparagraphs below, for any given month. (1) Inflows to Nueoes Bay and/or the Nueces Delta in excess of the required monthly targeted amount may be credited for up to fifty (50) percent of the targeted requirement for the following month, based on the amount received (2) When the mean salinity in Upper Nueces Bay (Lat. 27 °51'02 ", Long. 97 °28'S2 ") for a 1Q-day period, ending at any time during the calendar month for which the reduction of the passage of inflow is sought, is below the SUB *, pass through of inflow from the reservoir system for that same calendar month may be reduced as follows: (a) For any month other than May, Juno, September and Octobet, if 5 parts per thousand (ppt) below the SUB for the month, a reduction of 25% of the current months targeted Nueces Bay inflow; (b) If 10 ppt below the SUB for the month, a reduction of 50 % of the current month's targeted Nueces Bay inflow except that credit under thik provision is limited to 25 % during the months of May, June, September and October; * "SUB" means "salinity upper bounds" as set forth more specifically in Section 3.b. (c) If 15 ppt below the SUB for that month, a reduction of 75% of the current month's targeted Nueces Bay inflow. Page 4 of 11 Effluent (Reclaimed Water) Supply for irrigation User Agreement TCEQ Agreed Order EXHIBIT E Page 4.of 11 f. The City of Corpus Christi shall submit monthly reports to the Commission containing daily inflow amounts provided to the Nueces Estuary in accordance with this Agreed Order through releases, spills, return flows and other freshwater inflows. 2. a. Certificate holders are to provide in any future contracts or any amendments, modifications or changes to existing contracts the condition that all wholesale customers and any subsequent wholesale customers shall develop and have in effect a water conservation and drought management plan consistent with Commission rule. The City of Corpus Christi shall solicit from its customers and report to the Commission annually the result ofconservation under the City's plan, the customers' plans, and the feasibility of implementing conservation plant and programs for all users of water from the reservoir system. This report shall be submitted with the Certificate Holders annual water use report as provided by 31 T.A.C. §295.202. b. The Certificate Holders may reduce targeted Nueces Bay inflows during times of prolonged drought in accordance with this subparagraph 2. (1) When the combined storage in the Choke Canyon/Lake Corpus Christi reservoir system (Reservoir System Storage) falls below 50% of the total system storage capacity, the City of Corpus Christi shall issue public notice advising ' and informing the water users of the region of voluntary conservation measures that are requested immediately and required drought management measures to be taken should the Reservoir System Storage fall to under 40% and/or 30% of total system storage capacity. To the extent of its legal authority, the City of Corpus Christi shall require its wholesale customers to issue public notice advising and informing the water users ofthe region ofvoluntaryconservation measures that are requested immediately and required drought management measures to be taken should the Reservoir System Storage fall to under 40% and/or 30% of total system storage capacity. (2) In any month when Reservoir System Storage is less than 40 %, but equal to or greater than 30% of total system storage capacity, the City of Corpus Christi shall implement time of day outdoor watering restrictions and shall reduce targeted inflows to Nueces Bay to 1,200 acre -feet per month (1,200 acre-feet per month represents the quantity of water that is the median inflow. into Lake Corpus Christi during the drought ofrecord). Time of day outdoor watering restrictions prohibit lawn watering between the hours of 10:00 o'clock a.m. and 6:00 o'clock p.m. and are subject to additional conditions as described in the City of Corpus Christi's approved "Water Conservation and Drought Contingency Plan ("Plan")." To. the extent of its legal authority, the City of Corpus Christi shall require its wholesale customers to implement time of day outdoor watering restrictions similar to those of the City. Page 5 of 11 Effluent (Reclaimed Water) Supply for Irrigation User Agreement TCEQ Agreed Order EXHIBIT E Page 5of11 (3) In any month when Reservoir System Storage is less than 30% of total system storage capacity the City of Corpus Christi shall implement a lawn watering schedule in addition to time of day outdoor watering restrictions (see subparagraph 2.b.(2)). and shall suspend the passage of inflow from the Reservoir System For targeted inflows to Nueces Bay. However, return flows directed into Nueces.Bay and/or the Nueces Delta shall continue. The lawn watering schedule shall allow customers to water lawns no oftener every five days, subject to the time of day restrictions descried in subparagraph 2.b.(2) and any additional conditions as described in the City's Plan. (4) Certificate Holders' may implement whole or partial suspension of the passage of inflow through the reservoir as described above when the City implements, and requires its customers to implement, waterconservation and drought management measures at diminished Reservoir System levels, as set tbrth in subparagraphs b.(2) and b.(3). c. For purposes of this Agreed Order, Reservoir System storage capacity shall be determined by the most recently completed bathymetric survey of each reservoir. As of 2001, completed bathymetric surveys of each reservoir reports conservation storage capacities of 695,271 acre -feet (below 220.5 feet mean sea level) for Choke Canyon Reservoir (Volumetric Survey of Choke Canyon Reservoir, TWDB September 23,1993) °and 241,241 acre -feet (below 94 feet mean sea level) for Lake Corpus Christi (Regional Water Supply Planning Study- -Phase I Nueces River Basin, HDR, December, 1990). d. Percentage ofthe Reservoir System capacity shall be determined on a daily basis and shall govern, in part, the inflow to be passed through the reservoir during the remaining days of the month. e. With the first ten days of each month, the City of Corpus Christi shall submit to the Commission a monthly report containing the daily capacity ofthe Reservoir System in percentages and mean sea levels as recorded for the previous month as well as reservoir surface areas and estimated inflows to Lake Corpus Christi assuming no impoundment of inflows at Choke Canyon Reservoir. The report shall indicate which gages or measuring devices were used to determine Reservoir System capacity. and estimate inflows to Lake Corpus Christi. f. Concurrent with implementing subparagraphs 2.b.(1) through 2.b.(3), the City shall proceed to: 1. Acquire land rights to properties necessary to re -open the Nueces River Overflow Charnel andmakc the Nueccs River Overflow Channel and Rincon Bayou Overflow Channol permanent features ofthe Rincon Bayou Diversion; _Page 6of 11 Effluent (Reclaimed Water) Supply for Irrigation User Agreement TCEQ Agreed Order EXHIBIT E Page 6of11 2. Construct and operate a conveyance facility to deliver up to 3,000 acre-feet per month of required Reservoir System "pass »throughe" directly from the Calallen Pool into the Upper Rincon Bayou by use of one or two of the five authorized points of diversion under Certificate of Adjudication No 2464, being the existing San Patricio Municipal Water District point of diversion and/or: a point on the North bank of the Calallen Pool hosted: at Latitude 27.8823°N, Longitude 97.6254°W, also bearing S 27° 24' W, 4,739 feet from the southwest comer of the J.H.W. Ottman Survey, Abstract No, 212, San Patricio. County, Texas, where the water will be pumped at the maximum rate of 45,000 gprn; and 3. Implement an on -going monitoring and assessment program designed to tircilitate an "adaptive management" program for freshwatertnflows into the Nueces Estuary. 4. Construction necessary to implement subparagraph 2.f.1. shall be accomplished by December 31, 2001 and work necessary to accomplish subparagraph 2.f.2. shall be accomplished by December 31, 2002. 5. In the event the City fails to timely complete the work set forth in subparagraphs 211. and 2.6., this amendment shall automatically terminate and the provisions of the Agreed Order of April 28, 1995 shall be reinstated and become operative despite this amendment, unless the Executive Director grants a Modification after considering the recommendations of the Nueces Estuary Advisory Council. g. The Executive Director is delegated authority to make modifications to subparagraph► 2,f., aforconsideringthe recommendations of the Nueces Estuary AdvisoryCouncii. However, changes may be made through this process only with the City's consent if the changes result in increased costs to the City. If the Executive Director makes modifications to subparagraph 2.f as authorized in this paragraph, any 'affected person may file with the chief clerk a motion for rsconsideradon of the Executive Director's action no later than 23 days after the date the Executive Director mails notice ofthe modification to the City. This motion shall be considered under the provisions of 30 Teas Administrative Code § 50.39(d) and (e):. h. The City shall obtain all necessary permits from the Commission before beginning these projects. The deadlines set out above include time necessary to apply for, process and, if necessary, complete hearings on these permits. 3. a. The City of Corpus Christi, with the assistance and/or participation of federal, state and local entities, shall maintain a monitoring program to assess the effect of this Page 7 of 11 Effluent (Reclaimed Water) Supply for Irrigation Uaer Agreement TCEQ Agreed Order EXHIBIT E Page 7 of 11 - -. - -. _■••••• __. _- .seem operating plan on Nueces Bay. The cornerstone of this program is the development of a salinity monitoring program. The pmgram shall include at least two monitoring stations, one in upper Nueces Bay (Lat. 27°51'02", Long. 97°28'52") and one in mid pTtieces Bay (Lat. 27 °51'25 ", Long. 97 °2528 ") with the capability of providing continuous salinity and/or conductivity data, temperature, pH, and dissolved oxygen levels. Additional stations may be established at the recommendation of the Advisory Council (continued by paragraph 4 of this Agreed Order) to assess inflow effects throughout the estuarine system, but the City shall not be obligated to • establish such additional stations except to the extent authorized by its City Council. b. The City of Corpus Christi or its designated representatives shall monitor salinity levels in Upper and Mid•Nueces Bay. The lower (SLB) and upper (SUB) salinity bounds (in parts per thousand-ppt) developed for application of the Texas Estuarine Mathematical Programming Model and considered appropriate for use herein, are as fellows: SLB SUB SLB SUB January 5 30 July 2 25 February 5 30 August 2 25 March • 5 30 September 5 20 April • 5 30 October 5 30 May 1 20 November 5 30 June 1 20 December S 30 a. When the average salinity for the third week (the thin! week includes the seven days from the 15th through 21st) of any month is at or below the subsequent month's established SLB for upper Nueces Bay (Lat. 27°51'02", Long. 97°28'521, no releases from the Reservoir System to satisfy targeted Nueces Bay inflow mounts shall be required for that subsequent month. d. All data collected as a result of the monitoring program required by paragraph.3 of this•Agreed Order shall be submitted monthly to the Commission within the first ten days of the immediately following month. The Nueces Estuary Advisory Council shall study the feasibility of developing a method of granting credits for inflows which exceed the required amounts to replace the credits that are set out in subparagraph 1.e.(1) and make recommendations to the Commission for possible implementation. That method shall have as its goal the maintenance of the proper ecological environment and health of related living marine resources and the provision of maximum reasonable credits towards monthly inflow requirements. 4. a. To assist the Commission in monitoring implementation of this Order and making recommendations to the Commission relating to any changes to this Agreed Order and the establishment of future operating procedures, the Nueces Estuary Advisory Page 8 of 11 Effluent (Reclaimed Water) Supply for irrigation User Agreement TCEQ Agreed Order EXHIBIT E Page 8 of 11 Council shall be continued. Its members shall include, but are not limited to a qualified representative chosen by each of the following entities or groups: the Executive Director ofthe Texas Natural Resource Conservation Cornmlasion, whose representative shall serve u chairthe Texas Water Development Board; the Texas Parks and Wildlife Department; the Texas Department of Health; the General Land Office; the holders of Cettifioate of Adjudication No. 21 -3214 (the Cities of Corpus Christi and Three Rivers and the Nueees River Authority; the University of Texas Marine Science Institute; Texas A&M University - Corpus Christi; Save Lake Corpus Christi; Corpus Christi Chamber of Commerce; the City of Mathis; Coastal Bend Bays and $stuades Program, Inc.; a commercial bay fishing group; a conservation group (e.g the Sierra Club and the Coastal Bend Bays Foundation); wholesale water suppliers who are customers of the Certificate Holders (e.g., the South Texas Winter Authority and the San P.atrioio Municipal Water District); the Port of Corpus Christi Authority; and a representative of industry. The representatives should have experience and knowledge relating to current or fbture water use and management or environmental and economic needs of the Coastal Bend area. b. o modification shall be made to this Order without the unanimous consent of the Certificate Holders, except to the extent provided by law. o. Matters to be studied by the Nueces Estuary Advisory Council and upon which the Executive Director shall certify recommendations to the Commission shall include, but are not limited to: (1) the effectiveness of the inflow requirements contained in this Agreed Order on Nueces Estuary and any recommended changes; (2) the effect of the releases from the Reservoir System upon the aquatic and wildlife habitat and other beneficial and recreational uses of Choke Canyon Reservoir and Lake Corpus Christi; (3) the development and implementation of a short and longterm regional water management plan for the Coastal Bend Area; (4) the salinity level to be applied in Paragraphs 1.e. and 3.c., at which targeted inflows in the subsequent month may be suspended; (5) the feasibility of discharges at locations where the increased biological productivity justifies an inflow credit computed by multiplying the amount of discharge by a number greater than one; and development of a methodology for granting credits for inflows which exceed the required amount to replace the credits that are set out in subparagraph 1.e. That methodology shall have as its goal the maintenance of the proper ecological. Page 9 of 11 Effluent (Reclaimed Water) Supply for Irrigation User Agreement TCEQ Agreed Order EXHIBIT E Page 9 of 11 environment and health of related living marine resources and the provision of tnaxirnum reasonable credits towards monthly inflow requirements; and, (6) any other matter pertinent to the conditions contained in this Agreed Order. _ page 10 of 11 Effluent (Reclaimed Water) Supply for Irrigation User Agreement TCEQ Agreed Order EXHIBIT E Page 10 of 11 5. This Agreed Order shall remain in effect until amended or superseded by the Commission. Isueddate: APR 0 5 2001 TEXAS NATURAL RBSOtrRCB CONSERVATION COMMISSION Page 11 of 11 Effluent (Reclaimed Water) Supply for Irrigation -User Agreement TCEQ Agreed Order EXHIBIT E . Page 11 of 11 EXHIBIT F MEMORANDUM OF AGREEMENT AMONG THE VETERAN'S LAND BOARD OF THE STATE OF TEXAS AND NUECES COUNTY AND THE CITY OF CORPUS CHRISTI (20 PAGES) Memorandum of Agreement (MOA) attached here Effluent (Reclaimed Water) Supply for Irrigation User Agreement General Land Office/ Veteran's Land Board EXHIBIT F MEMORANDUM OF AGREEMENT AMONG THE VETERANS' LAND BOARD OF THE STATE OF TEXAS AND NUECES COUNTY AND THE CITY OF CORPUS CHRLSTI VLB CONTRACT No. 09- 052- 000 -3409 THIS MEMORANDUM OF AGREEMENT (the "Memorandum") is made and entered into by and among the Veteran's Land Board of the State of Texas (the "VLB "), Nueces County, Texas (the "County "), and the City of Corpus Christi (the "City "), Nueces County, Texas. WHEREAS, the 77th Texas State Legislature (the "776' Legislature ") enacted legislation to authorize the VLB to operate and maintain up to seven (7) veterans' cemeteries ( "State Veterans' Cemeteries ") throughout the State of Texas; and WHEREAS, the citizens of the State of Texas passed a constitutional amendment on November 6, 2001, to authorize funding for the planning, design, operation, maintenance, enlargement, or improvement of State Veterans' Cemeteries; and WHEREAS, the 77(1 Legislature established the Texas State Veterans' Cemeteries Committee (the "Committee ") that is required to establish the guidelines for the location and size of the State Veterans' Cemeteries, including site selection and eligibility requirements for burial in such cemeteries; and WHEREAS, the VLB will apply to the United States Department of Veterans Affairs (the "USDVA ") for grants under the State Cemetery grants program to provide federal funds for the cost of building the infrastructure of State Veterans' Cemeteries at locations selected by the Committee; and WHEREAS, state law prohibits expenditure of public funds for site acquisition for a State Veterans' Cemetery; and WHEREAS, the Committee, through a request for proposal for donation of suitable land for one or more Texas State Veterans' Cemeteries issued March 10, 2004 (the "RFP "), which is incorporated herein by reference, sought proposals from interested communities and entities throughout the State for the Location and establishment of one or more State Veterans' Cemeteries; and WHEREAS, on October 27, 2005, the Committee met and conditionally approved the site submitted by the County in its response to the RFP for potential submission for the USDVA's consideration for the location and establishment of a State Veterans' Cemetery during the VLB's 2009 Fiscal Year; and VLB Contract No. 09- 052 -000 Effluent (Reclaimed Water) Sjpply for Irrigation UfertAigiobbment General Land Olii4ei laieterarr's Land fgarc; EXHIBIT F a.. • • • • ' Page 1 of 20 WHEREAS, the County will enter into a Purchase (Donation) Agreement with Flint Hills Resources, L.P. (FHR) to acquire the site submitted by the County in its response to the RFP for purposes of transferring it to the State for construction and maintenance of a veteran's cemetery; NOW THEREFORE, in consideration of the benefits to the State of Texas and to the veterans therein, the VLB, the County, and the City enter into this Memorandum and agree to the following terms and conditions for the conveyance of the site submitted by the County in its response to the RFP for a State Veterans' Cemetery, and the acceptance of that donation by the VLB: 1. Upon its acquisition by the County, the County agrees to convey to the State of Texas, by and through the VLB, all right, title, and interest in and to the Surface Estate of a tract of land containing approximately 54.837 acres of land situated in the County of Nueces, Texas (the "Proposed Cemetery Site" or "Site "), being a plat showing the survey of 54.837 acre tract comprised of the following tracts of land being more or less out of a 2.158 acre tract recorded in Document No. 2004035681, Official Public Records of Nueces County, Texas, and out of a 34.19 acre tract recorded in Volume 2130, Page 84, Deed Records of Nueces County, Texas, and out of a 54.91 acre tract recorded in Volume 1713, Page 102, Deed Records of Nueces County, Texas, and also out of a 40 acre tract recorded in Volume 1810, page 224, Deed Records of Nueces County, Texas, and this tract being out of Desiderio Martinez Survey 420, A -857, and Pedro Hinojosa Survey, A -850, Nueces County, Texas, and better depicted on Exhibit A, the metes and bounds description and survey, attached hereto and incorporated herein for all purposes. Full legal title to the Proposed Cemetery Site described above shall be conveyed to the state of Texas, by and through the VLB, by the County, upon acquisition of the property from FHR, by way of a special warranty deed in a form agreed to by the parties and incorporated herein for all purposes as Exhibit B. Such conveyance shall occur within thirty (30) days of receipt of a written request from the VLB. The Parties acknowledge that approximately 4.289 acres of the property to be conveyed will be designated in the proposed special warranty deed as a "no gravesite area." 2. The County shall provide, through San Jacinto Title Services of Corpus Christi, L.L.C. (the "Title Company "), an owner's policy of title insurance covering the Proposed Cemetery site, in an amount equal to the value of the Cemetery Site as determined by an appraisal of the property for use as a cemetery. The County shall pay the cost of the title policy and deliver the policy to the VLB on the date of conveyance of the Proposed Cemetery Site. In addition, the County has provided to the VLB a title commitment for the Proposed Cemetery Site, together with copies of any and all instruments referred to in Schedules B and C of the Title Commitment. Schedule B of that Commitment, to which reference is hereby made, excludes from coverage several items consisting primarily of mineral leases and easements. 3. The County represents and warrants that the Proposed Cemetery Site is within the extraterritorial jurisdiction of the City and shall provide to the VLB, within thirty (30) days of the effective date of this memorandum, the Global Positioning System - derived coordinates in state plane for the northwesterly surveyed property corner of the Proposed Cemetery Site. 4. The VLB acknowledges that the County will acquire and transfer the Surface Estate only to the Proposed Cemetery Site. 5. The City will provide a pumping system and pipeline to the Proposed Cemetery Site VLB Contract No. 09- 052 -000 Effluent (Reclaimed Water) Supply for Irrigation btageAgefErement General Land O(t e; tteterart's`tend aqartt. EXHIBIT F d`.: • .•* ; • Page 2 of 20 to provide Type It reclaimed water for irrigation purposes, at no cost to the VLB. The City will not charge for the reclaimed water, but the quantity will be limited to an average of 50,000 gallons per day at a minimum of 70 gallons per minute, delivered to the boundary of the Proposed Cemetery Site. The Parties acknowledge that this volume of water is subject to seasonal use fluctuations. For example, during winter (usually a time of low demand) the volume of use will usually be reduced to substantially less than 50,000 gallons per day. In Summer (usually a time of peak demand) however, the volume will increase to around 100,000 gallons per day. The VLB shall notify the City when starting construction of the State Veterans' Cemetery, and the City will deliver the pipeline to the boundary of the site within twelve (12) months of such notice. 6. The City will allow connection to an existing 16 -inch water line adjacent to the Proposed Cemetery Site in Carbon Plant Road for domestic and fire water purposes. The City hereby confirms that there is adequate fire flow at the water line. The City agrees to install fire hydrants in the right -of -way areas adjacent to the property, if such hydrants are required by the City's Fire Marshal. Fees for setting a meter and for water consumption will be standard City rates. If a fire line is required on -site, the line will be built by the VLB. 7. The County will allow an on -site treatment system built by the VLB, provided the system meets all provisions of Texas Health and Safety Code, Chapter 366, On -Site Sewage Disposal Systems. 8. The County provided to the VLB letters from American Electric Power (AEP) and AT &T regarding the availability of electrical and communication services. 9. The City represents that non - public infrastructure (e.g., VLB -owned buildings, streets, drainage, and utilities that are built on -site) plan reviews and building permits will not be required. The City will not conduct any inspections of the non - public infrastructure improvements. 10. The Proposed Cemetery Site is within the extraterritorial jurisdiction limits of the City. The City will use its best efforts to annex the Site into the City of Corpus Christi, pursuant to Section 43.028 of the Texas Local Government Code. Such annexation procedure will commence upon transfer of the Proposed Cemetery Site to the VLB. Neither platting nor zoning will be required. 11. The City agrees to provide the VLB notice and an opportunity to provide written comments regarding any proposed development, zoning, and/or platting for the adjacent City tract. 12. The County agrees to provide and install six foot (6') high chain link fences on the north and north -east sides of the Site at no cost to the VLB. Fence will be installed prior to commencement of construction. The VLB shall notify the County when starting construction of the proposed cemetery, and the County will provide the fence within five (5) months of receiving such notice. 13. The County agrees to fulfill and/or abide by all other representation, commitments, and offers set forth in the County's Response to the RFP, which are incorporated herein in their entirety by reference for all purposes. In addition, all Exhibits to this Memorandum are incorporated herein for all purposes. VLB Contract No. 09- 052 -000 Effluent (Reclaimed Water) Supply for Irrigation UfteeAgfertement General Land OEfiseL ttetera 's L nd Board. EXHIBIT F .11 • • Page 3 of 20 14. The VLB will use its best efforts to begin construction of the Proposed State Veteran's Cemetery within five (5) years of the date of conveyance of the Site by the County, and continue with due diligence until the completion of such facilities and improvements, on or before two (2) years after commencement. Failure to commence and continue bona fide construction activities as described above on the Proposed Cemetery Site will subject the property to automatically revert back to the County without the necessity of re- entry, and the conveyance will be of no further force and effect. 15. The County agrees to pay all closing costs and expenses. 16. The Parties acknowledge that if the property conveyed herein or any part thereof is not acceptable by, or ceases in any particular or reason whatsoever to be acceptable to, the VLB in its sole discretion for the purposes indicated herein, the title to the property conveyed hereby shall upon notice of such unacceptable condition in duly recordable form to the County, automatically revert to the County. 17. The parties acknowledge further that the County hereby agrees to assign and transfer to the VLB any covenant of FHR, a Delaware Limited Partnership, to indemnify and hold harmless the County, its successors or assigns, from any and all liabilities, claims, demands and expenses of any kind or nature not the obligation of the County arising or accruing prior to the date of closing, and which are in any way related to the ownership, maintenance, or operation of the subject property by FHR or its affiliates, and all reasonable expenses related thereto including, without limitation, litigation costs and attorneys' fees, but not including any matter to the extent caused by the negligence or legal fault of the County or its employees or agents, or any matter relating to the pre - closing inspections for the Property by the County or its agents hereunder. 18. The County further agrees to assign any /all environmental remediation obligations provided by FHR. The proposed environmental remediation obligations of FHR are as follows: (1.) As used herein, the term "Pre - Closing Contamination" shall mean soil and/or water environmental contamination (if any) on or about the Property to the extent, and only to the extent, that (i) such contamination existed as of Closing; (ii) such contamination requires remediation under applicable law; and (iii) such contamination was caused by or arose out of the activities of FHR (or FHR's predecessors) on or in the vicinity of the Property, and was not caused or materially aggravated by the County or County's successors or assigns. (ii.) From and after Closing, FHR shall retain responsibility (as between Flint Hills and the County) for remediating Pre - Closing Contamination in accordance with applicable law. The State agrees to environmental remediation, as follows, if the Property is re- conveyed or reverts to the County. (i.) As used herein, the term "State's Contamination" shall mean soil and/or water environmental contamination (if any) on or about the Property to the extent, and only to the extent, that (i) such contamination existed as of the effective date of such reconveyancc or reversion of the Property to the County (the VLB Contract No. 09- 052 -000 Effluent (Reclaimed Water) Supply for Irrigation (NF g- -ement General Land Office / Vhtec&h's Lai d`t3bard.`• ' •EXHIBIT F • �' • • e Page 4 of 20 "Reconveyance or Reversion Closing Date "); (ii) such contamination requires remediation under applicable law; and (iii) such contamination was caused by, or arose out of, the activities of the VLB on or in the vicinity of the Property, and was not caused or materially aggravated by FHR or its predecessors, successors, or assigns. (ii.) From and after the Reconveyance or Reversion Closing Date, the VLB shall retain responsibility (as between the VLB and the County) for remediating the VLB's Contamination in accordance with applicable law. 19. The County and the VLB agree to enter into an Indemnification Agreement prior to Closing for purposes of setting out indemnification assignment and environmental remediation obligations of the respective parties as described in paragraph 18 above. This Memorandum shall be effective upon the date executed by the last party. The VLB may terminate this Memorandum immediately upon written notice to the County if: (i) the Proposed Cemetery Site is not approved by the USDVA for the location and establishment of a State Veterans' Cemetery; or (ii) if at any time prior to the commencement of operation of the Proposed Cemetery Site as a Texas State Veteran's Cemetery, it is discovered or determined, in the sole discretion of the VLB, that the site is not suitable for such purpose. This Memorandum may be amended only by written agreement of the parties. SIGNATURE PAGE FOLLOWS VLB Contract No. 09- 052 -000 Effluent (Reclaimed Water) Supply fot (rrigatiQn areA4Mement General Land Office/ Itett6Z's Lanii Beard EXHIBIT F • • • • ae • a • Page 5 of 20 SIGNATURE PAGE TO VLB CONTRACT No. 09- 052 -000 MEMORANDUM OF AGREEMENT FOR LAND DONATION FOR STATE VETERANS' CEMETERY IN CORPUS CHRISTI, TEXAS VETERANS LAND BOARD Y L. LAINE, CHIEF CLERK/ DEPUTY LAND COMMISSIONER Date of execution: PAUL E. MOORE EXECUTIVE SECRETARY Approved: NUECES COUNTY, TEXAS SAMUEL LOYD NEAL, JR. NUECES COUNTY JUDGE Date of execution,/'' __61/ Approved By: Diana Barrera Nueces County Clerk CITY OF CORPUS CHRISTI ,CITY MANAGER Ai,jgR.eSCoIx,r ate of execution: £% (16 0? l+`2 00T-,Z50.. AUTIi °RIM) IT MUNCH_ ... SECRETARY . ATTEST. AFINIANDO CHAPA CITY SECHET?,R" Effluent (Reclaimed Water) Supply for. Irrigatioq.User Agreement General Land OfficeMetertn's i n i. oarfl s EXHIBIT F ' :. = ' ' Page 6 of 20 EXHIBIT "A" 45943 METES AND BOUNDS DESCRIPTION OF A 54.837 ACRE TRACT Being 54.837 acres of land, more or less out of a 2.158 acre tract recorded in Document No. 2004035681, Official Public Records of Nueces County, Texas, and out of a 34.19 acre tract recorded in Volume 2130, Page 84, Dad Records of Nueces County, Texas, and out of a 54.91 acre tract recorded in Volume 1713, Page 102, Deed Records of Nueces County, Texas, and also out of a 40 acre tract recorded in Volume 1810, Page 224, Deed Records of Nueces County, Texas, and this tract being out of Desidcrio Martinez Survey 420, A -857, and Pedro Hinojosa Survey, A -850, and this 54.837 ace tract being more particularly described by metes and bounds as follows: Beginning at a found 5B -inch iron rod for the southeast comer oft is tract and said 34.19 acre tract, said corner also being the southwest comer of a 1.17 acre tract recorded in Volume 1810, Page 224, Deed Records of Nueces County, Texas, and said comer being on the north right - of-way line of Interstate Highway 37; Thence N 59 -22 -23 W with the south boundary of this tract and said 34.19 acre tract, the same being the north right -of -way line of 1.1-1.37, 67.14 feet, to a found broken concrete monument for a corner of this tract; Thence N 57.04.52 W and continuing with the south boundary of this tract and said 34.19 acre tract, the same being the north sight -of -way line of 1.11. 37, 1499.83 feet, to a found TxDot concrete monument with a brass disk for a comer of this tract; Thence N 53 -29 -10 W and continuing with the south boundary of this tract and said 34.19 acre tract, the same being the north right-of-way line of I.H. 37, 400.92 feet, to a found TxDot concrete monument with a brass disk for a comer of this tract; Thence N 47 -18 -22 W and continuing with the south boundary of this tract and said 34.19 acre tract, the same being the north right -of -way line of 1.H. 37, 256.03 feet, to the southwest corner of this tract, the same being the southeast corner of said 2.158 acre tract and said corner being the intersection of the north right -of -way line of I.H. 37 with the proposed east right -of- -way line of the Joe Fulton Trade Corridor; Thence N 15 -54-24 W with the west boundary of this tract and said 2.158 acre tract, the same being the proposed east right -of -way line of the Joe Fulton Trade Corridor, at 1.21 fat pass a found TxDot concrete monument with a brass disk, in all 138,00 het to a found TxDot concrete monument with a brass disk for a corner of this tract; Thence N 08 -52 -34 E with the west boundary of this tract and said 2.158 acre tract, the same being the proposed east right - of-way line of the Joe Fulton Trade Corridor, 120.00 feet, to a found TxDot concrete monument with a brass disk fora corner of this tract; Thence N 65 -11 -10 E with the west boundary of this tract and the proposed east right -of- way line of the Joe Fulton Trade Corridor and entering said 2.158 acre tract, 72.11 feet, to a found TxDot concrete monument with a brass disk for an inside corner of this tract, said corner being on the east boundary of said 2.158 acre tract; Thence N 05 -25 -57 E with the west boundary of this tract and the proposed east right -of- way line of the Joe Fulton Trade Corridor, at 151.33 feet leave said 34.19 acre tract and enter said 40 acre tract, at 293.33 feet leave said 40 acre tract and enter said 54.91 acre tract, in all 317.17 feet, to a set 5/8 -inch iron rod with cap for the northwest comer of this tract; Thence S 88 -44-26 E with the north boundary of this tract, at 820.80 feet leave said 54.91 acre tract and enter said 40 acre tract, in all 1 401.63 feet, to a set 5/8 -inch iron rod with cap for the north corner of this tract; Page 1 of 2 Effluent (Reclaimed Wptgr,. Supply iso, Irriiatjor,f./ser Agreement General Land OfficeY tPeMi r&'s band B a4 } EXHIBIT F . • • • Page 8 of 20 EXHIBIT "A" 45943 Thence S 34 -47 -58 E with the north boundary of this tract, 1186.18 feet, to a set 5/S -inch iron rod with cap for the northeast corner of this tract; Thence S 20 -59 -39 W with the east boundary of this tract, at 67.63 feet pass a found 5/8- inch iron rod being the northwest corner of said 1.17 acre tract • the same being the northeast corner of said 34.19 acre tract, in all 914.43 feet to the point of beginning and containing 54.837 acres of land, more or less. / Of Z 4P'4'1Sie •. •F•T GEORt1E RUItAI.t /ltt/l ti\ yACC Note: Hearings we State Plane Grid bearings. Page 2 of 2 Effluent (Reclaimed Wetr)« Supply for Irriga jor, User Agreement General Land Officel,VefretPri's 4anrPBgal '. EXHIBIT F Page 9 of 20 EXHIBIT A L\1WtgW *.k3N \OfUGry6C1WW-C -114.1 744/10 157:11 N WI V 4 h it r _ 0 54.837 ACRE TPIACT I 111ec ®Mf 'AND A YENS IQWDARY VEY tall FilmnsimMs 1M opwMLtnsY1111 1 M l a111/d M/ OW 1I 1 M yU/O 11017111101 wow Mlq Effluent (Reclaimed Water); Suppl+� los IrriiaVof&Jser Agreement General Land Office)eitym's I.anji► gprii EXHIBIT F ' +" ' +° a•* K. • • • •• Page 10 of 20 EXHIBIT "B" SPECIAL WARRANTY DEED STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES § WHEREAS, The Texas Legislature has authorized the Veterans' Land Board of the State of Texas to plan and design, operate, maintain, enlarge, or improve state Veterans cemeteries on land duly selected by the Veterans' Land Board of the State of Texas for such cemetery sites; and WHEREAS, Nueces County, a political subdivision of the State of Texas, has been duly selected by the Veterans' Land Board of the State of Texas to provide one such site for such use; and WHEREAS, Nueces County as Grantor is ready to make one such site available to the Veterans' Land Board of the State of Texas for the establishment within a reasonable time of a State Veterans Cemetery. NOW THEREFORE, Nueces County, acting by and through its duly authorized officials, ( "Grantor "), for and in consideration of the premises stated and the obligation of the Veterans' Land Board of the State of Texas, ( "Grantee "), hereby conveys to Grantee the SURFACE ESTATE ONLY of the following described tract of land, situated in Nueces County, Texas, to -wit: Being 54.837 acres of land, more or less out of a 2.158 acre tract recorded in Document No. 2004035681, Official Public Records of Nueces County, Texas, and out of a 34.19 acre tract recorded in Volume 2130, Page 84, Deed Records of Nueces County, Texas, and out of a 54.91 acre tract recorded in Volume 1713, Page 102, Deed Records of Nueces County, Texas, and also out of a 40 acre tract recorded in Volume 1810, Page 224, Deed Records of Nueces County, Texas, and this tract being out of Desiderio Martinez Survey 420, A -857, and Pedro Hinojosa Survey, A -850, and this 54.837 acre tract being more particularly described by metes and bounds as follows: Page 1 of 7 Effluent (Reclaimed Water) Supplx for Irrigation Llser Agretierpent General Land Office/ Veteran's fond Ejoprd, • „. EXHIBIT F ` " • • • Re o Page 12 of 20 Beginning at a found 5/8 -inch iron rod for the southeast corner of this tract and said 34.19 acre tract, said corner also being the southwest corner of a 1.17 acre tract recorded in Volume 1810, page 224, Deed Records of Nueces County, Texas, and said corner being on the north right -of -way line of Interstate Highway 37; Thence N 59 -22 -23 W with the south boundary of this tract and said 34.19 acre tract, the same being the north right -of- way line of I.H. 37, 67.14 feet, to a found broken concrete monument for a corner of this tract; Thence N 57 -04-52 W and continuing with the south boundary of this tract and said 34.19 acre tract, the same being the north right -of -way line of I.H. 37, 1499.83 feet, to a found TxDot concrete monument with a brass disk for a comer of this tract; Thence 53 -29 -10 W and continuing with the south boundary of this tract and said 34.19 acre tract, the same being the north right -of -way line of I.H. 37, 400.92 feet, to a found TxDot concrete monument with a brass disk for a corner of this tract; Thence N 47 -18 -22 W and continuing with the south boundary of this tract and said 34.19 acre tract, the same being the north right -of -way line of I.H. 37,256.03 feet, to the southwest corner of this tract, the same being the southeast comer of said 2.158 acre tract and said corner being the intersection of the north right -of -way line of I.H. 37 with the proposed east right -of -way line of the Joe Fulton Trade Corridor; Thence N 15 -54 -24 W with the west boundary of this tract and said 2.158 acre tract, the same being the proposed east right -of -way line of the Joe Fulton Trade Corridor, at 1.21 Page 2of7 Effluet (Reclaimed Water) Supply fonlrrigatipn,l,ISerAgreg ent General Land Office / Veteran's 1arrcJBpard • • EXHIBIT F • • • • ► • • Page 13 of 20 feet pass a found TxDot concrete monument with a brass disk for a corner of this tract; Thence N 08 -52 -34 E with the west boundary of this tract and said 2.158 acre tract, the same being the proposed east right -of -way line of the Joe Fulton Trade Corridor, 120.00 feet, to a found TxDot concrete monument with a brass disk for a corner of this tract; Thence N 65 -11 -10 E with the west boundary of this tract and the proposed east right -of -way line of the Joe Fulton Trade Corridor and entering said 2.158 acre tract, 72.11 feet, to a found TxDot concrete monument with a brass disk for an inside corner of this tract, said comer being on the east boundary of said 2.158 acre tract; Thence N 05 -25 -57 E with the west boundary of this tract and the proposed east right -of -way line of the Joe Fulton Trade Corridor, at 151.33 feet leave said 34.19 acre tract and enter said 40 acre tract, at 293.33 feet leave said 40 acre tract and enter said 54.91 acre tract, in all 317.17 feet, to set 5/8- inch iron rod with cap for the northwest corner of this tract; Thence S 88 -44 -26 E with the north boundary of this tract, at 820.80 feet leave said 54.91 acre tract and enter said 40 acre tract, in all 1401.63 feet, to a set 5/8 -inch iron rod with cap for the north corner of this tract; Thence S 34 -47 -58 E with the north boundary of this tract, 1186.18 feet, to a set 5/8 -inch iron rod with cap for the northeast corner of this tract; Thence S 20 -59 -39 W with the east boundary of this tract, at 67.63 feet pass a found 5/8 -inch iron rod being the northwest corner of said 1.17 acre tract the same being the northeast corner of said 34.19 acre tract, in all 914.43 feet to Etflugt (Reclaimed Water) Supply for IrrigatioWser Agreement General Land Office/ Veteran'siana Board ; the point of beginning and containing 54.837 acres of land, more or less. Note: Bearings are State Plane Grid bearings. This conveyance is made SUBJECT HOWEVER, to the following exceptions: All easements, reservations, restrictive covenants and use regulations shown as exceptions to coverage in Schedule B of the Commitment For Title Insurance furnished Grantee as part of the consideration for this conveyance, to the extent the same are valid and subsisting; and all matters that are revealed in the survey furnished to Grantee, receipt of which is acknowledged Such above - described property (subject to the exceptions stated or referred to above), together with all and singular the rights and appurtenances belonging in any way to such property, shall hereinafter collectively be referred to as the "Property ". 1. The Property is intended for use as a cemetery and has disclosed to Grantee any and all information known to Grantor and relevant to the intended use of the Property. Grantor specifically represents that it is not aware of any active oil, gas and /or mineral leases which are producing from beneath and under the surface of the land conveyed hereby that would interfere with the use of the surface of the Property as a cemetery. 2. Grantee accepts the Property in its "AS IS" condition, without representation or warranty from Grantor (except as expressly provided for herein). Grantee recognizes that the Property has been used by others for certain oil and gas exploration/ production activities and that various mineral leases are listed on the title commitment furnished on the property. Grantor has located various wells that had been plugged and abandoned; otherwise, no drilling or other mineral exploration operations were observed by the Grantor on the surface of the property. 3. In the event Grantor requires access to the Property after the date of this instrument for any reason relating to environmental conditions for which Grantor is responsible for remediating pursuant to applicable law, Grantee (on behalf of Grantee and its successors and assigns) here grants Grantor (and its contractors) reasonable access to the Property for such purposes, without charge. If in the future, any environmental conditions are discovered on the Property for which Grantor is responsible for remediating pursuant to applicable law, Grantee (on behalf of Grantee and its successors and assigns) hereby agrees to not seek to require Grantor to conduct remediation activities in excess of that required by applicable law. Grantee represents that it has conducted, at substantial expense, extensive environmental studies of the Property regarding its plans to utilize the Property as a cemetery. Page 4 of 7 Effluent (Reclaimed Water) Supply for Irrigation User Agreement General Land Office/ Veteran's Land Board.`• ••• • *00 • • • : • EXHIBIT F - °- ' • • • • Page 15 of 20 4. Use Restriction. Grantor and Grantee respectively covenant, represent and warrant as follows: (a.) (i.) The Property shall be used only as a cemetery and for related governmental purposes, and in no event shall the surface estate be used for single family dwellings, multiple family dwellings, hotels /motels, day care centers, educational facilities, churches (except in the case of a chapel for use in conjunction with the cemetery), social centers, hospitals, elder care facilities, and/ or nursing homes. In no event shall potable water wells be installed on the Property. (ii.) No gravesites shall be located on that portion of the Property indicated as the "No Gravesites Area" on the survey map attached hereto as Exhibit 1. (b.) The covenants, conditions and restrictions set forth in this Paragraph 4 shall apply to and bind each and every owner of any part of the Property and their respective heirs, devises, personal representatives, successors and assigns, and shall operate as a covenant running with the land and passing with the title to the Property and any part thereof. (c.) The covenants, grants and restrictions contained in this Paragraph 4 shall continue unless and until terminated by Grantor (or, if Grantor ceases to exist, by Grantor's successors or assigns) and Flint Hills Resources, LP (or, if Flint Hills ceases to exist, by Flint Hills Resources, LP's successors or assigns). Invalidation of any of the terms and conditions of these restrictions, whether by court order or otherwise, shall in no way affect any of the other terms and conditions, all of which shall remain in full force and effect. TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances in anywise belonging, unto the State of Texas, its successors and assigns forever, and Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND all and singular the said premises unto Grantee, the State of Texas, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by through, or under the Grantor but not otherwise, and subject to the exceptions stated herein. Automatic Reversion. Grantee, on behalf of Grantee and its successors and assigns, agrees that unless within five (5) years from date of this conveyance: (i.) the necessary governmental permits /approvals (if any) required for the use of the Property . as an official State Veterans' Cemetery have been procured, and (ii.) bona fide construction activities relating to a State Veterans' Cemetery have commenced on the Property then this conveyance shall be null and void and such premises shall absolutely revert to the Grantor, without necessity for suit or re -entry by the County of Nueces or Efffcf'EOf�fe�laimed Water) Supply for Irrigation User Agreement General Land Office / Veteran's Land Board �• ; 4... e • * . • EXHIBIT F • * * • • o • _ • _ • ♦ e • s • • a • Page 16 of 20 its successors. Upon beginning construction of the State Veterans' Cemetery, bona fide construction activity shall continue thereafter with due diligence, until the completion of such facilities and improvements on or before two (2) years after the date of such construction commencement, or the Property will automatically revert back to the County, without necessity of re- entry, and this conveyance will be of no further force and effect. In the event of such reversion or any reconveyance by the VLB: (i) Grantee will ensure that the surface of the Property (to the extent impacted by Grantee or its assigns) and any improvements thereon are in a reasonable safe and stable condition; (ii) Grantee will not allow any interest to attach that may adversely impact title in the event of reversion or reconveyance to Grantor; (iii) Grantor will grant Grantee access rights of the same type and for the same purposes as Grantee granted to Grantor in Paragraph 3 above; and (iv) the parties will reasonably cooperate in drafting, executing, and recording (upon the request of either party) a document that would provide record notice of such reversion or reconveyance. IN WITNESS WHEREOF, the County of Nueces has caused these presents to be signed by its duly authorized County Judge, and attested by it duly authorized County Clerk, at Corpus Christi, 4 Nueces County. Texas, this £ day of ACCEPTED: THE STATE OF TEXAS ON BEHALF OF THE VETERANS LAND BOARD NUECES COUNTY, TEXAS ?i, 2008. PATTERSON MMISS ONER, GENERAL LAND OFFICE Chairman, Veterans Land Board Date of execution: Q 1 i t IOT PAUL E. MOORE EXECUTIVE SECRETARY Veterans' Land Board �/f� Contents Legal CJ� Deput b • ^' t f ia. SAMUEL LOYD NEAL, JR. NUECES COUNTY JUDGE Date of execution: "A°" Y . ATTEST: � �9 Ms. Diana T. Barrera NUECES COUNTY CLERK Effiel6fitlf72eclaimed Water) Supply for Irrigation User Agreement General Land Office / Veteran's Land Board." • •• • • *; • •t EXHIBIT F • • ' • • • • ; • • ; Page 17 of 20 STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned, a notary public in and for said County and State, on this day personally appears SAMUEL LOYD NEAL, JR., known to me to be the person and officer whose name is subscribed to the foregoing instruments and acknowledged to me that the same was the act of the said County of Nueces, State of Texas, and that he executed the same as the act of such County for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN under my hand and seal of office this, the y day of t±1 , 2008. Notary Pubic, Nueces County, Texas VICKI KEACH NOTARY PUBLIC STATE OF 11`XAS �P. My C.ort missioh Exples, Effluenr.e8iaimed Water) Supply for Irrigation User Agreement General Land Office / Veteran's Land Board • • • • ` °: .'. • • EXHIBIT F ♦ • • • ' • • -• • • s • • • • a • & • ♦ a • • ♦ a Page 18 of 20 EXHIBIT "1" METES AND BOUNDS DESCRIPTION OF SITE'A' Being 4.289 acres of land, more or less, referred to as Site 'A' and being out of a 54.837 acre tract, said 54.837 acre tract being out of a 2.158 acre tract recorded in Document No. 2004035681, Official Public Records of Nueces County, Texas, and out of a 34.19 acre tract recorded in Volume 2130, Page 84, Deed Records of Nueces County, Texas, and out of a 54.91 acre tract recorded in Volume 1713, Page 102, Deed Records of Nueces County, Texas, and also out of a 40 acre tract recorded in Volume 1810, Page 224, Deed Records of Nueces County, Texas, and being out of Desiderio Martinez Survey 420, A- 857, and Pedro Hinojosa Survey, A-850, and this 4.289 acre tract being more particularly described by metes and bounds as follows: Beginning at the southeast corner of this tract, said coma being on the south boundary of said 54.837, the same being the north right -of -way line of Interstate Highway 37, and said confer bearing N 59 -22 -23 W, 67.14 feet, N 57 -04-52 W, 1338.92 feet, from a found 5/8 -inch iron rod for the southeast corner of said 54.837 acre tract and said 34.19 acre tract, the same being the southwest center of a 1.17 acre tract recorded in Volume 1810, Page 224, Decd Records ofNueccs County, Texas; Thence N 57 -04 -52 W with the south boundary of this tract and said 54.837 acre tract, the same being the north right -of -way line of 11137, 160.91 feet, to a found TxDOT concrete monument with a brass disk for a comer of this tract; Thence N 53 -29 -10 W and continuing with the south boundary of this tract and said 54.837 acre tract, the same being the north right -of -way line of 11137, 327.35 feet, to the southwest corner of this tract; Thence entering said 54.837 acre tract and leaving said right -of -way line, North, 213.35 feet, to the northwest corner of this tract; Thence N 81 -01 -39 E with the north boundary of this tract, 384.71 feet, to a corner of this tract; Thence East with the north boundary of this pact, 80.00 feet, to the northeast corner of this tract•, Thence South with the east boundary of this tract, 460.00 feet, to a corner of this tract; Thence S 32 -55 -07 W with the east boundary of this tract, 114.37 feet, to the point of beginning and containing 4.289 acres of land, more or less. Effluent (Reclaimed Water) Supply for Irrigation User Agreement •General Land Office/ Veteran's Land Board ••• • ••• ¢ • - • • EXHIBIT F • • . ° • • • • • o • • • • 4 0 S. Page 19 of 20 c \yr AIN forAI V 4 t4 L\Maq4o -jury 000011 45/21 P1 aI 1 1 EXHIBIT 1 .,, i i� .'i +i -- t 1[q „ ,t; // >a It d p$x ` MMR K 1 \ \\ I }g r \ \\ 1 ;r 1 r \\ \ of 4 \\ 1 \\ \\ o a \\ 1w ii 0 u1 w 1 1 1 1 • '1 I k I 54.037 ACRE TT ACT AND SITE 'A W- e MUMMY MET 41,-41t— Fat SEW 1.1_0 Effluent (Reclaimed Water) Supply for Irrigation User Agreement General Land Office/ Veteran's Land Board . 4 • " f • " EXHIBIT F • • 4 • w . < °" • � 4id — y a1TS Page 20 of 20 AGENDA MEMORANDUM for the City Council Meeting of August 14, 2012 DATE: TO: FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com, (361) 826 -3729 July 30, 2012 Ronald L. Olson, City Manager Michael Morris, Director of Parks and Recreation michaelmo @cctexas.com, (361) 826 -3464 Approval of Resolution: Multiple Use Agreement with Texas Department of Transportation (Billings and Clem's boat ramps and parking lot project) CAPTION: Resolution authorizing the City Manager, or designee, to execute a Supplemental Agreement to the Master Multiple Use Agreement with the Texas Department of Transportation (TxDOT) for the Billings and Clems Parking Lot Improvements located within State right -of -way of Park Road 22 adjacent to the John F. Kennedy Memorial Causeway. PURPOSE: To determine respective responsibilities of the City of Corpus Christi and the State of Texas. BACKGROUND AND FINDINGS: The City of Corpus Christi has requested that the State of Texas permit repairs to the bulkhead, boat ramps and parking facilities with lighting, located within State right -of -way of Park Road 22 on the John F. Kennedy Memorial Causeway in Nueces County. The city currently leases this property from the Texas General Land Office. Repairs to the bulkhead and boat were completed in Fall 2011. Construction of Parking Lot Improvements is anticipated to start Fall 2012. ALTERNATIVES: No other alternatives were evaluated. OTHER CONSIDERATIONS: The State of Texas has indicated its willingness to approve such improvements and other uses as long as such improvements and uses are in the public interest and will not damage the highway facilities, impair safety, impede maintenance or in any way restrict the operation of the highway facility. C:AProgram Files \Granicus \Legistar5\ Packet \992_ City Council 7_31_2012 \0037_1_Memo - MUA w TXDOT Billings Clems.docx CONFORMITY TO CITY POLICY: Conforms to statutes regarding agreements between the State of Texas and municipalities. EMERGENCY / NON - EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Parks and Recreation 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: This project has been funded in part by a grant from the Texas Parks and Wildlife Department — Boating Access Grant, as well as through donations from other agencies including the Saltwater- fisheries Enhancement Association (SEA). RECOMMENDATION: City Staff recommend the approval of the Multiple Use Agreement with the Texas Department of Transportation. LIST OF SUPPORTING DOCUMENTS: Location Map C:AProgram Files \Granicus \Legistar5\ Packet \992 City Council 7312012 \00371Memo - MUA w TXDOT Billings Clems.docx File : \Mproject \councilexhibits \exh5243c.dwg LOCATION MAP NOT TO SCALE a. PROJECT # 5243 VICINITY MAP NOT TO SCALE BILLING'S AND CLEM'S MARINA BOAT RAMP REHABILITATION CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 Resolution authorizing the City Manager, or designee, to execute a Supplemental Agreement to the Master Multiple Use Agreement with the Texas Department of Transportation (TxDOT) for the Billings and Clems Parking Lot Improvements located within State right -of -way of Park Road 22 adjacent to the John F. Kennedy Memorial Causeway. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute a Supplemental Agreement to the Master Multiple Use Agreement with the Texas Department of Transportation (TXDOT), executed on March 2nd, 1979, for the Billings and Clems Parking Lot Improvements located within State right -of -way of Park Road 22 adjacent to the John F. Kennedy Memorial Causeway. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor C: \Program Files \Granicus \Legistar5 \Packet \992_City Council _7_31_2012 \0037_3_Resolution - MUA w TXDOT Billings Clems.docx 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 C: \Program Files \Granicus \Legistar5 \Packet \992_City Council _7_31_2012 \0037_3_Resolution - MUA w TXDOT Billings Clems.docx SUPPLEMENTAL AGREEMENT TO MASTER MULTIPLE USE AGREEMENT FOR BULKHEAD REPAIR, BOAT RAMP REPAIR AND PARKING FACILITIES WITH LIGHTING ON PARK ROAD 22 STATEOF TEXAS § COUNTY OF TRAVIS § This agreement supplements the previously executed Master Multiple Use Agreement for bulkhead repair, boat ramp repair and parking facilities with lighting on Texas Department of Transportation Right -of -Way within Nueces County dated the 2nd day of March_, 1 79, by and between the Texas Department of Transportation, hereinafter referred to as "State ", and the City of Corpus Christi, Texas, hereinafter referred to as the "City". The effective date of this Supplemental Agreement is that date on which the State affixed its signature. WITNESSETH WHEREAS, the City has requested the State to permit the repairs to the bulkhead, boat ramp and parking facilities with lighting, located within State right -of -way of Park Road 22 on the John F. Kennedy Memorial Causeway in Nueces County , and being more particularly described in the exhibits attached hereto and made a part hereof; and WHEREAS, the State is willing to approve the establishment of such repairs as evidenced by the State Highway Commission Minute Order Number 65169 and the City has complied with all conditions of State Highway Commission Minute Order 65169 by the execution of a Master Agreetent for Construction, Maintenance, and Operation of the bulkhead repair, boat ramp repair and parking facilities with lighting on Texas Department of Transportation right -of -way; and NOW, THEREFORE, Sidewalks, curb, ramps and other pedestrian elements to be constructed by the City shall be in accordance with the requirements of Title II of the American with Disabilities Act (ADA) and with the Texas Accessibility Standards (TAS). Elements constructed by the City and found not to comply with ADA or TAS shall be corrected at the entire expense of the City. The City shall submit the plans to the Texas Department of Licensing and Regulation (TDLR) for review and inspection. The City shall furnish TxDOT with a TDLR Certification of Substantial compliance for this project, and Page 1 of3 NOW, THEREFORE, TxDOT has made it a policy to be a proactive participant of the environment. It is the intent of this office, along with the City, to show a "good faith effort" with regards to this construction project and the prevention of any adverse effects to the environment during construction activities and NOW, THEREFORE, for all project - specific locations (PSI.'s) on or off the right of way (material sources, waste sites, parking areas, storage areas, field offices, staging areas, haul . roads, etc.), signing the Agreement certifies compliance with all applicable laws, rules and regulations pertaining to the preservation of cultural resources, natural resources, and the environment as issued by the following or other agencies: Occupational Safcty and Health Administration, Texas Commission on Environmental Quality (TCEQ), Texas Department of Transportation, Texas Historical Commission, Texas Parks and Wildlife Department, Texas Railroad Commission, U.S. Anny Corps of Engineers, U.S. Department of Energy, U.S. Department of Transportation, U.S. Environmental Protection Agency, U.S. Federal Emergency Management Agency, and the U.S. Fish and Wildlife Service and NOW, THEREFORE, it is understood that any uses contemplated under this Agreement is subject to the rights of the United States of America as described in that certain Spoil Disposal and Right-of -Way Easement Deed filed in the real property records of Nueces County, Texas on November 13, 1947 in Vol. 382, Page 307, Clerk's filing no. 250736. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and perfonned as set forth in the Master Agreement; the City is hereby granted permission for construction, maintenance and operation of the bulkhead repair, boat ramp repair and parking facilities with lighting on State right -of -way of Park Road 22 on the John F. Kennedy Memorial Causeway in Nueces County , Texas, as more particularly described in the attached exhibits, to wit: a) Exhibit A - site location b) Exhibit B - site foundation plan c) Exhibit C - plans and specifications d) Exhibit D - TxDOT Form No. 1560, Certificate of Insurance Pagc2of3 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City on the day of , 20 , and the State on the day of , 20 CITY OF CORPUS CHRISTI By: City Manager STATE OF TEXAS Certified as being executed for the purpose and effect of activating and /or carrying out the orders, established policies, or work programs heretofore approved by Texas Department of Transportation Commission under the authority of Minute Order No. 100002 By: Director, Maintenance Division APPROVAL RECOMMENDED: District Engineer Director, Design Division Page 3 of 3 San Patricio County NUECES BAY CORPUS CHRISTI BAY HWY 44 1.tl. 43 P(� o 4� \moo I / } fit VICINITY MAP NOT TO SCALE MARINA PARKING AREA REHABILITATION PROJECT# 5243 PREPARED BY URS CORPORATION 711 NORTH CARANCAHUA, SUITE 1620 CORPUS CHRIST?, TX 78475 PH: (361) 884 -7140 FAX: (36 ?) 888 -4169 BILLING'S BAIT STAND & CLEM'S MARINA 0428 s.P.1.a. CWPPUS TXTASTI, TEXAS PREPARED BY: URS ry1MOATCNSMNGUW nurc Ma COVVICH7411 Tw$M@ /IC O$NCSWI1 W OORf.SEOAp SW CITY of CORPUS CHRISTI TEXAS Deportment of Engineering Services MARINA PARKING AREA REHABILITATION CONSTRUCTION SITE VICINITY MAP EXHIBIT NO. 1 d h gi 1 4 II • PREPARED BY: 111 NOUNC.I3WKAusN,nm lao CORPUS CUE" nut ram PN Wnwasa iMOwnal410 !MOM: faXIN0.1168 C!TY of CORPUS CHRISTI TEXAS Deportment of Engineering Services 111 o sD eo , SCALE: ,•.eo KEY Ej AMATO BE PAVED MARINA PARKING AREA REHABILITATION SITE LAYOUT EX $c IT ND. &IMAMS 6uueeui6u3 )uewiiadep SVX3L 11SWH0 Sfldd03 .10 .110 W3f O110171'd y o1u4I trn 1aw 0 to :law 181916,6311011113 C111000 ofn 3nf»vn/rAlwwo 14=1 NOIJ.VJI1I9VH32I VMN ONIN lVd VNIUVV f01 MA M• AI•MA11 0011111.10 AM"M.1M 110110 II MOM AM 00004 AITMIM AYM•■O AWM I.rnMMt •priM 0110 — fult0111 A1lOMO1 AMOM AN Assn AO MWOIO :A9 0320id321d Ji1 AI• NO An 110 *111 1• M• All Jn1 MN 00 aT Am WA Wed 111 111 01 •1 T w+ b 1/ 01 m 01 01 0/•/011 —t rI I EN —I=1 rr" -71 ©© NMI 1:=1:2:11:=11M•111 w1=2=1Ell 0 wamo w1=1 ©0 ,. wl • ..Lr`a ©0 �1= =0 w=MI oMIME! GO MGM 1IIEMI © 11=1 1=1 MIMI w cm= ©© CM =MI G7® 1.r..1:/.::10• w rl =LEG= w., < I0 ©mom 111/11 .t1d w= oo =Ira I©0 w I1' 10 NMI • r.n.1r© =I=I=Man wI ©© wl • I l.r, 7ra © 1 0 NMI G2=31=1 OFft=7 © o �C=1=11=11111=M1 1=111==111 li9 0 w ®o© CZNIEZ=E BEM Ltia.Lc,.1 Ell © 00`,10'1 ©0 C71=3MINE wI=1=1 ©0 ®m0 E=11==1 = Mgt Mad we o® D n=11 cJMEN wO1EZZI:=1 ©MIi G7EI:=A ©ECM I M L I0 rao we r_r MOM wl�t=iMINN •l • r,.. I2/II0 1=1111=111=11MM 1111113 uri w L;Q;= 0 wr. L.,1L70 NNE L l7r 0 wl' , :.r. tp0 t =0 w L:.haa•J © 0 0mila+d • Exhibit D TXDOT Form 1650 — Certificate of Insurance To be provided pending award of construction contract. AGENDA MEMORANDUM Future Item for the City Council Meeting of July 31, 2012 Action Item for the City Council Meeting of August 14, 2012 DATE: July 17, 2012 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Interim Director, Department of Development Services MarkVV @cctexas.com (361) 826-3246 PUBLIC HEARING — CHANGE OF ZONING CCLEL Investments, Inc. (Case No. 0612 -01) Change from "RS -6" Single - Family 6 District to "CG -2" General Commercial District Property Address: 6210 South Padre Island Drive CAPTION: PUBLIC HEARING — ZONING Case No. 0612 -01: CCLEL Investments, Inc.: A change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District, resulting in a change of future land use from medium density residential to commercial. The property to be rezoned is a 2.30 -acre portion out of Lot 6, Section 13, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of South Padre Island Drive (SH 358) and east of Prince Drive. PURPOSE: The purpose of this item is to change the zoning district on property at 6210 South Padre Island Drive from Single - Family to General Commercial to allow for the construction of an auto dealership. RECOMMENDATION: Planning Commission and Staff Recommendation (June 20, 2012): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District. BACKGROUND AND FINDINGS: The purpose of this zoning change is to allow for the construction of an auto dealership on a 3.40 -acre tract of land with frontage on South Padre Island Drive. The area of request is for the rear 2.30 acres because the front 1.10 acres of the property is already zoned "CG -2" General Commercial. The proposed auto dealership will sell new cars and will have a showroom, service shop, and indoor auto parts storage. The service shop would not provide auto body repairs. The rear portion of the property is not proposed for development at this time. The subject property is undeveloped land. To the north of the subject property is vacant land zoned for single - family development. Located to the west is a low- density residential neighborhood with an auto parts store at the South Padre Island Drive (SH 358) frontage. Located to the east is a self- storage facility zoned "CG -2" General Commercial and vacant land zoned "RM -1" Multifamily 1. To the south of the subject property is a freeway (SH 358). To protect single - family uses, the Unified Development Code (UDC) requires that commercial uses provide a buffer yard and screening fence where adjacent to single - family uses. This development would require a 15- foot -wide landscaped buffer yard. The UDC also requires that any lighting not bleed into neighboring properties. ALTERNATIVES: 1. Approve other intermediate zoning classifications or a Special Permit; or 2. Deny the request altogether. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The requested change of zoning to the "CG -2" General Commercial District would not be consistent with the Future Land use Map, which designates the property for medium density residential uses. Other pertinent policies of the Comprehensive Plan call for encouraging infill development on vacant tracts of land within developed areas and buffering high- intensity commercial areas from low- density residential areas. EMERGENCY / NON - EMERGENCY: Staff is requesting an emergency reading. According to Article II, Section 14 of the City Charter, an item can be classified as an emergency because it calls for "immediate action necessary for the efficient and effective administration of the city's affairs ". This is a routine, non - controversial item. DEPARTMENTAL CLEARANCES: Planning and Legal 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 Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: 1. Aerial Overview 2. Zoning Report with Attachments 3. Ordinance with Exhibits ZONING REPORT Case No.: 0612 -01 HTE No. 12- 10000016 Planning Commission Hearing Date: June 20, 2012 Applicant & Legal Description Applicant /Owner: CCLEL Investments, Inc. / Leer Properties, Inc. Representative: Mark A. Adame Legal Description /Location: Being a 2.30 -acre portion of Lot 6, Section 13, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of South Padre Island Drive (SH 358) and east of Prince Drive. Zoning Request From: "RS -6" Single - Family 6 District To: "CG -2" General Commercial District Area: 2.30 acres Purpose of Request: For the development of an auto dealership for new auto sales. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single - Family Vacant Medium Density Residential & Commercial North "RS -6" Single - Family Vacant Medium Density Residential South "CG -2" General Commercial Vacant Commercial East "CG -2" General Commercial & RM -1 "Multifamily Vacant & Commercial Commercial & Medium Density Residential West "RS -6" Single - Family Low Density Residential Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located in the Southeast Area Development Plan (ADP) and is planned for commercial and medium density residential uses. The proposed change in zoning to the "CG -2" General Commercial District is not consistent with the adopted Future Land Use Map. Map No.: 041035 Zoning Violations: None Transport- ation Transportation and Circulation: The subject property has 165 feet of frontage along the access road of S. Padre Island Dr. (SH 358), which is an existing F1 Freeway as indicated in the Urban Transportation Plan. The subject property is located at the dead end of Winston Dr., a local residential street. The commercial development would not be allowed access to Winston Dr. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume 2011 S. Padre Island Dr. F1 Freeway 400' ROW, varied paved width 250' ROW, 230' paved width 4,342 ADT (Between Airline & Rodd Field) Zoning Report Case #0612 -01, CCLEL Investments, Inc. Page 2 Staff Summary: Requested Zoning: The applicant has requested a change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District on 2.30 acres of land. The subject property is located north of S. Padre Island Dr. and east of the single - family neighborhood and commercial uses on Prince Dr. This zoning change has been initiated for the development of an auto dealership for new auto sales. Applicant's Development Plan: The applicant proposes to construct an auto dealership on a 3.40 -acre tract of land with frontage on S. Padre Island Dr. The requested zoning change is for the rear 2.30 acres because the front 1.10 acres is already zoned "CG -2" General Commercial. The auto dealership will have a showroom, service shop, and indoor auto parts storage. The service shop would not provide auto body repair. The rear portion of the property is not indicated for development at this time. Existing Land Uses: The auto dealership is proposed on a 3.40 -acre site, which is currently vacant and has a combination of two different zoning districts: "CG -2" General Commercial on the front 1.10 acres and "RS -6" Single - Family 6 on the rear 2.30 acres. To the north of the subject property is vacant land zoned for single - family development. Located to the west is a low density residential neighborhood with an auto parts store at the S. Padre Island Dr. frontage. Located to the east is a self- storage facility zoned "CG -2" General Commercial and vacant land zoned "RM -1" Multifamily. Located to the south is the freeway (S. Padre Island Dr.) Buffer Yard: A minimum 15 -foot buffer yard would be required between the future auto dealership and the "RS -6" neighborhood on the west. A solid screening fence will also be required between the commercial and single - family districts. Building Height: Commercial buildings must be setback from single - family uses by a distance that is, more or less, twice the height of the building, without including the first twelve feet in the calculation. Comprehensive Plan & Area Development Plan (ADP) Consistency: The Future Land Use Map slates the subject property for medium density residential uses with commercial uses along the S. Padre Island Dr. frontage road. The proposed change of zoning to the "CG -2" General Commercial District on the rear 2.30 acres would not be consistent with the adopted Future Land Use Plan. Other pertinent policies of the Comprehensive Plan call for encouraging infill development on vacant tracts of land within developed areas and buffering high- intensity commercial areas from low- density residential areas. Plat Status: The subject property is not platted. Department Comments: • The applicant's site plan for development of the lot indicates that the very rear portion of subject property is not needed at this time for the construction of the auto dealership. • The Future Land Use Map slates the subject property for commercial uses along the highway frontage road and for medium density residential at the rear. The change of zoning to "CG -2" District would not be consistent with the plan for the rear portion of the property. • The Unified Development Code (UDC) requires that commercial uses provide a buffer yard and screening fence where adjacent to single - family uses. The UDC also requires that any lighting not bleed into neighboring properties. Zoning Report Case #0612 -01, CCLEL Investments, Inc. Page 3 Planninq Commission & Staff Recommendation (June 20, 2012): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District. Notification Number of Notices Mailed — 30 within 200' notification area; 5 outside notification area As of June 27, 2012: In Favor In Opposition For 3.87% in opposition. — 0 (inside notification area); 0 (outside notification area) — 3 (inside notification area); 0 (outside notification area) Attachments: 1. Site Map — Existing Zoning, Notice Area, & Ownership Map 2. Site Plan 3. Floor Layout 4. Exterior Building Elevations K: \DevelopmentSvcs \SHARED\ZONING CASES \0612-01 CCLEL Investments, Inc \0612 -01 Report for CC, CCLEL Investmts Inc, 6- 27- 12.doc RM -3 RM -AT R4M - 3 6/4/2012 Prepared By: jeremym Department of Development Services CASE: 0612 -01 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single - Family 10 RS -6 Single - Family 6 RS-4.5 Single - Family 4.5 RS -TF Two - Family RS -15 Single - Family 15 RE Residential Estate RS -TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on V Owners attached ownership table A in opposition m -o z •■ NVld 311S 11Vel3AO •■ 'Th1'0120•T''' 165 32. L. _ - 61.76170•7''' 165 a, 5 > ;' . . r,n • >1 l J CORPUS CHRISTI FIAT SOUTH PADRE ISLAND DRIVE SITE PLAN J ,-- CORPUS CHRISTI FIAT SOUTH PADRE ISLAND DRIVE CORPUS CHRISTI TEXAS DESIGNED BY DATE 07;13,012 ' DISCLAIMER THIS DRAWING AND ACCOMPANYING S P Es Col rEl CI AwTIONL SE cAtEAALNF,DR SoH Ap E LRL,R EolvF1 ATI NH ET H E ARCHITECT OF RECORD THEY MAY NOT BE REUSED REPRODUCED OR ALTERED IN MY WAY WITHOUT THE EXPRESSED WRITTEN CONSENT FROM THE ARCHITECT OF RECORD , --, J 0;1 4111, l , DWN 13,,, ,,,,t,sr CHIC 131;m•er SOLICITATION NO CONTRACT NO TURNER t RAMIREZ ARCHITECTS & PLANNERS 5525 S STAPLES SUITE A 7 CORPUS CHRISTI TEXAS 7.11 .■ PLOT SCALE As No-FED PLOT DATE FILE NUMBER .12_02 _,, QUARK DESCRIPTION DATE APPR, m 5 0 -0 1 , z - —1 l 5 , ' J CORPUS CHRISTI FIAT SOUTH PADRE ISLAND DRIVE DIMENSION PLAN J ,-- CORPUS CHRISTI FIAT .L'TH PADRE .-'ND DMVE CORPUS CHRISTI TEXAS DESIGNED BY --, DATE 07;13,012 DISCLNMER THIS DRAWING PNO ACCOMPANYING SPECIFICATIONS ARE PNO SHALL REMAIN THE SOLE INTELLECTUAL PROPERTY OF THE ARCHITECT OF RECORD THEY MAY NOT BE REUSED REPRODUCED OR ALTERED INA., WAY WITHOUT THE EXPRESSED WRITTEN CONSENT FROM THE ARCHITECT OF RECORD --, J 0;1 4111, l J DWN BY Auter CHKD BY cne., .L.TAT.N N° CONTRACT NO NZIr4=ENZERS 5525 S STAPLES SUITE A 7 CORPUS alms, Tex. 7., .■ WN-F0WP-E PL' DATE 'LE NUMBER 201 2-02 IZE F,Le r,me _,, ,MARrc DESCRIPTION DA, APPR„ 5 z 0 m m < 5 5 z FCIfvfo, A N.) • —1. A A 5 >1 DI 2 A A CORPUS CHRISTI FIAT SOUTH PADRE ISLAND DRIVE EXTERIOR ELEVATIONS A A coRp.c.., FOT so,,,N, ,sNANN NNE, CORPUS CHRISTI TEXAS DESIGNED BY DATE 5,7;25, ' 's A L5 DISCLOMER THIS DRAWING AND ACCOMPANYING SPECIFICATIONS ARE AND SHALL REMAIN THE SOLE INTELLECTUAL PROPERTY OF THE ARCHITECT OF RECORD THEY MAY NOT BE REUSED REPRODUCED OR ALTERED INA,' WAY WITHOUT THE EXPRESSED WRITTEN CONSENT FROM THE ARCHITECT OF RECORD A A A A 0;1 411, A A NvyN , AL,Fr I NN, By I cne., soy,y7,0N No CONTRACT NO TURNER* RN7'REZ ARCHITECTS & PLANNERS 5525 S STAPLES SUITE A 7 CORPUS alms, Tex. 7., A PLOT SCWE , No,N PLOT DA, FILE NUMBER 2012_02 SIZE FILE NAME , P.M5 DESCRIPTION DA, APPR, Ordinance amending the Unified Development Code ( "UDC ") upon application by CCLEL Investments, Inc., on behalf of Leer Properties, Inc. ( "Owner "), by changing the UDC Zoning Map in reference to a 2.30 -acre portion out of Lot 6, Section 13, Flour Bluff and Encinal Farm and Garden Tracts from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing for penalties; providing for publication; and declaring an emergency. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of CCLEL Investments, Inc., on behalf of Leer Properties, Inc. ( "Owner "), for an amendment to the City of Corpus Christi's UDC and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 20, 2012, during a meeting of the Planning Commission, and on Tuesday, August 14, 2012, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. NOW, THERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on a 2.30 -acre portion out of Lot 6, Section 13, Flour Bluff and Encinal Farm and Garden Tracts (the "Property "), located on the north side of South Padre Island Drive (SH 358) and east of Prince Drive, from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District, resulting in a change of future land use from medium density residential to commercial uses (Zoning Map No. 041035). Exhibit "A," which is a metes and bounds description of the Property, and Exhibit "B," which is a location map pertaining to the Property, are both attached to and incorporated in this ordinance by reference as if fully set out herein in their entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect the changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. Upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor Rezoning Ord CCLEL Investmts LLC v02 20120716 Page 2 of 3 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 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 Joe Adame Mayor Rezoning Ord CCLEL Investmts LLC v02 20120716 Page 3 of 3 STATE OF TEXAS COUNTY OF NUECES THAT CERTAIN TRACT OF LAND LYING AND BEING SITUATED IN NUECES COUNTY, TEXAS; AND BEING A PORTION OF LOT 6, SECTION 13, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, AS SHOWN BY MAP RECORDED IN VOLUME A, PAGES 41 -43, MAP RECORDS OF NUECES COUNTY, TEXAS, BEING ALL OF THOSE TWO TRACTS DESCRIBED IN WARRANTY DEED RECORDED IN VOLUME 1407, PAGE 211 AND VOLUME 1439, PAGE 678, DEED RECORDS OF NUECES COUNTY, TEXAS, DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD FOUND AT THE SOUTHEAST CORNER OF GULFGATE UNIT 2, AS SHOWN BY MAP RECORDED IN VOLUME 21, PAGE 79, MAP RECORDS OF NUECES COUNTY, TEXAS BEING ON THE NORTHERLY RIGHT -OF -WAY OF STATE HIGHWAY 358 (SOUTH PADRE ISLAND DRIVE). THENCE, ALONG THE EASTERLY LINE OF SAID GULFGATE UNIT 2, NORTH 29 DEGREES 00 MINUTES 00 SECONDS EAST 300.0 FEET TO A 5/8 INCH IRON ROD FOUND, FOR THE SOUTHEAST CORNER OF LOT 2 BLOCK 2 GULFGATE UNIT. 2 AND THE POINT OF BEGINNING AND SOUTHWEST CORNER OF THIS TRACT OF LAND; THENCE NORTH 29 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE EAST LINE OF GULFGATE UNIT 2, FOR A DISTANCE OF 605.19 FEET, TO A.1 INCH IRON PIPE FOUND FOR THE NORTHWEST CORNER OF THIS TRACT THENCE , SOUTH 61 DEGREES 01 MINUTES 20 SECONDS EAST, 165.32 FEET TO A 5/8 INCH IRON ROD FOUNDti;ON THE EASTERLY LINE OF SAID LOT 6, FOR THE NORTHEAST CORNER OF THIS TRACT THENCE ALONG SAID EASTERLY LINE OF LOT 6, SOUTH 29 DEGREES 00 MINUTES 00 SECONDS WEST, 605.19 FEET TO A 5/8 INCH IRON ROD FOUND, SOUTHEAST CORNER OF THIS TRACT THENCE NORTH 61 DEGREES 01 MINUTES 20 SECONDS WEST, 165.32 FEET TO THE POINT OF BEGINNING AND, CONTAINING 100,050 SQUARE FEET, MORE OR LESS. ExhibitA GULFW G L A VWI T 2 6/512012 800 Prepared By: jeremym -,Feet Department of Development Services CASE: 0612 -01 1. SUBJECT PROPERTY Subject Properly UBJE ' T PPlR Exhibit B LOCATION MAP AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION ANNUAL MEETING Date: Tuesday, July 24, 2012 Time: During the meeting of the City Council beginning at 12:00 p.m. Location: City Council Chambers, Corpus Christi City Hall 1201 Leopard Street, Corpus Christi, Texas 78401 1 Call meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors John Marez, President Priscilla Leal, Vice President Joe Adame Chris Adler Kelley Allen Larry Elizondo, Sr. David Loeb Nelda Martinez Mark Scott Officers Ronald L. Olson, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Margie Rose, Treasurer Constance P. Sanchez, Asst. Treasurer 3. Approve minutes from the Board meeting on February 28, 2012. 4. Treasurer's Report. 5. Election of Officers: President Vice President Secretary Assistant Secretary Treasurer Assistant Treasurer General Manager 6. Consider approval of an interim construction loan to CDG Housing Corpus Christi, Ltd. in connection with the development of The Villas at Woodbend. 7 Consider a resolution authorizing the General Manager to designate a person to act as his designee for executing documents of the CCHFC. 8. Public comment. 9. Adjourn. MINUTE S CORPUS CHRISTI HOUSING FINANCE CORPORATION MEETING February 28, 2012 2:12 p.m. PRESENT Board of Directors John Marez, President Priscilla Leal, Vice President Joe Adame Chris Adler Kelley Allen Larry Elizondo, Sr. David Loeb Nelda Martinez Mark Scott Officers Ronald L. Olson, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Margie Rose, Treasurer Constance P. Sanchez, Asst. Treasurer President Marez called the meeting to order in the Council Chambers of City Hall at 2:12 p.m. Secretary Chapa verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been posted. President Marez called for the approval of the minutes of the May 10, 2011 meeting. Ms. Martinez made a motion to approve the minutes as presented, seconded by Mr. Elizondo, and passed. President Marez called for the financial report. Assistant Treasurer Constance Sanchez stated that the fund balance was $791,511 for six months ended January 31, 2012. There were no questions regarding the report. Mr. Elizondo made a motion to approve, seconded by Ms. Martinez, and passed. President Marez opened discussion on Item 5, the election of officers. Secretary Chapa named the vacancies of President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, and General Manager. He then recommended Staff appointees as Secretary, Armando Chapa, Assistant Secretary, Mary Juarez, Treasurer, Margie Rose, Assistant Treasurer, Constance Sanchez, and General Manager, Ron Olson. Ms. Martinez made a motion to reappoint John Marez as President, seconded by Mr. Adame. Ms. Martinez made a motion to appoint Priscilla Leal as Vice President, seconded by Mr. Elizondo. After the Corporation agreeing on recommended Staff Officers, Secretary Chapa polled the Corporation for their votes of President, Vice President and Staff Officers as follows: MOTION TO APPOINT THE ELECTION OF OFFICERS AS FOLLOWS: JOHN MAREZ, PRESIDENT, PRISCILLA LEAL, VICE PRESIDENT, ARMANDO CHAPA, SECRETARY, MARY JUAREZ, ASSISTANT SECRETARY, MARGIE ROSE, TREASURER, CONSTANCE SANCHEZ, ASSISTANT TREASURER, AND RON OLSON, GENERAL MANAGER. The foregoing motion was passed and approved with the following vote: Marez, Adame, Adler, Allen, Elizondo, Leal, Martinez, and Scott voting "Aye "; and Loeb absent. Minutes — CCHFC February 28, 2012 — Page 2 President Marez opened discussion on Item 6(a) and (b), (a) Resolution authorizing the President to file an application for a calendar year 2012 reservation for qualified mortgage bond authority, and (b) Resolution concerning an election to issue mortgage credit certificates in lieu of single family mortgage revenue bonds and establishing the Mortgage Credit Certificate Program, Series 2012. Oscar Martinez, Assistant City Manager, explained the background of this item and stated the first Resolution is the authorization required by the Texas Bond Review Board as part of the application process for establishment of a new Mortgage Credit Certificate (MCC) program. He then stated the second Resolution elects to issue mortgage credit certificates in lieu of single family mortgage revenue bonds and establishes the Mortgage Credit Certificate Program, Series 2012. none. 6. There was no discussion on the item. Mr. Marez called for public comment. There was Secretary Chapa polled the Corporation for their votes: a. RESOLUTION AUTHORIZING THE PRESIDENT TO FILE AN APPLICATION FOR A CALENDAR YEAR 2012 RESERVATION FOR QUALIFIED MORTGAGE BOND AUTHORITY. b. RESOLUTION CONCERNING AN ELECTION TO ISSUE MORTGAGE CREDIT CERTIFICATES IN LIEU OF SINGLE FAMILY MORTGAGE REVENUE BONDS AND ESTABLISHING THE MORTGAGE CREDIT CERTIFICATE PROGRAM, SERIES 2012. The foregoing resolution was passed and approved with the following vote: Marez, Adame, Adler, Allen, Leal, Loeb, Martinez, Scott voting "Aye "; and Elizondo absent. President Marez opened discussion on Item 7, resolution authorizing the acquisition of the parking lot and the long -term leasehold interest in the Ward Building from the City of Corpus Christi in consideration of the release of the existing $575,000 promissory note payable to the CCHFC, the payment of approximately $200,000 from the general account of the CCHFC, and execution of a $135,000 promissory note payable to the City within 18 months. Oscar Martinez, Assistant City Manager, explained the background of this item and stated that the note will be repayable from development fees to be received by the CCHFC in connection with the Costa Tarragona II Project. He also stated a new Request for Proposals for the redevelopment of the Ward Building and parking lot will be issued this year in order to seek out potentially new developers or new uses for the property. There was no discussion on the item. Mr. Marez called for public comment. There was none. Minutes — CCHFC February 28, 2012 — Page 3 Secretary Chapa polled the Corporation for their votes: 7. RESOLUTION AUTHORIZING THE ACQUISITION OF THE PARKING LOT AND THE LONG -TERM LEASEHOLD INTEREST IN THE WARD BUILDING FROM THE CITY OF CORPUS CHRISTI IN CONSIDERATION OF THE RELEASE OF THE EXISTING $575,000 PROMISSORY NOTE PAYABLE TO THE CCHFC, THE PAYMENT OF APPROXIMATELY $200,000 FROM THE GENERAL ACCOUNT OF THE CCHFC, AND EXECUTION OF A $135,000 PROMISSORY NOTE PAYABLE TO THE CITY WITHIN 18 MONTHS. The foregoing resolution was passed and approved with the following vote: Marez, Adame, Adler, Allen, Leal, Loeb, Martinez, Scott voting "Aye "; and Elizondo absent. Mr. Marez called for public comment. There was none. There being no further business to come before the corporation, President Marez adjourned the meeting at 2:20 p.m. on February 28, 2012. Corpus Christi Housing Finance Corporation Balance Sheet May 31, 2012 Assets Assets: Current assets Cash in bank Receivables Accounts Accrued Interest Total current assets Governmental Funds $ Adjustments Schedule of Net Assets 45 45 845,275 28,530 873,850 845,275 28,530 873,850 Noncurrent assets Capital assets Land 158,841 158,841 Building & Improvements 537,295 537,295 Total noncurrent assets 696,136 696,136 Total assets 873,850 Liabilities and Fund Balance Liabilities: Advance from other funds Deferred revenues Total liabilities 135,000 873,805 $ 1,008,805 696,136 1,569,986 Fund balance: Assigned Housing (134,955) 134,955 Total fund balance (134,955) 134,955 Total liabilities and fund balance Net Assets Invested in capital assets Restricted for housing $ 873,850 135,000 873,805 1,008,805 696,136 696,136 (134,955) (134,955) Total net assets $ 561,181 $ 561,181 Corpus Christi Housing Finance Corporation Summary of Transactions For eight Months Ended May 31, 2012 Governmental Funds Revenues: Adjustments Schedule of Net Assets Charges for services 2,250 2,250 Interest on interfund loans 1,010 1,010 Interest on loans 73,200 73,200 Earnings on investments 13 13 Miscellaneous revenue 780 780 Total revenue 77,253 77,253 Expenditures: Community development 160,637 Capital projects 196,507 (196,507) Total expenditures /expenses 357,144 (196,507) Excess (deficiency) of revenues over (under) expenditures (279,891) (196,507) Other financing sources (uses) Transfers out Total other financing sources (uses) Net change in fund balance Fund balances (deficits) at beginning of year Fund balances (deficits) at beginning of year (578, 360) (578, 360) (858,251) $ 723,296 (134,955) (499, 629) (499, 629) (696,136) 160,637 160,637 (83,384) (78,731) (78,731) (162,115) 723,296 (696,136) 561,181 AGENDA MEMORANDUM for the City Council Meeting of July 24, 2012 DATE: 7/5/2012 TO: Ronald L. Olson, City Manager FROM: Eddie Ortega, Director of Neighborhood Services EddieO(a�cctexas. com 361- 826 -3234 Board of Directors Meeting of the Corpus Christi Housing Finance Corporation CAPTION: Board of Directors Meeting of the Corpus Christi Housing Finance Corporation. BACKGROUND AND FINDINGS: Election of Officers The Bylaws of the Corpus Christi Housing Finance Corporation (CCHFC) provide for the following officers: President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer and General Manager. Typically, the President and Vice President have been elected from the Board of Directors. The Bylaws provide that officers do not have to be Board members, and the remaining positions have been held by the persons on City staff holding the functional equivalent positions as follows: Secretary Assistant Secretary Treasurer Assistant Treasurer General Manager Armando Chapa Mary Juarez Margie Rose Constance Sanchez Ronald L. Olson Consider Approval of an Interim Construction Loan to CDG Housinq Corpus Christi, Ltd. in Connection with the Development of The Villas at Woodbend The Villas at Woodbend project in Corpus Christi is pending at the Texas Department of Housing and Community Affairs (TDHCA) for the issuance of low income housing tax credits. The developer, CDG Housing Corpus Christi, Ltd., submitted an application for 9% Housing Tax Credits to TDHCA on March 1, 2012. If the Corpus Christi Housing Finance Corporation approves the loan, these funds will be combined with conventional debt and 9% housing tax credits to construct the proposed project. The Villas at Woodbend will be a 156 -unit affordable multi - family development located at 2001 Woodbend Drive, in Corpus Christi, Texas, near the intersection of Airline and Holly. The project will be built on approximately 9.68 acres and will consist of a clubhouse facility and seven three -story residential buildings consisting of fiber cement siding with pitched composition shingle roofs. Each living unit will have energy efficient appliances, including a washing machine, oven, microwave, disposal, and refrigerator, energy efficient lighting and windows, eight -foot ceilings, large pantries, low -flow water faucets, toilets, and showerheads, washer dryer connections, walk -in closets, and covered entries. Under State program rules, this project must have a certain amount of local funding and support. The Villas at Woodbend project needs a local funding commitment of $315,900.00. The support for the Villas at Woodbend project would be in the form of an interim construction loan for 3 years. The loan will bear interest at 1% below the market rate, will include an origination fee of 2% of the loan amount, and will be secured by a subordinate lien against the property, certificate of deposit, or letter of credit acceptable to the CCHFC. When construction is complete, the total amounts provided would be repaid with interest. The project will target low -to- moderate income tenants at or below 60% of the area median income. The cost of the project is approximately $16 million dollars and the project is expected to generate numerous jobs and economic activity for the City of Corpus Christi and Nueces County. Resolution Authorizing the General Manager to Designate a Person to Act as his Designee for Executing Documents of the CCHFC The General Manager of the CCHFC oversees and is responsible for the overall management and administration of the CCHFC and is required to execute documents on behalf of the CCHFC. It would be beneficial to the General Manager and the CCHFC for the General Manager to delegate a person to act as his designee for purposes of executing document for the CCHFC. In similar situations, the City Manager has designated a particular individual or Assistant City Manager to execute documents involving a particular department that the individual oversees. The attached board resolution authorizes the General Manager of the CCHFC to execute a written designation designating a person to act as his designee for executing documents for the CCHFC. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The action conforms to all applicable City policies. EMERGENCY / NON - EMERGENCY: The action is non - emergency but only requires one meeting of the City Council. DEPARTMENTAL CLEARANCES: N/A 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: N/A RECOMMENDATION: Conduct the annual meeting of the Corpus Christi Housing Finance Corporation to elect officers. Authorize the commitment of $315,900.00 in funds necessary to provide the required interim construction loan for The Villas at Woodbend project. Authorize the General Manager to designate a person to act as his designee for executing documents of the CCHFC LIST OF SUPPORTING DOCUMENTS: Agenda for Annual Meeting Minutes for February, 2012, Board Meeting Treasurer's Report Board Resolution Approvals: Deborah Brown, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager Resolution authorizing the General Manager to designate a person to act as his designee for executing documents of the Corpus Christi Housing Finance Corporation. WHEREAS, the General Manager of the Corpus Christi Housing Finance Corporation ( "CCHFC ") oversees and is responsible for the overall management and administration of the CCHFC and is required to execute documents on behalf of the CCHFC; and WHEREAS, the CCHFC seeks to authorize the General Manager to designate a person to act as his designee for executing documents of the CCHFC; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CORPUS CHRISTI HOUSING FINANCE CORPORATION THAT: The CCHFC hereby authorizes the General Manager to execute a written designation which designates a person to act as his designee for purposes of executing documents of the Corpus Christi Housing Finance Corporation. PASSED and APPROVED this day of July, 2012. CORPUS CHRISTI HOUSING FINANCE CORPORATION By: John Marez, President ATTEST: By: Armando Chapa, Secretary