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HomeMy WebLinkAboutAgenda Packet City Council - 12/11/2012Corpus Christi Meeting Agenda - Final City Council 1201 Leopard St Corpus Christi, TX 78401 CCtexas.com Tuesday, December 11, 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 Nelda Martinez to call the meeting to order. B. Invocation to be given by Chuck Goodwin, Fish for Life Ministries. 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 -00876 H.E.B. Feast of Sharing City Manager's "At Your Service" Award F. MINUTES: 2. 12 -00871 Approval of Meeting Minutes - Special Meeting of November 14, 2012 and Regular Meeting of November 20, 2012. Attachments: Minutes - November 14 2012.pdf Minutes - November 20, 2012.pdf G. BOARDS & COMMITTEE APPOINTMENTS: 3. 12 -00872 Citizens Advisory Health Board Corpus Christi Page 1 Printed on 12/7/2012 City Council Meeting Agenda - Final December 11, 2012 Library Board Museum of Science and History Advisory Board Regional Health Awareness Board 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 -00775 Supply Agreement for Firefighting Clothing Motion approving a supply agreement with Casco Industries Inc., Pasadena, Texas for firefighting clothing consisting of ninety sets of pants and coats, based on only bid, in accordance with Bid Invitation No. BI- 0003 -13 for an estimated annual expenditure of $139,064.40 of which $92,709.60 is required for the remainder of FY 2012 -2013. The term of the agreement will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by Fire Department in FY 2012 -2013. Attachments: Agenda Memo - Firefighting Clothinq.doc Bid Tabulation - Firefighting Clothinq.xls 5. 12 -00778 Approving the purchase of nineteen (19) Chevrolet Tahoes for replacement vehicles in the Police Department fleet Motion approving the purchase of nineteen (19) Chevrolet Tahoes from Caldwell Country, Caldwell, Texas for a total amount of $521,639. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). All units are replacements to the fleet and will be used by the Police Department. Funding is available in the FY 2012 -2013 Capital Outlay Budget of the Fleet Maintenance Fund. Corpus Christi Page 2 Printed on 12/7/2012 City Council Meeting Agenda - Final December 11, 2012 Attachments: Agenda Memo - Chevrolet Tahoes.docx Price Sheet - Chevrolet Tahoes.xls 6. 12 -00779 Purchase of a replacement vehicle (vacuum truck) for the maintenance of wastewater collection main lines Motion approving the purchase of one (1) vacuum truck from Houston Freightliner, Inc., Houston, Texas for a total amount of $305,896.14. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). Funding is available in the FY 2012 -2013 Capital Outlay Budget of the Maintenance Service Fund. Attachments: Agenda memo - Vacuum Truck Price Sheet - Vacuum Truck.xlsx 7. 12 -00793 Amending City Investment Policy to further protect the City's assets 8. 12 -00773 Resolution approving amendments to the City Investment Policy to amend term for Certificate of Deposit from one to two years and include brokered certificates of deposit as an authorized investment; and approving the Investment Policy as amended. Attachments: Agenda Memo Investment Policy November 20, 2012.doc Resolution - Investment Policy.pdf Investment Policy - Legislative Format 11 2012.pdf Agreement for temporary tax abatement for outpatient surgery center providing for 12 permanent jobs located at 6200 Saratoga Boulevard Resolution authorizing the execution of an agreement with JHPK, LLC providing for temporary property tax abatement. Attachments: Agenda memo - JHPK tax abatement Resolution - JHPK Agreement - Tax Abatement JHPK 10 24 12 9. 12 -00759 Contract amendment no. 2 to authorize additional design time for Hike and Bike Trails project Motion authorizing the City Manager, or designee, to ratify Amendment No. 2 to the Contract for Professional Services with JEC Architects, Inc. of Corpus Christi, Texas, in the amount of $7,800.00, for a total restated amount not to exceed $52,175.00 for the Hike & Bike Trails - City Wide Corpus Christi Page 3 Printed on 12/7/2012 City Council Meeting Agenda - Final December 11, 2012 (Bond 2008). Attachments: Agenda memo - Hike and Bike Trails Project Budget - Hike & Bike Trails - City Wide.xls Contract - Hike & Bike Trails - City Wide.pdf Location Map - Hike & Bike Trails - City Wide 10. 12 -00760 Professional services contract for decommissioning of wastewater treatment plant Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $590,887.00 for the Broadway Wastewater Treatment Plant Decommissioning. Attachments: Agenda Memo - Broadway WWTP Decommissioninq.docx Project Budget - Broadway VWVTP Decommissioning.xls Location Map - Broadway VWVTP Decommissioninq.pdf Contract - Broadway VWVTP Decommissioninq.pdf Presentation - Broadway VWVTP Decommissioninq.pptx 11. 12 -00761 Construction contract for an effluent line from Oso Water Reclamation Plant to Wooldridge Lift Station for delivering effluent water to various golf courses and City Parks via existing effluent distribution network Motion authorizing the City Manager, or designee, to execute a construction contract with S.J. Louis Construction in the amount of $2,433,323.70 for the Oso Effluent Re -Use Distribution System Phase 1 Project. Attachments: Agenda memo - Oso Effluent Project Budget - Oso Effuent Re- Use.xlsx Letter of recommendaton - Oso Effluent Re- Use.pdf Location Map - Oso Effluent Re- Use.pdf COUNCIL Presentation Oso Effluent 12. 12 -00733 Second Reading Ordinance - Amending the Comprehensive Plan to include Americans with Disabilities Act (ADA) improvements within public right -of -ways (1st Reading 11/20/12) Ordinance amending the Comprehensive Plan of the City of Corpus Christi by adoption of the Corpus Christi ADA Master Plan; providing for repeal of conflicting ordinances; and providing for severance Attachments: Agenda Memo Revised - ADA Master Plan Oct 2012.docx Ordinance - ADA Plan Adoption Ord 20121005.doc 13. 12 -00776 Second Reading Ordinance - Authorizing "Updated Service Corpus Christi Page 4 Printed on 12/7/2012 City Council Meeting Agenda - Final December 11, 2012 Credits" and "Increased Prior and Current Service Annuities" in the Texas Municipal Retirement System for adherence to collective bargaining agreement (1st Reading 11/20/12) Ordinance authorizing and allowing, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions; and providing for severance. Attachments: Agenda memo - TMRS Ad Hoc Ordinance - TMRS 14. 12 -00780 Second Reading Ordinance - Accepting and appropriating Federal grant to strengthen homeland security preparedness (1st Reading 11/20/12) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $22,268 from the U.S. Department of Homeland Security FEMA for funding eligible under the FY 2012 Port Security Grant Program to purchase law enforcement equipment for the Police Department; and appropriating the $22,268 in the No. 1061 Police Grants Fund. Attachments: Agenda Memo PSGP Ordinance - PSGP Award Letter - PSGP 15. 12 -00781 Second Reading Ordinance - Appropriating funds for one -time expenditures to provide three police motorcycles and lights and hardcases for previously purchased patrol rifles (1st Reading 11/20/12) Ordinance appropriating $85,000 from the unreserved fund balance in No. 9010 Crime Control District Fund for "one- time" expenditures in the FY 2012 -2013 operating budget, and changing the FY 2012 -2013 operating budget adopted by Ordinance No. 029577 by increasing appropriations by $85,000. Attachments: Agenda memo - Crime Control appropriation 11.20.2012 Ordinance - Updated Votesheet - One time crime and control district J. EXECUTIVE SESSION: (ITEMS 16 -18) 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 Corpus Christi Page 5 Printed on 12/7/2012 City Council Meeting Agenda - Final December 11, 2012 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 -00849 Executive session pursuant to Texas Government Code Section 551.071 to consult with attorneys regarding contemplated litigation related to the city of Corpus Christi's wastewater treatment plants, with possible discussion and action in open session. 17. 12 -00852 Executive session pursuant to Section 551.087 of the Texas Government Code to deliberate regarding confidential commercial or financial information received from a business prospect that the City Council seeks to have locate, stay, or expand within the City and with which the City is conducting economic development negotiations and to deliberate possible offers of financial or other incentives to said business prospect, with possible discussion and action in open session. 18. 12 -00866 Executive session pursuant to Texas Government Code Section 551.072 to deliberate the value of real property because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person, with possible discussion and action in open session. K. PUBLIC HEARINGS: (ITEM 19) 19. 12 -00804 Public Hearing and First Reading Ordinance - Amending the Unified Development Code for new zoning districts for use under airport flight zones, refineries or other potential hazards to adjacent uses Ordinance amending the Unified Development Code ( "UDC ") by establishing new section 4.8 "Compatible Districts" in Article 4 "Base Zoning Districts" and revising related provisions of the UDC to include the "Table of Contents" and subsections 1.11.2 "Abbreviations," 1.11.3 "Defined Terms," 7.4.3 "Allowed Outside Display, Sales and Storage," 7.5.3.A "Single Tenant Freestanding Sign," 7.5.3.0 "Multi- Tenant (3 or more Tenants) Freestanding Sign," and 7.9.5 "Zoning District Buffer Yard -New Development;" amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, severance, penalties, publication, and an effective date. Corpus Christi Page 6 Printed on 12/7/2012 City Council Meeting Agenda - Final December 11, 2012 Attachments: Agenda memo - 12 -11 -2012 City Council .doc Ordinance - Compatible Districts without billboards vFinal4 wo billboards 20121 Presentation - Public Hearing for New Zoning Districts.pptx Zone Map - Air Installation Compatible Use .docx Guidelines - Air Installation Compatible Use .docx Comment - Matrix Design Group.docx Minutes - 09.26.12.PC.doc L. REGULAR AGENDA: (ITEMS 20 - 23) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 20. 12 -00865 Motion changing the start time of the City Council Meetings from 12:00 Noon to 11:30 am beginning on December 18, 2012. Attachments: Agenda Memo.pdf 21. 12 -00790 Refunding of existing General Improvement Bonds (Related Items 21 - 23) Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the City of Corpus Christi, Texas General Improvement Refunding Bonds, Series 2012C and for the City of Corpus Christi, Texas General Improvement Refunding Bonds, Taxable Series 2012. Attachments: Agenda memo - GO Refunding November 20, 2012.doc ExhibitA - Financial Advisor Fee Schedule.pdf 22. 12 -00791 Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas General Improvement Refunding Bonds, Series 2012C, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the Bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the Bonds, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent /registrar agreement; a purchase contract, and an escrow and trust agreement; complying with the letter of representations on file with the depository trust company; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of the bonds, and providing an effective date. Attachments: Agenda memo - GO Refunding November 20, 2012.doc 23. 12 -00792 Ordinance - Corpus Tax Exempt .pdf Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas General Improvement Refunding Bonds, Taxable Series 2012 ", levying an Corpus Christi Page 7 Printed on 12/7/2012 City Council Meeting Agenda - Final December 11, 2012 annual ad valorem tax, within the limitations prescribed by law, for the payment of the Bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the Bonds, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement; a purchase contract, and an escrow and trust agreement; complying with the letter of representations on file with the depository trust company; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of the bonds, and providing an effective date. Attachments: Agenda memo - GO Refunding November 20 2012.doc Ordinance - Corpus Taxable .pdf M. FIRST READING ORDINANCES: (ITEMS 24 - 30) 24. 12 -00794 First Reading Ordinance - City reimbursement for costs incurred prior to receipt of bond proceeds for approved projects relating to Bond 2012 Ordinance relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds relating to constructing various City improvements from the proceeds of tax - exempt obligations to be issued by the City for authorized purposes; authorizing other matters incident and related thereto; and providing an effective date. (BOND 2012) Attachments: Agenda Memo - for Reimbursement Ordinance for Bond 2012.doc Ordinance - Reimbursement for Bond 2012 final.pdf 25. 12 -00844 First Reading Ordinance - Amending the Capital Improvement Program Budget to add the voter - approved Bond 2012 Projects Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to add the voter - approved Bond 2012 projects as listed in Attachment 1; increasing revenues and expenditures in the amount of $30,674,000. Attachments: Agenda memo - Bond 2012 Ordinance - Bond 2012 Attachment one - Bond 2012 26. 12 -00789 First Reading Ordinance - Amending City code to increase fares /fees, and modifying enforcement procedures and regulations to bring them in line with industry standards Amending Chapter 57, Article I I "TAXICABS" of the Corpus Christi Code by modifying, clarifying and expanding taxicab inspector's duties, Corpus Christi Page 8 Printed on 12/7/2012 City Council Meeting Agenda - Final December 11, 2012 modifying and clarifying enforcement, procedures, and regulations for owners, operators, and drivers of vehicles for hire, repealing section 57 -34 public notice of application, increasing fees for taxicab certificates, permits, and street user fees, and increasing fares for taxicabs; Amending Chapter 57, Article IIIA "LIMOUSINE AND SIGHTSEEING SERVICE" of the Corpus Christi Code by modifying and clarifying enforcement, procedures, and regulations for limousines and sightseeing services and increasing fees for permits and street user fees. Attachments: Agenda memo - Taxi cab ordinance 12.11.2012 Ordinance - Vehicle for hire amendment ( Final 5) - police 27. 12 -00819 First Reading Ordinance - Accepting and appropriating State grant for collaborative enforcement efforts with Nueces County Sheriffs office Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $245,503 from Nueces County for funding eligible under the FY2011 Department of Homeland Security Grant Program Operation Stonegarden to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress to including (but not limited to) U. S, Highway 77 and State HY44; and appropriating the $245,503 in the No. 1061 Police Grants Fund. Attachments: Agenda memo - Stonegarden grant Ordinance - Operation Stonegarden 2012 - Police Sub - recipient agreement - 2011 OPSG SRA Nueces Co Operations Order - Nueces County FY2011 OPSG 28. 12 -00816 First Reading Ordinance - Accepting and appropriating State grant for Meals on Wheels Program Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $248,663.25 grant awarded by the Texas Department of Aging and Disability Services and appropriating in No. 1067 Parks and Recreation Grants Fund for the FY 2013 Senior Community Services, Title XX Meals on Wheels Program. Attachments: Agenda memo - MOW grant appropriation Ordinance -FY 2013 Title XX Meals on Wheels Grant Appropriation Agreement - Title XX MOW Contract Agreement FY 13 29. 12 -00825 First Reading Ordinance - Acepting and appropriating federal grant and authorizing execution of agreements for homeless prevention Corpus Christi Page 9 Printed on 12/7/2012 City Council Meeting Agenda - Final December 11, 2012 and rapid re- housing Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate a grant in the amount of $83,495 from the U.S. Department of Housing and Urban Development in Grant Fund No. 1059 for the 2011 Consolidated Annual Action Plan's Emergency Solutions Grant Program. Attachments: Agenda memo - ESG 2nd Allocation Ordinance - ESG 2nd Allocation.docx 30. 12 -00828 First Reading Ordinance - Repealing and amending cable franchise ordinances to comply with State cable franchising statute Ordinance repealing Divisions 1 through 15 of Article XVIII Cable Communications Services of Chapter 55 and amending Chapter 2, Division 17, regarding municipal cable franchises; amending Division 16 regarding public access channels rules and procedures; providing for effective date and publication. Attachments: Agenda memo - Cable franchise ordinance Ordinance - Cable Franchise Updates Supplemental - Time Warner Issued State Cable Franchise Minutes - Cable Communication Commission 11.12 Presentation - Cable Franchise Ordinance Revisions v2 N. FUTURE AGENDA ITEMS: (31 - 40) 31. 12 -00772 The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. Purchase of Tasers for police officers for restraint of aggressive individuals Motion approving the purchase of TASER brand non - lethal weapons from GT Distributors, Inc., Austin, Texas based on sole source for a total expenditure of $72,034.10. Funds have been budgeted by the Police Department in FY 2012- 2013. Attachments: Agenda Memo - Tasers.docx Price Sheet - Tasers.xlsx 32. 12 -00822 Purchase of animal transport shells to replace existing units Motion approving the purchase of six (6) animal transport shells from Jackson Creek Manufacturing, Inc., Denton, North Carolina based on lowest responsible bid, in accordance with Bid Invitation No. BI- 0030 -13, for a total expenditure of $67,302.30. Funds have been budgeted by the Corpus Christi Page 10 Printed on 12/7/2012 City Council Meeting Agenda - Final December 11, 2012 Animal Care Department in FY 2012- 2013. Attachments: Agenda Memo - Animal Transport Shells.docx Bid Tabulation - Animal Transport Shells.xlsx 33. 12 -00826 Lease purchase for ambulances to replace existing units Motion approving the lease purchase of two (2) ambulances from Knapp, Chevrolet, of Houston, Texas based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC), in the amount of $270,000. The ambulances will be used by the EMS Division of the Fire Department. These units are a replacement to the fleet. Funds for the lease purchase of the ambulances will be provided through the City's lease /financing program. Attachments: Agenda Memo - Ambulances.doc Price Sheet - Ambulances.xls 34. 12 -00777 Lease purchase of curbside refuse containers for the Solid Waste automated collection program Motion approving the lease purchase of 6,500 96- gallon curbside refuse containers from Toter Incorporated, Statesville, NC for the total amount of $307,420. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The containers will be used in the City's automated collection program. Funds for the lease purchase of the curbside collection containers will be provided through the City's lease /purchase financing program. Attachments: Agenda Memo - Curbside Refuse Containers.doc Price Sheet - Curbside Refuse Containers.xls 35. 12 -00771 Supply Agreement for testing reagent that tests water for bacteria Motion approving a supply agreement with IDEXX Distribution, Inc., Westbrook, Maine for the laboratory testing reagent "Colilert" based on only bid, in accordance with Bid Invitation No. BI- 0174 -12, for an estimated annual expenditure of $94,140.00, of which $62,760.00 is required for the remainder of FY 2012 -2013. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve -month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Health Department and Water Department in FY 2012- 2013. Attachments: Agenda memo - Colilert Price Sheet - Colilert.xlsx COF - Colilert 36. 12 -00757 Professional services contract amendment no. 1 for design work solutions to air emissions testing for flare permitting requirements Corpus Christi Page 11 Printed on 12/7/2012 City Council Meeting Agenda - Final December 11, 2012 at wastewater treatment plant Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the Contract for Professional Services with Naismith Engineering, Inc. of Corpus Christi, Texas in the amount of $11,250.00, for a total restated fee not to exceed $57,700.00, for the Greenwood Wastewater Treatment Plant Flare Permitting. Attachments: Agenda Memo - Greenwood VWVfP Flare Permitting.docx Project Budget - Greenwood WWTP Flare Permittinq.xls Location Map - Greenwood WWTP Flare Permittinq.pdf Contract - Greenwood VWVfP Flare Permittinq.pdf 37. 12 -00799 Professional services contract to update licensing for records imaging and management to a city -wide solution Motion authorizing the City Manager, or designee, to execute a contract with MCCI of Tallahassee, Florida for an expenditure of $99,817.92 to update existing Laserfiche licenses to an enterprise solution with the option to extend for up to three 1 -year terms for annual maintenance in the amount of $40,737.74. Attachments: Agenda memo - MCCI Agreement - Professional Services MCCI ExhibitA - Corpus Christi Rio 38. 12 -00802 Certification agreement with State for local historic preservation efforts Motion approving execution by the Mayor of a Certification Agreement with the Texas Historical Commission for City participation in the Certified Local Government Program regarding local historic preservation. Attachments: Agenda memo - THC Letter.docx Agreement - THC CLG letter.pdf.pdf 39. 12 -00811 Resolution of support for the Schanen Hike and Bike trail project allowing a request for State funding Resolution to certify local funding and support of the Schanen Hike and Bike Trail from Yorktown Blvd to Saratoga Blvd project to the statewide Transportation Enhancement Program for funding competition in the Texas Department of Transportation 2012 program call for projects. Attachments: Agenda Memo - Hike & Bike TxDOT resolution Resolution- Hike Bike TxDOT prolectv2 40. 12 -00808 Ordinance - Amending city code to clarify area for discharge of firearms Corpus Christi Page 12 Printed on 12/7/2012 City Council Meeting Agenda - Final December 11, 2012 Ordinance amending section 33 -75 of the Corpus Christi Code by clarifying the area where discharge of firearm is prohibited, clarifying unlawful act, clarifying areas where waterfowl hunting is not allowed within 1,000 feet; providing an effective date; providing for severance; and providing for publication. Attachments: Agenda memo - Discharge Firearms Ordinance ORDINANCE - Amending discharge of firearm (Final 2) O. UPDATES TO CITY COUNCIL: (ITEMS 41 - 43) 41. 12 -00768 The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. Flint Hills Permitting Process Attachments: Agenda memo - Flint Hills permitting process 42. 12 -00833 Bond Issue 2012 Project Execution Schedule Attachments: Agenda Memo - Execution Schedule 1 Presentation - Bond 12 Execution Strategy Schedule - Bond 12 Quarter Maps - Bond12 43. 12 -00851 FEMA's Preliminary Flood Insurance Rate Map Update Attachments: Agenda memo - FEMA Map Update Supporting Documentation - FEMA Presentation - FEMA map update P. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. 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. Corpus Christi Page 13 Printed on 12/7/2012 City Council Meeting Agenda - Final December 11, 2012 PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. Q. CITY MANAGER'S COMMENTS: Update on City Operations R. ADJOURNMENT Corpus Christi Page 14 Printed on 12/7/2012 Corpus Christi Meeting Minutes - Final City Council 1201 Leopard St Corpus Christi, TX 78401 CCtexas.com Wednesday, November 14, 2012 10:00 AM Council Chambers SPECIAL CITY COUNCIL MEETING A. CALL MEETING TO ORDER. B. ROLL CALL. Mayor Pro Tem Allen called the meeting to order. Present: 5 - Council Member KelleyAllen,Council Member Priscilla LeabCouncil Member David Loeb,Council Member Nelda Martinez, and Council Member Mark Scott Absent: 4 - Mayor Joe Adame,Council Member Chris Adler,Council Member Larry Elizondo, and Council Member John Marez C. SPECIAL CONSIDERATION ITEM: 1 Mayor Pro Tem Allen referred to Item No. 1. The council canvassed the results of various precincts and declared the results official. Ordinance canvassing the returns and declaring the results of the General Election held on November 6, 2012, in the City of Corpus Christi for the purpose of electing the Mayor, eight Council Members; and for the adoption of eight Bond Propositions; and declaring an emergency. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Aye: 5 - Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Martinez and Council Member Scott Absent: 4 - MayorAdame, Council Member Adler, Council Member Elizondo and Council Member Marez Abstained: 0 Enactment No: 029676 D. ADJOURNMENT There being no further business to come before the meeting, Mayor Pro Tem Allen adjourned the meeting at 10:20 am. Corpus Christi Page 1 Printed on 11/26/2012 Corpus Christi Meeting Minutes - Final City Council 1201 Leopard St Corpus Christi, TX 78401 CCtexas.com Tuesday, November 20, 2012 12:00 PM Council Chambers Swearing -In Ceremony City Secretary Armando Chapa convened the Council meeting. The invocation was delivered by Father Peter Maritnez, St. Paul the Apostle Church and Father Frank Martinez, Christus Spohn Hospital. The Pledge of Allegiance was led by City Manager Ron Olson. The swearing -in ceremony for the newly elected Mayor and Council Members was conducted by The Honorable Janis Graham Jack, Senior U.S. District Judge for the Southern District of Texas. The Mayor and each Council Member thanked their family, friends and voters who elected them. A reception was held for the incoming Council members, who then held their first Council meeting after the reception. A. CALL MEETING TO ORDER. Mayor Martinez called the meeting to order. B. PLEDGE OF ALLEGIANCE. The Pledge of Allegiance was led by City Secretary Armando Chapa. C. CALL MEETING TO ORDER. City Secretary Armando Chapa verified that the necessary quorum of the Council and the foregoing necessary Charter Officers, City Manager Ron Olson, City Attorney Carlos Valdez and City Secretary Armando Chapa were present to conduct the meeting. Present: 9 - Council Member KelleyAllen,Council Member Priscilla Leal,Council Member David Loeb,Mayor Nelda Martinez,Council Member Mark Scott,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas, and Council Member Rudy Garza D. Selection of Mayor Pro Tem Mayor Martinez recommended the following Mayor Pro Tem rotation as follows: Council Member David Loeb (November 20, 2012 - February 18, 2013) Council Member Kelley Allen (February 19, 2013 - May 20, 2013) Council Member Lillian Riojas (May 21, 2013 - August 19, 2013) Council Member Mark Scott (August 20, 2013 - November 18, 2013) Council Member Chad Magill (November 19, 2013 - February 17, 2014) Council Member Priscilla Leal (February 18, 2014 - May 19, 2014) Corpus Christi Page 1 Printed on 12/4/2012 City Council Meeting Minutes - Final November 20, 2012 Council Member Colleen McIntyre (May 20, 2014 - August 18, 2014) Council Member Rudy Garza (August 19, 2014 - End of Term) The motion was made by Council Member Loeb, seconded by Council Member Scott and passed. E. Proclamations / Commendations 1. Proclamation declaring December 1, 2012, as "World Aids Day" Mayor Martinez read and presented the Proclamation(s). F. MINUTES: 2. Approval of Meeting Minutes - November 13, 2012. A motion was made by Council Member Scott, seconded by Council Member Leal to approve the minutes as presented. G. BOARDS & COMMITTEE APPOINTMENTS: (NONE) I. CONSENT AGENDA: (ITEMS 3 - 15) Mayor Martinez called for consideration of the Consent Agenda, Items 3 through 15. City Manager Olson remove Item No. 8 for a staff presentation and individual consideration. The remaining items were approved by one vote: 3. Interlocal Agreement for ongoing community needs assessment for the positive development of youth and families Resolution authorizing the City Manager, or designee, to execute an Interlocal Agreement with Texas A &M University- Corpus Christi regarding ongoing community needs assessment. The foregoing motion was passed and approved with the following vote: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029677 4. Agreement for the installation of lighting at the Packery Channel for the new parking lot and overlooks Motion approving a Contribution -In- Aid -Of- Construction Agreement with American Electric Power (AEP) in the amount of $67,114.70 for the installation of the Packery Channel Parking and Overlooks Lighting. Corpus Christi Page 2 Printed on 12/4/2012 City Council Meeting Minutes - Final November 20, 2012 The foregoing motion was passed and approved with the following vote: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2012 -192 5. Amendment to Type A agreement for Plant Bikes (Rugged Cycles) (Original Agreement Passed 05/29/12) Resolution approving an amended business incentives agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Plant Bikes LLC ( "Rugged Cycles "), to provide a grant of up to $200,000 to purchase and improve a manufacturing facility in Corpus Christi and the creation and retention of jobs. The foregoing Resolution was passed and approved with the following vote: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029678 6. Adopting City portions of action plan and appointing hazard mitigation coordinator for the reduction of loss from natural hazards Resolution adopting the portions of the Coastal Bend Mitigation Action Plan that pertains to the City of Corpus Christi which were developed with the Coastal Bend Council of Governments and Appointing the City Manager or his designee to act as the City's hazard mitigation coordinator. The foregoing Resolution was passed and approved with the following vote: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029679 7. Grant Application to develop curriculum for training businesses and residents for emergency situations Resolution ratifying the submission of a grant application for FEMA 2012 Community Resilience Innovation Challenge Grant in the amount of $35,000.00 to combine emergency management studies and plans Corpus Christi Page 3 Printed on 12/4/2012 City Council Meeting Minutes - Final November 20, 2012 to develop a training lesson deliverable by businesses, colleges, and local schools through human resources including the City's HR department, new student orientations, and business continuity training classes. The foregoing Resolution was passed and approved with the following vote: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029680 8. Ratification of funding agreements for the Emergency Solutions Grant Program 9. Motion ratifying the FY2012 -13 Emergency Solutions Grant Program funding agreements to be effective August 1, 2012 The foregoing motion was passed and approved with the following vote: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2012 -193 Second Reading Ordinance - A change of zoning from the "FR" Farm Rural District to the "RM -2" Multifamily 2 District on Tract 1 and the "RS -6" Single - Family 6 District on Tract 2, at 4033, 4013, 4001, 3933, 3901 Airline Road (1st Reading 11/13/12) Case No. 1012 -01 The Mostaghasi Investment Trust DBA Sun George Contracting and Development Co.: A change of zoning from the "FR" Farm Rural District to the "RM -2" Multifamily 2 District on Tract 1 and the "RS -6" Single - Family 6 District on Tract 2, resulting in a change of future land use from commercial to high density residential on Tract 1 and from medium density residential to low density residential on Tract 2. The property to be rezoned is described as being a 21.179 -acre tract of land out of Lots 7 and 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Airline Road and Lipes Boulevard. Planning Commission and Staff Recommendation (October 10, 2012): Approval of the change of zoning from the "FR" Farm Rural District to the "RM -2" Multifamily 2 District on Tract 1 and the "RS -6" Single - Family 6 District on Tract 2. Ordinance Corpus Christi Page 4 Printed on 12/4/2012 City Council Meeting Minutes - Final November 20, 2012 Ordinance amending the Unified Development Code ( "UDC ") upon application by The Mostaghasi Investment Trust DBA Sun George Contracting and Development Co. ( "Owner"), by changing the UDC Zoning Map in reference to a 21.179 -acre tract of land out of Lots 7 and 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "RM -2" Multifamily 2 District on Tract 1 and the "RS -6" Single - Family 6 District on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. The foregoing Ordinance was passed and approved on second reading with the following vote: Aye: 8 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 1 - Council Member Magill Enactment No: 029681 10. Second Reading Ordinance - A change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District, at 6197 Dunbarton Oak Drive (1st Reading 11/13/12) Case No. 1012 -02 Saratoga Highway Properties, LLC: A change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District, without resulting in a change of future land use. The property to be rezoned is described as being a 3.38 -acre tract of land out of Lot 1, Block 3, Cimarron Center, located on the southwest corner of Dunbarton Oak Drive and Cimarron Boulevard. Planning Commission and Staff Recommendation (October 10, 2012): Approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Saratoga Highway Properties, LLC ( "Owner"), by changing the UDC Zoning Map in reference to a 3.38 -acre tract of land out of Lot 1, Block 3, Cimarron Center, from the "CN -1" Neighborhood Commercial district to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. The foregoing Ordinance was passed and approved on second reading with the following vote: Corpus Christi Page 5 Printed on 12/4/2012 City Council Meeting Minutes - Final November 20, 2012 11. Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029682 Second Reading Ordinance - A change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5 District, at 7201 Yorktown Boulevard (1st Reading 11/13/12) Case No. 1012 -03 Yorktown Oso Joint Venture: A change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5 District, without resulting in a change of future land use. The property to be rezoned is described as being a 7.339 -acre tract of land out of Lots 29 and 30, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located east of Rodd Field Road and south of Stampede Drive. Planning Commission and Staff Recommendation (October 10, 2012): Approval of the change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5 District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Yorktown Oso Joint Venture, acting as agent on behalf of Related Investors, Ltd. ( "Owner"), by changing the UDC Zoning Map in reference to a 7.339 -acre tract of land out of Lots 29 and 30, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029683 12. Second Reading Ordinance - A change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5 District, at 7201 Yorktown Boulevard (1st Reading 11/13/12) Case No. 1012 -04 Yorktown Oso Joint Venture: A change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5 Corpus Christi Page 6 Printed on 12/4/2012 City Council Meeting Minutes - Final November 20, 2012 District, without resulting in a change of future land use. The property to be rezoned is described as being a 13.206 -acre tract of land out of Lots 31 and 32, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located east of Rodd Field Road and south of High Gun Drive. Planning Commission and Staff Recommendation (October 10, 2012): Approval of the change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5 District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Yorktown Oso Joint Venture, acting as agent on behalf of Related Investors, Ltd. ( "Owner"), by changing the UDC Zoning Map in reference to a 13.206 -acre tract of land out of Lots 31 and 32, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. The foregoing Ordinance was passed and approved on second reading with the following vote: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029684 13. Second Reading Ordinance - Appropriating developer fees and interest for park improvements and related projects (1st Reading 11/13/12) Ordinance appropriating $43,824.93 in developer contributions and $1,241.91 in interest earnings for a sum of $45,066.84 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. The foregoing Ordinance was passed and approved on second reading with the following vote: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029685 14. Second Reading Ordinance - Accepting and appropriating State grant for Meals on Wheels Program (1st Reading 11/13/12) Corpus Christi Page 7 Printed on 12/4/2012 City Council Meeting Minutes - Final November 20, 2012 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $248,663.25 grant awarded by the Texas Department of Aging and Disability Services and appropriating in No. 1067 Parks and Recreation Grants Fund for the FY 2012 Senior Community Services, Title XIX and Title XX Meals on Wheels Program. The foregoing Ordinance was passed and approved on second reading with the following vote: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029686 15. Second Reading Ordinance - Amending the number of members for the Sister City Committee (1st Reading 11/13/12) Ordinance to revise the membership of the Sister City Committee from 21 members to 15 members. The foregoing Ordinance was passed and approved on second reading with the following vote: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029687 J. EXECUTIVE SESSION: (ITEM 16) 16. Executive Session pursuant to Section 551.071(2) of the Texas Government Code for consultation with attorneys regarding a matter in which the duty of an attorney for the governmental body 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. Mayor Martinez read Executive Session Item No. 16. The council went into executive session. The council returned from executive session. Mayor Martinez announced that no action would be taken on the executive session. K. PUBLIC HEARINGS: (ITEM 17) Mayor Martinez referred to Item No. 17. Pete Anaya, Director of Planning and Environmental Services stated that this item is for a Public Hearing and First Reading Ordinance amending the Comprehensive Plan to include American's Disability Act (ADA) improvements within the public rights -of -way in areas Corpus Christi Page 8 Printed on 12/4/2012 City Council Meeting Minutes - Final November 20, 2012 where capital improvement and bond projects have not been identified. A motion was made by Council Member Loeb, seconded by Council Member Leal to open the public hearing. Mayor Martinez called for comments from the audience. Abel Alonzo spoke in support of the program and thanked the City and Staff. 17. Second Reading Ordinance - Amending the Comprehensive Plan to include Americans with Disabilities Act (ADA) improvements within public right -of -ways (1st Reading 11/20/12) Ordinance amending the Comprehensive Plan of the City of Corpus Christi by adoption of the Corpus Christi ADA Master Plan; providing for repeal of conflicting ordinances; and providing for severance The foregoing ordinance was passed and approved on first reading as follows: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 L. REGULAR AGENDA: (ITEM 18) Mayor Martinez referred to Item No. 18. Emily Martinez, Economic Development stated that this item is nominating Valero Refining as a Double Jumbo Texas Enterprise Zone project. She added that Valero Refining is committing $200 million in investments and retaining approximately 383 jobs. Ms. Martinez stated that Valero will receive the Double Jumbo Zone project which allows them a rebate of State sales tax up to $2.5 million. Mayor Martinez asked for comments from the audience. There were no comments. 18. Nominating oil refining company as a double jumbo Texas Enterprise Zone project making them eligible for State sales tax rebates Approving a resolution nominating Valero Refining ( "Valero ") to the Office of the Governor Economic Development & Tourism ( "EDT ") through the Economic Development Bank ( "Bank ") as a double jumbo enterprise project pursuant to the Texas Enterprise Zone Act ( "Act "). The foregoing resolution was passed and approved as follows: Aye: 8 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Abstained: 1 - Council Member Riojas Enactment No: 029688 M. FIRST READING ORDINANCES: (ITEMS 19 - 21) Corpus Christi Page 9 Printed on 12/4/2012 City Council Meeting Minutes - Final November 20, 2012 Mayor Martinez referred to Item No. 19. Floyd Simpson, Police Chief stated that this item is appropriating a grant from the U.S. Department of Homeland Security in the amount of $22,268, to strenghten our homeland security preparedness. Mayor Martinez asked for comments from audience. There were no comments. 19. Second Reading Ordinance - Accepting and appropriating Federal grant to strengthen homeland security preparedness (1st Reading 11/20/12) Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $22,268 from the U.S. Department of Homeland Security FEMA for funding eligible under the FY 2012 Port Security Grant Program to purchase law enforcement equipment for the Police Department; and appropriating the $22,268 in the No. 1061 Police Grants Fund. The foregoing ordinance was passed and approved on first reading as follows: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Mayor Martinez referred to Item No. 20. Yasmine Chapman, Director of Human Resources stated that this ordinance is authorizing updated service credits in accordance with the Corpus Christi Police Union to provide for increased prior and current service annuities for retirees and beneficiaries of deceased retirees. Mayor Martinez asked for comments from the audience. There were no comments. 20. Second Reading Ordinance - Authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" in the Texas Municipal Retirement System for adherence to collective bargaining agreement (1st Reading 11/20/12) An ordinance authorizing and allowing, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions; and providing for severance. The foregoing ordinance was passed and approved on first reading as follows: Corpus Christi Page 10 Printed on 12/4/2012 City Council Meeting Minutes - Final November 20, 2012 Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Mayor Martinez referred to Item No. 21. Floyd Simpson, Police Chief stated that this item is for the purchase of additional police motorcycles, and hard cases and LED lighting for patrol rifles previously purchased. Mayor Martinez asked for comments from the audience. There were no comments. 21. Second Reading Ordinance - Appropriating funds for one -time expenditures to provide three police motorcycles and lights and hardcases for previously purchased patrol rifles (1st Reading 11/20/12) Ordinance appropriating $85,000 from the unreserved fund balance in No. 9010 Crime Control District Fund for "one- time" expenditures in the FY 2012 -2013 operating budget, and changing the FY 2012 -2013 operating budget adopted by Ordinance No. 029577 by increasing appropriations by $85,000. The foregoing ordinance was passed and approved on first reading as follows: N. FUTURE AGENDA ITEMS: (ITEMS 22 - 33) Mayor Martinez referred to the Future Agenda section, Items 22 through 33. Mayor Martinez stated that these items are for informational purposes only and that no action or public comment would be taken. City Manager Olson announced that staff would provide a presentation on Items 29 through 33; and Council requested presentations on Items 23, 27, and 28. 22. Supply Agreement for Firefighting Clothing Motion approving a supply agreement with Casco Industries Inc., Pasadena, Texas for firefighting clothing consisting of ninety sets of pants and coats, based on only bid, in accordance with Bid Invitation No. BI- 0003 -13 for an estimated annual expenditure of $139,064.40 of which $92,709.60 is required for the remainder of FY 2012 -2013. The term of the agreement will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by Fire Department in FY 2012 -2013. This Motion was recommended by Staff to the Consent Agenda. 23. Approving the purchase of nineteen (19) Chevrolet Tahoes for replacement vehicles in the Police Department fleet Corpus Christi Page 11 Printed on 12/4/2012 City Council Meeting Minutes - Final November 20, 2012 Motion approving the purchase of nineteen (19) Chevrolet Tahoes from Caldwell Country, Caldwell, Texas for a total amount of $521,639. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). All units are replacements to the fleet and will be used by the Police Department. Funding is available in the FY 2012 -2013 Capital Outlay Budget of the Fleet Maintenance Fund. This Motion was recommended by Staff to Consent Agenda. 24. Purchase of a replacement vehicle (vacuum truck) for the maintenance of wastewater collection main lines Motion approving the purchase of one (1) vacuum truck from Houston Freightliner, Inc., Houston, Texas for a total amount of $305,896.14. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). Funding is available in the FY 2012 -2013 Capital Outlay Budget of the Maintenance Service Fund. This Motion was recommended by Staff to the Consent Agenda. 25. Amending City Investment Policy to further protect the City's assets Resolution approving amendments to the City Investment Policy to amend term for Certificate of Deposit from one to two years and include brokered certificates of deposit as an authorized investment; and approving the Investment Policy as amended. This Resolution was recommended by Staff to the Consent Agenda. 26. Agreement for temporary tax abatement for outpatient surgery center providing for 12 permanent jobs located at 6200 Saratoga Boulevard Resolution authorizing the execution of an agreement with JHPK, LLC providing for temporary property tax abatement. This Resolution was recommended by Staff to the Consent Agenda. 27. Contract amendment no. 2 to authorize additional design time for Hike and Bike Trails project Motion authorizing the City Manager, or designee, to ratify Amendment No. 2 to the Contract for Professional Services with JEC Architects, Inc. of Corpus Christi, Texas, in the amount of $7,800.00, for a total restated amount not to exceed $52,175.00 for the Hike & Bike Trails - City Wide (Bond 2008). This Motion was recommended by Staff to the Consent Agenda. Corpus Christi Page 12 Printed on 12/4/2012 City Council Meeting Minutes - Final November 20, 2012 28. Interlocal agreement for extending waterline on County Road 52 for installation of fire hydrants Resolution authorizing the City Manager, or designee, to execute an Interlocal Agreement with Nueces County and the Nueces County Water Control and Improvement District No. 3 in an amount not to exceed $25,000, to extend the water line on County Road 52. This Resolution was recommended by Staff to the Consent Agenda. 29. Professional services contract for decommissioning of wastewater treatment plant Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $590,887.00 for the Broadway Wastewater Treatment Plant Decommissioning. This Motion was recommended by Staff to the Consent Agenda. 30. Construction contract for an effluent line from Oso Water Reclamation Plant to Wooldridge Lift Station for delivering effluent water to various golf courses and City Parks via existing effluent distribution network Motion authorizing the City Manager, or designee, to execute a construction contract with S.J. Louis Construction in the amount of $2,433,323.70 for the Oso Effluent Re -Use Distribution System Phase 1 Project. This Motion was recommended by Staff to the Consent Agenda. 31. Refunding of existing General Improvement Bonds (ITEMS 12 - 14) Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the City of Corpus Christi, Texas General Improvement Refunding Bonds, Series 2012C and for the City of Corpus Christi, Texas General Improvement Refunding Bonds, Taxable Series 2012. This Motion was recommended by Staff to the Consent Agenda. 32. Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas General Improvement Refunding Bonds, Series 2012C ", levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the Bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the Bonds, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent /registrar agreement; a purchase contract, and an escrow and trust agreement; Corpus Christi Page 13 Printed on 12/4/2012 City Council Meeting Minutes - Final November 20, 2012 complying with the letter of representations on file with the depository trust company; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of the bonds, and providing an effective date. This Ordinance was recommended by Staff to the Consent Agenda. 33. Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas General Improvement Refunding Bonds, Taxable Series 2012 ", levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the Bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the Bonds, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement; a purchase contract, and an escrow and trust agreement; complying with the letter of representations on file with the depository trust company; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of the bonds, and providing an effective date. This Ordinance was recommended by Staff to the Consent Agenda. O. UPDATES TO CITY COUNCIL: (ITEM 34) 34. Annual Status Report from the Texas Department of Transportation (TxDOT) on Harbor Bridge Improvements /Replacement and other construction, maintenance and administrative issues. Mayor Martinez referred to Item No. 34, Annual Status Report from Texas Department of Transportation on Harbor Bridge Improvements /Replacement. Lonnie Gregorcyk, District Engineer, Texas Department of Transportation provided an overview of the following major projects under construction: 1) BS 286A - Ayers Street, to widen four lanes with a continuous left turning lane, target completion is early June 2013 and approximate cost of projct is $5.5 million; 2) Americans Disability Act (ADA) - Various Roadway, to install and upgrade curb ramps, a year from completion, and approximate cost of project is $1.2 million; 3) FM 24 - Violet Road, to rehabilitate roadways, target completion is May 2013 and approximately cost of project is $2.3 million; and 4) FM 3386 - McKenzie Road, is to rehabilitate roadways and add shoulders. The project began in August 2012 and is scheduled to be completed by Summer 2013 and approximate cost of project is $2.8 million. Mr. Gregorcyk then discussed future projects. P. PUBLIC COMMENT. Mayor Martinez referred to Public Comment. Carolyn Moon spoke about an item on the agenda related to development, water and sewer lines; Art Norman congratulatd the Council on their election, and spoke about Oso Creek Park and invited the Council and City Staff to the following two events: 1) Saturday, December 1st starting at 630 am for Guided Hiking Tours; and 2) HighTouch Corpus Christi Page 14 Printed on 12/4/2012 City Council Meeting Minutes - Final November 20, 2012 Technologies, Holiday Open House on Thursday, December 6, from 3:30 pm to 5:30 pm, at 711 N. Carancahua. Q. CITY MANAGER'S COMMENTS: City Manager Olson announced the following updates: 1) a Council Orientation on Tuesday, December 4 at 8:30 am, 2) introduced Kimberly Jozwiak, the new Director of Municipal Court, 3) an update regarding the schedule for the 2012 Bond Projects is planned for December 11, 4) update on Street User Fee is planned for December 18, and 5) spoke about the management contract with the Corpus Christi Museum of Science and History and announced that Carol Rehtmeyer has been hired as the Museum Director and that Ms. Rehtmeyer works for the joint partnership. New City Council Member Orientation Update on City Operations R. ADJOURNMENT Mayor Martinez made the following Council Committee Appointments: Council Municipal Court Committee: Chair - Council Member David Loeb; Members - Council Members Colleen McIntyre, Kelley Allen, and Rudy Garza Council Audit Committee: Chair - Mark Scott; Members - Council Members Lillian Riojas, Chad Magill, and Priscilla Leal There being no further business to come before the Council, Mayor Martinez declared the Council meeting adjourned at 4:25 pm on November 20, 2012. Corpus Christi Page 15 Printed on 12/4/2012 a. CITIZENS ADVISORY HEALTH BOARD — Two (2) vacancies; one City appointee with term to 11- 11 -15, one Joint (City and County) appointee with term to 11- 11 -14. DUTIES: To study and assist in health and human service operations, services and programs, and to make recommendations to the City and County through the Director of Health and Human Services. COMPOSITION: Eleven (11) members, five (5) members appointed by the City Council for three -year terms, five (5) by the Commissioners Court for two -year terms; and one member appointed jointly by the City and the County. The board elects its own president and vice president. *The City Manager and Nueces County Judge will meet to make a recommendation to both entities on the Joint appointment. ORIGINAL MEMBERS TERMS APPTD. DATES *Amanda Stukenberg (City) 11 -11 -12 5 -08 -01 Elizabeth Sefcik (City) 11 -11 -14 11 -08 -11 Suzzette Chopin (City) 11 -11 -14 2 -21 -06 Annie Galvan (City) 11 -11 -13 11 -9 -10 Lauren Youngborg (City) 11 -11 -14 11 -08 -11 Pamela Brouillard (County) 06 -30 -13 8 -11 -10 Pamela S. Meyer (County), Vice -Pres. 06 -30 -14 7 -09 -08 Belinda Flores (County) 06 -30 -13 8 -20 -12 Dr. Tony C. Diaz (County) 06 -30 -13 11 -11 -78 Sandra Heatherley (County), President 06 -30 -14 6 -16 -10 ** *Ted Schroeder (Joint) 11 -11 -14 01 -18 -12 Legend: * Seeking reappointment * *Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance *****Has met six -year service limitation (The Citizens Advisory Health Board is recommending the reappointment of Amanda Stukenberg (City). In addition, Nueces County Judge Loyd Neal and City Manager Ron Olson are recommending Thomas Rosales for the jointly appointed position.) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Amanda Stukenberg (City) 7 5 71% OTHER INDIVIDUALS EXPRESSING INTEREST: Sylvia R. Cantu Coretta Graham Anthony Mulheron Thomas Rosales Self Employed, Texas Sno -Pro. Formerly Records Management Coordinator /Supervisor for Nueces County. Recipient of Outstanding Awards from Texas State Library and South Texas State Associate Records Management Association. (4/29/11) Self- Employed, Attorney. Activities include: Junior League; Leadership Corpus Christi Alumni; Corpus Christi Chamber 40 under 40; BoldFuture; NAACP; Delta Sigma Theta CC Alumnae Chapter. (9/06/11) Quality Control Inspector, L3. Owner, AJM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (5/2/11) Tech Support Help Desk Rep., First Data Corporation. Former employment included TX Dept. of Criminal Justice, TX Youth Commission, TX Dept. of Aging & Disability Services. Activities include: volunteers with Bayfest, H -E -B Feast of Sharing, Retama Manor Nursing Center. (11/13/12) b. LIBRARY BOARD — Three (3) vacancies with terms to 11 -05 -14 representing the following: 2 — At Large, 1 - nominee by Friends of the Corpus Christi Public Libraries Board. DUTIES: The committee shall be advisory to the City Council and its duties shall be to investigate and recommend to the Council matters relating to library services. COMPOSITION: Nine (9) members, seven (7) members shall be appointed for two -year terms by the City Council, one (1) member shall be nominated by the La Retama Club, and one (1) shall be nominated by the Friends of the Corpus Christi Public Libraries Board for a term of two - years. Each nominee must be confirmed by a majority of City Council Members. MEMBERS Mary Jane Garza Lawrence Jordan Catherine MacLachlan *Dr. Stuart Elovitz Paul Altheide John B. Keys * *Michael Flores Roberta Sewell, La Retama Club *Natalie Rogen, Friends of C.C. Libraries Sue Stanford TERM 11 -05 -13 11 -05 -13 11 -05 -13 11 -05 -12 11 -05 -13 11 -05 -13 11 -05 -12 11 -05 -14 11 -05 -12 Honorary, non - voting ORIGINAL APPTD. DATE 12 -08 -09 2 -10 -09 8 -23 -11 2 -10 -09 11 -08 -11 12 -8 -09 5 -13 -08 7 -17 -12 2 -10 -09 1 -17 -03 Legend: * Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences /Failed to file Ethics Report *****Has met six -year service limitation (The Library Board is recommending the reappointments of Dr. Stuart Elovitz and Natalie Rogen (Friends of C.C. Libraries) and the new appointment of Evelyn Sue Donahoe.) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Dr. Stuart Elovitz 9 Natalie Rogen, (Friends/Libr.) 9 NO. PRESENT 9 9 % OF ATTENDANCE LAST TERM YEAR 100% 100% OTHER INDIVIDUALS EXPRESSING INTEREST: Adrian Desmond Dansby Evelyn Sue Donahoe Coretta Graham Scott M. Harris Ken Muir Thomas Rosales Special Education Department Chairperson, Richard King High School. Holds a BBA and MBA in Management from Texas A &M University — Corpus Christi. Additionally, holds Principal Certification and Generic Special Education Certification. (09/28/11) Self- Employed, Author, Freelance Writer. Activities include: Co- Founder of the South Texas Music Walk of Fame. Creator of archive of the South Texas Music Walk of Fame for the La Retama Library. (10/31/11) Self- Employed, Attorney. Activities include: Junior League; Leadership Corpus Christi Alumni; Corpus Christi Chamber 40 under 40; BoldFuture; NAACP; Delta Sigma Theta CC Alumnae Chapter. (9/06/11) Professional Engineer, HDR Engineering, Inc. Received a B.S. in Civil Engineering from Prairie View A &M University. Currently pursuing an M.A. in Strategic Studies from the Naval War College. He is a 23 -year veteran in our armed forces, completing numerous humanitarian construction projects, and served in Operations Iraqi Freedom and USSOUTHCOM. He remains in the Navy Reserves as a Lieutenant Commander and Civil Engineer Corp Officer and serves as the Operations Officers for a Navy Mobile Construction Battalion. Activities and interests include: Scout leader at Nature Conservancy and Blucher Park, history, heritage, geography, reading, South Texas Council of Boy Scouts, Texas State Aquarium, Museum of Science and History, Art Museum of South Texas, Society of American Military Engineers and American Society of Civil Engineers. (10/31/12) Attorney- Advisor, Corpus Christi Army Depot Legal Office. Activities include: Volunteer for the Optimist Coastal Bend Chess Federation for scholastic chess. (4/18/11) Tech Support Help Desk Rep., First Data Corporation. Formerly employment included TX Dept. of Criminal Justice, TX Youth Commission, TX Dept. of Aging & Disability Services. Activities include: volunteers with Bayfest, H -E -B Feast of Sharing, Retama Manor Nursing Center. (11/13/12) Julia Stafford Category Manager, Stripes, LLC. She and family actively support and participate in various events of the Dr. Clotilde P. Garcia branch public library. Other activities include: member of Net Impact, an organization of professionals working together through jobs and businesses to move towards a more sustainable future. (11/28/12) c. (NEW) MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD — Six (6) vacancies to represent the following categories: 2 — Members nominated by the Friends of the Museum, 4 — Members nominated by the Mayor with at least one person in each of the three fields: K — 12 Education, Higher Education, and the Business Community. (This is a Mayoral appointed board with the advice and consent of the City Council.) DUTIES: To serve as an advisor to the Museum Department and to the City Council in matters of support and development of the Museum. The Board may adopt comprehensive policies relating to the following: (1) Management of collections; (2) Acquisitions for the collections; (3) Disposition and the de- acquisition of objects in and for the collection; (4) Use of museum facilities. COMPOSITION: Six (6) members appointed by the Mayor, with advice and consent of the Council, to be selected as follows: Two (2) - nominated by Friends of the Museum; Four (4) — nominated by the Mayor who shall seek at least one member from each of the following fields: K -12 Education, Higher Education and the Business Community. Ex- officio members shall include the City Manager and Superintendent of CCISD, or their designated representatives. The Mayor may also choose other advisory members he /she deems serves the best interest of the Museum. MEMBERS, TERMS, AND EXPIRATION DATES: Three -year terms. (The Friends of the Museum nominees are Kathy Juneau and Tom Kimes.) INDIVIDUALS EXPRESSING INTEREST: Luis Cabrera Larisa Ford, Ph.D. Human Resources Representative, Cintas Corporation. Received a BBA from Texas A &M- Corpus Christi. Professional with Human Resources certification. Activities include: Iglesia Maranatha volunteer, Corpus Christi Human Resource Management Association, and Young Business Professionals of the Coastal Bend. Senior Biologist, U.S. Fish & Wildlife Service. Received a B.S. in Marine Biology from Texas A &M University - Galveston, an M.S. in Microbiology from Texas A &M University - College Station, a Ph.D. in Veterinary Microbiology (Minor: Fisheries) from Louisiana State University and a Masters of Public Administration (Environmental Track) from Texas A &M University- Corpus Christi. Former Educator, Sinton ISD. Certified Fisheries Scientist, Certified Open Water SCUBA Diver. Activities include: Served as a Special Emphasis Program Coordinator for Disabilities at U.S. Fish & Wildlife Southwest Region 2, former Coordinator for the Youth Conservation Corp Program at Aransas National Wildlife Refuge, International Association for Aquatic Animal Pablo Arturo Garza Dr. Jonda Halcomb Scott M. Harris Dr. Robert Hatherill Kathy N. Juneau Medicine, World Aquaculture Society, American Society for Microbiology. Coached Corpus Christi Little League Boys & Girls basketball. Project Engineer, Maverick Engineering, Inc. Received Bachelor of Science from Texas A &M University - Kingsville. Activities include: Special Olympics Texas and Youth Group at Our Lady of Perpetual Help Catholic Church. Chair of Natural Sciences, Del Mar College. Received B.S. in Biology from Loma Linda University, M.S. in Biology from Texas A & M University — Corpus Christi, and Ph.D. in Entomology/Biology from Texas A & M University — College Station. Activities include: Entomological Society of America, National Science Teachers Association, National Biology Teachers Association and Partners in Education. (Higher Education) Professional Engineer, HDR Engineering, Inc. Received a B.S. in Civil Engineering from Prairie View A &M University. Currently pursuing an M.A. in Strategic Studies from the Naval War College. He is a 23 -year veteran in our armed forces, completing numerous humanitarian construction projects, and served in Operations Iraqi Freedom and USSOUTHCOM. He remains in the Navy Reserves as a Lieutenant Commander and Civil Engineer Corp Officer and serves as the Operations Officers for a Navy Mobile Construction Battalion. Activities and interests include: Scout leader at Nature Conservancy and Blucher Park, history, heritage, geography, reading, South Texas Council of Boy Scouts, Texas State Aquarium, Museum of Science and History, Art Museum of South Texas, Society of American Military Engineers and American Society of Civil Engineers. Professor, Del Mar College. Received B.S. and M.S. from Eastern Michigan University and Ph.D. from the University of Michigan. Activities include: Sigma Xi, NISOD and AAHHE. Received Who's Who in the World Award. (Higher Education) Retired Chemist, Celanese Corporation. Received BS and MS from University of Minnesota and PhD from Colorado State University. Activities include: Volunteer at Museum of Science and History, Member of Museum of Science and History Auxiliary, and former Aqua Aerobics Teacher at YWCA. (Friends of the Museum) Thomas Kimes Stephanie Knox Shannon Madden Scott Sutherland Linda Torno Retired. Received BS, MA, and PhD in Mathematics. Activities include: Volunteer at Museum of Science and History and District Deputy Grand Master, Masonic District 37A, Grand Lodge of Texas AF &AM. (Friends of the Museum) Special Events Coordinator, Corpus Christi Chamber of Commerce. Currently studying towards a Master's degree in Communications Studies from Texas A &M University- Corpus Christi. Activities include: Young Business Professionals of the Coastal Bend. Volunteer. Received Associates Degree in Early Childhood Education from Del Mar College. Activities include: Chula Vista AFA Elementary PTA, Chairperson for VIPS, Chess Club, Girl Scouts, and Bible Class Teacher. Vice President/Business Development, Valuebank Texas. Received BBA in General Business from Corpus Christi State University. Program Advisor for Secondary Science, Corpus Christi Independent School District. Teacher for CCISD for 19 years. Activities include coaching basketball, soccer and volleyball. d. REGIONAL HEALTH AWARENESS BOARD — Two (2) vacancies with terms to 10 -01 -14 and 10 -01 -15 representing City Community Representatives. DUTIES: To connect public, government and industry on issues regarding health, safety, and the government. COMPOSITION: The Regional Health Awareness Board is made up of thirteen (13) voting members representing a cross - section of health, environmental, and social interest. Two (2) of these community members will be appointed by the City Council, two members will be appointed by the Commissioners Court Nueces County, and two members will be appointed by the Commissioner Court San Patricio County for three -year terms. At -large members are appointed to three -year terms as follows: 1 -City of Corpus Christi, 1 — Nueces County, 1 — San Patricio County, 2 — Port Industries of Corpus Christi, 1 — Texas A & M — Corpus Christi, and 1 — Texas A & M — Kingsville. Additionally, there are four (4) ex- officio /non - voting representatives, one (1) from each of the following agencies: Texas Commission on Environmental Quality, Environmental Protection Agency, Nueces County /City of Corpus Christi Public Health District and San Patricio County Department of Public Health. MEMBERS Dr. James Mobley (San Patricio — Comm. Rep.), Chair Tom Ballou (Port Industries) Oscar Martinez (City Representative) ***Patricia E. Mattocks (City — Community. Rep.) **Patty Clark (City — Community Rep.) Ronald K. Barnard (County — Community Rep) Dr. William G. Curtis (County — Community Rep.) Alonso Molina (San Patricio — Community Rep.) Dr. Wesley Stafford (County Representative) Dennis Roberts (San Patricio Representative) Rich Tuttle (Port Industries) Dr. Mary Jane Hamilton (TAMU — Corpus Christi) Dr. Alvaro Martinez (TAMU — Kingsville) Annette Rodriguez (Nueces County Health Admin) Delores Bacon (San Patrico Administrator) Shirley Quinones (Environmental Protection Region 6) Susan Clewis (TX Comm. on Environmental Quality) TERM 01 -01 -12 01 -01 -13 01 -01 -14 10 -01 -11 10 -01 -12 10 -01 -12 10 -01 -12 10 -01 -12 01 -01 -13 10 -01 -12 01 -01 -14 01 -01 -12 01 -01 -12 Ex- officio Ex- officio Ex- officio Ex- officio Legend: * Seeking reappointment * *Not seeking reappointment ***Resigned * ** *Exceeded number of absences/Failed to file Ethics Report *****Has met six -year service limitation ORIGINAL APPTD. DATE 10 -01 -05 10 -01 -03 08 -23 -11 10 -14 -08 10 -13 -09 06 -01 -09 06 -01 -09 10 -01 -03 02 -02 -11 10 -01 -05 01 -01 -07 10 -01 -05 05 -01 -09 (The Regional Health Awareness Board is recommending the new appointments of Donna Huddleston and Ambar Qureshi as City — Community Representatives.) INDIVIDUALS EXPRESSING INTEREST: Yvonne Fernandez Coretta Graham Bill J. Hoelscher Donna Huddleston Ambar Qureshi Brian Solarek Merchandising Executive for South Central Region, Macy's Department Store. Pursuing BBA and Management degree at Del Mar College, transferring to TAMU -CC. Activities include: Embajador of Corpus Christi Hispanic Chamber of Commerce, Young Business Professionals of the Coastal Bend, and Alpha Beta Gamma. (7/31/12) 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) Executive Director, Coastal Bend AIDS Foundation. Received a BA in Psychology and an MS in Counseling from Corpus Christi State University (TAMUCC). He has worked with many non - profits over the years and is willing to give more time and service to the community. (11 /01 /11) Asst. Professor of Nursing, Del Mar College. Holds a Doctorate in Public Health Nursing from University of Illinois at Chicago. Also holds ADN, BSN, and MSN degrees. (05/10/11) Director of Operations, Superior Health Plan. Received an MBA from the State University of New York at Buffalo — concentrations in Health Care and Marketing. Activities include: overseeing outreach efforts of Superior Health Plan in the community (Catholic Charities, Food Bank, Health Fairs). (04/01/11) Global Services & Support Logistics Leader, The Boeing Co. Received a Masters degree in Organizational Dynamics. Very willing and interested to serve on a City Board. (09/25/12) DATE: TO: Ronald L. Olson, City Manager AGENDA MEMORANDUM Future Item for the City Council Meeting of November 20, 2012 Action Item for the City Council Meeting of December 11, 2012 11/20/2012 FROM: Michael Barrera, Assistant Director of Financial Services m ikeb(a�cctexas. cam 361- 826 -3169 Robert Rocha, Fire Chief rrocha(ccctexas. com 361- 826 -3932 Firefighting Clothing CAPTION: Motion approving a supply agreement with Casco Industries Inc., Pasadena, Texas for firefighting clothing consisting of ninety sets of pants and coats, based on only bid, in accordance with Bid Invitation No. BI- 0003 -13 for an estimated annual expenditure of $139,064.40 of which $92,709.60 is required for the remainder of FY 2012 -2013. The term of the agreement will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by Fire Department in FY 2012 -2013. PURPOSE: The firefighting clothing is worn by City Firefighters for protection against fire and heat. BACKGROUND AND FINDINGS: The Fire Department has standardized on Globe Firefighter clothing. They have been utilizing this type of firefighter clothing for the past sixteen years. It has withstood the test of time and holds up well under field conditions. Standardization allows the department to inventory spare suits and clothing accessories for interchangeability of torn or damaged suits. The clothing is manufactured utilizing the highest quality and safety standards available on the market. Casco Industries Inc., Pasadena, Texas is the exclusive dealer in Texas, representing Globe Firefighters Suits. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON-EMERGENCY: Non - Emergency. DEPARTMENTAL CLEARANCES: Fire Department FINANCIAL IMPACT: Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $255,319.00 $46,354.80 $301,673.80 Encumbered / Expended Amount $36,568.47 $36,568.47 This item $92,709.60 $46,354.80 $139,064.40 BALANCE $126,040.93 $126,040.93 Fund(s): Fire Department Comments: The $92,709.60 financial impact shown above represents eight months of expenditures that will be encumbered through the end of this fiscal year. The remaining $46,354.80 for the last four months of the contract will be requested for next fiscal year during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation. FIREFIGHTING CLOTHING CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION FIREFIGHTING CLOTHING BUYER: GABRIEL MALDONADO BI- 0003 -13 COUNCIL DATE: NOVEMBER 20, 2012 CASCO INDUSTRIES PASADENA, TEXAS Item Description 1 Turnout Coat 2 Turnout Pant Total Qty. Unit Price Extended Price 90 90 $902.22 642.94 $81,199.80 57,864.60 $139,064.40 DATE: TO: AGENDA MEMORANDUM Future Item for the City Council Meeting of November 20, 2012 Action Item for the City Council Meeting of December 11, 2012 11/20/2012 Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services m ikeb(a)cctexas. com 361- 826 -3169 Jim Davis, Director of General Services i im d(c�cctexas. com 361- 857 -1909 Chevrolet Tahoes CAPTION: Motion approving the purchase of nineteen (19) Chevrolet Tahoes from Caldwell Country, Caldwell, Texas for a total amount of $521,639. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). All units are replacements to the fleet and will be used by the Police Department. Funding is available in the FY 2012 -2013 Capital Outlay Budget of the Fleet Maintenance Fund. BACKGROUND AND FINDINGS: These nineteen (19) vehicles will be used by the Police Department for day -to -day police work. All units are replacement units to the fleet. The Chevrolet Tahoe is an alternate choice in police interceptor vehicles, as the Crown Victoria series is no longer available. The Tahoes are equipped with a police package, which includes a higher horsepower engine, heavy -duty brakes, radiator and heavy duty battery charger system. Replaced units will be disposed of through standard disposal of surplus property procedures, including live auctions and /or electronic auctions. Fifteen of the Tahoes are two -wheel drive (2WD) and four of the Tahoes are four -wheel drive (4WD). ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: General Services Department FINANCIAL IMPACT: Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $4,871,953.80 $4,871,953.80 Encumbered / Expended Amount 1,529,529.00 1,529,529.00 This item 521,639.00 521,639.00 BALANCE $2,820,785.80 $2,820,785.80 Fund(s): Maintenance Service Fund Comments: Not applicable. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: ELISA COVINGTON COUNCIL DATE: NOVEMBER 20, 2012 PRICE SHEET CHEVROLET TAHOES BUYBOARD CONTRACT NO. 358 -10 CALDWELL COUNTRY CHEVROLET CALDWELL, TEXAS ITEM DESCRIPTION QTY UNIT UNIT EXTENDED PRICE PRICE 1. 2013 Chevrolet Tahoe 2WD 2. 2013 Chevrolet Tahoe 4WD TOTAL: 15 4 EA $26,617.00 $399,255.00 EA $30,596.00 $122,384.00 $521,639.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 20, 2012 Action Item for the City Council Meeting of December 11, 2012 DATE: TO: November 20, 2012 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 j i m d(a� cctexas. com (361) 857 -1909 Vacuum Truck CAPTION: Motion approving the purchase of one (1) vacuum truck from Houston Freightliner, Inc., Houston, Texas for a total amount of $305,896.14. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). Funding is available in the FY 2012 -2013 Capital Outlay Budget of the Maintenance Service Fund. PURPOSE: To be used by the Wastewater Department to clean and maintain 1,250 miles of 6" diameter and larger wastewater collection main lines. BACKGROUND AND FINDINGS: The unit is a replacement to the fleet. The unit being replaced has been in service over seven (7) years. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Local manufacturers' dealers Corpus Christi Freightliner and Waukesha- Pearce Industries, Inc. will provide warranty support service. 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: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $4,871,953.80 $0 $4,871,953.80 Encumbered / Expended Amount $1,529,529.00 $0 $1,529,529.00 This item $305,896.14 $0 $305,896.14 BALANCE $3,036,528.66 $3,036,528.66 Fund(s): Maintenance Service Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN ITEM DESCRIPTION HGAC CONTRACT NO. HT11 -12 & SC01 PRICE SHEET VACUUM TRUCK QTY. UNIT Houston Freightliner Houston, Texas Unit Price Extended Price Freightliner 114SD Cab and Chassis with VAC -ALL AJV 1215 Sewer Cleaning Vacuum Body 1 Each $305,896.14 $305,896.14 TOTAL: $305,896.14 AGENDA MEMORANDUM Future Agenda for the City Council Meeting of November 20, 2012 Action Item for the City Council Meeting of December 11, 2012 DATE: December 11, 2012 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP ©cctexas.com (361) 826 -3227 Approval of Amendments to the City's Investment Policy CAPTION: Resolution approving amendments to the City Investment Policy to amend term for Certificate of Deposit from one to two years and include brokered certificates of deposit as an authorized investment; and approving the Investment Policy as amended. PURPOSE: The Public Funds Investment Act requires annual review by the governing body of its Investment Policy, and adoption of a written instrument stating that it has reviewed the investment policy and investment strategies. BACKGROUND AND FINDINGS: Under Texas Government Code, Chapter 2256, Subchapter A. Authorized Investments For Governmental Entities, the State of Texas delineates the types of investments and the investment rules that must be followed by governmental entities. This chapter is often referred to as the Public Funds Investment Act. Legislative changes to the Public Funds Investment Act were made in 2011 which provided clarification to several of the sections of the Act. The changes being proposed this year provide further clarification for brokered certificates of deposit (CD) specifically to require brokered CD's to have a "cusip" number (a 9- character alphanumeric code that identifies a financial security for purposes of facilitating clearing and settlement of trades) and to be held in safekeeping at a third -party institution. These changes are being proposed to further protect the City's assets. Additionally, it is being recommended that the City be authorized to purchase CD's for up to a two -year term since interest rates are at historic lows and purchasing longer term investments yield a higher return. ALTERNATIVES: n/a OTHER CONSIDERATIONS: The City has established an Investment Committee which consists of the City Manager, Assistant City Managers, City Attorney, Director of Financial Services, and Assistant Director of Management and Budget, or their designees. The Committee met on October 31, 2012 to review and approve the Investment Policy. In accordance with the Public Funds Investment Act which requires the governing body to approve the City's investment policy annually, City staff is recommending approval of the policy as amended. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Legal Department • Investment Committee FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - $ - $ - $ - Encumbered/Expended amount of (date) - - - - This item - $ - $ - $ - BALANCE - $ - $ - $ - FUND(S): COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: City Investment Policy Resolution Resolution approving amendments to the City Investment Policy to amend term for Certificate of Deposit from one to two years and include brokered certificates of deposit as an authorized investment; and approving the Investment Policy as amended. WHEREAS, the City of Corpus Christi Investment Policy was adopted in Resolution No. 022390 on October 24, 1995; and was last approved in Resolution 029320 on December 13, 2011; and WHEREAS, the Investment Policy provides for annual review by City Council; and WHEREAS, the Public Funds Investment Act requires annual review by the governing body of its Investment Policy, and adoption of a written instrument stating that it has reviewed the investment policy and investment strategies; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Corpus Christi City Council has reviewed amendments to the City Investment Policy to increase term for Certificates of Deposit from one to two years and-include brokered certificates of deposit as an authorized investment. The City Council approves the Investment Policy as amended. A copy of the Investment Policy without appendices as amended is attached. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Nelda Martinez Mayor Corpus Christi, Texas of ,2012 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Resolution - Investment Policy.doc 2 CITY OF CORPUS CHRISTI, TEXAS FINANCIAL SERVICES INVESTMENT POLICY Dec-ember-PT-MU December 11, 2012 ' 4O1RPO 0 1852 TABLE OF CONTENTS Page I. INTRODUCTION 1 II. PURPOSE 1 III. DEFINITIONS 2 IV. INVESTMENT OBJECTIVES 4 V. AUTHORIZED INVESTMENTS AND MAXIMUM MATURITY 5 VI. INVESTMENT STRATEGIES 10 VII. DESIGNATION OF RESPONSIBILITY 12 VIII. INTERNAL CONTROLS 13 IX. COMPETITIVE SOLICITATION 14 X. AUTHORIZED COUNTER - PARTIES 14 XI. COLLATERALIZATION 15 XII. SAFEKEEPING OF CITY SECURITIES 16 XIII. INFORMATION REPORTING /PORTFOLIO EVALUATION 17 XIV. BANKING SERVICES 18 XV. ANNUAL POLICY ADOPTION 18 XVI. GENERAL PROVISIONS 18 APPENDICES A. PUBLIC FUNDS INVESTMENT ACT B. CITY'S CODE OF ETHICS ORDINANCE C. RESOLUTION D. LEGAL DEFENSE AND INDEMNIFICATION OF CITY OFFICERS AND EMPLOYEES i CITY OF CORPUS CHRISTI INVESTMENT POLICY INTRODUCTION The City of Corpus Christi shall invest all available monies in compliance with this Investment Policy as adopted by the City Council and authorized by the Public Funds Investment Act. Effective cash management is recognized as essential to good fiscal management. An aggressive cash management program will be pursued to maximize interest earnings as a viable and material revenue source. The City's portfolio shall be designated and managed in a manner responsive to the public trust and consistent with local, state and federal law. Investments shall be made with the primary objective of: • Preservation of capital and protection of principal; • Maintenance of sufficient liquidity to meet operating needs; • Security of city funds and investments; • Diversification of investments to minimize risk while maximizing interest earnings; and • Maximization of return on the portfolio. Earnings from investments will be used in a manner that will best serve the interests of the City of Corpus Christi. Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion and intelligence would exercise in the management of that person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. 11. PURPOSE A. Authorization This Investment Policy is authorized by the City Council in accordance with Chapter 2256, Subchapter A of the Texas Government Code - The Public Funds Investment Act (the "Act" attached and incorporated as Appendix A). B. Scope This Investment Policy applies to all funds of the City, excluding pension funds, with regard to investing the financial assets of Funds, including, but not limited to: General Fund Special Revenue Funds Enterprise Funds 1 Internal Service Funds Special Purpose Funds (within the control of Investment Officers) Capital Improvement Funds (including Bond Proceeds, Bond Reserves, Debt Service, Commercial Paper and any other debt instrument) In addition to this Policy, the investment of Bond Funds, Debt Service, and Reserve Funds shall be managed (including the yield calculation thereon) by their governing ordinances and Federal Law, including the Tax Reform Act of 1986 and subsequent legislation. C. Review and Amendment This Policy shall be reviewed and adopted no Tess than annually by the City Council on or before December 31 of each calendar year. Amendments must be adopted by the City Council. The City Council shall adopt a written instrument by ordinance or resolution stating that it has reviewed the Investment Policy. This ordinance or resolution shall record any changes made to the Investment Policy. III. DEFINITIONS Authorized Broker /Dealer - Primary dealer and regional firms that have been selected by the federal underwriters to distribute their securities. Each authorized firm in a Broker /Dealer will offer the issue at the price authorized by the governmental agency on the initial market issuance. Authorized City Representatives — Investment Officers and City officers authorized to execute transactions are designated in the attached and incorporated Appendix A on behalf of the City. (Specific positions so authorized are the City Treasurer, Investment Analyst, Controller, Chief Accountant, Deputy Director of Financial Services and Director of Financial Services). Authorized Investment — Authorized investments defined by this Policy with a maximum maturity are approved by the Investment Committee and City Council. All Policy authorized securities are listed in Section V. Collateral - Securities pledged by a banking institution or sold under a repurchase agreement, to guarantee City assets. All collateral must be AAA rated. The City requires U.S. Treasuries, U.S. Agency Securities or municipal obligations as collateral so that the market values can be readily determined at any point in time. Collateral requirements are defined in Section XI. Cusip Number - A cusip is a 9- character alphanumeric code which identifies a financial security for purposes of facilitating clearing and settlement of trades. Custodian — An approved independent custodian charged with the safekeeping of securities owned by or pledged to the City. An independent custodian is one not affiliated with any pledging institution or counter - party. Director of Financial Services - The Director of Financial Services is the Municipal Finance Officer responsible for City investments, but not designated as an Investment 2 Officer. The Director of Financial Services may designate the Deputy Director of Financial Services, Controller or Chief Accountant to assist in this process. Excess Cash Balances - Collected bank balances not needed to pay estimated check clearings. Failed Transaction — A transaction in which an investment is not delivered to an institution for operational or availability reasons. The security would fail to be delivered to the Custodian. Institution - Any firm, bank, bank holding company, broker /dealer or Public Funds Investment Pool that offers to sell /buy a financial transaction /security to the City. All such firms must complete a Policy certification as stated by this Policy. Investment Advisor — SEC registered investment advisor contracted by the City to assist in the portfolio management process, reporting and treasury operations /controls. Investment Officers — Individuals designated by the City Council to execute investment transactions. Positions include only the City Treasurer and Investment Analyst. Investment Portfolio - All City monies and securities invested under authority of the Investment Officers. Qualified Representative — As defined by the Act, a person, who holds a position with a business organization, who is authorized to act on behalf of the business organization, and who is one of the following: (A) For a business organization doing business that is regulated by or registered with a securities commission, a person who is registered under the rules of the National Association of Securities Dealers; (B) For a state or federal bank, a savings bank, or a state or federal credit union, a member of the loan committee for the bank or branch of the bank or a person authorized by corporate resolution to act on behalf of and bind the banking institution; (C) For an investment public funds investment pool, the person authorized by the elected official or board with authority to administer the activities of the investment public funds investment pool to sign the written instrument on behalf of the investment public funds investment pool; or (D) For an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b -1 et seq.) or, if not subject to registration under that Act, registered with the State Securities Board, a person who is an officer or principal of the investment management firm. Reserve Funds - Funds designated by the City Council for specific purposes, which have not been appropriated for spending. Securities - Approved Investments designated by the Investment Committee, as defined by Section VII, to be held in the Investment Portfolio or acceptable to be pledged as Collateral to secure the monies of the City. 3 Special Purpose Funds - Monies of non - profit corporations that Investment Officers are permitted to invest; includes such entities as the Coastal Bend Health Facilities Development Corporation, Corpus Christi Housing Finance Corporation, Corpus Christi Community Improvement Corporation, HOME Project, First Time Home Buyer, Corpus Christi Industrial Development Corporation, Corpus Christi Business and Job Development Corporation, North Padre Island Development Corporation, Corpus Christi Crime Control and Prevention District, and Corpus Christi Digital Community Development Corporation. Third Party Safekeeping Institution - Any Institution not affiliated with an Institution delivering the Authorized Investment. IV. INVESTMENT OBJECTIVES The following states the investment objectives of the City in order of priority: A. Preservation and Safety of Principal Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall Investment Portfolio. B. Liquidity The City's Investment Portfolio must be structured in a manner which maintains the liquidity necessary to pay obligations as they become due. Sufficient cash flows must be maintained through cash flow analysis and by rapidly depositing monies and timing disbursements. Generally, Investments are matched to specific cash flow requirements such as payrolls, construction drawdown schedules, debt service payments, and other payables. Liquidity is also achieved by investing in Authorized Investments with active secondary markets or in Public Funds Investment Pools with stable net asset values. C. Investment Yield The City's Investment Portfolio shall be designed with the objective of regularly exceeding the average yield of the following benchmarks in a manner consistent with the principles of this Policy described in Section IV. A and B and reflecting the cash flow expectations and portfolio strategy of the City: Six -month average of Texpool, Lone Star, Texstar and Texas Daily. However, it must be recognized that differing interest rate environments will result in fluctuations. During a declining market, satisfying this objective may not be practical until Authorized Investments mature and can be re- invested, especially since preservation of capital is the first priority in the investment of monies pursuant to this Policy. For bond issues to which arbitrage restrictions apply, the primary objectives shall be to avoid negative arbitrage and to obtain market yields minimizing the costs associated with investing such monies. 4 D. Diversification Diversification is required because of differing liquidity needs of the City and to control risk. Diversification minimizes the risk to the overall Investment Portfolio by spreading market and credit risk as well as potential losses on individual securities or market sector thereby enhancing safety of the Investment Portfolio. Through the solicitation of competitive proposals, the City shall allocate and diversify its Investments through various Institutions. The following types of Investments will be solicited from approved Institutions: 1. Obligations of the United States; including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States. 2. Repurchase Agreements - through a Third Party Safekeeping Institution Agreement, which includes an approved primary dealer doing business in Texas as required by the PFIA; 3. Public Funds Investment Pools - through participation agreements; 4. Certificates of Deposit - through approved local banks or a broker that has a main office or a branch office in this state and is selected from a list adopted by the investing entity. 5. Money Market Mutual Funds; 6. Guaranteed Investment Contracts (for Bond Proceeds only); 7. Texas Term Investment Pool; and 8. Securities Lending Program. The City recognizes that investment risks can result from default risk, credit volatility risk, and market price risks due to various technical and fundamental economic factors, and other complications, leading to temporary illiquidity. To control market price risks, volatile Investments shall be avoided. To control default risk, the only acceptable method of payment will be on a delivery versus payment -basis for all transactions, except Public Funds Investment Pools and repurchase agreements. Delivery versus Payment provides for payment to Institutions at the time the Investments are recorded in book entry form at the City's Third Party Safekeeping Institution, currently maintained at the Federal Reserve. For certificates of deposit, sufficient Collateral at 102% of current market values must be pledged to protect all City monies or monies under its control that exceed Federal Deposit Insurance Corporation (FDIC) coverage; the Collateral must be safe kept at a Third Party Safekeeping Institution not affiliated with the bank or bank holding company providing the certificate of deposit. V. AUTHORIZED INVESTMENTS AND MAXIMUM MATURITY The City of Corpus Christi is authorized to invest only in the following investments. City monies, governed by this Policy, may not be invested in other investments permitted by law unless this Policy is amended and adopted to permit such investment. 5 A. Authorized Investments 1. Obligations of the United States or its agencies and instrumentalities, excluding mortgage backed securities, which currently include the following stated final maturities: a. Short-term U.S. Treasuries: Maximum Maturity 1.) U.S. Treasury Bills up to 365 days* 2.) U.S. Treasury Coupon Notes up to 3 years* 3.) U.S. Treasury Notes and Strips up to 3 years* b. U.S. Agencies: Maximum Maturity 1.)Federal Home Loan Bank up to 2 years* 2.)Federal National Mortgage Association up to 2 years* 3.)Federal Farm Credit up to 2 years* 4.)Federal Home Loan Mortgage Corporation up to 2 years* 5.)Federal Agricultural Mortgage Corporation up to 2 years* *Reserve Funds invested in Treasury and Agency obligations may have a stated final maturity up to five years. 2. Repurchase Agreements up to 365 days Repurchase agreements must be fully collateralized at 102% with a defined maturity date, is secured by a combination of cash and obligations, including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States placed with a primary government dealer with collateral, and safekept at a City approved Custodian, as provided under the provisions of the SIFMA (Securities Industry and Financial Markets Association) Master Repurchase Agreement. An executed agreement between the City, primary government dealer and Custodian will be on file before the City will enter into a tri -party repurchase agreement. Weekly monitoring by the City's Investment Officers or Advisor of all Collateral underlying repurchase agreements is required. More frequent monitoring may be necessary during periods of market volatility. 3. Public Funds Investment Pool up to 1 day A Public Funds Investment Pool duly created and managed in accordance with the Act to function as a money market mutual fund that marks its portfolio to market daily and, to the extent reasonably possible, which stabilizes its portfolio to market daily at $1 net asset value. If the ratio of the market value of the Public funds investment pool's portfolio divided by the book value of the portfolio is less than 99.50% or greater than 100.50 %, the Public -funds investment pool's portfolio holdings shall be sold as necessary to maintain the ratio between 99.50% and 100.50 %. 6 The maximum amount that may be invested in any one public funds investment pool is five (5) percent of the total current invested balance of the Public Funds Investment Pool. The maximum total amount that may be invested in any one overnight Public Funds Investment Pool is thirty (30) percent of the Investment Portfolio. The Public Funds Investment Pool must be continuously rated no lower than AAA or AAA -m or at an equivalent rating by at least one nationally recognized rating service. Public Funds Investment Pools may contain investment securities that are not directly authorized by this Policy, so long as (i) the AAA rating is standard herein above stated is satisfied, and (ii) the investment is permitted by Subchapter A of the Texas Public Funds Investment Act, Chapter 2256 of the Texas Government Code. An investment pool may invest its funds in money market mutual funds to the extent permitted by and consistent with the investment policies and objectives adopted by the investment pool. In addition to the requirements of its investment policy and any other forms of reporting, a public funds investment pool created to function as a money market fund shall report yield to its investors in accordance with regulations of the Securities and Exchange Commission applicable to reporting by money market funds. If the investment pool operates as an internet website, the information in a disclosure instrument or report must be posted on the website. 4. Collateralized and Brokered Certificates of Deposit up to 4 2 years Certificates of deposit or other instruments issued by state and national banks domiciled in Texas that are: a_• Guaranteed or insured by the Federal Deposit Insurance Corporation or its successor; or b._• Secured at 102% by obligations defined by Section XI of this Policy. a. Collateralized Certificates of Deposit — Certificates of deposit must be fully collateralized at 102% of their market value. The City requires the bank to pledge U.S. Treasuries or U.S. Agencies as collateral as described in section V, Subdivision A.1. The Investment Officers will monitor adequacy of collateralization on a weekly basis. b. Brokered Certificates of Deposit — The Investment Officer shall monitor, on no less than a weekly basis, the status and ownership of all banks issuing brokered CDs owned by the City of Corpus Christi based upon information from the FDIC. Brokered CDs will be required to have a cusip number and be held in safekeeping at a third -party institution. If any bank has been acquired or merged with another bank in which brokered CDs are owned, the Investment Officer shall immediately liquidate any brokered CD which is above the FDIC insurance level. 7 5. Money Market Mutual Fund up to 1 year A AAA -rated no -load money market mutual fund (no service charge) is an authorized investment if: a. the money market mutual fund is registered with and regulated by the Securities and Exchange Commission; b. the money market mutual fund provides the City with a prospectus and other information required by the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) or the Investment Company Act of 1940 (15 U.S.C. Section 80a -1 et seq.); c. the money market mutual fund includes in its investment objectives the maintenance of a stable net asset value of $1 for each share; d. the assets of the money market mutual fund are invested in those investments authorized under this Investment Policy; and e. the money market mutual fund has a dollar weighted average stated maturity of 90 days or fewer. 6. Guaranteed Investment Contracts up to 3 years Guaranteed investment contracts offer to pay a specific interest rate over a period of time, and can be structured to reflect an anticipated draw down schedule for capital improvements funded with bond proceeds. The collateral and monitoring requirements applicable to repurchase agreements shall apply to guaranteed investment contracts. A guaranteed investment contract may be utilized only in connection with the investment of bond proceeds. The maximum term of a guaranteed investment contract shall not exceed the anticipated construction period for the capital improvement, the construction of which is to be funded with Bond Proceeds. 7. Texas Term Investment Pool up to 1 year The Texas Term Investment Pool for fixed term investments was created as an investment pool and is a hybrid, mutual fund structure. The pool offers a fixed rate, fixed term portfolio option and is rated AAAf by Standard and Poor's Ratings Services. Participants may lock in a fixed rate for a term of 60 to 365 days. 8. Securities Lending Program .. up to 1 year Securities lending program as defined by the Act qualifies as an authorized investment if the value of the securities loaned under the program is not Tess than 100 %. However, the City requires 102% collateral. A loan made under the program must allow for termination at any time. Collateral is required and pledged to the City, held in the City's name and deposited with a custodian approved by the City. A loan made 8 under the program must be secured by pledged securities described by Section 2256.009(a), pledged irrevocable letters of credit issued by a bank that is organized and existing under the laws of the United States or any other state and continuously rated by at least one nationally recognized investment rating firm at not less than A or its equivalent or cash invested in accordance with Section 2256.009, 2256.013, 2256.014 or 2256.016. The terms of a loan made under the program must require that the securities being held as collateral be pledged to the investing entity, held in the investing entity's name and deposited at the time the investment is made with the entity or with a third party selected by or approved by the investing entity. A loan made under the program must be placed through a primary government securities dealer or a financial institution doing business in Texas. An agreement to lend securities must have a term of one year or less. B. Weighted Average Maturity In order to assure adequate liquidity and to minimize risk of loss to the Investment Portfolio due to interest rate fluctuations, investment maturities will not exceed the anticipated cash flow requirements of the Funds. Maturity guidelines by Fund are as follows: The weighted average maturity (WAM) of the overall portfolio shall be no more than 365 days. 1. Operating Funds The maximum weighted average maturity of Operating Funds shall be 365 days. The Investment Officers will monitor the maturity level and adjust as appropriate throughout the fiscal year. 2. Capital Improvement Funds The maximum weighted average maturity of Capital Improvement Funds shall be 365 days. The Authorized Investment maturity of that portion of the City Portfolio that represents Capital Improvement Funds (bond proceeds, reserve funds, debt service and Commercial Paper) shall be determined considering: a. The anticipated cash flow requirements of the Capital Improvement Funds; and b. The "temporary period" as defined by Federal income tax law during which time bond proceeds may be invested at an unrestricted yield. Bond proceeds subject to yield restriction shall be invested considering that yield restriction to avoid a challenge to the City's related indebtedness qualification as an obligation, the interest in which is not subject to federal taxation under section 103 of the Internal Revenue Code of 1986 as amended (the "IRC "). Bond proceeds subject to yield restriction shall be invested considering the anticipated cash flow requirements of the Capital Improvement Funds. 9 For all bond proceeds controlled by the tax - exempt bond provisions of the IRC a complete yield analysis shall be performed to assure compliance with the IRC. An annual rebate calculation shall be performed to assure compliance with IRC. An annual rebate calculation shall be performed to determine the City's rebate liability at the end of each respective bond issue's five -year term. On the third anniversary of the respective issue date for each bond issue, bond proceeds from such issue will be yield restricted as required by the IRC. 3. Reserve Funds: Established by Operative Bond Funds or by the City Council. The following Reserve Funds may be invested up to five years in U.S. Treasuries or Agencies: Maximum Choke Canyon Fund 4050 $10,000,000 City monies governed by this Policy may not be invested in other investments permitted by law unless (i) such investments are specifically authorized for the investment of these monies by an ordinance adopted by the City Council issuing bonds or other debt obligations or (ii) this Policy is amended to permit such investment. C. Methods to Monitor Investment Market Price The City monitors the market price of investments obtained from Texpool's securities pricing service or the Bloomberg system which is made available through the City's authorized institutional brokers. The City may also obtain market price information from other nationally recognized sources of financial information such as the Wall Street Journal. VI. INVESTMENT STRATEGIES A. Investment Maturity Diversification A minimum of 15% of the total investment portfolio shall be held in Authorized Investments with maturity dates of 90 days or less for liquidity. U.S. Treasuries /Agencies may be purchased for longer -term maturities (greater than one year) but shall not exceed 40% of the total investment portfolio to preserve liquidity. The weighted average maturity limitation of the overall Investment Portfolio takes these requirements into account to protect liquidity and allow flexibility for market environments. Daily Authorized Investment reports shall monitor and address whether these diversification requirements are being met. Unless approved by the Investment Committee, the target percentages specified shall not be exceeded for temporary periods greater than thirty (30) days without the Investment Officers taking corrective action. 10 B. Strategies 1. Operating and CIP Funds Investment strategies for operating funds and capital improvement funds have as their primary objective the assurance that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to create an Investment Portfolio structure, which will experience minimal volatility during economic cycles. To accomplish this strategy, the City will purchase high credit quality, short -to- intermediate term investments primarily in a laddered structure. To pay for anticipated disbursements, Authorized Investments will be laddered to correspond with the projected cash flow needs of the City. Investments maturing that are acquired on the short end of the yield curve 90 days or less will meet immediate cash needs. A few Authorized Investments are purchased on the intermediate part of the yield curve (1- 3 year maturity) to lock in higher interest rates when rates are projected to decline due to the economic cycle of the economy. The dollar weighted average investment maturity of 365 days or less will be calculated using the stated final maturity dates of each investment. 2. Debt Service Funds Investment strategies for debt service funds shall have as the primary objective the assurance that debt service payment obligations are timely met. 3. Debt Service Reserve Funds Investment strategies for debt service reserve funds shall have as the primary objective the ability to generate a dependable revenue stream with a low degree of volatility. In accordance with the specific bond authorization document, investments should be of high credit quality, with short-to- intermediate -term maturities and a maximum weighted average maturity of one year. 4. Special Purpose Funds Investment strategies for Special Purpose Funds will have as their primary objective the assurance that anticipated cash flows are matched with adequate Authorized Investment liquidity. The stated final maturity dates and weighted average maturity shall be structured on the project completion date. These investment portfolios shall include highly liquid investments to allow for flexibility and unanticipated project outlays. C. Achieving Investment Yield Objectives 11 The City will utilize a conservative buy and hold strategy for the majority of the Investment Portfolio with investment selection based on legality, appropriateness, liquidity, and risk/return considerations. This strategy recognizes the unique needs of individual funds and provides for their recognized cash flow needs. The remaining portion of the Investment Portfolio may be invested actively and the reasons for doing so are: 1. Passive investment provides for: a. Investments targeted to pay upcoming anticipated disbursements. b. Liquidity to provide for a measure of anticipated disbursements and c. Laddering and diversification to manage market and credit risk. 2. Active investment provides for: a. The ability to improve yields in the Investment Portfolio by riding the yield curve during business cycle recovery and expansion periods. Interest rates on longer maturities typically exceed those on shorter maturities. Therefore, longer maturities (that can be held to maturity, if necessary) are purchased in anticipation of selling later at the same or lower interest rate, improving the total return during the holding period. b. The ability to improve market sector diversification by swapping out of one investment into another for a better total return, to realign for disbursement projections, or to extend or shorten maturity depending on economic forecasts. The City Manager, or his designee, is required to approve any investment that must be sold at a loss. All gains and losses will be reported to the City Council and Investment Committee no less frequently than on a quarterly basis. VII. DESIGNATION OF RESPONSIBILITY A. Investment Committee An Investment Committee, consisting of City Manager, Assistant City Managers, Director of Financial Services (or if vacant, Deputy Director of Financial Services), City Attorney, Assistant Director of Financial Services /Management and Budget shall meet at least quarterly to determine operational strategies and to monitor investment results. The Investment Committee will be responsible for monitoring, reviewing and making recommendations regarding the City's Investment Portfolio to the City Council. The Investment Committee will review quarterly investment reports before submission to the City Council and will, on no less than an annual basis, review and adopt a list of authorized broker /dealers prepared by the City. The Investment Committee shall include in its deliberation such topics as: economic 12 outlook, Investment Portfolio diversification, maturity structure, risk and performance of the portfolio(s). B. Investment Officers The authority to invest City funds and the execution of any documentation necessary to evidence the investment of City funds is granted to the Investment Officers. The City Treasurer and the Investment Analyst are the designated Investment Officers responsible for the daily operation of the investment program. Investment Officers will prepare monthly and quarterly reports, maintain information on counter- parties, monitor collateral, and attend training as required by the Act. As required by the Act, each Investment Officer shall attend ten hours of training in accordance with the Act within 12 months of assuming responsibilities and attend 10 hours of training that begins on the first day of that local government's fiscal year and consists of the two consecutive fiscal years after that date. Training should include topics such as investment controls, security risk, market risks, diversification of the investment portfolio and compliance with Texas laws. The Investment Committee approves investment — training seminars presented by the following organizations: Government Finance Officers Association Government Finance Officers Association of Texas Government Treasurers Organization of Texas Association of Public Treasurer's of the US & Canada Texas Municipal League University of North Texas Center for Public Management If the Investment Officer desires to attend an investment - training seminar presented by another organization for training credit, such seminar must be approved by the Director of Financial Services. C. Investment Advisor The City Council may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b -1 et seq.) to provide for the investment and management of City funds. The initial A contract made under authority of this subsection may not be for a term longer than two years. A renewal or extension of the contract must be made by the City Council by ordinance or resolution. VIII. INTERNAL CONTROLS The City Treasurer will establish a system of internal controls over the investment activities of the City and document such controls in the Investment Procedures Manual. These internal controls shall be approved by the Director of Financial Services. A. Standard of Care 13 Investments shall be made with the same judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. Prudent investment is to be judged by the Investment Portfolio as a whole, not on individual Investments. In the case of a loss required rating, if liquidation is necessary due to a public funds investment pool losing its AAA rating or for other reasons, liquidation will be done in a prudent manner consistent with the investment objectives of this Policy and as provided in 2256.021 of the Government Code the Act. The Investment Officer shall monitor, on no less than a weekly basis, the credit rating on all authorized investments in the portfolio based upon independent information from a nationally recognized rating agency. If any security falls below the minimum rating required by Policy, the Investment Officer shall notify the City Manager, Director of Finance and City Council of the loss of rating, conditions affecting the rating and possible loss of principal with liquidation options available, within two weeks after the Toss of the required rating. Investment Officers and the Investment Advisor shall perform their duties strictly in accordance with the adopted Investment Policy. Investment Officers acting in good faith and in accordance with these policies and procedures shall be relieved of personal liability if exceptions are reported on a timely basis and prudent actions are taken to reduce potential loss. The Investment Committee and officers are indemnified as provided by City ordinance attached and incorporated as Appendix D. B. Ethics Investment Officers, Investment Committee members and employees involved in the investment process shall comply with the City's Code of Ethics attached and incorporated as Appendix B which requires disclosure of financial interests by April of each year. These individuals shall refrain from personal business activities that could conflict with proper execution of the investment program or which could impair the ability to make impartial investment decisions. Officers and employees shall disclose to the City Council any material investment decisions. Officers and employees shall disclose to the council any material financial interest in institutions that conduct investment or banking transactions with the City. Any Investment officer who has a personal or business relationship with an organization seeking to sell an investment to the City shall file a statement disclosing that relationship or interest. Disclosure statements required under this subsection must be filed. IX. COMPETITIVE SOLICITATION Except for Repurchase Agreements, Guaranteed Investment Contracts, and Public Funds Investment Pools, any new issue investment will be purchased through an Authorized Broker /Dealer or directly through the issuer. Investment Officers identify the best rate prior to the purchase of an Authorized Investment that meets the City's cash flow needs at the time. 14 Any Institution authorized to participate in the City's investment program must meet Collateral pledge requirements outlined in Section XI of these guidelines and must submit annual financial reports. X. AUTHORIZED COUNTER - PARTIES A. BrokerlDealers Any broker /dealer seeking to sell an Authorized Investment to the City is required to complete the questionnaire approved by the Investment Committee and furnish supporting documentation required by the Investment Committee. Information on the firms shall be maintained by the Investment Officers or the Investment Advisor. Securities qualifying as Authorized Investments shall only be purchased through those institutions approved by the Investment Committee. B. Policy Certification: Investments shall only be made with those Institutions who have executed a written certification in a form acceptable to the City, executed by a Qualified Representative of that Institution, and substantially to the effect that the Institution has: 1. Received, thoroughly reviewed and acknowledged, in writing, receipt and understanding of this Policy. 2. Acknowledged that the Institution has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the Institution and the City that are not authorized by this Policy. C. Investments shall only be made with those institutions who have met the qualifications and standards established by the City's Investment Committee and set forth in the Investment Procedures Manual. D. The Investment Committee shall, at least annually, review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City. E. The City Treasurer will request the Investment Committee to authorize deletion of institutions for: 1. Slow response time; 2. Inability to compete with other authorized firms; 3. Insufficient market information on technical or fundamental expectations based on economic indicators; 4. Failed transactions or continuing operational difficulties; 5. Unwillingness to continue to abide by this Policy; the provisions listed in IX.A.; 15 6. Other reasons as approved by the Investment Committee. XI. COLLATERALIZATION It is imperative that the securities in the Investment Portfolio be protected through independent safekeeping and all time deposits and demand bank cash balances be protected with sufficient collateral at a minimum of 102% daily of current market values to guard against market and volatility risk. A. Pledged Collateral for Time and Demand Deposits Depository collateral is pledged to and not owned by the City. All collateral shall be held by a custodian approved by the City under an executed collateral agreement. The market value of pledged collateral for time and demand deposits Collateral must be at least 102% of the principal plus accrued interest. All collateral shall be held by an independent custodian outside the holding company of the pledging bank. Original evidence of City collateralization in the form of original safekeeping receipts will be provided to the City Treasurer and will be maintained in the City Treasurer's Office. The custodian will provide a monthly listing of collateral describing the securities and giving a market value. An investment officer will approve and release all pledged collateral. The Investment Officers will monitor adequacy of collateralization on a weekly basis. B. Collateral Substitution Collateralized investments and certificates of deposit often require substitution of Collateral. Any Institution must contact the Investment Officers for approval and settlement. The substituted collateral's value will be calculated and substitution approved if its value is equal to or greater than the required collateral value. Substitution is allowable for all transactions, but should be limited, to minimize the City's potential administrative problems. C. Collateral Reductions Should the collateral's market value exceed the required amount, any Institution may request approval from the Investment Officer to reduce collateral. Collateral reductions may be permitted only if the City's records indicate that the collateral's market value exceeds the required amount. D. Prohibited Securities Investment securities described in Section 2256.009(b), Government Code, shall not be eligible for use as collateral of City monies governed by this Policy. XII. SAFEKEEPING OF CITY SECURITIES A. Third Party Safekeeping Agreement The City shall utilize its banking services depository or other banks for the safekeeping of City owned securities. The delivery of all securities into safekeeping will be done on a delivery versus payment basis. 16 B. Safekeeping of Certificate of Deposit Collateral All Collateral securing bank and savings and loan deposits must be held by a Third Party Safekeeping Institution approved by the City, or Collateral may be held at the Federal Reserve Bank. C. Safekeeping of Repurchase Agreement Collateral Repurchase Agreement Collateral is restricted to U.S. Treasuries and must be delivered to a Third -Party Safekeeping Institution with which the City has (subject to the limitation described in Section XI.D above) established a third -party safekeeping agreement. D. Guaranteed Investment Agreement Collateral Guaranteed investment contract collateral is restricted to U.S. Treasuries and Agencies (subject to the limitation described in Section XI.D above) and must be delivered to a Third -Party Safekeeping Institution with which a third -party safekeeping agreement has been established pursuant to the terms of the guaranteed investment contract. XIII. INFORMATION REPORTING /PORTFOLIO EVALUATION A. The City Treasurer and Investment Analyst as designated Investment Officers are responsible for reporting to the Investment Committee and City Council on a quarterly basis in accordance with the Act. B. Quarterly Investment Reports are to include the following in accordance with the Act: a. Combined Investment Portfolio Report of Market versus Book Values b. Combined Portfolio Composition c. Individual Portfolio Composition d. Cash and Cash Equivalents, U.S. Treasuries and Investments Greater than One year e. Combined Summary of Investment Transactions f. Combined Investment Portfolio - Weighted Average Maturity g. Investment Revenue h. Analysis of Excess Collateral Coverage Aggregate Activity Per Broker j. Comparison of Investment Returns to Benchmarks k. Investment Portfolio Report — Lake Texana Project and Packery Channel Project Bond Funds by Issue m. Pools and Money Market Accounts - Approved Institutional Brokers n. Economic and Interest Rate Forecast o. Glossary p. Compliance Statement q. Quarterly Investment Committee Meeting Minutes 17 Internal Reporting /Evaluation In addition, the following reports are to be submitted on a monthly basis: 1) Cash position by bank account 2) Collateral position 3) Investment transactions C. External Reporting /Evaluations On a quarterly basis, any institution holding City time or demand deposits will provide to the Investment Officers for the institution's review a copy of the balance sheet and income statement for the Call Report for review. All depository and brokerage institutions will provide annual audited financial statements. Any Public Funds Investment Pools must provide reports and disclosure statements as required by the Act. D. Record Retention The City follows the guidelines of retaining records for five years from City's current fiscal year, as recommended in the Texas State Library Municipal Records Manual or may be authorized by the City's local records management guidelines. XIV. BANKING SERVICES All depository services are provided in the City's main depository agreement. Other services such as credit cards, direct deposit of payroll or other services may be administered through separate agreements. To aggressively invest Excess Cash Balances, controlled disbursements accounts, zero balance accounts and other cash management tools may be employed. XIV. ANNUAL POLICY ADOPTION This Policy will be reviewed and adopted by the City Council no less than annually. The accepting ordinance resolution will include a description of all changes made to this policy. XVI. GENERAL PROVISIONS A. Audits and Inspections. During regular business hours and as often as the Investment Officers deem necessary, the Institution providing certificates of deposit will make available for examination by the City Manager, his duly authorized agent, accountant, or legal representative, such records and data to assure the pledge of Collateral, availability of Collateral, and financial stability of the Institution. 18 B. Compliance with Laws. Each Institution agrees to comply with all federal, state, and local laws, rules, regulations, and ordinances. The personnel or officers of such Institution shall be fully qualified and authorized under federal, state, and local law to perform the services set out under this Policy. Each Institution shall permit the Investment Officers to audit, examine, and make excerpts or transcripts from such records and to make audits of all contract, invoices, materials, and other data relating to applicable Investments. C. Performance Audits. The City's Annual External Financial Audit shall include a compliance audit of management controls on Investments and adherence to this Policy. If the City invests in other than money market mutual funds, investment public funds investment pools or accounts offered by its depository in the form of certificates of deposit or money market accounts; the quarterly reports prepared by Investment Officers for the City Council must be formally reviewed at least annually by an independent auditor. The results of the review must be reported to the City Council by that auditor. D. Investment Policy Resolution. The resolution authorizing this Investment Policy is attached hereto as Appendix C. 19 vs 4, N I h CITY OF CORPUS CHRISTI, TEXAS FINANCIAL SERVICES INVESTMENT POLICY Dec-ember—Pi-20U December 11, 2012 ew C1CR&g2 PR.R.PZ TABLE OF CONTENTS Page I. INTRODUCTION 1 II. PURPOSE 1 III. DEFINITIONS 2 IV. INVESTMENT OBJECTIVES 4 V. AUTHORIZED INVESTMENTS AND MAXIMUM MATURITY 5 VI. INVESTMENT STRATEGIES 10 VII. DESIGNATION OF RESPONSIBILITY 12 VIII. INTERNAL CONTROLS 13 IX. COMPETITIVE SOLICITATION 14 X. AUTHORIZED COUNTER - PARTIES 14 XI. COLLATERALIZATION 15 XII. SAFEKEEPING OF CITY SECURITIES 16 XIII. INFORMATION REPORTING /PORTFOLIO EVALUATION 17 XIV. BANKING SERVICES 18 XV. ANNUAL POLICY ADOPTION 18 XVI. GENERAL PROVISIONS 18 APPENDICES A. PUBLIC FUNDS INVESTMENT ACT B. CITY'S CODE OF ETHICS ORDINANCE C. RESOLUTION D. LEGAL DEFENSE AND INDEMNIFICATION OF CITY OFFICERS AND EMPLOYEES i CITY OF CORPUS CHRISTI INVESTMENT POLICY INTRODUCTION The City of Corpus Christi shall invest all available monies in compliance with this Investment Policy as adopted by the City Council and authorized by the Public Funds Investment Act. Effective cash management is recognized as essential to good fiscal management. An aggressive cash management program will be pursued to maximize interest earnings as a viable and material revenue source. The City's portfolio shall be designated and managed in a manner responsive to the public trust and consistent with local, state and federal law. Investments shall be made with the primary objective of: • Preservation of capital and protection of principal; • Maintenance of sufficient liquidity to meet operating needs; • Security of city funds and investments; • Diversification of investments to minimize risk while maximizing interest earnings; and • Maximization of return on the portfolio. Earnings from investments will be used in a manner that will best serve the interests of the City of Corpus Christi. Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion and intelligence would exercise in the management of that person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. 11. PURPOSE A. Authorization This Investment Policy is authorized by the City Council in accordance with Chapter 2256, Subchapter A of the Texas Government Code - The Public Funds Investment Act (the "Act" attached and incorporated as Appendix A). B. Scope This Investment Policy applies to all funds of the City, excluding pension funds, with regard to investing the financial assets of Funds, including, but not limited to: General Fund Special Revenue Funds Enterprise Funds 1 Internal Service Funds Special Purpose Funds (within the control of Investment Officers) Capital Improvement Funds (including Bond Proceeds, Bond Reserves, Debt Service, Commercial Paper and any other debt instrument) In addition to this Policy, the investment of Bond Funds, Debt Service, and Reserve Funds shall be managed (including the yield calculation thereon) by their governing ordinances and Federal Law, including the Tax Reform Act of 1986 and subsequent legislation. C. Review and Amendment This Policy shall be reviewed and adopted no less than annually by the City Council on or before December 31 of each calendar year. Amendments must be adopted by the City Council. The City Council shall adopt a written instrument by ordinance or resolution stating that it has reviewed the Investment Policy. This ordinance or resolution shall record any changes made to the Investment Policy. III. DEFINITIONS Authorized Broker /Dealer - Primary dealer and regional firms that have been selected by the federal underwriters to distribute their securities. Each authorized firm in a Broker /Dealer will offer the issue at the price authorized by the governmental agency on the initial market issuance. Authorized City Representatives — Investment Officers and City officers authorized to execute transactions are designated in the attached and incorporated Appendix A on behalf of the City. (Specific positions so authorized are the City Treasurer, Investment Analyst, Controller, Chief Accountant, Deputy Director of Financial Services and Director of Financial Services). Authorized Investment — Authorized investments defined by this Policy with a maximum maturity are approved by the Investment Committee and City Council. All Policy authorized securities are listed in Section V. Collateral - Securities pledged by a banking institution or sold under a repurchase agreement, to guarantee City assets. All collateral must be AAA rated. The City requires U.S. Treasuries, U.S. Agency Securities or municipal obligations as collateral so that the market values can be readily determined at any point in time. Collateral requirements are defined in Section XI. Cusip Number - A cusip is a 9- character alphanumeric code which identifies a financial security for purposes of facilitating clearing and settlement of trades. Custodian — An approved independent custodian charged with the safekeeping of securities owned by or pledged to the City. An independent custodian is one not affiliated with any pledging institution or counter -party. Director of Financial Services - The Director of Financial Services is the Municipal Finance Officer responsible for City investments, but not designated as an Investment 2 Officer. The Director of Financial Services may designate the Deputy Director of Financial Services, Controller or Chief Accountant to assist in this process. Excess Cash Balances - Collected bank balances not needed to pay estimated check clearings. Failed Transaction — A transaction in which an investment is not delivered to an institution for operational or availability reasons. The security would fail to be delivered to the Custodian. Institution - Any firm, bank, bank holding company, broker /dealer or Public Funds Investment Pool that offers to sell /buy a financial transaction /security to the City. All such firms must complete a Policy certification as stated by this Policy. Investment Advisor — SEC registered investment advisor contracted by the City to assist in the portfolio management process, reporting and treasury operations /controls. Investment Officers — Individuals designated by the City Council to execute investment transactions. Positions include only the City Treasurer and Investment Analyst. Investment Portfolio - All City monies and securities invested under authority of the Investment Officers. Qualified Representative — As defined by the Act, a person, who holds a position with a business organization, who is authorized to act on behalf of the business organization, and who is one of the following: (A) For a business organization doing business that is regulated by or registered with a securities commission, a person who is registered under the rules of the National Association of Securities Dealers; (B) For a state or federal bank, a savings bank, or a state or federal credit union, a member of the loan committee for the bank or branch of the bank or a person authorized by corporate resolution to act on behalf of and bind the banking institution; (C) For an investment public funds investment pool, the person authorized by the elected official or board with authority to administer the activities of the investment public funds investment pool to sign the written instrument on behalf of the investment public funds investment pool; or (D) For an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b -1 et seq.) or, if not subject to registration under that Act, registered with the State Securities Board, a person who is an officer or principal of the investment management firm. Reserve Funds - Funds designated by the City Council for specific purposes, which have not been appropriated for spending. Securities - Approved Investments designated by the Investment Committee, as defined by Section VII, to be held in the Investment Portfolio or acceptable to be pledged as Collateral to secure the monies of the City. 3 Special Purpose Funds - Monies of non - profit corporations that Investment Officers are permitted to invest; includes such entities as the Coastal Bend Health Facilities Development Corporation, Corpus Christi Housing Finance Corporation, Corpus Christi Community Improvement Corporation, HOME Project, First Time Home Buyer, Corpus Christi Industrial Development Corporation, Corpus Christi Business and Job Development Corporation, North Padre Island Development Corporation, Corpus Christi Crime Control and Prevention District, and Corpus Christi Digital Community Development Corporation. Third Party Safekeeping Institution - Any Institution not affiliated with an Institution delivering the Authorized Investment. IV. INVESTMENT OBJECTIVES The following states the investment objectives of the City in order of priority: A. Preservation and Safety of Principal Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall Investment Portfolio. B. Liquidity The City's Investment Portfolio must be structured in a manner which maintains the liquidity necessary to pay obligations as they become due. Sufficient cash flows must be maintained through cash flow analysis and by rapidly depositing monies and timing disbursements. Generally, Investments are matched to specific cash flow requirements such as payrolls, construction drawdown schedules, debt service payments, and other payables. Liquidity is also achieved by investing in Authorized Investments with active secondary markets or in Public Funds Investment Pools with stable net asset values. C. Investment Yield The City's Investment Portfolio shall be designed with the objective of regularly exceeding the average yield of the following benchmarks in a manner consistent with the principles of this Policy described in Section IV. A and B and reflecting the cash flow expectations and portfolio strategy of the City: Six -month average of Texpool, Lone Star, Texstar and Texas Daily. However, it must be recognized that differing interest rate environments will result in fluctuations. During a declining market, satisfying this objective may not be practical until Authorized Investments mature and can be re- invested, especially since preservation of capital is the first priority in the investment of monies pursuant to this Policy. For bond issues to which arbitrage restrictions apply, the primary objectives shall be to avoid negative arbitrage and to obtain market yields minimizing the costs associated with investing such monies. 4 D. Diversification Diversification is required because of differing liquidity needs of the City and to control risk. Diversification minimizes the risk to the overall Investment Portfolio by spreading market and credit risk as well as potential losses on individual securities or market sector thereby enhancing safety of the Investment Portfolio. Through the solicitation of competitive proposals, the City shall allocate and diversify its Investments through various Institutions. The following types of Investments will be solicited from approved Institutions: 1. Obligations of the United States; including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States. 2. Repurchase Agreements - through a Third Party Safekeeping Institution Agreement, which includes an approved primary dealer doing business in Texas as required by the PFIA; 3. Public Funds Investment Pools - through participation agreements; 4. Certificates of Deposit - through approved local banks or a broker that has a main office or a branch office in this state and is selected from a list adopted by the investing entity. 5. Money Market Mutual Funds; 6. Guaranteed Investment Contracts (for Bond Proceeds only); 7. Texas Term Investment Pool; and 8. Securities Lending Program. The City recognizes that investment risks can result from default risk, credit volatility risk, and market price risks due to various technical and fundamental economic factors, and other complications, leading to temporary illiquidity. To control market price risks, volatile Investments shall be avoided. To control default risk, the only acceptable method of payment will be on a delivery versus payment -basis for all transactions, except Public Funds Investment Pools and repurchase agreements. Delivery versus Payment provides for payment to Institutions at the time the Investments are recorded in book entry form at the City's Third Party Safekeeping Institution, currently maintained at the Federal Reserve. For certificates of deposit, sufficient Collateral at 102% of current market values must be pledged to protect all City monies or monies under its control that exceed Federal Deposit Insurance Corporation (FDIC) coverage; the Collateral must be safe kept at a Third Party Safekeeping Institution not affiliated with the bank or bank holding company providing the certificate of deposit. V. AUTHORIZED INVESTMENTS AND MAXIMUM MATURITY The City of Corpus Christi is authorized to invest only in the following investments. City monies, governed by this Policy, may not be invested in other investments permitted by law unless this Policy is amended and adopted to permit such investment. 5 A. Authorized Investments 1. Obligations of the United States or its agencies and instrumentalities, excluding mortgage backed securities, which currently include the following stated final maturities: a. Short-term U.S. Treasuries: Maximum Maturity 1.) U.S. Treasury Bills up to 365 days* 2.) U.S. Treasury Coupon Notes up to 3 years* 3.) U.S. Treasury Notes and Strips up to 3 years* b. U.S. Agencies: Maximum Maturity 1.)Federal Home Loan Bank up to 2 years* 2.)Federal National Mortgage Association. up to 2 years* 3.)Federal Farm Credit up to 2 years* 4.)Federal Home Loan Mortgage Corporation up to 2 years* 5.)Federal Agricultural Mortgage Corporation up to 2 years* *Reserve Funds invested in Treasury and Agency obligations may have a stated final maturity up to five years. 2. Repurchase Agreements up to 365 days Repurchase agreements must be fully collateralized at 102% with a defined maturity date, is secured by a combination of cash and obligations, including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States placed with a primary government dealer with collateral, and safekept at a City approved Custodian, as provided under the provisions of the SIFMA (Securities Industry and Financial Markets Association) Master Repurchase Agreement. An executed agreement between the City, primary government dealer and Custodian will be on file before the City will enter into a tri -party repurchase agreement. Weekly monitoring by the City's Investment Officers or Advisor of all Collateral underlying repurchase agreements is required. More frequent monitoring may be necessary during periods of market volatility. 3. Public Funds Investment Pool up to 1 day A Public Funds Investment Pool duly created and managed in accordance with the Act to function as a money market mutual fund that marks its portfolio to market daily and, to the extent reasonably possible, which stabilizes its portfolio to market daily at $1 net asset value. If the ratio of the market value of the Public funds investment pool's portfolio divided by the book value of the portfolio is less than 99.50% or greater than 100.50 %, the Public -funds investment pool's portfolio holdings shall be sold as necessary to maintain the ratio between 99.50% and 100.50 %. 6 The maximum amount that may be invested in any one public funds investment pool is five (5) percent of the total current invested balance of the Public Funds Investment Pool. The maximum total amount that may be invested in any one overnight Public Funds Investment Pool is thirty (30) percent of the Investment Portfolio. The Public Funds Investment Pool must be continuously rated no lower than AAA or AAA -m or at an equivalent rating by at least one nationally recognized rating service. Public Funds Investment Pools may contain investment securities that are not directly authorized by this Policy, so long as (i) the AAA rating is standard herein above stated is satisfied, and (ii) the investment is permitted by Subchapter A of the Texas Public Funds Investment Act, Chapter 2256 of the Texas Government Code. An investment pool may invest its funds in money market mutual funds to the extent permitted by and consistent with the investment policies and objectives adopted by the investment pool. In addition to the requirements of its investment policy and any other forms of reporting, a public funds investment pool created to function as a money market fund shall report yield to its investors in accordance with regulations of the Securities and Exchange Commission applicable to reporting by money market funds. If the investment pool operates as an internet website, the information in a disclosure instrument or report must be posted on the website. 4. Collateralized and Brokered Certificates of Deposit up to 1- 2 years Certificates of deposit or other instruments issued by state and national banks domiciled in Texas that are: a_• Guaranteed or insured by the Federal Deposit Insurance Corporation or its successor; or b._• Secured at 102% by obligations defined by Section XI of this Policy. a. Collateralized Certificates of Deposit — Certificates of deposit must be fully collateralized at 102% of their market value. The City requires the bank to pledge U.S. Treasuries or U.S. Agencies as collateral as described in section V, Subdivision A.1. The Investment Officers will monitor adequacy of collateralization on a weekly basis. b. Brokered Certificates of Deposit — The Investment Officer shall monitor, on no less than a weekly basis, the status and ownership of all banks issuing brokered CDs owned by the City of Corpus Christi based upon information from the FDIC. Brokered CDs will be required to have a cusip number and be held in safekeeping at a third -partv institution. If any bank has been acquired or merged with another bank in which brokered CDs are owned, the Investment Officer shall immediately liquidate any brokered CD which is above the FDIC insurance level. 7 5. Money Market Mutual Fund up to 1 year A AAA -rated no -load money market mutual fund (no service charge) is an authorized investment if: a. the money market mutual fund is registered with and regulated by the Securities and Exchange Commission; b. the money market mutual fund provides the City with a prospectus and other information required by the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) or the Investment Company Act of 1940 (15 U.S.C. Section 80a -1 et seq.); c. the money market mutual fund includes in its investment objectives the maintenance of a stable net asset value of $1 for each share; d. the assets of the money market mutual fund are invested in those investments authorized under this Investment Policy; and e. the money market mutual fund has a dollar weighted average stated maturity of 90 days or fewer. 6. Guaranteed Investment Contracts up to 3 years Guaranteed investment contracts offer to pay a specific interest rate over a period of time, and can be structured to reflect an anticipated draw down schedule for capital improvements funded with bond proceeds. The collateral and monitoring requirements applicable to repurchase agreements shall apply to guaranteed investment contracts. A guaranteed investment contract may be utilized only in connection with the investment of bond proceeds. The maximum term of a guaranteed investment contract shall not exceed the anticipated construction period for the capital improvement, the construction of which is to be funded with Bond Proceeds. 7. Texas Term Investment Pool up to 1 year The Texas Term Investment Pool for fixed term investments was created as an investment pool and is a hybrid, mutual fund structure. The pool offers a fixed rate, fixed term portfolio option and is rated AAAf by Standard and Poor's Ratings Services. Participants may lock in a fixed rate for a term of 60 to 365 days. 8. Securities Lending Program up to 1 year Securities lending program as defined by the Act qualifies as an authorized investment if the value of the securities loaned under the program is not less than 100 %. However, the City requires 102% collateral. A loan made under the program must allow for termination at any time. Collateral is required and pledged to the City, held in the City's name and deposited with a custodian approved by the City. A loan made 8 under the program must be secured by pledged securities described by Section 2256.009(a), pledged irrevocable letters of credit issued by a bank that is organized and existing under the laws of the United States or any other state and continuously rated by at least one nationally recognized investment rating firm at not Tess than A or its equivalent or cash invested in accordance with Section 2256.009, 2256.013, 2256.014 or 2256.016. The terms of a loan made under the program must require that the securities being held as collateral be pledged to the investing entity, held in the investing entity's name and deposited at the time the investment is made with the entity or with a third party selected by or approved by the investing entity. A loan made under the program must be placed through a primary government securities dealer or a financial institution doing business in Texas. An agreement to lend securities must have a term of one year or less. B. Weighted Average Maturity In order to assure adequate liquidity and to minimize risk of loss to the Investment Portfolio due to interest rate fluctuations, investment maturities will not exceed the anticipated cash flow requirements of the Funds. Maturity guidelines by Fund are as follows: The weighted average maturity (WAM) of the overall portfolio shall be no more than 365 days. 1. Operating Funds The maximum weighted average maturity of Operating Funds shall be 365 days. The Investment Officers will monitor the maturity level and adjust as appropriate throughout the fiscal year. 2. Capital Improvement Funds The maximum weighted average maturity of Capital Improvement Funds shall be 365 days. The Authorized Investment maturity of that portion of the City Portfolio that represents Capital Improvement Funds (bond proceeds, reserve funds, debt service and Commercial Paper) shall be determined considering: a. The anticipated cash flow requirements of the Capital Improvement Funds; and b. The "temporary period" as defined by Federal income tax law during which time bond proceeds may be invested at an unrestricted yield. Bond proceeds subject to yield restriction shall be invested considering that yield restriction to avoid a challenge to the City's related indebtedness qualification as an obligation, the interest in which is not subject to federal taxation under section 103 of the Internal Revenue Code of 1986 as amended (the "IRC "). Bond proceeds subject to yield restriction shall be invested considering the anticipated cash flow requirements of the Capital Improvement Funds. 9 For all bond proceeds controlled by the tax - exempt bond provisions of the IRC a complete yield analysis shall be performed to assure compliance with the IRC. An annual rebate calculation shall be performed to assure compliance with IRC. An annual rebate calculation shall be performed to determine the City's rebate liability at the end of each respective bond issue's five -year term. On the third anniversary of the respective issue date for each bond issue, bond proceeds from such issue will be yield restricted as required by the IRC. 3. Reserve Funds: Established by Operative Bond Funds or by the City Council. The following Reserve Funds may be invested up to five years in U.S. Treasuries or Agencies: Maximum Choke Canyon Fund 4050 $10,000,000 City monies governed by this Policy may not be invested in other investments permitted by law unless (i) such investments are specifically authorized for the investment of these monies by an ordinance adopted by the City Council issuing bonds or other debt obligations or (ii) this Policy is amended to permit such investment. C. Methods to Monitor Investment Market Price The City monitors the market price of investments obtained from Texpool's securities pricing service or the Bloomberg system which is made available through the City's authorized institutional brokers. The City may also obtain market price information from other nationally recognized sources of financial information such as the Wall Street Journal. VI. INVESTMENT STRATEGIES A. Investment Maturity Diversification A minimum of 15% of the total investment portfolio shall be held in Authorized Investments with maturity dates of 90 days or less for liquidity. U.S. Treasuries /Agencies may be purchased for longer -term maturities (greater than one year) but shall not exceed 40% of the total investment portfolio to preserve liquidity. The weighted average maturity limitation of the overall Investment Portfolio takes these requirements into account to protect liquidity and allow flexibility for market environments. Daily Authorized Investment reports shall monitor and address whether these diversification requirements are being met. Unless approved by the Investment Committee, the target percentages specified shall not be exceeded for temporary periods greater than thirty (30) days without the Investment Officers taking corrective action. 10 B. Strategies 1. Operating and CIP Funds Investment strategies for operating funds and capital improvement funds have as their primary objective the assurance that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to create an Investment Portfolio structure, which will experience minimal volatility during economic cycles. To accomplish this strategy, the City will purchase high credit quality, short -to- intermediate term investments primarily in a laddered structure. To pay for anticipated disbursements, Authorized Investments will be laddered to correspond with the projected cash flow needs of the City. Investments maturing that are acquired on the short end of the yield curve 90 days or less will meet immediate cash needs. A few Authorized Investments are purchased on the intermediate part of the yield curve (1- 3 year maturity) to lock in higher interest rates when rates are projected to decline due to the economic cycle of the economy. The dollar weighted average investment maturity of 365 days or less will be calculated using the stated final maturity dates of each investment. 2. Debt Service Funds Investment strategies for debt service funds shall have as the primary objective the assurance that debt service payment obligations are timely met. 3. Debt Service Reserve Funds Investment strategies for debt service reserve funds shall have as the primary objective the ability to generate a dependable revenue stream with a low degree of volatility. In accordance with the specific bond authorization document, investments should be of high credit quality, with short -to- intermediate -term maturities and a maximum weighted average maturity of one year. 4. Special Purpose Funds Investment strategies for Special Purpose Funds will have as their primary objective the assurance that anticipated cash flows are matched with adequate Authorized Investment liquidity. The stated final maturity dates and weighted average maturity shall be structured on the project completion date. These investment portfolios shall include highly liquid investments to allow for flexibility and unanticipated project outlays. C. Achieving Investment Yield Objectives 11 The City will utilize a conservative buy and hold strategy for the majority of the Investment Portfolio with investment selection based on legality, appropriateness, liquidity, and risk/return considerations. This strategy recognizes the unique needs of individual funds and provides for their recognized cash flow needs. The remaining portion of the Investment Portfolio may be invested actively and the reasons for doing so are: 1. Passive investment provides for: a. Investments targeted to pay upcoming anticipated disbursements. b. Liquidity to provide for a measure of anticipated disbursements and c. Laddering and diversification to manage market and credit risk. 2. Active investment provides for: a. The ability to improve yields in the Investment Portfolio by riding the yield curve during business cycle recovery and expansion periods. Interest rates on longer maturities typically exceed those on shorter maturities. Therefore, longer maturities (that can be held to maturity, if necessary) are purchased in anticipation of selling later at the same or lower interest rate, improving the total return during the holding period. b. The ability to improve market sector diversification by swapping out of one investment into another for a better total return, to realign for disbursement projections, or to extend or shorten maturity depending on economic forecasts. The City Manager, or his designee, is required to approve any investment that must be sold at a loss. All gains and losses will be reported to the City Council and Investment Committee no Tess frequently than on a quarterly basis. VII. DESIGNATION OF RESPONSIBILITY A. Investment Committee An Investment Committee, consisting of City Manager, Assistant City Managers, Director of Financial Services (or if vacant, Deputy Director of Financial Services), City Attorney, Assistant Director of Financial Services /Management and Budget shall meet at least quarterly to determine operational strategies and to monitor investment results. The Investment Committee will be responsible for monitoring, reviewing and making recommendations regarding the City's Investment Portfolio to the City Council. The Investment Committee will review quarterly investment reports before submission to the City Council and will, on no less than an annual basis, review and adopt a list of authorized broker /dealers prepared by the City. The Investment Committee shall include in its deliberation such topics as: economic 12 outlook, Investment Portfolio diversification, maturity structure, risk and performance of the portfolio(s). B. Investment Officers The authority to invest City funds and the execution of any documentation necessary to evidence the investment of City funds is granted to the Investment Officers. The City Treasurer and the Investment Analyst are the designated Investment Officers responsible for the daily operation of the investment program. Investment Officers will prepare monthly and quarterly reports, maintain information on counter - parties, monitor collateral, and attend training as required by the Act. As required by the Act, each Investment Officer shall attend ten hours of training in accordance with the Act within 12 months of assuming responsibilities and attend 10 hours of training that begins on the first day of that local government's fiscal year and consists of the two consecutive fiscal years after that date. Training should include topics such as investment controls, security risk, market risks, diversification of the investment portfolio and compliance with Texas laws. The Investment Committee approves investment — training seminars presented by the following organizations: Government Finance Officers Association Government Finance Officers Association of Texas Government Treasurers Organization of Texas Association of Public Treasurer's of the US & Canada Texas Municipal League University of North Texas Center for Public Management If the Investment Officer desires to attend an investment - training seminar presented by another organization for training credit, such seminar must be approved by the Director of Financial Services. C. Investment Advisor The City Council may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b -1 et seq.) to provide for the investment and management of City funds. The initial A contract made under authority of this subsection may not be for a term longer than two years. A renewal or extension of the contract must be made by the City Council by ordinance or resolution. VIII. INTERNAL CONTROLS The City Treasurer will establish a system of internal controls over the investment activities of the City and document such controls in the Investment Procedures Manual. These internal controls shall be approved by the Director of Financial Services. A. Standard of Care 13 Investments shall be made with the same judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. Prudent investment is to be judged by the Investment Portfolio as a whole, not on individual Investments. In the case of a loss required rating, if liquidation is necessary due to a public funds investment pool losing its AAA rating or for other reasons, liquidation will be done in a prudent manner consistent with the investment objectives of this Policy and as provided in 2256.021 of the Government Code the Act. The Investment Officer shall monitor, on no less than a weekly basis, the credit rating on all authorized investments in the portfolio based upon independent information from a nationally recognized rating agency. If any security falls below the minimum rating required by Policy, the Investment Officer shall notify the City Manager, Director of Finance and City Council of the loss of rating, conditions affecting the rating and possible loss of principal with liquidation options available, within two weeks after the Toss of the required rating. Investment Officers and the Investment Advisor shall perform their duties strictly in accordance with the adopted Investment Policy. Investment Officers acting in good faith and in accordance with these policies and procedures shall be relieved of personal liability if exceptions are reported on a timely basis and prudent actions are taken to reduce potential loss. The Investment Committee and officers are indemnified as provided by City ordinance attached and incorporated as Appendix D. B. Ethics Investment Officers, Investment Committee members and employees involved in the investment process shall comply with the City's Code of Ethics attached and incorporated as Appendix B which requires disclosure of financial interests by April of each year. These individuals shall refrain from personal business activities that could conflict with proper execution of the investment program or which could impair the ability to make impartial investment decisions. Officers and employees shall disclose to the City Council any material investment decisions. Officers and employees shall disclose to the council any material financial interest in institutions that conduct investment or banking transactions with the City. Any Investment officer who has a personal or business relationship with an organization seeking to sell an investment to the City shall file a statement disclosing that relationship or interest. Disclosure statements required under this subsection must be filed. IX. COMPETITIVE SOLICITATION Except for Repurchase Agreements, Guaranteed Investment Contracts, and Public Funds Investment Pools, any new issue investment will be purchased through an Authorized Broker /Dealer or directly through the issuer. Investment Officers identify the best rate prior to the purchase of an Authorized Investment that meets the City's cash flow needs at the time. 14 Any Institution authorized to participate in the City's investment program must meet Collateral pledge requirements outlined in Section XI of these guidelines and must submit annual financial reports. X. AUTHORIZED COUNTER - PARTIES A. Broker /Dealers Any broker /dealer seeking to sell an Authorized Investment to the City is required to complete the questionnaire approved by the Investment Committee and furnish supporting documentation required by the Investment Committee. Information on the firms shall be maintained by the Investment Officers or the Investment Advisor. Securities qualifying as Authorized Investments shall only be purchased through those institutions approved by the Investment Committee. B. Policy Certification: Investments shall only be, made with those Institutions who have executed a written certification in a form acceptable to the City, executed by a Qualified Representative of that Institution, and substantially to the effect that the Institution has: 1. Received, thoroughly reviewed and acknowledged, in writing, receipt and understanding of this Policy. 2. Acknowledged that the Institution has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the Institution and the City that are not authorized by this Policy. C. Investments shall only be made with those institutions who have met the qualifications and standards established by the City's Investment Committee and set forth in the Investment Procedures Manual. D. The Investment Committee shall, at least annually, review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City. E. The City Treasurer will request the Investment Committee to authorize deletion of institutions for: 1. Slow response time; 2. Inability to compete with other authorized firms; 3. Insufficient market information on technical or fundamental expectations based on economic indicators; 4. Failed transactions or continuing operational difficulties; 5. Unwillingness to continue to abide by this Policy; the provisions listed in IX.A.; 15 6. Other reasons as approved by the Investment Committee. XI. COLLATERALIZATION It is imperative that the securities in the Investment Portfolio be protected through independent safekeeping and all time deposits and demand bank cash balances be protected with sufficient collateral at a minimum of 102% daily of current market values to guard against market and volatility risk. A. Pledged Collateral for Time and Demand Deposits Depository collateral is pledged to and not owned by the City. All collateral shall be held by a custodian approved by the City under an executed collateral agreement. The market value of pledged collateral for time and demand deposits Collateral must be at least 102% of the principal plus accrued interest. All collateral shall be held by an independent custodian outside the holding company of the pledging bank. Original evidence of City collateralization in the form of original safekeeping receipts will be provided to the City Treasurer and will be maintained in the City Treasurer's Office. The custodian will provide a monthly listing of collateral describing the securities and giving a market value. An investment officer will approve and release all pledged collateral. The Investment Officers will monitor adequacy of collateralization on a weekly basis. B. Collateral Substitution Collateralized investments and certificates of deposit often require substitution of Collateral. Any Institution must contact the Investment Officers for approval and settlement. The substituted collateral's value will be calculated and substitution approved if its value is equal to or greater than the required collateral value. Substitution is allowable for all transactions, but should be limited, to minimize the City's potential administrative problems. C. Collateral Reductions Should the collateral's market value exceed the required amount, any Institution may request approval from the Investment Officer to reduce collateral. Collateral reductions may be permitted only if the City's records indicate that the collateral's market value exceeds the required amount. D. Prohibited Securities Investment securities described in Section 2256.009(b), Government Code, shall not be eligible for use as collateral of City monies governed by this Policy. XII. SAFEKEEPING OF CITY SECURITIES A. Third Party Safekeeping Agreement The City shall utilize its banking services depository or other banks for the safekeeping of City owned securities. The delivery of all securities into safekeeping will be done on a delivery versus payment basis. 16 B. Safekeeping of Certificate of Deposit Collateral All Collateral securing bank and savings and loan deposits must be held by a Third Party Safekeeping Institution approved by the City, or Collateral may be held at the Federal Reserve Bank. C. Safekeeping of Repurchase Agreement Collateral Repurchase Agreement Collateral is restricted to U.S. Treasuries and must be delivered to a Third -Party Safekeeping Institution with which the City has (subject to the limitation described in Section XI.D above) established a third -party safekeeping agreement. D. Guaranteed Investment Agreement Collateral Guaranteed investment contract collateral is restricted to U.S. Treasuries and Agencies (subject to the limitation described in Section XI.D above) and must be delivered to a Third -Party Safekeeping Institution with which a third -party safekeeping agreement has been established pursuant to the terms of the guaranteed investment contract. XIII. INFORMATION REPORTING /PORTFOLIO EVALUATION A. The City Treasurer and Investment Analyst as designated Investment Officers are responsible for reporting to the Investment Committee and City Council on a quarterly basis in accordance with the Act. B. Quarterly Investment Reports are to include the following in accordance with the Act: a. Combined Investment Portfolio Report of Market versus Book Values b. Combined Portfolio Composition c. Individual Portfolio Composition d. Cash and Cash Equivalents, U.S. Treasuries and Investments Greater than One year e. Combined Summary of Investment Transactions f. Combined Investment Portfolio - Weighted Average Maturity g. Investment Revenue h. Analysis of Excess Collateral Coverage Aggregate Activity Per Broker j. Comparison of Investment Returns to Benchmarks k. Investment Portfolio Report — Lake Texana Project and Packery Channel Project Bond Funds by Issue m. Pools and Money Market Accounts - Approved Institutional Brokers n. Economic and Interest Rate Forecast o. Glossary p. Compliance Statement q. Quarterly Investment Committee Meeting Minutes 17 Internal Reporting /Evaluation In addition, the following reports are to be submitted on a monthly basis: 1) Cash position by bank account 2) Collateral position 3) Investment transactions C. External Reporting /Evaluations On a quarterly basis, any institution holding City time or demand deposits will provide to the Investment Officers for the institution's review a copy of the balance sheet and income statement for the Call Report for review. All depository and brokerage institutions will provide annual audited financial statements. Any Public Funds Investment Pools must provide reports and disclosure statements as required by the Act. D. Record Retention The City follows the guidelines of retaining records for five years from City's current fiscal year, as recommended in the Texas State Library Municipal Records Manual or may be authorized by the City's local records management guidelines. XIV. BANKING SERVICES All depository services are provided in the City's main depository agreement. Other services such as credit cards, direct deposit of payroll or other services may be administered through separate agreements. To aggressively invest Excess Cash Balances, controlled disbursements accounts, zero balance accounts and other cash management tools may be employed. XIV. ANNUAL POLICY ADOPTION This Policy will be reviewed and adopted by the City Council no less than annually. The accepting ordinance resolution will include a description of all changes made to this policy. XVI. GENERAL PROVISIONS A. Audits and Inspections. During regular business hours and as often as the Investment Officers deem necessary, the Institution providing certificates of deposit will make available for examination by the City Manager, his duly authorized agent, accountant, or legal representative, such records and data to assure the pledge of Collateral, availability of Collateral, and financial stability of the Institution. 18 B. Compliance with Laws. Each Institution agrees to comply with all federal, state, and local laws, rules, regulations, and ordinances. The personnel or officers of such Institution shall be fully qualified and authorized under federal, state, and local law to perform the services set out under this Policy. Each Institution shall permit the Investment Officers to audit, examine, and make excerpts or transcripts from such records and to make audits of all contract, invoices, materials, and other data relating to applicable Investments. C. Performance Audits. The City's Annual External Financial Audit shall include a compliance audit of management controls on Investments and adherence to this Policy. If the City invests in other than money market mutual funds, investment public funds investment pools or accounts offered by its depository in the form of certificates of deposit or money market accounts; the quarterly reports prepared by Investment Officers for the City Council must be formally reviewed at least annually by an independent auditor. The results of the review must be reported to the City Council by that auditor. D. Investment Policy Resolution. The resolution authorizing this Investment Policy is attached hereto as Appendix C. 19 APPENDIX A Texas Public Funds Investment Act Texas Government Code, Chapter 2256 Subchapter A PUBLIC FUNDS INVESTMENT ACT Chapter 2256, Texas Government Code Effective as of September 1, 2011 SUBCHAPTER A. AUTHORIZED INVESTMENTS FOR GOVERNMENTAL ENTITIES Sec. 2256.001 Short Title. This chapter may be cited as the Public Funds Investment Act. Sec. 2256.002 Definitions. In this chapter: (1) "Bond Proceeds" means the proceeds from the sale of bonds, notes, and other obligations issued by an entity, and reserves and funds maintained by an entity for debt service purposes. (2) "Book Value" means the original acquisition cost of an investment plus or minus the accrued amortization or accretion. (3) "Funds" means public funds in the custody of a state agency or local government that: (A) are not required by law to be deposited in the state treasury; and (B) the investing entity has authority to invest. (4) "Institution of higher education" has the meaning assigned by Section 61.003, Education Code. (5) "Investing entity" and "entity" mean an entity subject to this chapter and described by Section 2256.003. (6) "Investment pool" means an entity created under this code to invest public funds jointly on behalf of the entities that participate in the pool and whose investment objectives in order of priority are: (A) preservation and safety of principal; (B) liquidity; and (C) yield. (7) "Local government" means a municipality, a county, a school district, a district or authority created under Section 52(b)(1) or (2), Article III, or Section 59, Article XVI, Texas Constitution, a fresh water supply district, a hospital district, and any political subdivision, authority, public corporation, body politic, or instrumentality of the State of Texas, and any nonprofit corporation acting on behalf of any of those entities. (8) "Market value" means the current face or par value of an investment multiplied by the net selling price of the security as quoted by a recognized market pricing source quoted on the valuation date. (9) "Pooled fund group" means an internally created fund of an investing entity in which one or more institutional accounts of the investing entity are invested. (10) "Qualified representative" means a person who holds a position with a business organization, who is authorized to act on behalf of the business organization, and who is one of the following: (A) for a business organization doing business that is regulated by or registered with a securities commission, a person who is registered under the rules of the National Association of Securities Dealers; (B) for a state or federal bank, a savings bank or a state or federal credit union, a member of the loan committee for the bank or branch of the bank or a person authorized by corporate resolution to act on behalf of and bind the banking institution; (C) for an investment pool, the person authorized by the elected official or board with authority to administer the activities of the investment pool to sign the written instrument on behalf of the investment pool, or (D) for an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b -1 et seq.) or, if not subject to registration under that Act, registered with the State Securities Board, a person who is an officer or principal of the investment management firm. Patterson & Associates, Austin 1 (11) "School district" means a public school district. (12) "Separately invested asset" means an account or fund of a state agency or local government that is not invested in a pooled fund group. (13) "State agency" means an office, department, commission, board, or other agency that is part of any branch of state government, an institution of higher education, and any nonprofit corporation acting on behalf of any of those entities. Sec. 2256.003 Authority to Invest Funds; Entities Subject to this Chapter (a) Each governing body of the following entities may purchase, sell, and invest its funds and funds under its control in investments authorized under this subchapter in compliance with investment policies approved by the governing body and according to the standard of care prescribed by Section 2256.006: (1) a local government; (2) a state agency; (3) a nonprofit corporation acting on behalf of a local government or a state agency; or (4) an investment pool acting on behalf of two or more local governments, state agencies, or a combination of those entities. (b) In the exercise of its powers under Subsection (a), the governing body of an Investing entity may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b -1 et seq.) or with the State Securities Board to provide for the investment and management of its public funds or other funds under its control, A contract made under authority of this subsection may not be for a term longer than two years. A renewal or extension of the contract must be made by the governing body of the investing entity by order, ordinance or resolution. (c) This chapter does not prohibit an investing entity or investment officer from using the entity's employees or the services of a contractor of the entity to aid the investment officer in the execution of the officer's duties under this chapter. Sec. 2256.004 Applicability (a) This subchapter does not apply to: (1) a public retirement system as defined by Section 802.001; (2) state funds invested as authorized by Section 404.024; (3) an institution of higher education having total endowments of at least $95 million in book value on May 1, 1995 (4) funds invested by the Veterans Land Board as authorized by Chapter 161, 162, or 164, Natural Resources Code, (5) registry funds deposited with the county or district clerk under Chapter 117, Local Government Code, or (6) a deferred compensation plan that qualifies under either Section 401(k) or 457 of the Internal Revenue Code of 1986 (26 U.S.C. Section 1 et seq.) as amended. (b) This subchapter does not apply to an investment donated to an investing entity for a particular purpose or under terms of use specified by the donor. Sec. 2256.005 Investment Policies; Investment Strategies; Investment Officer. (a) The governing body of an investing entity shall adopt by rule, order, ordinance, or resolution, as appropriate, a written investment policy regarding the investment of Its funds and funds under its control. (b) The investment policies must: (1) be written; (2) primarily emphasize safety of principal and liquidity; (3) address investment diversification, yield, and maturity and the quality and capability of investment management; and (4) include: (A) a list of the types of authorized investments in which the investing entity's funds may be invested; (B)the maximum allowable stated maturity of any individual investment owned by the entity; (C) for pooled fund groups, the maximum dollar - weighted average maturity allowed based on the stated maturity date for the portfolio. (D)methods to monitor the market price of investments acquired with public funds; (E)a requirement for settlement of all transactions, except investment pool funds and mutual funds, on a delivery versus payment basis, and (F) procedures to monitor rating changes in investments acquired with public funds and the liquidation of such investments consistent with the provisions of Section 2256.021. (c) The investment policies may provide that bids for certificates of deposit be solicited: Patterson & Associates, Austin 2 (1) orally; (2) in writing; (3) electronically; or (4) in any combination of those methods. (d) As an integral part of an investment policy, the governing body shall adopt a separate written investment strategy for each of the funds or group of funds under its control. Each investment strategy must describe the investment objectives for the particular fund using the following priorities in order of importance: (1) understanding of the suitability of the investment to the financial requirements of the entity; (2) preservation and safety of principal; (3) liquidity; (4) marketability of the investment if the need arises to liquidate the investment before maturity; (5) diversification of the investment portfolio; and (6) yield. (e) The governing body of an investing entity shall review its investment policy and investment strategies not less than annually. The governing body shall adopt a written instrument by rule, order, ordinance or resolution stating that it has reviewed the investment policy and investment strategies and that the written instrument so adopted shall record any changes made to either the investment policy or investment strategies. (f) Each investing entity shall designate, by rule, order, ordinance, or resolution, as appropriate, one or more officers or employees of the state agency, local government, or investment pool as investment officer to be responsible for the investment of its funds consistent with the investment policy adopted by the entity. If the governing body of an investing entity has contracted with another investing entity to invest its funds, the investment officer of the other investing entity is considered to be the investment officer of the first investing entity for purposes of this chapter. Authority granted to a person to invest an entity's funds is effective until rescinded by the investing entity until the expiration of the officer's term or the_ termination of the person's employment by the investing entity, or if an investment management firm, until expiration of the contract with the investing entity. In the administration of the duties of an investment officer, the person designated as investment officer shall exercise the judgment and care, under prevailing circumstances, that a prudent person would exercise in the management of the person's own affairs, but the governing body of the investing entity retains ultimate responsibility as fiduciaries of the assets of the entity. Unless authorized by law, a person may not deposit, withdraw, transfer, or manage in any other manner the funds of the investing entity. (g) Subsection (f) does not apply to a state agency, local government, or investment pool for which an officer of the entity is assigned by law the function of investing its funds. (h) An officer or employee of a commission created under Chapter 391, Local Government Code, is ineligible to be designated as an investment officer under Subsection (f) for any investing entity other than for that commission. An officer or employee of a commission created under Chapter 391, Local Government Code, is ineligible to be an investment officer for the commission under Subsection (f) if the officer or employee is an investment officer designated under Subsection (f) for another local government. (I) An investment officer of an entity who has a personal business relationship with a business organization offering to engage in an investment transaction with the entity shall file a statement disclosing that personal business interest. An investment officer who is related within the second degree by affinity or consanguinity, as determined under Chapter 573, to an individual seeking to sell an investment to the investment officer's entity shall file a statement disclosing that relationship. A statement required under this subsection must be filed with the Texas Ethics Commission and the governing body of the entity. For purposes of this subsection, an investment officer has a personal business relationship with a business organization if: (1) the investment officer owns 10 percent or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business organization; (2) funds received by the investment officer from the business organization exceed 10 percent of the investment officer's gross income for the previous year; or (3) the investment officer has acquired from the business organization during the previous year investments with a book value of $2,500 or more for the personal account of the investment officer. (j) The governing body of an investing entity may specify in its investment policy that any investment authorized by this chapter is not suitable. (k) A written copy of the investment policy shall be presented to any person offering to engage in an investment transaction with an investing entity or to an investment management firm under contract with an investing entity to invest or manage the entity's investment portfolio, For purposes of this subsection, a business organization includes Patterson & Associates, Austin 3 investment pools and an investment management firm under contract with an investing entity to invest or manage the entity's investment portfolio. Nothing in this subsection relieves the investing entity of the responsibility for monitoring the investments made by the investing entity to determine that they are in compliance with the investment policy. The qualified representative of the business organization offering to engage in an investment transaction with an investing entity shall execute a written instrument in a form acceptable to the Investing entity and the business organization substantially to the effect that the business organization has: (1) received and reviewed the investment policy of the entity; and (2) acknowledged that the business organization has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the entity and the organization that are not authorized by the entity's investment policy, except to the extent that this authorization is dependent on an analysis of the makeup of the entity's entire portfolio or requires an interpretation of subjective investment standards. (I) The investment officer of an entity may not acquire or otherwise obtain any authorized investment described in the investment policy of the investing entity from a person who has not delivered to the entity the instrument required by Subsection (k). (m) An investing entity other than a state agency, in conjunction with its annual financial audit, shall perform a compliance audit of management controls on investments and adherence to the entity's established investment policies. (n) Except as provided by Subsection (o), at least once every two years a state agency shall arrange for a compliance audit of management controls on investments and adherence to the agency's established investment policies. The compliance audit shall be performed by the agency's internal auditor or by a private auditor employed in the manner provided by Section 321.020. Not later than January 1 of each even - numbered year, a state agency shall report the results of the most recent audit performed under this subsection to the state auditor. A state agency also shall report to the state auditor other information the state auditor determines necessary to assess compliance with laws and policies applicable to state agency investments. A report under this subsection shall be prepared in a manner the state auditor prescribes. (o) The audit requirements of Subsection (n) do not apply to assets of a state agency that are invested by the comptroller under Section 404.024. Sec. 2256.006 Standard of Care. (a) Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. Investment of funds shall be governed by the following investment objectives, in order of priority: (1) preservation and safety of principal; (2) liquidity; and (3) yield. (b) In determining whether an investment officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration: (1) the investment of all funds, or funds under the entity's control, over which the officer had responsibility rather than a consideration as to the prudence of a single investment; and (2) whether the investment decision was consistent with the written investment policy of the entity. Sec. 2256.007 Investment Training; State Agency Board Members and Officers. (a) Each member of the governing board of a state agency and its investment officer shall attend at least one training session relating to the person's responsibilities under this chapter within six months after taking office or assuming duties. (b) The Texas Higher Education Coordinating Board shall provide the training under this section. (c) Training under this section must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with this chapter. (d) An investment officer shall attend a training session not less than once each state fiscal biennium and may receive training from any independent source approved by the governing body of the state agency. The investment officer shall prepare a report on this subchapter and deliver the report to the governing body of the state agency not later than the 180`h day after the last day of each regular session of the legislature. Patterson & Associates, Austin 4 Sec. 2256.008 Investment Training; Local Governments. (a) Except as provided by Subsections (b) and (e), the treasurer, the chief financial officer if the treasurer is not the chief financial officer, and the investment officer of a local government shall; (1) attend at least one training session from an independent source approved by the governing body of the local government or a designated investment committee advising the investment officer as provided for in the investment policy of the local government and containing at least 10 hours of instruction relating to the treasurer's or officer's responsibilities under this subchapter within 12 months after taking office or assuming duties; and (2) except as provided by Subsection (b) and (e), attend an investment training session not less than once in a two -year period that begins on the first day of that local government's fiscal year and consists of the two consecutive years after that date, and receive not less than 10 hours of instruction relating to investment responsibilities under this subchapter from an independent source approved by the governing body of the local government or a designated investment committee advising the Investment officer as provided for in the investment policy of the local government. (b) An investing entity created under authority of Section 52(b), Article 11I, or Section 59, Article XVI, Texas Constitution, that has contracted with an investment management firm under Section 2256.003(b) and has fewer than five full -time employees or an investing entity that has contracted with another investing entity to invest the entity's funds may satisfy the training requirement provided by Subsection (a)(2) by having an officer of the governing body attend four hours of appropriate instruction in a two -year period that begins on the first day of that local government's fiscal year and consists of the two consecutive fiscal years after that date. The treasurer or chief financial officer of an investing entity created under authority of Section 52(b), Article III, or Section 59, Article XVI, Texas Constitution, and that has fewer than five full -time employees is not required to attend training required by this section unless the person is also the investment officer of the entity. (c) Training under this section must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio,, and compliance with this chapter. (d) Not later than December 31 each year, each individual, association, business, organization, governmental entity, or other person that provides training under this section shall report to the comptroller a list of the governmental entities for which the person provided required training under this section during that calendar year. An individual's reporting requirements under this subsection are satisfied by a report of the individual's employer or the sponsoring or organizing entity of a training program or seminar. (e) This section does not apply to a district governed by Chapter 36 or 49, Water Code. Sec. 2256.009 Authorized Investments: Obligations of, or Guaranteed by Governmental Entities. (a) Except as provided by Subsection (b), the following are authorized investment under this subchapter: (1) Obligations, including letters of credit, of the United States or its agencies and instrumentalities; (2) direct obligations of this state or its agencies and instrumentalities; (3) collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States, the underlying security for which is guaranteed by an agency or instrumentality of the United States. (4) other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, this state or the United States or their respective agencies and instrumentalities including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States.; and (5) obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality by a nationally recognized investment rating firm not less than A or its equivalent and (6) bonds issued, assumed, or guaranteed by the State of Israel. (b) The following are not authorized investments under this section: (1) obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage- backed security collateral and pays no principal; (2) obligations whose payment represents the principal stream of cash flow from the underlying mortgage - backed security collateral and bears no interest; (3) collateralized mortgage obligations that have a stated final maturity date of greater than 10 years; and (4) collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. Patterson & Associates, Austin 5 Sec. 2256.010 Authorized Investments: Certificates of Deposit. (a) A certificate of deposit or share deposit is an authorized investment under this subchapter if the certificate is issued by a depository institution that has its main office or a branch office in this state and is: (1) guaranteed or insured by the Federal Deposit Insurance Corporation, or its successor or the National Credit Union Share Insurance Fund or Its successor; (2) secured by obligations that are described by Section 2256.009(a), including mortgage backed securities directly issued by a federal agency or instrumentality that have a market value of not Tess than the principal amount of the certificates, but excluding those mortgage- backed securities of the nature described by Section 2256.009(b); or (3) secured in any other manner and amount provided by law for deposits of the investing entity. (b) In addition to the authority to invest funds in certificates of deposit under Subsection (a), an investment in certificates of deposit made in accordance with the following conditions is an authorized investment under this subchapter: (1) the funds are invested by an investing entity through: (A) a broker that has a main office or a branch office in this state and is selected from a list adopted by the investing entity as required by Section 2256.025; or (8) a depository institution that has its main office or a branch office in this state and that is selected by the investing entity; (2) the broker or the depository institution selected by the investing entity under Subdivision (1) arranges for the deposit of the funds in certificates of deposit in one or more federally insured depository institutions, wherever located, for the account of the investing entity; (3) the full amount of the principal and accrued interest of each of the certificates of deposit is insured by the United States or an instrumentality of the United States; and (4) the investing entity appoints the depository institution selected by the investing entity under Subdivision (A), an entity described by Section 2257.041(d), or a clearing broker - dealer registered with the Securities and Exchange Commission Rule 15c3 -3 (17 C.F.R. Section 240.15c3 -3 as custodian for the investing entity with respect to the certificates of deposit issued for the account of the investing entity (C ) In addition to the authority to invest funds in certificates of deposit under Subsections (a) and (b), an investment in certificates of deposit Is an authorized investment under this subchapter if made in accordance with the following conditions: (a) the funds are invested by an investing entity through a broker that is selected from a list adopted by the investing entity as required in Section 2256.025 or through a depository institution that has its main office or a branch office in this state. (2) the broker or depository institution is selected by the investing entity under Subdivision (1) arranges for the deposit of the funds in certificates of deposit in one or more federally insured depository institutions, wherever located, for the account of the investing entity; and (3) the full amount of the principal and accrued interest of each of the certificates of deposit are insured by the United States or an institution of the United States. Sec. 2256.011 Authorized Investments: Repurchase Agreements. (a) A fully collateralized repurchase agreement is an authorized investment under this subchapter if the repurchase agreement: (1) has a defined termination date; (2) is secured by a combination of cash and obligations described by Section 2256,009(a)(1); and (3) requires the securities being purchased by the entity or cash held b ythe entity to be pledged to the entity, held in the entity's name, and deposited at the time the investment is made with the entity or with a third party selected and approved by the entity; and (4) is placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this state. (b) In this section, "repurchase agreement" means a simultaneous agreement to buy, hold for a specified time, and sell back at a future date, obligations described by Section 2256.009(a)(1) at a market value at the time the funds are disbursed of not less than the principal amount of the funds disbursed. The term includes a direct security repurchase agreement and a reverse security repurchase agreement. (c) Notwithstanding any other law, the term of any reverse security repurchase agreement may not exceed 90 days after the date the reverse security repurchase agreement is delivered. (d) Money received by an entity under the terms of a reverse security repurchase agreement shall be used to acquire additional authorized investments, but the term of the authorized investments acquired must mature not later than the expiration date stated in the reverse security repurchase agreement. Sec. 2256.0115 Authorized Investments: Securities Lending (a) A securities lending program is an authorized investment under this subchapter if it meets the conditions provided by this section. Patterson & Associates, Austin 6 (b) To qualify as an authorized investment under this subchapter: (1) the value of securities loaned under the program must be not less than 100 percent collateralized, including accrued income; (2) a loan made under the program must allow for termination at any time; (3) a loan made under the program must be secured by: (A) pledged securities described by Section 2256.009; (B) pledged irrevocable letters of credit issued by a bank that is: (I) organized and existing under the laws of the United States or any other state; and (ii) continuously rated by at least one nationally recognized investment rating firm at not less than A or its equivalent; or (C) cash invested in accordance with Section: (I) 2256.009; (ii) 2256.013; (iii) 2256.014; or (iv) 2256.016 (4) the terms of a loan made under the program must require that the securities being held as collateral be: (A) pledged to the investing entity; (B) held in the investing entity's name, and; (C) deposited at the time the investment is made with the entity or with a third party selected by or approved by the investing entity; (5) a loan made under the program must be placed through: (A) a primary government securities dealer, as defined by 5 C.F.R. Section 6801.102(f), as that regulation existed on September 1, 2003; or (B) a financial institution doing business in this state; and (6) an agreement to lend securities that is executed under this section must have a term of one year or less. Sec. 2256.012 Authorized Investments: Banker's Acceptances A bankers' acceptance is an authorized investment under this subchapter if the bankers' acceptance: (1) has a stated maturity of 270 days or fewer from the date of its issuance; (2) will be, in accordance with its terms, liquidated in full at maturity; (3) is eligible for collateral for borrowing from a Federal Reserve Bank; and (4) is accepted by a bank organized and existing under the laws of the United States or any state, if the short-term obligations of the bank or of a bank holding company of which the bank is the largest subsidiary are rated not less than A -1 or P -1 or an equivalent rating by at least one nationally recognized credit rating agency. Sec. 2256.013 Authorized Investments: Commercial Paper. Commercial paper is an authorized investment under this subchapter if the commercial paper: (1) has a stated maturity of 270 days or fewer from the date of its issuance; and (2) is rated not less than A -1 or P -1, or an equivalent rating by at least: (A) two nationally recognized credit rating agencies; or (B) one nationally recognized credit rating agency and is fully secured by an irrevocable letter of credit issued by a bank organized and existing under the laws of the United States or any state. Sec. 2256.014 Authorized Investment: Mutual Funds. (a) A no -load money market mutual fund is an authorized investment under this subchapter if the mutual fund: (1) is registered with and regulated by the Securities and Exchange Commission; (2) provides the investing entity with a prospectus and other information required by the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) or the Investment Company Act of 1940(15 U.S.C. Section 80a -1 et seq.) (3) has a dollar- weighted average stated maturity of 90 days or fewer; and (4) includes in its investment objectives the maintenance of a stable net asset value of $1 for each share. (b) In addition to a no -load money market mutual fund permitted as an authorized investment in Subsection (a), a no- load mutual fund is an authorized investment under this subchapter if the mutual fund: (1) is registered with the Securities and Exchange Commission; (2) has an average weighted maturity of less than two years; (3) is invested exclusively in obligations approved by this subchapter; (4)is continuously rated as to investment quality by at least one nationally recognized investment rating firm of not less than AAA or its equivalent; and (5) conforms to the requirements set forth In Sections 2256.016(b) and (c) relating to the eligibility of investment pools to receive and invest funds of investing entities. Patterson & Associates, Austin 7 (c) An entity is not authorized by this section to: (1) invest in the aggregate more than 15 percent of its monthly average fund balance, excluding bond proceeds and reserves and other funds held for debt service, in mutual funds described in Subsection (b); or (2) invest any portion of bond proceeds, reserves and funds held for debt service, in mutual funds described in Subsection (b); or (3) invest its funds or funds under its control, including bond proceeds and reserves and other funds held for debt service, in any one mutual fund described in Subsection (a) or (b) in an amount that exceeds 10 percent of the total assets of the mutual fund. Sec. 2256.015 Authorized Investments: Guaranteed Investment Contracts. (a) A guaranteed investment contract is an authorized investment for bond proceeds under this subchapter if the guaranteed investment contract: (1) has a defined termination date; (2) is secured by obligations described by Section 2256.009(a)(1), excluding those obligations described by Section 2256.009(b), in an amount at least equal to the amount of bond proceeds invested under the contract; and (3) is pledged to the entity and deposited with the entity or with a third party selected and approved by the entity. (b) Bond proceeds, other than bond proceeds representing reserves and funds maintained for debt service purposes, may not be invested under this subchapter in a guaranteed investment contract with a term of longer than five years from the date of issuance of the bonds. (c) To be eligible as an authorized investment: (1) the governing body of the entity must specifically authorize guaranteed investment contracts as an eligible investment in the order, ordinance, or resolution authorizing the Issuance of bonds; (2) the entity must receive bids from at least three separate providers with no material financial interest in the bonds from which proceeds were received; (3) the entity must purchase the highest yielding guaranteed investment contract for which a qualifying bid is received; (4) the price of the guaranteed investment contract must take into account the reasonably expected drawdown schedule for the bond proceeds to be invested; and (5) the provider must certify the administrative costs reasonably expected to be paid to third parties in connection with the guaranteed investment contract. Sec. 2256.016 Authorized Investment: Investment Pools. (a) An entity may invest its funds and funds under its control through an eligible investment pool if the governing body of the entity by rule, order, ordinance, or resolution, as appropriate, authorizes investment in the particular pool. An investment pool shall invest the funds it receives from entities in authorized investments permitted by this subchapter. An investment pool may invest its funds in money market mutual funds to the extent permitted by and consistent with this subchapter and the investment policies and objectives adopted by the investment pool. (b) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity an offering circular or other similar disclosure instrument that contains, at a minimum, the following information: (1) the types of investments in which money is allowed to be invested; (2) the maximum average dollar- weighted maturity allowed, based on the stated maturity date, of the pool; (3) the maximum stated maturity date any investment security within the portfolio has; (4) the.objectives of the pool; (5) the size of the pool; (6) the names of the members of the advisory board of the pool and the dates their terms expire; (7) the custodian bank that will safekeep the pool's assets; (8) whether the intent of the pool is to maintain a net asset value of one dollar and the risk of market price fluctuation; (9) whether the only source of payment is the assets of the pool at market value or whether there is a secondary source of payment, such as insurance or guarantees, and a description of the secondary source of payment; (10) the name and address of the independent auditor of the pool; (11) the requirements to be satisfied for an entity to deposit funds in and withdraw funds from the pool and any deadlines or other operating policies required for the entity to invest funds in and withdraw funds from the pool; and (12) the performance history of the pool, including yield, average dollar- weighted maturities, and expense ratios. Patterson & Associates, Austin 8 (c) To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity: (1) investment transaction confirmations; and (2) a monthly report that contains, at a minimum, the following information: (A) the types and percentage breakdown of securities in which the pool is invested; (B) the current average dollar- weighted maturity, based on the stated maturity date, of the pool; (C) the current percentage of the pool's portfolio in investments that have stated maturities of more than one year; (D) the book value versus the market value of the pool's portfolio, using amortized cost valuation; (E) the size of the pool; (F) the number of participants in the pool; (G) the custodian bank that is safekeeping the assets of the pool; (H) a listing of daily transaction activity of the entity participating in the pool; (I) the yield and expense ratio of the pool, including a statement regarding how yield is calculated; (J) the portfolio managers of the pool; and (K) any changes or addenda to the offering circular. (e) An entity by contract may delegate to an investment pool the authority to hold legal title as custodian of investments purchased with its local funds. (f) In this section, "yield" shall be calculated in accordance with regulations governing the registration of open -end management investment companies under the Investment Company Act of 1940, as promulgated from time to time by the Federal Securities and Exchange Commission. (g) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, a public funds investment pool created to function as a money market mutual fund must mark its portfolio to market daily, and, to the extent reasonably possible, stabilize at a $1 net asset value. If the ratio of the market value of the portfolio divided by the book value of the portfolio is less than 0.995 or greater than 1.005, portfolio holdings shall be sold as necessary to maintain the ratio between 0.995 and 1.005. In addition to the requirements of its investment policy and any other forms of reporting, a public funds investment pool created to function as a money market money fund shall report yield to its investors in accordance with regulations if the federal Securities and Exchange Commission applicable to reporting by money market funds. (h) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, a public funds investment pool must have an advisory board composed (1) equally of participants in the pool and other persons who do not have a business relationship with the pool and are qualified to advise the pool, for a public funds investment pool created under Chapter 791 and managed by a state agency; or (2) of participants in the pool and other persons who do not have a business relationship with the pool and are qualified to advise the pool, for other investment pools. (1) To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must be continuously rated no lower than AAA or AAA -m or at an equivalent rating by at least one nationally recognized rating service. (i)If the investment pool operates an Internet website, the information in a disclosure instrument or report described in Subsections (b), (c) (2) and (f) must be posted on the website. (j) To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must make available to the entity and annual audited financial statement of the investment pool in which the entity has funds invested. (k) If an investment pool offers fee breakpoints based on fund balance invested, the investment pool in advertising investment rates must include either all levels of return based on the breakpoints provided or state the lowest possible level of return based on the smallest level of funds invested. Sec. 2256.017 Existing Investments. An entity is not required to liquidate investments that were authorized investment at the time of purchase. Sec. 2256.019 Ratings of Certain Investment Pools. A public funds investment pool must be continuously rated no lower than AAA or AAA -m or at an equivalent rating by at least one nationally recognized rating service or no lower than investment grade by at least one nationally recognized rating service Sec. 2256.020 Authorized Investments: Institutions of Higher Education. In addition to the authorized investments permitted by this subchapter, an institution of higher education may purchase, sell, and invest its funds and funds under its control in the following: Patterson & Associates, Austin 9 (1) cash management and fixed income funds sponsored by organizations exempt from federal income taxation under Section 501(f), Internal Revenue Code of 1986 (26 U.S.C. Section 501(f)); (2) negotiable certificates of deposit issued by a bank that has a certificate of deposit rating of at least 1 or the equivalent by a nationally recognized credit rating agency or that is associated with a holding company having a commercial paper rating of at least A -1, P4, or the equivalent by a nationally recognized credit rating agency; and (3) corporate bonds, debentures, or similar debt obligations rated by a nationally recognized investment rating firm in one of the two highest long -term rating categories, without regard to gradations within those categories. Sec. 2256.0201 Authorized Investment; Municipal Utility (a) A municipality that owns a municipal electric utility that is engaged in the distribution and sale of electric energy or natural gas to the public may enter into a hedging contract and related security and insurance agreements in relation to fuel oil, natural gas, coal, nuclear fuel, and electric energy to protect against loss due to price fluctuations. A hedging transaction must comply with the regulations of the Commodity Futures Trading Commission and the Securities and Exchange Commission. If there is a conflict between the municipal charter of the municipality and this chapter, this chapter prevails. (b) A payment by the municipally owned electric or gas utility under a hedging contract or related agreement in relation to fuel supplies or fuel reserves is a fuel expense, and the utility may credit any amounts it receives under the contract or agreement against fuel expenses. (c) The governing body of a municipally owned electric or gas utility or the body vested with power to manage and operate the municipally owned electric or gas utility may set policy regarding hedging transactions. (d) In this section, "hedging" means the buying and selling of fuel oil, natural gas, coal, nuclear fuel, and electric energy futures or options or similar contracts on those commodities and related transportation costs as a protection against loss due to price fluctuations. Sec. 2256.0202. Authorized Investments: Municipal Funds from Management and Development of Mineral Rights. (a) In addition to other investments authorized under this subchapter, a municipality may invest funds received by the municipality from a lease or contract for the management and development of land owned by the municipality and leased for oil, gas, or other mineral development in any investment authorized to be made by a trustee under Subtitle B, Title 9, Property Code (Texas Trust Code). (b) Funds invested by a municipality under this section shall be segregated and accounted for separately from other funds of the municipality. Sec. 2256.0203 Authorized Investments: Ports and Navigations Districts. (a) In this section, "district" means a navigation district organized under Section 52, Article III, or Section 59, Article XVI, Texas Constitution. (b) In addition to the authorized investments permitted by this subchapter, a port or district may purchase, sell, and invest its funds and funds under its control in negotiable certificates of deposit issued by a bank that has a certificate of deposit rating of at least 1 or the equivalent by a nationally recognized credit rating agency or that is associated with a holding company having a commercial paper rating of at least A -1. P4, or the equivalent by a nationally recognized credit rating agency. Sec. 2256.0204 Authorized Investments: Independent School Districts (a) In this section, "corporate bond" means a senior secured debt obligation issued by a domestic business entity and rated not lower that "AA -" or the equivalent by a nationally recognized investment rating firm. The term does not include a debt obligation that: (1) on conversion, would result in the holder becoming a stockholder or shareholder in the entity, or any affiliate or subsidiary of the entity, that issued the debt obligations; or (2) is an unsecured debt obligation. (b) This section applies only to an independent school district that qualifies as an issuer as defined by Section 1371.001. (c) In addition to authorized investments permitted by this subchapter, an independent school district subject to this section may purchase, sell, and invest its funds and funds under its control, in corporate bonds that, at the time of purchase, are rated by a nationally recognized rating firm "AA -" or the equivalent and have a stated final maturity that is not later than the third anniversary of the date the corporate bonds were purchased. (d) An independent school district subject to this section is not authorized by this section to: (1) invest in the aggregate more than 15% of its monthly average fund balance, excluding bond proceeds, reserves, and other funds held for payment of debt service, in corporate bonds; or (2) invest more than 25% of the funds invested in corporate bonds in any one domestic business entity, including subsidiaries and affiliates of the entity. Patterson & Associates, Austin 10 (e) An independent school district subject to this section may purchase, sell, and invest its funds and funds nder its control in corporate bonds if the governing body of the district: (1) amends its investment policy to authorize corporate bonds as an eligible investment; (2) adopts procedures to provide fir: (A) monitoring rating changes in corporate bonds acquired with public funds; and (B) liquidating the investment In corporate bonds; and (3) identifies the funds eligible to be invested in corporate bonds. (f) The investment officer of an independent school district, acting on behalf of the district, shall sell corporate bonds in which the district has invested its fnds not later than the seventh day after the date a nationally recognized investment rating firm: (1)issues a release that places the corporate bonds or the doestic business entity that issued the corporate bonds on negative credit watch or the equivalent, if the corporate bonds are rated "AA -" or the eqwuivalent at the time the release is issued ;or (2) changes the rating on the corporate bonds to a rating less than "AA -" or the equivalent. (g) Corporate bonds are not an eligible investment for a public funds investment pool. Sec. 2256.0205 Authorized Investment: Decommissioning Trust (a) In this section: (1) "Decommissioning Trust" means a trust created to provide the Nuclear Regulatory Commission assurance that funds will be available for decommissioning purposes as required under 10 C,F,R, Part 50 or other similar regulation. (2) :Funds" includes any money held in a decommissioning trust regardless of whether the money is considered to be public funds under this subchapter. (b) In addition to other investments authorized under this subchapter, a municipality that owns a municipal electric utility that is engaged in the distribution and sale of electric energy or natural gas to the public may invest funds held in a decommissioning trust in any investment authorized by Subtitle B, Title 9, Property Code. Sec. 2256.021 Effect of Loss of Required Rating. An investment that requires a minimum rating under this subchapter does not qualify as an authorized investment during the period the investment does not have the minimum rating. An entity shall take all prudent measures that are consistent with its investment policy to liquidate an investment that does not have the minimum rating. Sec. 2256.022 Expansion of Investment Authority. Expansion of investment authority granted by this chapter shall require a risk assessment by the state auditor or performed at the direction of the state auditor, subject to the legislative audit commit approval of including the review in the audit plan under Section 321.0134 Sec. 2256.023 Internal Management Reports. (a) Not less than quarterly, the investment officer shall prepare and submit to the governing body of the entity a written report of investment transactions for all funds covered by this chapter for the preceding reporting period. (b) The report must: (1) describe in detail the investment position of the entity on the date of the report; (2) be prepared jointly by all investment officers of the entity; (3) be signed by each investment officer of the entity; (4) contain a summary statement of each pooled fund group that states the: (A) beginning market value for the reporting period; (B) ending market value for the period; and (C ) fully accrued interest for the reporting period. (5) state the book value and market value of each separately invested asset at the end of the reporting period by the type of asset and fund type invested; (6) state the maturity date of each separately invested asset that has a maturity date; (7) state the account or fund or pooled fund group in the state agency or local government for which each individual investment was acquired; and (8) state the compliance of the Investment portfolio of the state agency or local government as it relates to: (A) the investment strategy expressed in the agency's or local government's investment policy; and (B) relevant provisions of this chapter. Patterson & Associates, Austin 11 (c) The report shall be presented not less than quarterly to the governing body and the chief executive officer of the entity within a reasonable time after the end of the period. (d) If an entity invests in other than money market mutual funds, investment pools or accounts offered by its depository bank in the form of certificates of deposit, or money market accounts or similar accounts, the reports prepared by the investment officers under this section shall be formally reviewed at least annually by an independent auditor, and the result of the review shall be reported to the governing body by that auditor. Sec. 2256,024 Subchapter Cumulative (a) The authority granted by this subchapter is in addition to that granted by other law. Except as provided by Subsection (b), this subchapter does not: (1) prohibit an investment specifically authorized by other law; or (2) authorize an investment specifically prohibited by other law. (b) Except with respect to those investing entities described in Subsection (c), a security described in Section 2256.009(b) is not an authorized investment for a state agency, a local government, or another investing entity, notwithstanding any other provision of this chapter or other law to the contrary. (c) Mortgage pass through certificates and individual mortgage loans that may constitute an investment described in Section 2256.009(b) are authorized investments with respect to the housing bond programs operated by: (1) the Texas Department of Housing and Community Affairs or a nonprofit corporation created to act on its behalf; (2) an entity created under Chapter 392, Local Government Code; or (3) an entity created under Chapter 394, Local Government Code. Sec. 2256.025 Selection of Authorized Brokers The governing body of an entity subject to this subchapter or the designated investment committee of the entity shall, at least annually, review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the entity. Sec. 2256.026 Statutory Compliance All investments made by entities must comply with this subchapter and all federal, state, and local statutes, rules or regulations. [SECTION 2256.027- 2256.050Reserved for expansion) SUBCHAPTER B. MISCELLANEOUS PROVISIONS. Sec. 2256.051 Electronic Funds Transfer. Any local government may use electronic funds means to transfer or invest all funds collected or controlled by the local government. Sec. 2256.052 Private Auditor. Notwithstanding any other law, a state agency shall employ a private auditor if authorized by the legislative audit committee either on the committee's initiative or on request of the governing body of the agency. Sec. 2256.053 Payment of Securities Purchased by State. The comptroller or the disbursing officer of an agency that has the power to invest assets directly may pay for authorized securities purchased from or through a member in good standing of the National Association of Securities Dealers or from or through a national or state bank on receiving an invoice from the seller of the securities showing that the securities have been purchased by the board or agency and that the amount to be paid for the securities is just, due and unpaid. A purchase of securities may not be made at a price that exceeds the existing market value of the securities. Sec. 2256.054 Delivery of Securities Purchased by State. A security purchased under this chapter may be delivered to the comptroller, a bank, or the board or agency investing its funds. The delivery shall be made under normal and recognized practices in the securities and banking industries, including the book entry procedure of the Federal Reserve Bank. Sec. 2256.055 Deposit of Securities Purchased By State. At the direction of the comptroller or the agency, a security purchased under this Chapter may be deposited in trust with a bank or federal reserve bank or branch designated by the comptroller, whether in or outside the state. The deposit shall be held in the entity's name as evidenced by a trust receipt of the bank with which the securities are deposited. Patterson & Associates, Austin 12 APPENDIX B Article V Code of Ethics Page 1 of 8 ARTICLE V. CODE OF ETHICS* DIVISION 1. RULES OF CONDUCT Sec. 2-310. Preamble. The purpose of this Code of Ethics is to promote public trust by establishing rules of conduct for city council members, board members, and employees; by providing a fair process for receiving and adjudicating complaints; and by requiring periodic financial disclosure. The rules of conduct form the basis for possible sanctions, and are therefore intended to clearly define proper conduct so that those who must comply may understand the rules and carry out their responsibilities consistently with the rules. It is recognized that situations with ethical implications will arise outside the prohibitions of the rules; in such situations, council members, board members, and employees are encouraged to keep in mind the ideal of the public trust and to conduct themselves in a manner to avoid the appearance of impropriety even where not compelled by the rules. Sec. 2-311. Standards. The following rules of conduct apply to all council members, board members, and employees: Special privileges. (1) You shall not use your office for private advancement or gain or to secure special privileges or exemptions for yourself or others. (2) You shall not grant any special consideration, treatment or advantage to any person or group beyond that which is available to others generally. (3) (a) You shall not use city facilities, personnel, equipment or supplies for purposes unrelated to the interests of the city, except to the extent such are lawfully available to the public. (b) You may not spend or authorize the spending of public funds for political advertising. This prohibition does not apply to a communication that factually describes the purposes of a measure if the communication does not advocate passage or defeat of the measure. This paragraph shall be construed consistently with Texas Election Code Section 255.003. (4) Unless you are a council member, you shall not use the prestige of your position with the city on behalf of any political party or cause. Gifts: (5) You shall not accept or solicit any money, property, service or other thing of value by way of gift, favor, loan or otherwise that might reasonably tend to influence you in the Page 2 of 8 discharge of your official duties or which you know or should have known was offered with the intent to influence or reward your official conduct. (6) In the event you receive any gift or loan of property or services on behalf of the city, you shall promptly deliver such gift or loan to the city manager for official acceptance and inventory of the city. Conflicts of interest: (7) In the event you or one of your relatives have an interest or any substantial interest in a contract or transaction involving the city which comes before you in the performance of your official duties, you shall make a written disclosure of your interest in the matter and abstain from any vote or decision and not participate in any discussion on the matter. (8) You shall not engage in any outside activities or employment which will conflict or be incompatible with the full and proper discharge of your official duties, impair your independent judgment in the performance of your duties, or reflect discredit upon the city. (9) You shall not represent any other private person, or group or interest in any action or proceeding against or adverse to the interest of the city or in any litigation in which the city is a party. (10) You shall not represent any other private person or group in any action or proceeding in the municipal courts of the city which was instituted by city officers or employees in the course of their official duties. (11) You shall not receive any fee or compensation for your official services from any source other than the city except as may be provided by law or authorized by the city council. Actions adverse to the city: (12) You shall not disclose information that could adversely affect the property or affairs of the city. (13) You shall not knowingly perform or refuse to perform any act in order to deliberately thwart the execution of federal, state or local laws or regulations or the achievement of any official city programs. (14) You shall not engage in any felony crime, misdemeanor involving moral turpitude, or other conduct that reflects discredit on the city. Provisions for council members: (15) As a council member, you shall not have a substantial interest in any contract with the city. Page 3 of 8 (16) In order to preserve and promote independent advice and decisions from city boards and the integrity of the independent board process as a council member, you shall not speak before any city board, commission or committee except on behalf of your own financial interest; in which case, you shall publicly state the nature of your financial interest and that you are appearing only in your private capacity. (17) As a council member, you shall not give any orders to any employee except through the city manager as provided by the City Charter. (18) As a council member, you shall not participate in the process for the appointment of or the confirmation of the appointment of a member to a board, commission or committee of the city, or to the governing body of an independent entity all or part of whose members are appointed by the city council, after you are aware that an individual seeking, being promoted for, or being considered for the position: (1) is related to you within a degree described by Section 573.002, Texas Government Code; (2) is your employer; (3) is a director or officer of a business entity (as defined in Section 171.001, Texas Local Government Code) which is your employer; or (4) owns ten (10) per cent or more of the voting stock or shares of a business entity which is your employer. Provisions for board members: (19) As a board member, you shall not have a substantial interest in any contract with the city in which your board or commission, or the city department related thereto, has jurisdiction. (20) As a board member, you shall not represent or appear on behalf of the private interest of others before your board, commission or committee, the city council, or any board which has appellate jurisdiction over your board, commission or committee, concerning a matter which is within the subject matter jurisdiction of your board. (This rule does not prohibit you from appearing on behalf of your own financial interest even though others may have the same or a similar interest.) Provisions for employees: (21) As an employee you shall not have an interest in any contract with the city. (22) Unless previously recommended by the city manager, and approved by the Ethics Commission, as an employee, you shall not, within twelve (12) months after leaving city employment, represent any other person or organization in any formal or informal appearance with the city council or any other agency or employee of the city concerning a project for which you had responsibility as an employee. Page 4 of 8 (23) As an employee, you shall not represent or appear on behalf of the private interest of others before the city council or any board, commission or committee of the city. (This rule does not prohibit you from appearing on behalf of your own financial interest even though others may have the same or a similar interest). (24) As an employee, you may not be employed by any business or individual who has business dealings with or for your department, including any work that is subject to review or inspection by your department, even if you do not personally review or inspect the work of the business or individual. Sec. 2-312. Definitions. The following definitions apply to the above rules of conduct: Board member: A member of any board, commission or committee of the city, including the board of any corporation created by the city. Employee: Any person employed by the city, whether under civil service or not, including part -time employees and employees of any corporation created by the city. Interest: Any direct or indirect pecuniary or material benefit in a contract or transaction other than: (1) An interest which is shared by and available to all other persons similarly situated; or (2) A remote or incidental interest which would not increase or decrease materially due to the action of the city or is less than two hundred dollars ($200.00) in value; or (3) An interest of a subcontractor which has no direct contractual relationship with the city, is receiving fair and reasonable compensation, and is not operating as a subterfuge to circumvent the code of ethics; or (4) An interest in real property acquired by the city which could otherwise be accomplished only through eminent domain provided that the property must be acquired for a public purpose and just compensation must be paid under the Texas Constitution after obtaining an independent appraisal. Relative: Spouse, father, mother, brother, sister, son, daughter, spouse's children, father -in -law, mother -in -law, brother -in -law, sister -in -law, son -in -law, daughter -in -law and adoptive relationships being treated the same as natural relationships. Substantial interest: Any interest which has a value of five thousand dollars ($5,000.00) or more or represents ten (10) per cent or more of a person's gross income during the most recent calendar year. Sec. 2 -313. Effect of violation. Page 5 of 8 A violation of these rules of conduct shall subject the council member, board member or employee to appropriate disciplinary proceedings, but such violation shall not render the action of the city voidable by the city unless the action would not have been approved without the vote of the person who violated the rules of conduct. Sec. 2 -314. Exceptions to abstention requirement. The requirement that a council member or board member abstain from voting on a matter or participating in discussion as contained in rule 7 of the rules of conduct shall not apply in the following situations, provided that such person has complied with the requirements of written disclosure of the interest: (a) In the event a majority of the members of the council or the board, commission or committee have filed a written disclosure of a conflict of interest on the matter and would be required to abstain; or (b) On the final approval of the budget when the person has abstained from a separate vote taken on the particular budget item pertaining to the conflict of interest and action or that particular item has been resolved. Sec. 2 -315. Freedom of expression. Nothing contained in the code of ethics shall abridge the right of any citizen, whether or not a council member, board member or employee, to exercise his or her right of expression under the U.S. or Texas Constitutions. Sec. 2 -316. Lobbyist registration. Subsection A. Persons required to register as lobbyists. (a) A person who engages in lobbying must register with the city secretary if, with respect to any client, the person engages in lobbying activities for compensation. (b) The following persons are not required to register under subsection (a): (1) Media outlets. A person who owns, publishes or is employed by: (A) a newspaper; (B) any other regularly published periodical; (C) a radio station; (D) a television station; (E) a wire service; or Page 6 of 8 (F) any other bona fide news medium that in the ordinary course of business disseminates news, opinions, or paid advertisements that directly or indirectly oppose or promote municipal questions to seek to influence official action relating thereto, if the person does not engage in other activities that require registration under Part E. This subsection does not exempt the news media or a person whose relation to the news media is only incidental to a lobbying effort or if a position taken or advocated by a media outlet directly impacts, affects, or seeks to influence a municipal question in which the media outlet has a direct or indirect economic interest. (2) Mobilizing entity constituents. A person whose only lobbying activity is to encourage or solicit the members, employees, or owners (including shareholders) of an entity by whom the person is compensated to communicate directly with one or more city officials to influence municipal questions. This exception is intended to apply to neighborhood and other similar not - for - profit organizations. (3) Governmental entities. Governmental entities and their officers and employees, provided the communications relate solely to subjects of governmental interest concerning the respective governmental bodies and the city. (4) Unknown municipal questions. A person who does not know and has no reason to know that a municipal question is pending at the time of contact with a city official. (5) Dispute resolution. An attorney or other person whose contact with a city official is made solely as part of resolving a dispute with the city, provided that the contact is solely with city officials who do not vote on or have final authority over any municipal question involved and so long as such an attorney complies with Rule 4.02 of the Texas Disciplinary Rules of Professional Conduct, as amended. Subsection B. Definitions. The following words and phrases have the meaning ascribed to them in this section unless the context requires otherwise: (a) City official means the members of the city council, city manager, deputy and assistant city managers, city secretary, city attorney, assistant city attorneys, department heads, municipal court judges, and all members of any board, commission or committee of the city, including the board of any corporation created by the city. (b) Client means any person on whose behalf lobbying is conducted. In the case of a coalition or association that employs or retains other persons to conduct lobbying activities, the client is the coalition or association and not its individual members. (c) Compensation means money, service, facility or other thing of value or financial benefit that is received or is to be received in return for or in connection with services rendered or to be rendered. Compensation does not include a payment made to any individual regularly employed by a person if (1) the payment ordinarily would be made regardless of whether the individual engaged in lobbying activities and (2) lobbying activities are not part of the individual's regular responsibilities to the person making the Page 7 of 8 payment. Compensation does not include the financial gain that a person may realize as a result of the determination of a municipal question, unless that gain is in the form of a contingent fee. (d) Lobby or lobbying means any oral or written communication (including an electronic communication) to a city official, made directly or indirectly by any person in an effort to influence or persuade an official to favor or oppose, recommend or not recommend, vote for or against, or take or refrain from taking action on any municipal question. The term lobby or lobbying does not include a communication: (1) merely requesting information or inquiring about the facts or status of any municipal question, matter, or procedure, and not attempting to influence a city official; (2) made by a public official or employee acting in his or her official capacity; (3) made by a representative of a media organization if the purpose of the communication is gathering and disseminating news and information to the public; (4) made in a speech, article, publication, or other material that is distributed and made available to the public, or through radio, television, cable television, or any other medium of mass communication; (5) made at a meeting open to the public under the Open Meetings Act; (6) made in the form of a written comment filed in the course of a public proceeding or any other communication that is made on the record in a public proceeding; (7) made in writing as a petition for official action and required to be a public record pursuant to established city procedures; (8) made in writing to provide information in response to an oral or written request by a city official for specific information; (9) the content of which is compelled by law; (10) made in response to a public notice soliciting communications from the public and directed to the official specifically de signated in the notice to receive such communications; (11) made on behalf of an individual with regard to that individual's employment or benefits; (12) made by a fact witness or expert witness at an official proceeding; or (13) made by a person solely on behalf of that individual, his or her spouse, or his or her minor children. Page 8 of 8 (e) Municipal question means a public policy issue of a discretionary nature pending or impending before city council or any board or commission, including but not limited to proposed action, or proposals for action, in the form of ordinances, resolutions, motions, recommendations, reports, regulations, policies, nominations, appointments, sanctions, and bids, including the adoption of specifications, awards, grants, or contracts. The term municipal question does not include the day -to -day application, administration, or execution of city programs and policies. Subsection C. Registration. (a) A registration form shall be completed and filed by a person required to register prior to the commencement of lobbying activity for a client. (b) A separate registration form must be filed for each client. (c) The registration shall be on a form prescribed by the city secretary and shall include, to the extent applicable: (1) the full name, phone number, permanent address, and nature of the business of: (A) the registrant; (B) the client; (C)any lobbying firm for which the registrant is an agent or employee with respect to the client; and (D)each employee or agent of the registrant who has acted or whom the registrant expects to act as a lobbyist on behalf of the client; (2) a statement of all municipal questions on which the registrant will lobby for the client. (d) A registrant shall file an amended registration if the information contained in the current registration changes or is incorrect. (e) A registrant may file a termination of registration when no longer required to register. APPENDIX C Resolution 029320 Approved December 13, 2011 Resolution approving amendments to the City Investment Policy to incorporate legislative changes made in 2011 to the Public Funds Investment Act; and approving the investment policy as amended. WHEREAS, the City of Corpus Christi Investment Policy was adopted in Resolution No. 022390 on October 24, 1995; and was last approved in Resolution 0288.70 on December 7, 2010; and WHEREAS, the Investment. Policy provides for annual review by City Council; and WHEREAS, the Public Funds Investment Act requires annual review by the governing body of its Investment Policy, and adoption of a written instrument stating that it has reviewed the investment policy and investment strategies; WHEREAS, legislative changes were made to the Public Funds Investment Act in House Bill 2226; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Corpus Christi City Council has reviewed amendments to the City Investment Policy to incorporate legislative changes made in 2011 to the Public Funds Investment Act, and approves the Investment Policy as amended. A copy of the Investment Policy without appendices is attached. ATTEST: THE CITY OF CORPUS CHRISTI ' 1 / Armando Chapa Joe Adffi City Secretary Mayor APPROVED: November 1, 2011 Lisa Aguil Assistant ity Attorney for the City Attorney J :ILISA12011 ResolutionlInvestntent Policy.doc 029320 INDEXED Corpus Christi, Texas , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Glom, aa< cut 029320 APPENDIX D Corpus Christi Code of Ordinances Chapter 39 Personnel Article I In General Sec. 39 -16. Legal defense and indemnification of city officers and employees. (a) Definitions. For the purposes of this section the term "officer" shall include any elected or appointed official of the city; and the term "employee" shall include all employees of the city, whether under civil service or not, including firemen and policemen, and shall include authorized volunteers, working under a volunteer program approved by the city manager. (b) Indemnification. Any officer or employee who is liable for the payment of any claims or damages arising out of the course and scope of employment shall be entitled to indemnification by the city provided that the acts or omissions resulting in such liability were done in good faith and without malicious or felonious intent. For the purposes of this section, the term "arising out of the course and scope of employment" shall not include any action, which occurs during a period of time in which the officer or employee is engaged in outside employment or is rendering contractual services to someone other than the city. Whether the acts were done in good faith, without malicious or felonious intent, and within the course and scope of employment shall be determined by the city, and such determination shall be final for the purposes of the representation and indemnity of this section; provided, however, that in the event such representation and indemnity have been denied by the city, if upon a trial on the merits the city determines that the officer or employee was acting in good faith, without malicious or felonious intent and within the scope of employment the indemnification hereunder shall be granted and reasonable legal expenses incurred in the defense of the claim reimbursed. The city shall not be liable for any settlement of any such claim or suit effected without consent, and the city reserves the right to assert any defense and make any settlement of any claim or suit that it deems expedient. (c) Representation in actions. The city shall have the right and duty to provide legal representation through the city attorney, or in its discretion through the selection of outside legal counsel, to any officer or employee sued in connection with any claim for damages or other civil action against such person arising out of the course and scope of employment, provided that such officer or employee is entitled to indemnification as set forth in this section. Such legal representation shall be provided at no cost to the officer or employee, and any officer or employee may have his or her own counsel assist in the defense at the sole expense of the officer or employee. The officer or employee shall cooperate fully with the city in preparation and presentation of the case, and the failure to cooperate shall waive such officer's or employee's right to representation and indemnity under this section. 1 (d) City's defenses. Nothing in this section shall be construed as waiving the city's defense of governmental immunity to it or its employees or officers in any action brought against the city or such officer or employee. For any suit or claim arising under the Texas Tort Claims Act, the indemnity provided by this section shall be limited to the statutory limits applicable to the city provided in said Act, as amended. (e) Notice. The provisions of this section shall apply only where the city has been given notice of the action brought against any city officer or employee within ten (10) days of service of process upon the officer or employee. (f) Disciplinary actions. Nothing in this section shall prevent the city from taking disciplinary action against any officer or employee for conduct defended or indemnified by the city under this section, either before or after conclusion of the civil suit. Suits in behalf of the city. Nothing in this section shall require the city to indemnify any officer or employee for recoveries made against him or her in suits by or on behalf of the city. The city council may, however, authorize the city attorney to represent any officer or employee in a suit brought by a taxpayer in behalf of the city against the officer or employee. (g) 2 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 20, 2012 Action Item for the City Council Meeting of December 11, 2012 DATE: November 2, 2012 TO: Ronald L. Olson, City Manager THROUGH: Wes Pierson, Assistant City Manager (361) 826-3082 wesp@cctexas.com FROM: Emily Martinez (361) 882 -7448 emartinez@ccredc.com Temporary Tax Abatement for JHPK, LLC for the property located at 6200 Saratoga Boulevard CAPTION: Resolution authorizing the execution of an agreement with JHPK, LLC providing for temporary property tax abatement PURPOSE: Granting a tax abatement to JHPK, LLC for a term of up to eight years. BACKGROUND AND FINDINGS: JHPK, LLC submitted an application for incentives to the City of Corpus Christi requesting tax abatement for the building located at 6200 Saratoga Boulevard, Building 3. The development is located within the Texas Enterprise Zone, a council identified catalyst area. In accordance with the City's Tax Abatement Guidelines and Criteria, JHPK is seeking tax abatement as per section 2 (i)(3) of the Guidelines: The level of any New Facility, Expansion, or Modernization that is located within a Catalyst Area or that is a Locally -Owned Facility is increased by one level above the standards set forth in Section 2(i)(1) and (2) above, with a minimum level of 3 for any project. Further, if a Facility qualifies under both the capital investment qualification criteria and the new jobs and salary criteria, the Facility will be increased by one level above the highest criteria level achieved. Level 3 provides a maximum number of 8 years tax abatement, including up to 2 years during construction. The increment value of the City's ad- valorem tax will be abated based on the following schedule: • Years 1 -5 100% (not to exceed 2 years for construction) • Year 6 75% • Year 7 50% • Year 8 25% The building to be constructed will become a center for outpatient surgery. Improvements are estimated to be approximately $2.1 million of which $1.7 million is eligible for tax abatement. The property is currently appraised at $201,472. This project will create 12 permanent jobs. ALTERNATIVES: There are no other incentives available for a project of this size. It is below the investment limits for a County or College District abatement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This tax abatement is eligible for a Level 3 treatment. It is in a Texas Enterprise Zone and it is locally owned. EMERGENCY / NON - EMERGENCY: NON - EMERGENCY FINANCIAL IMPACT: ❑ Operating Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 53,347 53,347 BALANCE 53,347 53,347 Fund(s): General Comments: The amount of taxes for ten years for the unimproved property would be $11,495. With the tax abatement, the amount of property tax collected over the base amount of $11,495, will be $53,347 in new tax revenues. RECOMMENDATION: Staff recommends approval to grant tax abatement to JHPK, LLC, the owner of taxable property located at 6200 Saratoga Boulevard, Building 3 in accordance with the City's Tax Abatement Guidelines and Criteria. LIST OF SUPPORTING DOCUMENTS: Tax Abatement Agreement Page 1 of 2 Resolution Authorizing the execution of an agreement with JHPK, LLC providing for temporary property tax abatement Whereas, the Texas Property Redevelopment and Tax Abatement Act (the "Act "), Texas Tax Code, Chapter 312, as amended, authorizes the City of Corpus Christi, Texas (the "City ") to enter into tax abatement agreements for projects meeting the guidelines and criteria for granting tax abatement duly adopted by the City; and Whereas, an application for temporary tax abatement has been filed with the City by JHPK, LLC for the construction of a facility in the City; and Whereas, the property to be covered by the proposed tax abatement agreement is located in the city limits of the City within an area designated as a reinvestment zone eligible for property tax abatement under the provisions of the Act; and Whereas, the project is not located on property that is owned or leased by a person who is a member of the City Council of the City of Corpus Christi; Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council finds and determines that the terms of the proposed agreement with JHPK, LLC providing for temporary property tax abatement and the property subject to the proposed agreement meet the applicable guidelines and criteria, as amended, adopted by the City. The City Council further determines that the proposed project is feasible and the proposed temporary abatement of taxes will inure to the long term benefit of the City. SECTION 2. The Tax Abatement Agreement with JHPK, LLC, attached as Exhibit A, is approved, and the City Manager is authorized to execute the agreement. This resolution takes effect upon City Council approval on this the day of , 2012. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary 0008 2 Resolution - JHPK Nelda Martinez Mayor Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Jr. Priscilla G. Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott 0008 2 Resolution - JHPK Page 2of2 TAX ABATEMENT AGREEMENT This Tax Abatement Agreement ("Agreement' ") is made and entered into by and between the City of Corpus Christi, Texas ("City") and JHPK, LLC dba Saratoga Shores Surgical Center, a Texas limited liability company ("Owner), the owner of taxable property in the City of Corpus Christi, Texas, located on 6200 Saratoga Blvd, Building 3, Corpus Christi, Nueces County, Texas ( "Property "). I. AUTHORIZATION This Agreement is authorized by the Texas Property Redevelopment and Tax Abatement Act, Texas Tax Code, Chapter 312, as amended ( "Act "), and is subject to the laws of the State of Texas and the charter, ordinances, and orders of the City. 11. DEFINITIONS A. As used in this Agreement, the following terms have the following meanings: 1. "Abatement" means the temporary or partial exemption from ad valorem taxes of certain added value to real and personal property in a zone designated for economic development purposes under the Act 2. "Base Year Value" means the assessed value of the Improvements on the Property as certified by the Nueces County Appraisal District as of the January 1 preceding the execution of this Agreement, plus the agreed upon value of Improvements made after January 1, but before the execution of this Agreement. 3. "Construction Phase" means the period during which a material and substantial improvement of the Property occurs which represents a separate and distinct construction operation undertaken for the purpose of erecting the Improvements. (a) The Construction Phase ends upon the earliest to occur of the following events: (1) When a certificate of occupancy is issued for the project (if within City limits). (2) When commercial production of a product or provision of a servic achieved at the facility. (3) When the architect or engineer supervising construction issues a certificate of substantial completion, or some similar instrument. (4) Two (2) years after the date of this Agreement. (b) The determination of the end of the Construction Phase is made by the City, in its sole and absolute discretion, based upon the above criteria and the other factors as the City may deem relevant. Page 1 of 13 Tax Abatement Agreement JHPK LLC 09 14 2012 (c) The determination of the end of the Construction Phase by the City is conclusive, and any judicial review of the determination is governed by the substantial evidence rule. 4. "Eligible Property" means the buildings, structures, site improvements, and that office space and certain personal property necessary to the operation and administration of the Facility to be constructed under this Agreement. A list of the Eligible Property is set forth in the Project Description, which is attached to this Agreement as Exhibit A and made a part of this Agreement. During the Construction Phase of the Eligible Property, the Owner may make the change orders to the Eligible Property as are reasonably necessary to accomplish its intended use, provided that no change order may be made which will change the qualification of the project as a "Facility" under the Guidelines and Criteria for Granting Tax Abatement approved by the City. 5. "Facility" means a Basic Manufacturing or Service Facility, Regional Distribution Center Facility, Regional Telecommunications/Data Processing Center Facility, Regional Visitor Amusement Facility, Central Business District (CBD) Residential Facility, Renewal Community Facility, or Petrochemical Facility approved by the City as set forth in the Guidelines and Criteria for Granting Tax Abatement adopted by the City. 6. "Improvements" means the buildings, portions of buildings, and other improvements, including fixed machinery and equipment, used for commercial or industrial purposes on the Property. 7. "Ineligible Property" means land; inventories; supplies; tools; furnishings and other forms of movable personal property; vehicles; vessels; aircraft; housing; hotel accommodations; deferred maintenance investments; property to be rented or leased, except as provided in Section 2(e); any improvements, including those to produce, store or distribute natural gas, fluids or gases, which are not integral to the operation of the Facility; improvements to real property which have an economic life of less than 15 years; property owned or used by the State of Texas or its political subdivisions or by any organization owned, operated, or directed by a political subdivision of the State of Texas; unless any of the above types of property are specifically authorized by the City. 8. The Guidelines and Criteria for Granting Tax Abatement adopted by the City are incorporated as a part of this Agreement. Except as the guidelines and criteria are specifically modified by this Agreement, all definitions in the guidelines and criteria are applicable to this Agreement. 111. PROPERTY A. The Property is an area within the City of Corpus Christi, Texas, located in whole or in part within the jurisdiction of the City, and is more fully described in Exhibit B, which is attached to this Agreement and made a part of this Agreement. The Property is located within a zone for tax abatement established under Chapter 312 of the Texas Tax Code, as amended, by the City of Corpus Christi, Texas. B. The Nueces County Appraisal District has established the following values for the Property as of the January 1 valuation date prior to the date of execution of this Agreement. Page 2 of Tax Abatement Agreement JHPK LLC 09 14 2012 3 Account No. 7730-0000-0030 (200110762) Land $201,472 C. The City and the Owner agree that the value of any additions to the Improvements made after January 1 or not otherwise reflected on the above valuation of Improvements is Additional Improvements: $0 D. Addition of the above amount to the valuation of the Improvements as of the January 1 valuation date prior to the date of execution of this Agreement results in a Base Year Value as follows: Base Year Value: $201,472 IV. TERM OF ABATEMENT AND AGREEMENT A. The City agrees to abate the ad valorem taxes on the Eligible Property under this Article and Articles V and VI of this Agreement. The Abatement is effective with the January 1 valuation date immediately following the date of execution of this Agreement. The Abatement continues for up to two (2) years during the period of the Construction Phase and for the next six (6) full tax years after the Construction Phase, expiring as of December 31 of the 2020 tax year If the period of the Construction Phase exceeds two (2) years, the Facility is considered completed for purposes of Abatement, and in no case may the period of Abatement, inclusive of construction and completion exceed eight (8) tax years. The years of Abatement provided in this Agreement in each instance coincide with the tax year commencing on January 1 and expiring on December 31, and in no event may the Abatement extend beyond December 31 of the 2020 tax year This Abatement also covers as Eligible Property those supplemental improvements to the Eligible Property that are added or constructed during the post-construction two (2) year period of Abatement. In no event, however, may the total Abatement period for the Eligible Property exceed the maximum six (6) year Abatement period for the entire project as specified in this Agreement. B. The term of this Agreement continues for a period of five (5) years following expiration of the abatement period. All terms and conditions imposed upon the Owner continue in effect during the period, and the Owner is obligated specifically to continue the minimum employment levels specified in this Agreement. Any default is subject to the provisions of Article VIII of this Agreement. V. TAXABILITY During the period that the Abatement is effective, taxes are payable as follows: 1. The value of the and comprising the Property is fully taxable. 2. The Base Year Value of existing Improvements comprising the Property is fully taxable. 3. The value of Ineligible Property is fully taxable. Page 3 of 1 Tax Abatement Agreement JHPK LLC 09 14 2012 VI. AMOUNT OF ABATEMENT A. The Abatement provided by this Agreement is based upon a small business located in a catalyst area, Texas Enterprise Zone, Owner represents and warrants that this project will add twelve (12) additional permanent or full-time operating or contract employee and will maintain the same level of employment for the term of the abatement agreement, the percentage of tax abated is under the following schedule: Percentage of Abatement Construction Period (not to exceed 2 years) Year I Year 2 100% 100% 100% Year 3 Year 4 Year 5 100% 75% 50% Year 6 25% B. In order to be counted as a permanent job under this Agreement, the job must be a full-time position providing regular work schedules at least 35 hours per week. For compliance purposes, the determination date is January 1 of each year commencing with the January 1 following the date of completion of construction. The percentage of abatement provided each year under this Agreement is based upon the employment information as of January 1 of the year. As a result, the actual amount of abatement may vary from year to year based upon employment levels and property valuations. C. At the time of execution of this Agreement, the Owner states to the City that the minimum investment comprising permanent Improvements upon completion of the Construction Phase is: $2,100,000 ("Minimum Investment"), of which $1,700,000 is eligible for tax abatement. D. The formula for calculating the additional tax is outlined as follows: (Tax Rate] x [(85% of Minimum Investment - Actual Minimum Investment ) x (100% - Abatement %)] = Additional Tax. VII. CONTEMPLATED IMPROVEMENTS A. The contemplated improvements are set forth in the Project Description attached as Exhibit "A." During the Construction Phase, the Owner may make the change orders to the project that are reasonably necessary, provided that no change order may be made that will change the qualification of the project as a "Facility" under the Guidelines and Criteria for Granting Tax Page 4 of 13 Tax Abatement Agreement JHPK LLC 09 142012 Abatement approved by the City. All improvements must be completed under all applicable laws, ordinances, rules or regulations. During the term of this Agreement, use of the Property is limited to operation of the Facility described in the Project Description consistent with the general purpose of encouraging development or redevelopment of the zone during the period of this Agreement. B. Owner represents and warrants that this project will add twelve (12) permanent or full-time operating or contract employee and will maintain the same level of employment for the term of the abatement agreement. Also, Owner represents and warrants the project is not expected to solely or primarily have the effect of transferring employment from one part of Nueces County to another. VI II. EVENTS OF DEFAULT AND RECAPTURE A. Failure to Commence Operation During Term of Agreement. In the event that the Facility is not completed and does not begin operation with the minimum number of six (6) permanent jobs by the January 1 following the completion of construction, no abatement is given for that tax year, and the full amount of taxes assessed against the property is due and payable for that tax year. In the event that the Owner fails to begin operation with the minimum number of twelve (12) permanent jobs by the next January 1, then this Abatement Agreement terminates and all abated taxes during the period of construction are recaptured and must be paid within 60 days of the termination. B. Discontinuance of Operations During Term of Abatement. In the event the Facility is completed and begins operation with the required minimum number of permanent jobs, but subsequently discontinues operations or the minimum number of permanent jobs is not maintained on any January 1 during the term of the Agreement after the completion of construction, for any reason except on a temporary basis due to fire, explosion, or other casualty, accident, or natural disaster, the Agreement may be terminated by the City, and all taxes previously abated by virtue of this Agreement are recaptured and must paid within 60 days of the termination. C. Delinquent Taxes. In the event that the Owner allows its ad valorem taxes to become delinquent or fails to timely and properly follow the legal procedures for their protest or contest, this Agreement terminates and the abatement of the taxes for the calendar year of the delinquency also terminates. The total taxes assessed without abatement for that calendar year must be paid within sixty (60) days from the date of termination. Penalty and interest do not begin to accrue on the additional amount of taxes due as the result of recapture under this provision until the first day of the month following the sixty (60) day notice, at which time penalty and interest accrues under the laws of the State of Texas. Penalty and interest on the amount of taxes originally levied based upon the Abatement begin to accrue as of the date the taxes were due under the laws of the State of Texas. D. Notice of Default. Should the City determine that the Owner is in default under the terms and conditions of this Agreement, City must notify the Owner that if the default is not cured within sixty (60) days from the date of the notice ("Cure Period"), then this Agreement may be terminated. In the event the Owner fails to cure the default during the Cure Period, this Agreement may be terminated and the taxes abated by virtue of the Agreement will be recaptured and must be paid as provided in this Agreement. Page 5 of 13 Tax Abatement Agreement dliPK LLC 09 14 2012 E. Actual Investment. Should the Company not reach the investment as stated in Section 6. C., the difference between the tax abated on the minimum investment and the tax that should have been abated based upon the actual investment as determined by the City, and must paid within 60 days of notification to the Owner of the determination. Penalties and interest do not begin to accrue upon the sum until the first day of the month following the sixty (60) day notice, at which time penalties and interest accrue under the laws of the State of Texas. F. Reduction in Rollback Tax Rate. 1. If during any year of the period of Abatement any portion of the abated value is added to the current total value of the City, but is not treated as new property value" (as defined in Section 26.012 (17) of the Texas Tax Code) for the purpose of establishing the "effective maintenance rate" in calculating the "rollback tax rate" under Section 26.04 (c) (2) of the Texas Tax Code and if the City's budget calculations indicate that a tax rate in excess of the "rollback tax rate" is required to fund the operations of the City for the succeeding year, then the City recaptures from the Owner a tax in an amount equal to the lesser of the following: (a) The amount of the taxes abated for that year by the City with respect to the Property. (b) The amount obtained by subtracting the rollback tax rate computed without the abated property value being treated as new property value from the rollback tax rate computed with the abated property value being treated as new property value and multiplying the difference by the total assessed value of the City. 2. if the City has granted an abatement of taxes to more than one taxpayer, then the amount of the recapture calculated under subparagraph (b) above is prorated on the basis of the value of the abatement with respect to each taxpayer. 3. This event does not constitute a "default" under this Agreement, and the sixty (60) day Cure Period provided above does not apply. The recaptured taxes must be paid within thirty (30) days after notice of the rollback in tax rate has been given to the Owner. Penalty and interest do not begin to accrue upon the sum until the first day of the month following the thirty (30) day notice, at which time penalty and interest accrue under the laws of the State of Texas. G. Continuation of Tax Lien. 1. The amount of tax abated each year under the terms of this Agreement is secured by a first and prior tax lien, which continues in existence from year to year until the time as this Agreement between the City and Owner is fully performed by Owner, or until all taxes, whether assessed or recaptured, are paid in full. H. City Council Reserves Right to Terminate of Modify Agreement. In the event of any default by Owner, the City Council reserves the right to terminate or modify this Agreement. 1. Owner's right to appeal. 1. Owner must be afforded written notice of the default and the opportunity to cure as provided above. Page 6 of 13 Tax Abatement Agreement JHPK LLC 09 14 2012 2. If Owner believes the action was improper, Owner may file an appeal in Nueces County district court within sixty (60) days after written notice of the action by the City. 3. Owner shall remit to the City, within the 60-day period, any additional or recaptured taxes levied under the payment provisions of Texas Tax Code § 42.08. 4. If the final determination of the appeal increases Owner's tax liability above the amount paid, Owner shall remit the additional tax under Tax Code § 42.42. 5. If the final determination of the appeal decreases Owner's tax liability, the City will refund the Owner the difference between the amount of tax paid and the amount of tax for which Owner is liable under Tax Code § 42.43. IX. ADMINISTRATION A. Inspections. The Owner shall allow employees and/or representatives of the City to have access to the Property during the term of this Agreement to inspect the Facility to determine compliance with the terms and conditions of this Agreement. All inspections will be made only after the giving of twenty-four (24) hours prior notice, and conducted in the manner as to not unreasonably interfere with the construction or operation of the Facility. All inspections must be made with one or more representatives of the Owner and under Owner's safety standards. B. Appraisals. 1. The Chief Appraiser of the Nueces County Appraisal District annually determines: (a) The taxable value of the real and personal property comprising the Property taking into consideration the Abatement provided by this Agreement. (b) The full taxable value without Abatement of the real and personal property comprising the Property. 2. The Chief Appraiser records both the abated taxable value and the full taxable value in the appraisal records. 3. Each year the Owner shall furnish the Chief Appraiser with the information outlined in Chapter 22, Texas Tax Code, as amended, as may be necessary for the administration of the Agreement specified in this Agreement. C. Annual Reports. 1. Owner shall certify to the governing body of the City on or before April 1 each year that the Owner is in compliance with each applicable term of this Agreement. 2. Additionally, during the initial four years of the term of property tax abatement, Owner shall provide to the City an annual report covering those items listed on Schedule I attached to this Agreement in order to document the efforts of the Owner to acquire goods and services on a local basis. 3. The annual report is prepared on a calendar year basis and is submitted to the City no later than ninety (90) days following the end of each the calendar year. Page 7 of 13 Tax Abatement Agreement JHPK LLC 09 14 2012 4. Submit to the Nueces County Appraisal District an Application for Property Tax Abatement Exemption (Texas Comptroller of Public Accounts Property Tax Form 50- 116). A copy must be forwarded to the City. D. Utilization of Local Contractors and Suppliers. Owner agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. Owner agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Owner to comply with the Local Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Owner is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. E. Utilization of Disadvantaged Business Enterprises ( "DBE). Owner agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and historically - underutilized business enterprises. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. Owner agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. Owner agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Owner to comply with the DBE Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Owner is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. For the purposes of this section, the term "local" as used to describe contractors and suppliers that are determined to be disadvantaged 'business enterprises, including minority business enterprises women -owned business enterprises and historically- underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. F. Living Wage Requirement. In order to count as a permanent full -time job under this tax abatement program, the job should provide a "living wage" for the employee. The target living wage under this abatement program is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. G. Health insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement. H. Undocumented Workers. JHPK does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, JHPK is convicted of a violation under §U.S.C. Section 1324a(f), JHPK shall repay the payments at the rate and Page 8 of 13 Tax Abatement Agreement JHPK LLC 09 14 2012 according to the terms as specified by City Ordinance, as amended, not ater than the 120th day after the date JHPK has been notified of the violation. X. ASSIGNMENT A. The Owner may assign this Agreement to any one or more corporation(s), 50% or more of the outstanding voting securities of which are owned, directly or indirectly, by one of the Owners, or any partnership(s) or limited partnership(s) in which an Owner, or a subsidiary of an Owner, is a general partner. B. The Owner may assign this Agreement to any other new owner or lessee of the Facility with the prior written consent of the City, which consent may not be unreasonably withheld. C. Any assignment must provide that the assignee shall irrevocably and unconditionally assume all the duties and obligations of the assignor and become the Owner upon the same terms and conditions as set out in this Agreement. D. In the event more than one entity is Owner under this Agreement, the obligations of the entities are joint and several. E. Any assignment of this Agreement is to an entity that must provide substantially the same improvements to the Property, except to the extent the improvements have been completed. F. No assignment is approved if the Owner or any assignee is indebted to the City for ad valorem taxes or other obligations. XI. NOTICES A. Any notice required to be given under the provisions of this Agreement must be in writing and is duly served when deposited, with the proper postage prepaid, and registered or certified, return receipt requested, with the United States Postal Service, addressed to the City or Owner at the addresses listed below. B. If mailed, any notice or communication is deemed to be received three days after the date of deposit in the United States Mail. Unless otherwise provided in this Agreement, all notices are delivered to the following addresses: To the City: To the Owner: CITY OF CORPUS CHRISTI 1201 Leopard Street P. 0. Box 9277 Corpus Christi, Texas 78469 Attn: City Manager JHPK, LLC 6200 Saratoga Blvd, Building 3 Corpus Christi, Texas 78414 C. Either party may designate a different address by giving the other party ten days written notice. Page 9 of 3 Tax Abatement Agreement JHPK LLC 09 14 2012 This Agreement has been executed by the parties in multiple originals or counterparts, each having full force and effect. Executed this day of , 2012. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: By: Armando Chapa Ronald L. Olson City Secretary City Manager OWNER: By C Paul A. Kennedy, Jr Owner JHPK, LLC JHPK, LLC STATE OF TEXAS COUNTY OF NUECES ACKNOWLEDGMENT This instrument was acknowledged before me on Paul A. Kennedy, Jr., Owner, JHPK, LLC, a Texas domestic for profit limited IiabiIty company, on behalf of the company. KNOW ALL BY THESE PRESENTS 2012, by Page 10 of 13 Tax Abatement Agreement Saratoga Shores Surgical 09 14 2012 SCHEDULE 1 "Buy Local" Annual Reports The following information is reported to the City on a calendar-year basis during the first four years of the tax abatement program: 1. Dollar amount spent for materials* (local). 2. Dollar amount spent for materials (total). 3. Dollar amount spent for labor** (local). 4. Dollar amount spent for labor** (total). 5. Number of jobs created in the construction project (local). 6. Number of jobs created in the construction project (total). 7. Number of jobs created on a permanent basis (local). 8. Number of jobs created on a permanent basis (total). * "Materials" are defined to include all materials used in excavation, site improvement, demolition, concrete, structural steel, fire proofing, piping, electrical, instruments, paintings and scaffolding, insulation, temporary construction facilities, supplies, equipment rental in construction, small tools and consumables. This term does not include major items of machinery and equipment not readily-available locally. ** "Labor" is defined to include all labor in connection with the excavation, site improvement, demolition, concrete construction, structural steel, fire proofing, equipment placement, piping, electrical, instruments, painting and scaffolding, insulation, construction services, craft benefits, payroll burdens, and related labor expenses. This term does not include engineering services in connection with the project design. The term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. Page 11 of 13 Tax Abatement Agreement JHPK LLC 09 14 2012 Exhibit A Project Plan This new facility will be an outpatient ambulatory surgical center serving both pediatric and adult dental and medical patients. The facility will serve the entire South Texas area from Victoria to near San Antonio, Freer, Hebbronville, Kingsville, and Corpus Christi. Page 12 of Tax Abatement Agreement JHPK LLC 09 14 2012 3 EXHIBIT B Property Description Unit No. 3 of Saratoga Shores Condominiums, a condominium project being established in Corpus Christi, Nueces County, Texas, OUT OF Lot 5, Bk 7, BENT TREE UNIT 2, an addition of the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof recorded at Volume 57, Pages 99-100, Map Records of Nueces County, Texas. Page 13 of 13 Tax Abatement Agreement JHPK LLC 09 14 2012 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 20, 2012 Action Item for the City Council Meeting of December 11, 2012 DATE: TO: October 24, 2012 Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826 -3729 Michael Morris, Director of Parks and Recreation MichaelMo@cctexas.com (361) 826-3464 Ratification of Amendment No. 2 Contract for Professional Services: Hike & Bike Trails — City Wide (Bond 2008) CAPTION: Motion authorizing the City Manager, or designee, to ratify Amendment No. 2 to the Contract for Professional Services with JEC Architects, Inc. of Corpus Christi, Texas, in the amount of $7,800.00, for a total restated amount not to exceed $52,175.00 for the Hike & Bike Trails — City Wide (Bond 2008). PURPOSE: The purpose of this Agenda Item will authorize additional design time to the consultant contract to assist the City with research and documentation related to easement acquisition for the trailhead of the Hike & Bike Trails City Wide project. In addition, redesign of some trail segments was warranted to address conflicts with a stormwater improvement project for Schanen Drainage Ditch. BACKGROUND AND FINDINGS: The additional consultant hours are were required for additional research and documentation for the proposed easement across Lot 1 of Sun Valley Estates and a revised Scope of Design Services for the first leg of the trail from Yorktown to Cedar Pass. JEC Architects was requested to meet with and coordinate documentation with Capnor, USA surveyors to verify property boundaries, utility easements and possible ownership of Lot 1, Sun Valley Estates. In addition, the Scope of Design Services addresses the conflict of the Trail design and location with a previously designed stormwater project to improve Schanen Drainage Ditch. The recently constructed "back swale" with post inlet drains and irrigation lines requires replacement and /or removal and the sidewalk requires design as a heavy concrete section maintenance road to handle heavy mowing equipment and vehicles for maintenance of the ditch and right -of -way. ALTERNATIVES: 1. Award the contract to JEC Architects, Inc. as proposed. 2. Do not award the contract to JEC Architects, Inc. as proposed. (Not Recommended) OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Conforms to statues regarding FY 2012 -2013 Parks and Recreation Capital Improvement Planning (CIP) Budget EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $79,800 $420,200.00 $500,000.00 Encumbered / Expended Amount $79,800 $79,800.00 This item $7,800.00 $7,800.00 Future Anticipated Expenditures $409, 715.00 $409,715.00 BALANCE $0.00 $2,685.00 $2,685.00 Fund(s): Parks and Recreation CIP #6 — Bond 2008 Park CIP G.O. Funds RECOMMENDATION: City staff recommends ratification of Amendment No. 2 to the Contract for Professional Services with JEC Architects, Inc. of Corpus Christi, Texas, in the amount of $7,800.00, for a total restated amount not to exceed $52,175.00 for the Hike & Bike Trails — City Wide (Bond 2008). LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PROJECT BUDGET ESTIMATE HIKE & BIKE TRAILS - CITY WIDE (BOND 2008) (Project No. 3381) Future Item for the City Council Meeting of November 13, 2012 Action Item for the City Council Meeting of November 20, 2012 FUNDS AVAILABLE: Parks & Recreation CIP $500,000.00 FUNDS REQUIRED: Construction (preliminary estimate) 350,000.00 Contingency (9 %) 31,500.00 Land Acquisition 18,200.00 Consultant Fees: Consultant (JEC Architects, Inc.) 52,175.00 Surveying (Capnor USA, Inc.) 4,740.00 Testing (Rock Engineering) 2,200.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 7,875.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 12,250.00 Construction Observation 12,250.00 Finance 4,375.00 Misc. (Printing, Advertising, etc.) 1,750.00 TOTAL $497,315.00 ESTIMATED PROJECT BUDGET BALANCE $2,685.00 File : \ Mproject \councilexhibits \exh3381 b.dwg PROJECT LOCATION PROJECT #3381 LOCATION MAP NOT TO SCALE HIKE AND BIKE TRAILS - (BOND 2008) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 ■ ■ ■ RATIFICATION OF AMENDMENT NO. 2 TO CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "CITY", and JEC Architects, Inc., hereinafter called "CONSULTANT," agree to the following amendment to the Contract for Professional Services for Hike and Bike Trails-City Wide (Bond 2008) (Project No 3381), as authorized and amended by Original A/E Agreement July 11, 2011 Administrative Approval $39,800.00 Amendment No. 1 November 16, 2011 Administrative Approval $4,575.00 Exhibit "A". SECTION 2. SCOPE OF WORK shall be amended as specified in the attached Amendment No. 2 Exhibit "A". EXHIBIT "A", SECTION 3. FEES shall be amended as specified in the attached Amendment No. 2 Exhibit "A" Summary of Fees, for a revised fee not to exceed $7,800.00 (Seven Thousand Eight Hundred Dollars and Zero Cents), for a total restated fee not to exceed $52,175.00.00 (Fifty Two Thousand One Hundred Seventy Five Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Exhibit "B". All other terms and conditions of the July 11, 2011 original contract and the November 16, 2011 Amendment between the City and Consultant will remain in full force and effect. CITY OF CORPUS CHRISTI Oscar R. Martinez, Assistant City Manager RECOMMENDED Daniel Biles, P.E., Director of.Engineering Services Oper ting Departime APPROVED AS TO FORM (Date) (Date) 10/02,2,4g (Date) Office of Management and Budget Legal Department (Date) (Date) JEC ARCHITECTS, INC. KIENGINEERING DATAEXCHANGEUENNIFERWARKS & 8E013381 HIKE & BIKE TRAILS-CSTY mes Coffin, A resident 3649 Leopard Street, Suite 407 Corpus Christi, TX 78408 (361) 904-0804 Office (361) 904-0925 Fax AMEND. NO. 2 Pa e 1 of 2 DE (BOND 200BBPROFESSIONAL SERVIGES1AMENDMENT NO. 2I,CONTRACT DOCX ATTEST Armando Chapa, City Secretary Project Number: 3381 Fund Source: 550950-3292-00000-130291 (Parks & Rec CIP) Encumbrance Number: MENGINEERING DATAEXCHANGENJENNIFERIP KS & REC HIKE & 8IKE T ENTERED OCT 12 2012 MAL, 1 AMEND. NO. 2 Pa e 2 of 2 WIDE (BOND 2008)SPROFESSIONAL SERVICESIAMENDMENT NO 2CONTRACTDOCX )EC ARCH I I ECT5 August 24, 2012 Mr. Dan Biles, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 RE: Hike & Bike Trail — City Wide Project No. 3381- Amendment #2 Dear Mr. Biles: JEC Architects respectfully requests an Amendment No. 2 to our "Contract for Professional Services" for an increase in fees in the amount of $7.800.00. This request is due to additional man-hours expended in assisting the City with research and documentation of a Proposed Easement across Lotl, of Sun Valley Estates and a revised Scop e of Design Services for this first leg of the Trail from Yorktown to Cedar Pass. As you may recall, the requested Trailhead location begins at Yorktown Blvd. and Sun Valley Drive and then proceeds in an Easterly direction to Cedar Pass. However, the City did not own or have an easement across Lot 1, of Sun Valley Estates to construct a concrete trail. Following our meeting with Engineering Services and Parks & Recreation Department on September 23, 2011, JEC, Inc. was requested by Engineering to meet with and coordinate documentation with Capnor, USA surveyors to verify property boundaries, utility easements and possible ownership of Lot 1, Sun Valley Estates. JEC, Inc. provided documentation of a preliminary Exhibit to assist Capnor, USA in describing the required easement directions and dimensions for the proper access across Lot 1 for the beginning of the Hike & Bike Trail. In addition to this Easement coordination issue, the Scope of Design Services by JEC, Inc. has been revised following several meetings with Engineering concerning the conflict of the Trail design and location with a previously designed Storrnwater project to improve Schanen Drainage Ditch. Following meetings with Engineering Services. Parks Department and coordination P.O. Box 260161 - Corpus Christi, TX 78426-0161 - 564.9 Leopard St., Suite 407 - C1rpu5 Christi, Tx 78409 (561) 904-0B 0.4 . F4x 05'41) 904-0925- (no licinCAJECa rdlitucts.com AMEND. NO. 2 EXHIBIT "A" Pa• e 1 of 3 Mr. Dan Biles, P.E. August 24, 2012 Page 2 of 2 meetings with Freese and Nichols Engineers, it was determined that the recently constructed "back swale" with post inlet drains and irrigation lines will need to be replaced and /or removed in a revised Scope of Services for JEC, Inc. Furthermore, the Hike & Bike Trail sidewalk will now be required to be designed as a heavy concrete section maintenance road to handle heavy tractor mowing equipment and truck vehicles to maintain the ditch and right of way. JEC Architects has included within, a revised Amended Exhibit "D" for your review and approval to document this work. The revised Amended Fees will now total $52, 175.00. This Exhibit does not reflect any invoices toward this project for clarity of total Fee Structure. Should you have questions concerning this request and additional Scope, please call to discuss. Sincerely. JEC ARCHITECTS, INC. Jim Coffin. A President JC/Ic Attachment: Exhibit "D" CC: Ms. Joelle Francois, P.E. P.O. Box 260161 - Corpus Christi, TX 78426-0161 - 5649 1.,,copard St, 5uitu• 407 - Copw; ChiT54d, TX 7A408 (4M) 904-0804 - Fax (561) 904-0925- froifin6NECI ralitects.corn AMEND. NO. 2 EXHIBIT "A" Page 2 of 3 HIKE AND BIKE TRAILS - CITY WIDE (BOND 2008) PROJECT NO. 3381 SUMMARY OF FEES I07/11/11 I 11/16/11 Admin Approval l Admin Approval M2012- AMEND. NO. 2 EXHIBIT "A" Par 3 of 3 ORIGINAL CONTRACT AMEND. NO.1 AMEND. NO.2 TOTAL BASIC SERVICES $12,400.00 1 Preliminary Phase $9,800.00 $0.00 $2,600.00 2 Design Phase 18,600.00 0.00 5,200.00 23,800.00 3 Bid Phase 1,800.00 0.00 0.00 1,800.00 4 Construction Phase 3,000.00 0.00 0.00 3,000.00 Subtotal Basic Services 33,200.00 0.00 7,800.00 41,000.00 ADDITIONAL SERVICES 1 Permit Preparation 1,850.00 0.00 0.00 1,850.00 2 Topographic Survey 3,750.00 4,575.00 0.00 8,325.00 3 Construction Observation Services 0.00 0.00 0.00 0.00 4 Start-Up Services 0.00 0.00 0.00 0.00 1,000.00 5 Warranty Phase 1,000.00 0.00 0.00 Subtotal Additional Services 6,600.00 4,575.00 0.00 11,175.00 TOTAL FEE $39,800.00 $4,575.00 $7,800.00 $52,175.00 I07/11/11 I 11/16/11 Admin Approval l Admin Approval M2012- AMEND. NO. 2 EXHIBIT "A" Par 3 of 3 W 2 z XX (~jxM ,e z z a • d ILI � o ■ 0 c a. 0 V Invoice Date: O a d 0 N O z E 0 z E 0 CO 0 c) Basic Services: 100% 1°/0.19 0 \ O 0 \ 0 0 \ 0 0 \ N 0 %I 0 \ 0 0 \ 0 0 \ 0 0 \ 0 0 \ 0 \ 0 0 \ , 0 \ N 0 0 0 ❑ ❑ ❑ 0 I $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 0 III CO I— o3 H c0 I— o N 0 0 0 ❑ 0 0 0 in m CO I— CO I— o u) ER 0 0 0 ❑ ❑ ❑ 0 o H m m N-. 0 co 0 ID 0 a Cl CO 0 CO G CO a to 10` 6$ 0~ M $8,2 $2,0 1,1 1,6 $4,7 OS 4,7 0 0 0 ❑ 0 0 N O m m N 0 0 0 ❑ ❑ ❑ o o oo m m H o 0o O0 0 ❑ ❑ ❑ O 010 N u, N I-I-I- 0 Construction Phase Subtotal Basic Services Subtotal Additional Services co tl) 4) S u_ u, 0 .0 a) co co E U COm Additional Services Fees Total of Fees AMEND. NO. 2 EXHIBIT "B" Page 1 of 1 S ION City o CITY OF CORPUS CHRISTI City i DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: MC Architects, Inc. P. O. BOX: STREET ADDRESS: 3649 Leopard Street., Suite 407 CITY: Corpus Christi ZIP: 78408 FIRM 1S: 1. Corporation 2. Farmership 4. Association ] S. Other 3. Sole Owner DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this pa or attach separate sheet. I. State t ast" constituting or 'employee" the ownership in the above Christi "firm: : "ownership Name kb Title and City Department (if known) NIA 2. cconnsstiwuting names or each "official" of the ownership n the above named Christi f "firm." "ownership interest" Name Title N/A 3. nom" �stiiittuting 3° or�more member" the ownership City the Bove "firm." having an "ownership Name Board, Commission or Committee N/A - 4. State the names of each employee or officer of a "consultant" for the City of Comas Christi who worked on any matter related to the subject of this contract and ltas an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A FILING REQUIREMENTS Ha person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is amit. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Pelson: Jim Coffin (Type sr Print) SSigrnaat re of Certifying Title: President Date: //?/20/2, DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effnct on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part -time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self- employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non -profit organizations. e. "Official." - The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant " Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. AGENDA MEMORANDUM Future Item for the City Council Meeting of November 20, 2012 Action Item for the City Council Meeting of December 11, 2012 DATE: TO: Ronald L. Olson, City Manager November 7, 2012 FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826 -3729 Foster Crowell, Director of Wastewater Services FosterC @cctexas.com (361) 826 -1801 Approval of Contract for Professional Services: Broadway Wastewater Treatment Plant Decommissioning CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $590,887.00 for the Broadway Wastewater Treatment Plant Decommissioning. PURPOSE: The purpose of this Agenda Item is to execute the contract for the Broadway Wastewater Treatment Plant Decommissioning so that design work can proceed. BACKGROUND AND FINDINGS: The Broadway Wastewater Treatment Plant is being replaced by a new plant adjacent to the former plant. Construction of the new plant is scheduled to be completed by the second quarter of 2013. The existing plant must be decommissioned in accordance with the Texas Commission on Environmental Quality (TCEQ) requirements prior to it being converted to other uses. TCEQ requires an official Closure Plan for decommissioned wastewater treatment plants. Closure Plan requirements include sampling and analysis. In addition, TCEQ requires an official Closure Report. This contract includes preparation of a closure plan, environmental sampling, analysis of potential uses for the site, and a contract for odor mitigation when the plant is closed. This contract will also include coordination of redevelopment plan, subsurface utility investigation, and public outreach activities. Freese and Nichols, Inc. of Corpus Christi, Texas was selected through RFP No. 2006 -01 for the subject project. ALTERNATIVES: 1. Award the contract to Freese and Nichols, Inc. as proposed. 2. Do not award the contract to Freese and Nichols, Inc. as proposed. (Not Recommended) OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Conforms to statues regarding FY 2012 -2013 Wastewater Capital Improvement Planning (CIP) Budget EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Wastewater FINANCIAL IMPACT: ❑ Operating ❑ Revenue Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,000,000.00 $6,000,000.00 $7,000,000.00 Encumbered / Expended Amount This item $590,887.00 $590,887.00 Future Anticipated Expenditures $5,784,997.00 $5,784,997.00 BALANCE $409,113.00 $215,003.00 $624,116.00 Fund(s): Wastewater CIP #30 — Wastewater Revenue Bond RECOMMENDATION: City staff recommends the Contract for Professional Services be awarded to Freese and Nichols, Inc. of Corpus Christi, Texas, in the amount of $590,887.00 for the Broadway Wastewater Treatment Plant Decommissioning. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PROJECT BUDGET ESTIMATE BROADWAY WASTEWATER TREATMENT PLANT DECOMMISSIONING Project No. E12159 Future Item for the City Council Meeting of November 20, 2012 Action Item for the City Council Meeting of December 11, 2012 FUNDS AVAILABLE: Wastewater CIP $7,000,000.00 FUNDS REQUIRED: Construction (preliminary estimate) 5,200,000.00 Contingency (10 %) 520,000.00 Consultant Fees: Consultant (Freese & Nichols, Inc.) 590,887.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 13,295.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 20,681.00 Construction Observation 20,681.00 Finance 7,386.00 Misc. (Printing, Advertising, etc.) 2,954.00 TOTAL $6,375,884.00 ESTIMATED PROJECT BUDGET BALANCE $624,116.00 File : \Mproject \councilexhibits \exhE12159.dwg CORPUS CHRISTI BA y LOCATION MAP NOT TO SCALE CORPUS C3-fRIS'I q.�y PROJECT # E12159 X "w SITE LOCATION NOT TO SCALE BROADWAY WASTEWATER TREATMENT PLANT DECOMMISSIONING CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and Freese and Nichols, Inc., a Texas corporation, 800 North Shoreline, Suite 1600N, Corpus Christi, Nueces County, Texas 78401, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT Broadway Wastewater Treatment Plant Decommissioning (Project No. El 2159) The Broadway Wastewater Treatment Plant is being replaced by a new plant adjacent to the old one. The site of the old plant must be closed in accordance with TCEQ requirements prior to it being converted to other uses. This contract includes preparation of a closure plan, environmental sampling, analysis of potential uses for the site, and a contract to prevent odors when the old pant is closed. 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, NE 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 NE (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 Additional Services until requested in writing by the NE 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 NE to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase Contract for Engineering (A/E) Services Page 1 of 3 KIENGINEERING DATAEXCHANGEUENN IFERIWASTEWATER1E12159 BROADWAY WWTP DECOMISSIONINGICONTRACT.DOC of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE NE agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the NE a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to exceed $590,887.00 (Five Hundred Ninety Thousand Eight Hundred Eighty -Seven 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 A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 40% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 60% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The NE will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the 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 NE without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Contract for Engineering (A/E) Services Page 2 of 3 k1ENGINEERING DATAEXCHANGE JENNIFERIWASTEWATER1E12159 BROADWAY WWTP DECOMISSIONINGICONTRACT.DOC 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However, the NE may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. 10. DISCLOSURE OF INTEREST NE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form attached hereto as Exhibit "C". CITY OF CORPUS CHRISTI Oscar R. Martinez, Date Assistant City Manager RECOMMENDED Daniel es, P. E., Date e Director of Engineering Services Operating Department Date APPROVED AS TO FORM Office of Management Date and Budget ATTEST Armando Chapa, City Secretary FRE SE AND NICHOLS, INC. t t-4 V2— Ro Guzman Date Vice President 800 North Shoreline Boulevard Suite 1600N Corpus Christi, Texas 78401 (361) 561-6500 Office (361) 561-6501 Fax ENTERED SEP 28 2012 copal KAU I MANAGER Project No. E12159 Fund Source No. 550950-4248-00000-E12159 Wastewater CIP Encumbrance No. Contract for Engineering (NE) Services Page 3 of 3 KAENGINEERING DATAEXCHANGELIENNIFERMASTEWATERE12159 BROADWAY WWTP DECOMISSIONINGDONTRACT DOC EXHIBIT "A" CITY OF CORPUS CHRISTI WASTEWATER DEPARTMENT BROADWAY WASTEWATER TREATMENT PLANT (WWTP) DECOMMISSIONING CITY OF CORPUS CHRISTI, TX 1. SCOPE OF SERVICES A. Basic Services. Basic Services will include the following in addition to those items shown on Exhibit "A -1" Task List 1. Wastewater Treatment Plant (WWTP) Closure Plan. The A/E Consultant will perform the following services: a. Confer with the City staff regarding the closure plan of Broadway WWTP. The NE Consultant will participate in up to one (1) formal meeting one X12 City initiation meeting] with City staff, provide agenda and purpose for each formal meeting; document and distribute meeting minutes and meeting report within seven (7) working days of the meeting. The A/E Consultant will participate in discussions with the operating department and other agencies (such as the Texas Department of Transportation (TxDOT) and Texas Commission of Environmental Quality (TCEQ)) as required to satisfactorily complete the Project. b. The A/E Consultant shall conduct one (1) site visit to visually identify and document existing structures and treatment units within the abandoned plant site. The following services will be provided in order to develop and submit the Closure Plan: 1. Review existing permits and analytical data for the wastewater treatment plant including data from historical sludge characterization and disposal. 2. Collect historical records of previous use of site as a landfill. 3. Contact TCEQ to discuss the City's intent to submit a closure plan and discuss facility - specific requirements. 4. Prepare a WWTP Closure Plan in accordance with TCEQ regulations, the facility's existing permits, and Land Application Team guidance. 5. Submit one (1) draft electronic copy of the closure plan to the City for review and comment. 6. Revise and finalize the Draft Closure Plan as necessary based on the City's comments. 7. Submit three (3) hard paper copies of the Closure Plan to the TCEQ within ten (10) business days of receipt of the City's comments. The NE Consultant will also submit two (2) hard paper copies and one (1) electronic copy in CDROM to the City for their records. EXHIBIT "A" Page 1 of 12 8. The NE Consultant shall provide a letter stating that the NE Consultant and Sub - consultant Engineers have checked and reviewed the Closure Plan prior to submission to TCEQ and the City. 9. The NE Consultant will respond to any comments or questions regarding the Closure Plan from TCEQ. 2. Site Investigation for Closure. Upon approval of the Closure Plan by TCEQ, the NE Consultant will perform sampling and analysis described in the approved Closure Plan to document conditions on the site. This site investigation will include the following general tasks: a. The A/E Consultant shall field locate proposed sample locations. City shall verify absence of underground utilities in those locations. b. The NE Consultant shall collect soil and groundwater samples (as specified in the Closure Plan) to determine if chemicals of concem (COCs) are present at concentrations that require removal or special handling (i.e. capping) if left in place. Sample collection will require use of truck - mounted, direct-push drilling equipment. The A/E Consultant anticipates that a total of one hundred twenty (1201, soil borings and three (3) temporary groundwater monitoring wells will be installed to document closure activities. c. The A/E Consultant shall analyze sampling results of the samples collected for COCs approved by the TCEQ in the Closure Plan. The presence of hazardous waste or contaminated areas will be considered under Special Services. d. Upon receipt of sample results, the NE Consultant will prepare a letter report summarizing the findings and providing recommendations for closure of the WWTP facilities. 3. Preparation and Submittal of Final Closure Report. The NE Consultant will perform the following services: a. Confer with the City staff regarding the closure plan of Broadway WWTP. The NE Consultant shall participate in up to one (1) formal meeting one in draft closure report review meeting] with City staff, provide agenda and purpose for each formal meeting; document and distribute meeting minutes and meeting report within seven (7) working days of the meeting. The NE Consultant will participate in discussions with the operating department and other agencies (such as the Texas Department of Transportation (TxDOT) and Texas Commission of Environmental Quality (TCEQ)) as required to satisfactorily complete the Project. b. The A/E Consultant will prepare a WWTP Final Closure Report for the existing Broadway WWTP. The following services will be provided in order to develop and submit the Final Closure Report: EXHIBIT "A" Page 2ofl2 1. The A/E Consultant shall prepare a WWTP Final Closure Report in accordance with TCEQ regulations, the facility's existing permits, and Land Application Team guidance. 2. The A/E Consultant shall submit one (1) draft electronic copy of the Final Closure Report to the City for review and comment. The A/E Consultant shall revise and finalize the Final Closure Report as appropriate based on the City's comments. 3. The A/E Consultant shall submit throe (3) hard paper copies of the Final Closure Report to TCEQ within ten (10) business days of receipt of the City's comments. The A/E Consultant will also submit two (2) hard paper copies and one (1) electronic copy in CDROM to the City for their records. 4. Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the draft and the final WWTP closure report accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City Staff. The NE Consultant shall submit a letter declaring that all engineering disciplines involved have checked and reviewed all the submittals and are complete prior to submission and include signature of all disciplines including but not limited to environmental geoscientists. 5. The A/E Consultant will respond to any comments or questions from TCEQ. Additional investigation required by TCEQ comments shall be considered as an additional services item and will be initiated and completed only after the written authorization by the Director of Engineering Services. 6. The City agrees that any modifications of the submitted WWTP closure report (for other uses by the City) will be evidenced on the report and be signed and sealed by the professional geoscientist and a professional engineer prior to re-use of modified report. 4. Odor Mitigation Contract., The contract will include temporary covering of open structures, security provisions, fence line (baseline) hydrogen sulfide measurement levels, and contract required hydrogen sulfide control levels. The A/E consultant will provide the following services: a. Confer with the City staff to review the scope of services. The NE Consultant will participate in up to four (4) formal meetings [one (1) City initiation meeting, one (1) technical memorandum review workshop, one (1) 50% review workshop, and one (1) 90% review workshop] with City staff. The A/E Consultant shall provide an agenda, prepare meeting minutes and distribute meeting minutes and meeting report within seven (7) working days of the meeting. The A/E Consultant will participate in discussions with the operating department and other agencies (such as the Texas Department of Transportation (TxDOT) and Texas Commission EXHIBIT "A" Page 3ofl2 of Environmental Quality (TCEQ)) as required to satisfactorily complete the project. b. The NE Consultant shall conduct one (1) site visit to visually identify and document existing structures and treatment units within the abandoned plant site that will require dewatering, identify locations for the removal of sludge, and other potential odor generating components of the old plant . The following services will be provided in order to develop and submit the Broadway WWTP odor mitigation contract: c.. The A/E Consultant shall prepare a technical memorandum identifying sources of odors, recommendations for mitigating the odors and an OPCC for the mitigation measures. The NE consultant will one (1) electronic copy of the draft technical memorandum to the City and participate in one (1) review meeting. d. Fumish one (1) set of the 50% half size plans (half -size plans only - identify needed front -end and technical specifications) to the City staff for review and approval purposes with the opinion of probable construction cost. The City will be responsible for reproduction for additional sets of 50% half -size plans per the requirement of the City. Upon receipt of the 50% set of half - size plans and list of front -end and technical specifications, the City will promptly review the submittal and provide their comments to the NE Consultant in electronic e-mail or CDROM. There will be one (1) 50% submittal review coordination meeting to discuss comments on the 50% half size plans and specifications list. e. Assimilate all review comments, modifications, additions/deletions and proceed to 100% completion of Interim Design Submittal. A memorandum will be prepared indicating how all comments are to addressed. f. Conduct a construction sequencing workshop to coordinate the work of this contract with the New Broadway WWTP construction. g. Fumish one (1) copy of the 100% Interim Design Submittal [half size plans and front -end documents and technical specifications] to the City staff for review and approval purposes with a revised opinion of probable construction costs. 100% half size plans shall be submitted, dated, and stamped "NOT FOR CONSTRUCTON". There will be one (1) 100% Interim Design Submittal review coordination meeting to discuss comments on the 100% Interim Design Submittal. Upon approval of the 100% Interim Design Submittal by the City, the words "NOT FOR CONSTRUCTION" shall be removed and the original seals of the responsible professional engineer will be provided on the plans and the seals will be signed and dated. The required no. of Final 100% Contract Documents sets will be forwarded to Texas Commission on Environmental Quality (TCEQ) for review and approval. h. Upon receipt of comments from TCEQ, the A/E Consultant will make necessary modifications to the 100% Contract Documents. A memorandum will be prepared which indicates how each comment will be addressed. The stamp "ISSUED FOR BID" and original seals of the EXHIBIT "A" Page 4 of 12 professional engineers will be placed on the 100% plans and dated. One (1) copy of the completed 100% Contract Documents will be forwarded to the City. The City will be responsible for reproduction for any additional sets of the completed Contract Documents per the requirement of the City. The A/E Consultant will also furnish one (1) CDROM with an electronic file copy of the ISSUED FOR BID" plans in AutoCAD and Front-End Documents and Technical Specifications in MS Word to the City. The said "ISSUED FOR BID" Contract Documents henceforth become the sole property and ownership of the City of Corpus Christi. i. The NE Consultant will assist the City in securing bids. The City will issue Notice to Bidders to prospective CONTRACTORS and vendors listed in their database of prospective bidders and to selected plan rooms. j. The A/E Consultant will assist the City by responding to questions and interpreting bid documents. The A/E Consultant will prepare and issue addenda and forward the addenda to the City for distribution to the prospective bidders. k. The A/E Consultant will assist the City in conducting one (1) pre -bid conference for the construction project and coordinate CONTRACTOR's responses with the City. Response to the pre -bid conference will be in the form of addenda issued after the conference. The NE Consultant will also attend the tour of the project site along with the prospective contractors after the pre -bid conference. I. The A/E Consultant will assist the City in the opening, tabulating, and analyzing the bids received. The A/E Consultant will review the qualification information provided by the apparent low bidder to determine if, based on the information available, they appear to be qualified (based on City requirements) to construct the project. The NE Consultant will submit to the City a written recommendation to award of contracts or other actions as appropriate to be considered by the City. m. The A/E Consultant will make necessary modifications to the 100% "ISSUED FOR BID" Contract Documents based on the addenda issued during the Bid Phase. After the incorporation of all the comments, the stamp ISSUED FOR CONSTRUCTION" will be placed on the 100% Contract Documents from the A/E Consultant. One (1) copy of the completed 100% "ISSUED FOR CONSTRUCTION" Contract Documents will be forwarded to the City. The City will be responsible for reproduction for any additional sets of the completed 100% "ISSUED FOR CONSTRUCTION" Contract Documents per the requirement of the City. The A/E Consultant will also fumish one (1) CDROM with an electronic file copy of the "ISSUED FOR CONSTRUCTION" plans in AutoCAD and specifications in Word to the City. n. Assist City in conducting one (1) pre- construction conference with the CONTRACTOR, review construction schedules prepared by the CONTRACTOR pursuant to the requirements of the construction contract. EXHIBIT "A" Page 6of12 o. Assist the City with coordinating the work under this contract with the ongoing New Broadway WVVTP construction. p. Attend and participate in up to a maximum of six (6) periodic construction meetings to the site to attend the Monthly Construction Progress Meeting. Visits to the site for Monthly Construction Progress Meetings in excess of the specified number are an additional service. q. Attend and participate in up to a maximum of three (3) periodic site visits to the site (as distinguished from the continuous services of a Resident Project Representative) to observe whether the improvements have been completed in accordance with the Construction Contract Documents. The estimated construction time for this project is 9 months. FNI will endeavor to protect the City against defects and deficiencies in the work of CONTRACTOR and will report any observed deficiencies to the City. Visits to the site in excess of the specified number are an additional service. r. Review quality related documents provided by the CONTRACTOR such as shop drawings, test reports, equipment installation reports or other documentation required by the Construction Contract Documents. s. Process contract modifications and negotiate with the CONTRACTOR on behalf of the City to determine the cost and time impacts of change orders. Prepare change order documentation for approved changes for execution by the City. Documentation of field orders, where cost to City is not impacted, will also be prepared. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of the CONTRACTOR or other deviations from the construction Contract Documents requested by the CONTRACTOR and approved by the City are an additional service. Substitutions of materials or equipment or design modifications requested by the City are an additional service. t Conduct, in company with City's representative, a final review of the Project for conformance with the Contract Documents of the Project and general compliance with the Construction Contract Documents. Attend and participate in up to a maximum of two (2) final walkthrough/punchlist site visits to the site (separate from site visits) to observe whether the improvements have been completed in accordance with the Construction Contract Documents. The City's representative will be responsible to track the completion of all the punchlist items. The NE Consultant will issue FINAL Certificate of Completion upon the completion of all the punchlist items. Visits to the site in excess of the specified number are an additional service. Prepare a list of deficiencies to be corrected by the CONTRACTOR before issuing the FINAL Certificate of Completion. Assist the City in obtaining legal releases, permits, warranties, spare parts, and keys from the CONTRACTOR. Make recommendation for final payment to the CONTRACTOR. EXHIBIT "A" Page 6 of 12 u. Revise the construction drawings in accordance with the information fumished by Construction CONTRACTOR and the construction inspector reflecting changes in the Project made during construction. One (1) set of full -size prints of "RECORD DRAWINGS" and one (1) CDROM with an electronic file copy of the plans in AutoCAD after the completion of the Construction Project will be provided to the City. The City will be responsible for making additional sets of hard -copy prints and electronic copies per the requirement of the City. v. Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that each submittal accurately represents the percent completion designated and do not necessitate an excessive amount of revision and correction by City Staff. The A/E Consultant shall submit a letter declaring that all engineering disciplines involved have checked and reviewed all the submittals and are complete prior to submission, and include signature of all disciplines including but not limited to mechanical, civil, electrical, structural, etc. w. The City agrees that any modifications of the submitted "ISSUED FOR BID" plans (for other uses by the City) will be evidenced on the plans and will be signed and sealed by a professional engineer prior to re-use of the modified plans. 5. Wastewater Treatment Plant (WVVfP) Decommissioning Engineering Letter Report. The A/E Consultant will perform the following services: a. Confer with the City staff to review the scope of services. The A/E Consultant will participate in up to two (21, formal meetings !one (1) City initiation meeting, one (1) draft decommissioning report review workshop] with City staff to gather information from the City regarding future use constraints of the site and to discuss the WWTP decommissioning engineering letter report. The NE Consultant shall prepare meeting minutes and distribute meeting minutes and meeting report within seven � 7 working days of the meeting. The A/E Consultant will participate in discussions with the operating department and other agencies (such as the Texas Department of Transportation (TxDOT) and Texas Commission of Environmental Quality (TCEQ)) as required to satisfactorily complete the project. b. The NE Consultant shall conduct one (1) site visit to visually identify and document existing structures and treatment units within the abandoned plant site. The identified structures shall be inclusive of existing electrical facilities, office/storage/maintenance buildings, chemical storage/feed facilities, treatment process structures and distribution storage and pumping facilities. The following services will be provided in order to develop and submit the Broadway WWTP decommissioning engineering letter report: 1. The A/E Consultant shall prepare a WWTP decommissioning engineering letter report in accordance with TCEQ regulations, the EXHIBIT "A" Page 7 of 12 facility's existing permits, and Land Application Team guidance. The report shall contain facilities descriptions, schematic layouts, sketches and conceptual design criteria. The report will consists of exhibits to indicate the considerations involved and solutions available to City on decommissioning of the Broadway WWTP. The report will also include documentation of the NE Consultant's findings and recommendations with Opinion of Probable Construction Costs (OPCC) for the Project. 2. The NE Consultant shall submit one (1) electronic copy of the WWTP decommissioning report to the City for review and comment. The A/E Consultant will review the engineering letter report with the City in one ,U Draft Engineering Letter Report Review Workshop. The A/E Consultant shall revise and finalize the WWTP decommissioning report as appropriate based on the City's comments. 3. The NE Consultant shall develop Opinion of Probable Construction Costs (OPCC) associated with demolition of the non - salvageable WWTP facilities and conceptual site plan. OPCC development shall consist of the itemized estimate to completely demolish and/or remove all existing non - salvageable facilities and equipment and fill and compact voids to the existing grade level with select structural fill. The OPCC shall include cost associated with demolition and disposal of structures and equipment, removal of salvageable and recyclable equipment and materials as well as materials necessitating disposal. The OPCC will also include an estimate of partial demolition of the above mentioned facilities to a depth suitable for site redevelopment as identified in additional services. 4. The A/E Consultant shall submit two (2) hard paper copies and one tli_electronic copy in CDROM of the Final WWTP decommissioning engineering letter report to the City within fourteen (14) business days of receipt of the City's comments. 5. Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the draft and the final WWTP decommissioning engineering letter report accurately reflects the percent completion designated and do not necessitate an excessive amount of revision and correction by City Staff. The A/E Consultant shall submit a letter declaring that all engineering disciplines involved have checked and reviewed all the submittals and are complete prior to submission, and include signature of all disciplines including but not limited to mechanical, civil, electrical, structural, etc. 6. The City agrees that any modifications of the submitted WWTP decommissioning engineering letter report (for other uses by the City) will be evidenced on the report and be signed and sealed by the professional engineer(s) prior to re-use of modified report. City staff will provide only one set of the following information (as applicable): EXHIBIT "A" Page 8of12 a. Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b. Aerial photography for the Project area. c. Through separate contract, related GIS mapping for existing facilities. d. Field location of existing city utilities. (A/E Consultant to coordinate with City Operating Department). The City staff will: a. Designate an individual to have responsibility, authority, and control for coordinating activities for the completion of the closure and WWTP decommissioning reports. b. The individual will be responsible to initiate contact and coordinate exchange of information (relevant plans and specifications and change orders) from previous A/E Consultant who assisted the City with the design of the Broadway Wastewater Treatment Plant. c. Provide the budget specifying the funds available for the decommissioning and redevelopment of the site. d. Provide the specific City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents for the decommissioning and redevelopment of the site. In addition, the City will be responsible for providing, reviewing and including all pertinent front- end documents, forms, etc. in the bid package in addition to the 100% Contract Documents (provided by NE Consultant). B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the A/E Consultant will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E Consultant will, with written authorization by the Director of Engineering Services, do the following: 1. Coordination of Redevelopment Plan The A/E Consultant shall provide planning support services to assist with a redevelopment strategy for the decommissioned portion of the Broadway WWTP. This task shall include: a. Review of existing planning documents for surrounding Hillcrest and Washington Coles neighborhoods. b. Preparation of preliminary site development alternatives (maximum of 3) with site demolition evaluation. c. Conduct one (1) City coordination meeting to discuss site redevelopment. EXHIBIT "A" Page 9 of 12 d. Upon notification from City of reuse strategy, the A/E Consultant shall prepare conceptual site plan, including three - dimensional articulation of the proposed use. e. The A/E Consultant shall submit one (1) draft electronic copy of the conceptual site plan and technical memorandum describing and summarizing the redevelopment plan to City for review and comment. The NE Consultant will review the draft submittal with the City in one (1) Draft Submittal Review Workshop. The A/E Consultant shall revise and finalize the conceptual site plan and technical memorandum based on the City's comments. f. The A/E Consultant shall submit two (2) hard paper copies and one (I electronic copy in CDROM of the conceptual site plan and technical memorandum to the City for their records. 2. Subsurface Utility Enalneerinq Subsurface Utility Engineering (SUE) will be provided by a subcontractor and coordinated by the NE Consultant as required to identify the location of up to five (5) subsurface utilities. 3. Environmental Remediation Due Dilisrence If hazardous substances are detected at the site, the NE Consultant will provide environmental remediation due diligence services. The scope will be determined based on the environmental sampling results. 4. Asbestos Remediation Evaluation An asbestos remediation specialist will evaluate the extent and costs of asbestos remediation, if required, for the reuse or demolition of existing structures. 5. Public Outreach — Part A The A/E consultant will provide up to five (5) exhibits for public outreach activities and will attend up to five (5) public outreach meetings. 6. Public Outreach — Part B The A/E consultant will develop quarterly mailouts for up to one (1) year, develop a project specific website, and social media accounts. 7. Supplemental Resident Protect Representative The A/E Consultant will provide a full-time resident project representative for up to 200 manhours if city staff is unavailable due to vacations, etc. 8. Peer Review Peer review will be provided by a subcontractor and coordinate by the A/E Consultant. The NE Consultant will provide one in draft electronic copy of each submittal to the subcontractor for review and comment. 9. Provide the services above authorized in addition to those items shown on Exhibit "A -1" Task List. 2. SCHEDULE PROPOSED DECOMMISSIONING PROJECT SCHEDULE EXHIBIT "A" Page 10 of 12 DAY DATE ACTIVITY Monday December 3, 2012 Begin Development of Closure Plan Friday January 4, 2013 Draft Closure Plan Friday January 18, 2013 City's Review Monday January 28, 2013 100% Closure Plan Submittal to TCEQ and City Monday March 25, 2013 Site Investigation for Closure Friday May 24,2013 100% Site Investigation Report to City Monday May 27, 2013 Begin Final Closure Report Friday June 28, 2013 Draft Final Closure Report Monday July 12, 2013 City's Review Monday July 22, 2013 100% Submittal to TCEQ and City Monday September 9, 2013 Begin WWTP Decommissioning Engineering Letter Report Friday November 8, 2013 Draft WWTP Decommissioning Engineering Letter Report to City Wednesday November 27, 2013 City's Review Monday December 16, 2013 100% Submittal of Final WWTP Decommissioning Engineering Letter Report to City PROPOSED ODOR MITIGATION PROJECT SCHEDULE DAY DATE ACTIVITY Monday December 3, 2012 Begin Design Phase Monday December 31, 2012 Submit Technical Memorandum Friday March 2, 2013 50% Interim Submittal Friday March 28, 2013 City Review Tuesday May 28, 2013 90% Interim Submittal Friday June 16, 2013 City Review Friday June 28, 2013 Submit to TCEQ Friday July 10, 2013 TCEQ Approval Friday July 12, 2013 Submit 100% Ready to Bid Monday August 13, 2013 Bid Opening Wednesday October 15, 2013 Contract Award Sunday November 2, 2013 Contractor NTP 3. FEES A. Fee for Basic Services. The City will pay the A/E Consultant a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for EXHIBIT "A" Page 11 of 12 Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section 1 above, and for all expenses incurred in performing these services. For services provided in Section 1, A/E Consultant will submit monthly statements for basic services rendered. In Section 1, the statement will be based upon NE Consultant's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services" the City will pay the A/E Consultant a not-to-exceed fee as per the table presented in Section 3.C. Summary of Fees. C. Summary of Fees Fee for Basic Services 1. Wastewater Treatment Plant Closure Plan (including peer review) $26,760 2. Site Investigation for Closure $ 54,459 3. Final closure Report $ 27,336 4. Odor Mitigation Contract $ 244.728 5. Decommissioning Letter Report $47,938 Subtotal Basic Services Fees (Authorized) $401,221 Fee for Additional Services (Allowance) 1. Coordination of Redevelopment Plan $28,845 2. Subsurface Utility Engineering $21,033 3. Environmental Remediation Due Diligence TBD 4. Asbestos Remediation Evaluation TBD 5. Public Outreach — Part A $68,820 6. Public Outreach — Part B $13,725 7. Supplemental Resident Project Representative $ 38,843 8. Peer review $ 18,400 9. Construction Observations TBD Sub -Total Additional Services Fees Authorized $189,666 Total Authorized Fee $590,887 Total Project Fee $590,887 . EXHIBIT "A" Page 12 of 12 EXHIBIT'A -1" TASK LIST CITY OF CORPUS CHRISTI WASTEWATER DEPARTMENT BROADWAY WASTEWATER TREATMENT PLANT (WWTP) DECOMMISSIONING CITY OF CORPUS CHRISTI, TX Task 1- Wastewater Treatment Plant (WWTP) Closure Plan, 1) The A/E Consultant shall prepare and submit closure plan in accordance with the TCEQ laws and regulations. Closure Plan will include the following Items: a. Site location and description of the site b. City's Permit No. with TCEQ c. Steps for Closure of Broadway WWTP 2) Attend and participate in client initiation meeting (1 meeting) with City's Engineering and Wastewater Department staff to discuss closure plan. Gather information and perform close coordination with the City's staff via phone and e- mails. 3) The A/E Consultant shall conduct one (1 ) site visit to visually identify and document existing structures and treatment units within the abandoned plant site. 4) The A/E Consultant shall prepare and submit one (1) electronic copy of closure plan including data collected. 5) Upon the receipt of City's comments, the NE Consultant will make appropriate changes and submit three (3) paper hard copies to TCEQ for their review and comments. The A/E Consultant will also submit two (2) hard paper copies and one (1), electronic copy in CDROM to the City for their records. Task II — Site Investigation for Closure 1) Upon approval of the Closure Plan by TCEQ, the NE Consultant will perform sampling and analysis described in the approved closure plan to document conditions on the site. Site Investigation Report for Closure will include the discussion on the following Items: a. Documentation and analysis of the existing site conditions b. Location of the sampling points (borings and temporary groundwater monitoring wells) c. Methodology for sampling d. Summary and analysis of the sampling results. L.•w ‘COotrsct Woo S adaSCICofptra cox - Broadway oaaomadsa3onh &EX ttBR A- 1_Broadway W WTP Decorturttas Traaired Chartgas.docx EXHIBIT "A -1" Page 1 of 8 2) The A/E Consultant shall field locate proposed sample locations. City shall verify absence of underground utilities in those locations. The NE Consultant shall collect soil and groundwater samples (as specified in the Closure Plan) to determine if chemicals of concern (COCs) are present at concentrations that require removal or special handling (i.e. capping) if left in place. 3) The A/E Consultant shall analyze results of the samples collected for COCs which have been approved by TCEQ in the closure plan. Task III — Final Closure Report 1) The A/E Consultant shall prepare a WWTP Final Closure Report in accordance with TCEQ regulations, the facility's existing permits, and Land Application Team guidance. Final Closure Report will include the discussion on the following items: a. Documentation and analysis of the existing site conditions b. Summary of the Site Investigation (Environmental Sampling) c. Description of the steps involved in the Closure of the Broadway WWTP d. Anticipated timeframe for closure of the Broadway WWTP 2) The NE Consultant shall submit one (1) draft electronic copy of the Final Closure Report to the City for review and comment. The A/E Consultant shall revise and finalize the Final Closure Report as appropriate based on the City's comments. 3) The A/E Consultant shall submit three (3) hard paper copies of the Final Closure Report to TCEQ. The NE Consultant will also submit two (2) hard paper copies and one (1) electronic copy in CDROM to the City for their records. 4) The A/E Consultant will respond to any comments or questions from TCEQ. Additional investigation required as a result of TCEQ comments shall be considered as an additional services item and will be initiated and completed only after the written authorization by the Director of Engineering Services. Task IV — Odor Mitigation Contract Phase I — Final Design Phase 1) The NE Consultant shall submit a technical memorandum identifying the sources of odors, recommendations for mitigating odors prior to the demolition or renovation of the site and an OPCC for the mitigation measures. One (1) electronic copy of this technical memorandum will be submitted to the City for their records. This technical memorandum will be submitted within the first 75 days after the receipt of "Authorization to Proceed" from the City and will include the discussion on the following items: LiRssoureas1Contract ahro SheatsMCCCorpue Ctrdst COCC - Broadway DecomadasloningTX1OBIT A&Broadway W WTP Doman! Tracked Chsngeo does EXHIBIT "A -1" Page 2 of 8 a. Identification of structures and treatment units that will require dewatering. b. Identification of areas where sludge is to removed. c. Identification of potential odor producing components such as trickling filter media. c. Recommendation for odor mitigation. d. Recommendations for site security. e. Odor monitoring plan and recommended control levels. 2) Perform field investigation in a site visit (1 site visit) as required to define the potential sources of odors. 3) Attend and participate in client initiation meeting (1 meeting), technical memorandum review meeting (1 meeting), 50% Design Submittal review meeting (1 meeting) and 100% Interim Design Submittal review meeting (1 meeting) with pertinent City's Engineering and Wastewater Department staff to receive City comments on the submittals. Gather information and perform close coordination with the City's staff via phone and e- mails. 4) The A/E Consultant shall prepare one (1) set of 50% design submittal (design drawings only) for the Odor Mitigation Project using FNI standard Contract Documents. The 50% review drawings shall be delivered to the City Staff in half size along with a list of front -end and technical specifications. 5) There will be one (1) review workshop to discuss the 50% design submittal. The City will be responsible to provide comments to the A/E Consultant on electronic e-mail or CDROM. Upon receipt of all the electronic comments, the A/E Consultant will assimilate all review comments, modifications, additions /deletions and proceed to prepare a 100% Interim Design Submittal [Final Design Drawings, Front -End and Technical Specificationsjfor the Odor Mitigation Project. The NE Consultant will prepare a memorandum that responds to all comments and how they will be addressed. 6) Conduct one (1) construction sequencing workshop to coordinate the Odor Mitigation Project with the New Broadway WWTP construction. 7) The A/E Consultant shall prepare one (1) set of 100% Interim Design Submittal for the City to review at 100% completion. There will be one (1) 100% Interim Design Submittal review coordination workshop to discuss the 100% Interim Design Submittal. The City will be responsible to provide follow -up comments to the NE Consultant on electronic e-mail or CDROM. Assimilate all review comments, modifications and additions/deletions and proceed to completion of 100% Final Design Submittal. The original seals of the responsible professional engineer will be provided on the 100% Final Design Submittal and dated and the required no. of sets will be forwarded to TCEQ for review and approval. The A/E Consultant will be responsible for coordination of 100% Contract Documents submittal to TCEQ for review. In addition, the NE Consultant will also be responsible for addressing TCEQ comments related to the A/E Consultant's L. Rase tConUact Blue She.b Corpus ClMslACOCC - Broadway DeeomsdsslonbegtE%1ta1T A.t_Brosdway WiNTP Tracked Chaiges.docx Decenardsi EXHIBIT "A -1" Page 3 of 8 100% Contract Documents. The NE Consultant will prepare a memorandum that responds to all comments and how they are addressed. 8) The NE Consultant will prepare the final opinion of probable construction cost based on the 100% Contract Documents. 9) The A/E Consultant will submit 100% Contract Documents for FNI constructability review. The A/E Consultant will also make final modifications to the 100% Contract Documents per the comments provided during the constructability review. 10) Upon receipt of comments from TCEQ and FNI Construction Services, the A/E Consultant will make necessary modifications to the 100% Contract Documents. After the incorporation of all the comments, the stamp "ISSUED FOR BID" will be placed on the 100% full -size plans from the A/E Consultant and the original seals of the professional engineers will be placed on the drawings and dated. One (1) copy of the completed 100% "ISSUED FOR BID" Final Design Submittal will be forwarded to the City. The City will be responsible for reproduction for any additional sets of the completed "ISSUED FOR BID" Final Design Submittal per the requirement of the City. The NE Consultant will also furnish one (1) CDROM with an electronic file copy of the "ISSUED FOR BID" plans in AutoCAD and specifications in Word to the City. Phase II — Bid Phase 1) The NE Consultant will assist the City in securing bids. The City will issue Notice to Bidders to prospective CONTRACTORS and vendors listed in their database of prospective bidders and to selected plan rooms. 2) The A/E Consultant will assist the City by responding to questions and interpreting bid documents. The A/E Consultant will prepare and issue addenda and forward the addenda to the City for distribution to the prospective bidders. 3) The NE Consultant will assist the City in conducting one (1) pre -bid conference for the construction project and coordinate CONTRACTOR's responses with the City. Response to the pre -bid conference will be in the form of addenda issued after the conference. The A/E Consultant will also attend the tour of the project site along with the prospective contractors after the pre -bid conference. 4) The A/E Consultant will assist the City in the opening, tabulating, and analyzing the bids received. The NE Consultant will review the qualification information provided by the apparent low bidder to determine if, based on the information available, they appear to be qualified (based on City requirements) to construct the project. The A/E Consultant will submit to the City a written recommendation to award of contracts or other actions as appropriate to be considered by the City. 5) The A/E Consultant will make necessary modifications to the 100% "ISSUED FOR BID" Contract Documents based on the addenda issued during the Bid Phase. After the incorporation of all the comments, the stamp "ISSUED FOR CONSTRUCTION" will be placed on the 100% Contract Documents from the NE Consultant. One (1) copy of the completed 100% "ISSUED FOR Litesou ees{Co"baG Blw Sheetsi=orpas Christl500CC - Broadway Oe M1- Broadway W WTP Traded C hanges.doex EXHIBIT "A -1" Page 4of8 CONSTRUCTION" Contract Documents will be forwarded to the City. The City will be responsible for reproduction for any additional sets of the completed 1 00% "ISSUED FOR CONSTRUCTION" Contract Documents per the requirement of the City. The A/E Consultant will also furnish one (1) CDROM with an electronic file copy of the "ISSUED FOR CONSTRUCTION" plans in AutoCAD and specifications in Word to the City. Phase III — Construction Observation Services Upon completion of the Bid Phase Services, FNI will proceed with the performance of construction phase services as described as follows. FNI will endeavor to protect City in providing these services; however, it is understood that FNI does not guarantee the CONTRACTOR's performance, nor is FNI responsible for supervision of the CONTRACTOR's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the CONTRACTOR, or any safety precautions and programs relating in any way to the condition of the premises, the work of the CONTRACTOR or any subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. The City agrees to include provisions in the Construction Contract Documents that will require the Construction CONTRACTOR to include FNI and their subconsultant(s) on this project to be listed as. an additional insured on CONTRACTOR's insurance policies. 1) Assist City in conducting one (1) pre - construction conference with the CONTRACTOR, review construction schedules prepared by the CONTRACTOR pursuant to the requirements of the construction contract. 2) Assist the City with coordination of the work under this contract with the construction of the New Broadway WWTTP. 3) Attend and participate in up to a maximum of six (6) periodic construction meetings to the site to attend the Monthly Construction Progress Meeting. Visits to the site for Monthly Construction Progress Meetings in excess of the specified number are an additional service. 4) Attend and participate in up to a maximum of three (3) periodic site visits to the site (as distinguished from the continuous services of a Resident Project Representative) to observe whether the improvements have been completed in accordance with the Construction Contract Documents. The estimated construction time for this project is 9 months. FNI will endeavor to protect the City against defects and deficiencies in the work of CONTRACTOR and will report any observed deficiencies to the City. Visits to the site in excess of the specified number are an additional service. 5) Review quality related documents provided by the CONTRACTOR such as shop drawings, test reports, equipment installation reports or other documentation required by the Construction Contract Documents. LARIsoureasContract Blue SheebAClCapw Chsl'ed1CC CC - Broadway DacorardadontagUixeccor A- 1_Broadway WINTP Tracked Chmsgaa.docx Oeeaoaelaa EXHIBIT "A -1" Page 8of8 6) Process contract modifications and negotiate with the CONTRACTOR on behalf of the City to determine the cost and time impacts of change orders. Prepare change order documentation for approved changes for execution by the City. Documentation of field orders, where cost to City is not impacted, will also be prepared. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of the CONTRACTOR or other deviations from the construction Contract Documents requested by the CONTRACTOR and approved by the City are an additional service. Substitutions of materials or equipment or design modifications requested by the City are an additional service. 7) Conduct, in company with City's representative, a final review of the Project for conformance with the Contract Documents of the Project and general compliance with the Construction Contract Documents. Attend and participate in up to a maximum of two (2) final walkthrough /punchlist site visits to the site (separate from site visits) to observe whether the improvements have been completed in accordance with the Construction Contract Documents. The City's representative will be responsible to track the completion of all the punchlist items. The NE Consultant will issue FINAL Certificate of Completion upon the completion of all the punchlist items. Visits to the site in excess of the specified number are an additional service. Prepare a list of deficiencies to be corrected by the CONTRACTOR before issuing the FINAL Certificate of Completion. Assist the City in obtaining legal releases, permits, warranties, spare parts, and keys from the CONTRACTOR. Make recommendation for final payment to the CONTRACTOR. 8) Revise the construction drawings in accordance with the information fumished by Construction CONTRACTOR and the construction inspector reflecting changes in the Project made during construction. One (1) set of full -size prints of "RECORD DRAWINGS" and one (1) CDROM with an electronic file copy of the plans in AutoCAD after the completion of the Construction Project will be provided to the City. The City will be responsible for making additional sets of hard -copy prints and electronic copies per the requirement of the City. Task V - Wastewater Treatment Plant (WWTP) Decommissioning Engineering Letter Report 1) The NE Consultant shall prepare a WWTP decommissioning engineering letter report in accordance with TCEQ regulations, the facility's existing permits, and Land Application Team guidance. The report shall contain facilities descriptions, schematic layouts, sketches and conceptual design criteria. The report will consist of exhibits to indicate the considerations involved and solutions available to City on decommissioning of the Broadway WWTP. The report will also include documentation of the A/E Consultant's findings and recommendations with Opinion of Probable Construction Costs (OPCC) for the Project. Decommissioning Engineering Letter Report will include the discussion on the following items: LiRpu rcadContract Bela ShaablClCmpua Chrlst GOCC - Broadway Decoanr@selordegtEYMBIT A•tBroadwap WWTP Tracked Changeadacs EXHIBIT "A -1" Page 6 of 8 a. Summary of the Closure Report b. Description of the City's anticipated use of the existing Broadway WWTP site c. Evaluation for up to a maximum of four (4) decommissioning alternatives for the existing Broadway WWTP: 1) Alternative 1 - No demolition and complete abandonment of the plant 2) Alternative 2 - Partial demolition of all structures to 3 -feet below grade, demolition of all piping and utilities within 3 -feet below grade and capping of remaining piping and utilities 3) Alternative 3 - Complete demolition of some of the structures to allow for construction of new structures in the future and capping of piping and utilities within 3-feet below grade 4) Alternative 4 - Complete demolition of all structures and piping to allow for construction of new structures in the future d. Opinion of Probable Construction Cost (OPCC) for the four (4) evaluated alternatives. e. Recommendation for the preferred decommissioning alternative based on the City's anticipated use of the existing Broadway WWTP site. The findings of the report will be used to develop a future demolition contract for the Old Broadway WWTP. 2) Attend and participate in client initiation meeting (1 meeting) with City's Engineering and Wastewater Department staff to gather information from the City regarding future use constraints of the site and to discuss the WWTP decommissioning engineering letter report. Gather information and perform close coordination with the City's staff via phone and e- mails. 3) The A/E Consultant shall conduct one (1) site visit to visually identify and document existing structures and treatment units within the abandoned plant site. The identified structures shall be inclusive of existing electrical facilities, office/storage/maintenance buildings, chemical storage/feed facilities, treatment process structures and distribution storage and pumping facilities. The following services will be provided in order to develop and submit the Broadway WWTP decommissioning engineering letter report: 4) The A/E Consultant shall submit one (1) electronic copy of the WWTP decommissioning report to the City for review and comment. The A/E Consultant will review the engineering letter report with the City in one (1) Draft Engineering Letter Report Review Workshop. The A/E Consultant shall revise and finalize the WWTP decommissioning report as appropriate based on the City's comments. 5) The A/E Consultant shall develop Opinion of Probable Construction Costs (OPCC) associated with demolition of the non - salvageable WWTP facilities and conceptual site plan. OPCC development shall consist of the itemized estimate to completely demolish and/or remove all existing non - salvageable facilities and LAResounasUCorwaW can shastsMoipus MI011430= - eroedwSY Desam Nasioltin In auBIT a4— &oaawaY WNW 7raand Chagas daa Woonaelss EXHIBIT "A -l" Page 7 of 8 equipment and fill and compact voids to the existing grade level with select structural fill. The OPCC shall include cost associated with demolition and disposal of structures and equipment, removal of salvageable and recyclable equipment and materials as well as materials necessitating disposal. 6) The NE Consultant shall submit two (2) hard paper copies and one (1) electronic copy in CDROM of the Final WWTP decommissioning engineering letter report to the City. L i t Moo S h o o t $ C.Cospus Oid OOC • B r o a d w a y DacorandsslonlogUEXHIBIT A- 1„Broedway W WTP Daeornadw Tracked CRSnges.doeX EXHIBIT "A -1" Page 8 of 8 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 AUTOMOBILE LIABILITY to include: 1. Owned vehicles 2. Hired — Non -owned vehicles $1,000,000 COMBINED SINGLE LIMIT Per Occurrence and in the aggregate $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 Consultants 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 ■•=1.0.10• City of Chnsti MBER TO SUPPLIER E IIGGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Freese and Nichols, Inc. P. O. BOX: STREET ADDRESS: 800 N. Shoreline, Suite 1600N CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other e 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' wAName Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A EXHIBIT "C" Page 1 of 2 FILING REQUIREMENTS 11a person who requests official action on a rnatter knows that the requested action w collier an economic benefit on any City official or employee that is distinguishable from the effect that the action have on members. or 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 the interest ot the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the dale of this statement, that I have not knowingly withheld disclosure of an) information requested: and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ron Guzman, P. E. (1 ip r l'ritai) nature of Certifying rsom Title: Principal Dale: .12 DEFINITIONS a. -Board member.- A member of any board, commission, or committee appointed b\ the City Council of the City of Corpus Christi. Texas. b. -Economic benefit-. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable, from its effect on members of the public in general or a substantial segment thereof. c. -Employee.- Any person employed by the City of Corpus Christi. Texas either on a full or part-lime basis, but not as an independent contractor. d. -Firm.- Any entity operated for economic gain. whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the Ibrin 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 organi/ations. 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. -Ownership Interest.- Legal or equitable interest. %%theater actual!) 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 ‘otina trusts, proxies, or special terms of venture or partnership agreements.'" -Consultant.- Any person or firm. such as envineers and architects. hired by the City al Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "C" Page 2 of 2 W a Z Amount Previous 100 %I O O O O O O O 2 25% 0 0 0 0 1 0 %I O O O O O O O 0 0 0 0 0 0 0 0 0 0 009$ 0$ 009$ 000`Z$ 0$ 0$ 000'Z$ 0 1,120 0 1,120 0 0 0 0 0 1,627 1,627 0 0 0 M m m I TBD TBD TBD TBD TBD TBD TBD 009$ 0$ 009$ LPL'S$ LZ9' I•$ 0Z1;13 000'Z$ I 0 1 2,000 1,120 1,627 4,747 500 0 500 $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 Basic Services: Construction Phase Subtotal Basic Services Additional Services: co 8 0 (.0 lf) To uc N A N LL W '0 w - V CD Z+ o �? Q ° CIS CO CO Additional Services Fees Total of Fees EXHIBIT "0" Page 1 of 1 r..0 ca a au E ca 1 at ca cu • ._ E o ca E ca O O cj CU CO City Council Update November 20, 2012 t1 Elmo V • 0 w w s V N V • Elmo 4w 0 CI. Construction Phase Odor Control Odor Control O (0 E .0 3 0 10 c CCl C 0. O W v 0 F on 11 v c 0 m cn O 0 Q ite Investigation for Closure w OA CCI V w • 0 $7,000,000.00 FUNDS REQUIRED: 0 O O O O 0 O N Lf) 0 c c 0 U O O O O O 0 N lf) Contingency (10% 0 0 0 0 CO 0) CO 0) 0 0) CO lf) $6,375,884.00 O O cm N 69- Reimbursements: J 0 ESTIMATED PROJECT BUDGET BALANCE AGENDA MEMORANDUM Future Item for the City Council Meeting of November 20, 2012 Action Item for the City Council Meeting of Decemberl l , 2012 DATE: TO: FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com; 826 -3729 December 7, 2012 Ronald L. Olson, City Manager Foster Crowell, Director of Wastewater Services fosterc @cctexas.com; 857 -1800 Award of Construction Contract: Oso Effluent Re -Use Distribution System - Phase 1 CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with S.J. Louis Construction in the amount of $2,433,323.70 for the Oso Effluent Re -Use Distribution System Phase 1 Project. PURPOSE: The purpose of the Agenda Item is to obtain authority to execute a construction contract for the Oso Effluent Re -Use Distribution System — Phase 1 BACKGROUND AND FINDINGS: This project consists of new 16" and 10" PVC and fused PVC Force mains, pumps, tanks, directional boring, driveway repairs and miscellaneous items of work required to complete the project. An effluent line (Line "A ") from the Oso Water Reclamation Plant (WRP) to the Woodridge Lift Station will enable the City of Corpus Christi to deliver effluent water to various golf courses and City Parks via a previously constructed effluent distribution network. ALTERNATIVES: 1. Award the construction contract to S.J. Louis Construction as proposed. 2. Do not award the construction contract to S.J. Louis Construction as proposed. (not recommended) OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Conforms to statutes regarding the bid process; Capital Budget 2012 -2013 EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Wastewater 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 $484,500.00 $3,320,000.00 $3,804,500.00 Encumbered / Expended Amount $484,500.00 $484,500.00 This item $2,433,323.70 $2,433,323.70 Future Expenditures $638, 725.31 $638, 725.31 BALANCE $0.00 $247,950.99 $247,950.99 Fund(s): #25 Wastewater Capital Reserves Comments: RECOMMENDATION: LIST OF SUPPORTING DOCUMENTS: Project Budget Certification of Funds Letter of Recommendation Location Map PROJECT BUDGET Oso Effluent Re -Use Distribution System - Phase 1 Project No. E10135 FUNDS AVAILABLE: Wastewater CIP $ 3,804,500.00 TOTAL $ 3,804,500.00 FUNDS REQUIRED: Construction (S.J. Louis Construction Company) Base Bid $ 2,433,323.70 Contingencies (10 %) $ 243,332.37 Consultant Fees: Consultant Design (Urban Engineering) * $ 463,200.00 Construction Materials Testing (estimate) $ 48,666.47 Geotechnical Engineering Testing (Rock Engineering & Testing Laboratory)...(estimate) $ 48,666.47 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) $ 114,135.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) $ 133,157.50 Finance $ 57,067.50 Misc. (Printing, Advertising, etc.) $ 15,000.00 TOTAL $ 3,556,549.01 ESTIMATED PROJECT BALANCE $ 247,950.99 *Original Contract approved by City Council October 12, 2010.(Motion No. M2010 -243) September 16, 2012 Mr. Dan Biles, P.E. Director of Engineering Services City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469 Subject: OSO EFFLUENT REUSE DISTRIBUTION SYSTEM City Project No. E10142 Dear Dan: Job No. 37899.B0.01 TRANSMITTED VIA EMAIL AND ORIGINAL MAILED Urban Engineering has received a copy of and reviewed all of the bids submitted for the subject project. We have also received and reviewed the information from both S.J. Louis Construction of Texas LTD. and Huff & Mitchell, Inc. as required by Sections A -28, A -29 and A- 30 of the Contract Document Special Provisions to be submitted after the bid date. We have investigated and found the bid package and experience record of S.J. Louis Construction of Texas LTD., the apparent low bidder, to be very satisfactory. Attached please find a Bid Tabulation and a copy of the information required by Sections A -28, A -29 and A -30 from both contractors. Section A Section B Section C Section D S.J. Louis Construction Huff & Mitchell, Inc. $ 991,162.60 $1,207,160.50 $ 34,000.00 $ 201, 000.60 $ 968,644.60 $1,284,368.50 $ 65, 000.00 $ 265,000.00 Total Base Bid $2,433,323.70 $2,603,013.10 It is the recommendation of Urban Engineering that the subject project be awarded to S.J. Louis Construction of Texas LTD, if the funds are available, for the bid amount as follows: Base Bid $ 2,433,323.70 RCUlph Enclosure xc: S.J. Louis /Job file (361)854 -3101 Sincerely, URBAN ENGINEERING Rhodes "Chip" Urban, P.E., R.P.L.S. 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 www,urbaneng,com TBPE Firm #145 FAX (361)854 -6001 \Mproject \councilexhibits \exhE10135c. dwg OSO EFFLUENT RE -USE DISTRIBUTION SYSTEM PHASE 1 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 ■ ■ O w wElma Elma w W 0 0 System Phase 1 Presentation 0 November 20, 2012 elmo w -0 w s V N .I V w •_, O 2 a c 2 8_ Q C 1 Construction Phase U a) o O z 0 U 0 Q a) N Bid & Award Phase Cc Jurc : :on: 150 CaLanJar Days P.% L_lonths r w co Elmo V • 0 FUNDS AVAILABLE: $ 3, 804, 500.00 $ 3, 804, 500.00 FUNDS REQUIRED: $ 2,433,323.70 $ 243,332.37 Consultant Fees: 0 o 0 o c\I co 0 EA $ 48,666.47 $ 48,666.47 o o 0 co co a) c) EA $ 3,556,549.01 rn rn 0 rn ti N EA Wastewater CIP TOTAL Construction (S.J. Louis Construction Company) Base Bid Contingencies (10 %) Consultant Design (Urban Engineering) * Construction Materials Testing (estimate) Geotechnical Engineering Testing (Rock Engineering & Testing Laboratory)(estimate) Reimbursements: TOTAL ESTIMATED PROJECT BALANCE Original Contract approved by City Council October 12, 2010.(Motion No. M2010 -243) 1 •- O eff CSJI CO oai co Escu 3 M > • N 0 CD e m CO 4-0 N W O c VI len EL 3 .9cycled Water Workshop for New Council (Feb 201ti;) kecom mend a Rate Based on Policy Guidelines (Feb X013) Submit Draft of Master PI; Submit Final Master Plan (Apr 2013) Adopt Master Plan (May 2013) 10 AGENDA MEMORANDUM Public Hearing /1St reading for the City Council Meeting of November 20, 2012 2nd reading for the City Council Meeting of December 11, 2012 DATE: TO: November 7, 2012 Ronald L. Olson, City Manager FROM: Dan Biles, P.E., Director of Engineering Services DanB@cctexas.com (361)826 -3081 Pete Anaya, P.E., Director of Planning and Environmental Services PeteAn@cctexas.com (361)826 -3781 ADA Master Plan CAPTION: Ordinance amending the Comprehensive Plan of the City of Corpus Christi by adoption of the Corpus Christi ADA Master Plan; providing for repeal of conflicting ordinances; and providing for severance PURPOSE: The purpose of this Agenda Item is to provide a planning document as a basis for initiating design and construction projects as prioritized by the ADA Master Plan as funding becomes available. BACKGROUND AND FINDINGS: The ADA Title II Comprehensive Evaluation and Transition Plan (Transition Plan) was adopted by City Council on February 11, 2003. The Transition Plan evaluated the magnitude of ADA improvements that needed to be addressed by the City and formulated a plan for implementation and included an estimate of $125 million for curb ramps citywide. This ADA Master Plan supplements the Transition Plan and evaluates not only the curb ramps which need to be constructed but also the accessible routes connecting the curb ramps along arterial and collector streets. The ADA Master Plan is a planning document which prioritizes ADA improvements within public right -or -ways in areas where Capital Improvements and Bond Projects have not been identified. The priorities are based on: 1. Access to City, State and Public Buildings 2. Access to Major Transportation Routes (Bus Routes) and 3. Access to Places of Public Accommodation. The total estimated Project Cost in 2012 dollars is $66 million. A public hearing was held and the plan approved by the Planning Commission meeting on Wednesday, September 26, 2012. ALTERNATIVES: Do not approve ordinance. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The City Council must approve all amendments to the Comprehensive Plan of the City of Corpus Christi. EMERGENCY / NON - EMERGENCY: Non - Emergency. As per City policy, a public hearing must be held to amend the Comprehensive Plan of the City of Corpus Christi. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: There is no budget impact from this Agenda Item. RECOMMENDATION: City staff recommends approval of the ADA Master Plan as an element of the Corpus Christi Comprehensive Plan. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Comprehensive Plan of the City of Corpus Christi by adoption of the Corpus Christi ADA Master Plan; providing for repeal of conflicting ordinances; and providing for severance. WHEREAS, in accordance with proper notice to the public, a public hearing was held on September 26, 2012, during a meeting of the Planning Commission, and on November 13, 2012, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard regarding the proposed Corpus Christi ADA Master Plan; WHEREAS, under the laws of the State of Texas and the City Charter of the City of Corpus Christi, the City Council shall adopt the Comprehensive Plan and amendments to the Comprehensive Plan by ordinance; and WHEREAS, the City Council has determined that the adoption of the Corpus Christi ADA Master Plan, an element of the Comprehensive Plan of the City of Corpus Christi, would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Comprehensive Plan of the City of Corpus Christi, Texas, is amended by the adoption of the Corpus Christi ADA Master Plan. A copy of the ADA Master Plan is on file with the Office of the City Secretary. SECTION 2. The ADA Master Plan adopted by this ordinance supplements the ADA Title 11 Comprehensive Evaluation and Transition Plan adopted on February 11, 2003. SECTION 3. The ADA Master Plan establishes the City of Corpus Christi's policies for implementing Americans with Disabilities Act improvements for curb ramps, sidewalks, and connectivity improvements to public facilities and includes a design standard for ADA improvements. The ADA Master Plan is a portion of the Comprehensive Plan of the City of Corpus Christi. SECTION 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. Where any provision of this ordinance, or the plan adopted under this ordinance, imposes standards or restrictions different from those imposed by any other provision of the any other City of Corpus Christi ordinance, rule, or regulation, the provisions of, and plan adopted under, this ordinance control. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. 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: Kelly Allen Nelda Martinez Rudy Garza Colleen McIntyre Priscilla Leal Lillian Riojas David Loeb Mark Scott Chad Magill The foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Kelly Allen Nelda Martinez Rudy Garza Colleen McIntyre Priscilla Leal Lillian Riojas David Loeb Mark Scott Chad Magill PASSED AND APPROVED this the day of , 2012. ATTEST: Armando Chapa City Secretary 0012_2_Ordinance - ADA Plan Adoption Ord 20121005 Page 2 of 2 Nelda Martinez Mayor AGENDA MEMORANDUM Future Item for the City Council Meeting of 11/20/2012 Action Item for the City Council Meeting of 12/04/2012 DATE: TO: November 2, 2012 Ronald L. Olson, City Manager FROM: Yasmine Chapman, Director of Human Resources YasmineC@cctexas.com (361) 826 -3315 Continuing TMRS Updated Service Credits for Current Participants and Increases for Prior and Current Annuities. CAPTION: An ordinance authorizing and allowing, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions; and providing for severance. PURPOSE: The purpose of this ordinance is to adhere to the negotiation of "Updated Service Credits" and "Increased Prior and Current Service Annuities" in the collective bargaining agreement with CCPOA, Government Accounting Standards, as interpreted by the City's external auditor, dictating that the City must record the liability as if annually repeating for the term of the contract (which ends on July 31, 2015). BACKGROUND AND FINDINGS: On July 27, 2004, for an effective date of January 1, 2005, Council adopted "Updated Service Credits" and "Increased Prior and Current Service Annuities" on an annual basis (annually repeating, not requiring approval by Council each year). Ordinance 025865. On December 7, 2010 Council approved the contract with the Corpus Christi Police Officer's Association (CCPOA), which included provisions for "Updated Service Credits" and "Increased Prior and Current Service Annuities" on an "Ad Hoc" basis. On December 14, 2010 Council approved Ordinance 028892 authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2011. On November 15, 2011, Council approved Ordinance 029290 authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2012. ALTERNATIVES: None. The City is restricted by the terms of the collective bargaining agreement with the CCPOA and provisions of the state statute governing TMRS. This is a five year contract which is effective from August 1, 2010 through July 31, 2015. OTHER CONSIDERATIONS: Given the negotiation of "Updated Service Credits" and "Increased Prior and Current Service Annuities" in the collective bargaining agreement with CCPOA, Government Accounting Standards, as interpreted by the City's external auditor, dictate that the City must record the liability as if annually repeating for the term of the contract (which ends on July 31, 2015). For calendar year 2012, the rate calculated by TMRS under the Ad Hoc provision is 10.33% however the City budgeted and is contributing 14.8% since January 2012 in an attempt to address the liability issue. With the adoption of these benefits, the City's full contribution rate for 2013 will be 10.83 %. CONFORMITY TO CITY POLICY: Adoption of this ordinance is in accordance with the Agreement negotiated with the Corpus Christi Police Officers' Association. EMERGENCY / NON - EMERGENCY: Non - emergency, Ordinance - Two readings (11/20/12, 12/04/12) DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2012- 2013 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 adoption of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance An ordinance authorizing and allowing, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions; and providing for severance. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. Authorization of Updated Service Credits. (a) On the terms and conditions set out in Sections 853.401 through 853.403 of Subtitle G of Title 8, Government Code, as amended (hereinafter referred to as the "TMRS Act "), each member of the Texas Municipal Retirement System (hereinafter referred to as the "System ") who has current service credit or prior service credit in the System in force and effect on the 1st day of January of the calendar year preceding such allowance, by reason of service in the employment of the City, and on such date had at least 36 months of credited service with the System, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in subsection (d) of Section 853.402 of said title) in an amount that is 100% of the "base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section 853.402 of said title). The Updated Service Credit hereby allowed shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. (b) In accordance with the provisions of subsection (d) of Section 853.401 of said title, the deposits required to be made to the System by employees of the several participating departments on account of current service shall be calculated from and after the date aforesaid on the full amount of such person's earnings as an employee of the City. Section 2. Increase in Retirement Annuities. (a) On terms and conditions set out in Section 854.203 of Subtitle G of Title 8, Government Code, as amended, the City hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of the City under current service annuities and prior service annuities arising from service by such employees to this City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. Page 1 of 3 (b) The amount of the annuity increase under this Section is computed as the sum of the prior service and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 70% of the percentage change in Consumer Price Index for All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this Section. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereby. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of this City and of its account in the municipality accumulation fund of the System. Section 3. Effective Date. Subject to approval by the Board of Trustees of the System, this ordinance shall be and become effective on the 1st day of January 2013. Section 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , 2012. ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor Page 3 of 3 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 20, 2012 Action Item for the City Council Meeting of December 11, 2012 DATE: TO: Ronald L. Olson, City Manager November 6, 2012 FROM: Floyd Simpson, Chief of Police flovdsCa�cctexas. com 886 -2604 Accepting and appropriating the FY 2012 Port Security Grant Program (PSGP) CAPTION: Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $22,268 from the U.S. Department of Homeland Security FEMA for funding eligible under the FY 2012 Port Security Grant Program to purchase law enforcement equipment for the Police Department; and appropriating the $22,268 in the No. 1061 Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: The PSGP grant provides funding to local law enforcement in a coordinated effort to strengthen homeland security preparedness, including the security of the country's critical infrastructure. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $22,268.00 $22,268.00 BALANCE $22,268.00 $22,268.00 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award document Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $22,268 from the U.S. Department of Homeland Security FEMA for funding eligible under the FY 2012 Port Security Grant Program to purchase law enforcement equipment for the Police Department; and appropriating the $22,268 in the No. 1061 Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of $22,268 from the U.S. Department of Homeland Security FEMA for funding eligible under the FY 2012 Port Security Grant Program to purchase law enforcement equipment for the Police Department. SECTION 2. That $22,268 is appropriated in the No 1061 Police Grants Fund from the Department of Homeland Security FEMA for funding eligible under the 2012 Port Security Grant Program to purchase law enforcement equipment for the police department. 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: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor Floyd Simpson Corpus Christi, City of P.[}. Box S277 1201 Leopard Corpus Christi, TX 78469 Re: Grant No. EMW-2012-PU-00053 Dear Floyd S : U.S. Department of Homeland Security Washington, D.C. 20472 Congratulations, on behalf of the Department of H nd Security Your b hted under the FY 2012 Port Security Grant Program has been approved. The approved project costs amount to $22,268.00 . As part of your award omckmge, you will find Grant Agreement Articles. Please make sure you read and understand the Articles as they outline the terms and conditions of your Grant award. Maintain a copy of these documents for your official file. Before you request and receive any of the Federal Grant funds awarded to you, you must establish acceptance of the Grant and Grant Agreement Articles. In order to establish acceptance of the Grant and Grant Agreement Articles, please follow these instructions: Step 1: Please go on-line the ND G https://portal.fema.gov. After logging in, you will see a subtitle Grants Management. Under this subtitle, you will see a link that says Award Package(s). Click this link to access your award packages. Click the Review Award Package link to review and accept the award package for your award. Please print your award package for your records. Step 2: Please fill out and hoveyourbunhcomnp|etemndoigntheSF11SSA.DirsctDepooitSign'upFonn.ThaSF119SA should be sent directly from your financial institution to the FEMA Finance Center, via fax or mail to the Vendor Maintenance Office (see address below). The 1199A form will not be accepted unless it is received directly from the financial institution. Please pay careful attention to the instructions on the form. FEMA Finance Center Attn: Vendor Payment P.O. Box 9001 Winchester, VA 22604 Fax Number: (540) 504-1857 If you have any questions or concerns regarding the process to request your grant funds, please caII 1-866-927-5646. ELIZABETH HARMAN, Assistant Administrator Grant Programs Directorate '1- Agreement Articles 2012-09-01 00:00:00.0 U.S. Department of Homeland Security Washington, D.C. 20472 AGREEMENT ARTICLES Port Security Grant Program GRANTEE: Corpus Christi City of PROGRAM: Port Security Grant Program AGREEMENT NUMBER: E(NVV-2012'PU-00053-G01 Article Article II Article III Article IV Article V Article VI Article VII Article VIII Article IX Article Article XI Article XII Article XIII Article XIV ArtideXV Article XVI Article XVII Article XVIII TABLE OF CONTENTS - 2 - Summary Description of Project Administrative Requirements GPD - Trafflcking Victims Protection Act of 2000 GPD - Drug-Free Workplace Regulations FIy America Act of 1974 Lobbying Prohibitions Activities Conducted Abroad Acknowledgement of Federal Funding from DHS Copyright Use of DHS Seal, Logo and Flags DHS Specific Achnowledgements and Assurances Civil Rights Act of 1964 Civil Right Act of 1968 Americans with Disabilities Act of 1990 Age Discrimination Act of 1975 Title IX of the Education Amendments of 1972 Rehabilitation Act of 1973 Limited English Proficiency Article XIX Animal Welfare Act of 1966 Article )0( Clean Air Act of 1970 and Clean Water Act of 1977 Article )0(1 Protection of Human Subjects Article )0(11 National Environmental Policy Act (NEPA) of 1969 Article )0(111 National Flood Insurance Ac of 1968 Article )0(|V Flood Distaster Protection Act of 1973 Article XXV Coastal Wetlands Planning, Protection, and Restoration Act of 1990 Article XXVI USA Patriot Act of 2001 Article 1 - Summary Description of Project Project 1: Dive Team Breathing Air Compressor is approved for funding in the amount of $22,268. Article 11 - Administrative Requirements The administrative requirements that apply to mos DHS award recipients through a grant or cooperative agreement arise from two sources: - Office of Management and Budget (OMB) Circular A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (also known as the "A-102 Common Rule"), found under FEMA regulations at Title 44, Code of Federal Regulations (CFR) Part 13, "Uniform Administrative Requirements for Grants and CooponsUveAgreomnontatoSbabaandLoca|Govenn/�nt�"'O�NBCirou|orA,11O Uniform Governments." ~' ' Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations, relocated to 2 CFR Part 215. The requirements for allowable costslcost principles are contained in the A-102 Common Ru|e, OMB Circular A-110 /2CFFl§ 215.27), DHS program legislation, Federal awarding agency regulations, and the terms and conditions of the award. The four costs principles circulars are as follows: - OMB Circular A-21, Cost Principles for Educational Institutions, relocated to 2 CFR Part 220. - OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments, relocated to 2CFR Part 226�'OW1BQrou|arA-122. Cost Phnuip|eaforNon-pnofitC>rgonizaUonm.na|ooatedto2(�FRpad23D - 230. Circular A-133, Audits of States, Local Governments and Non-Profit Organizations. Article 111 - GPD - Trafficking Victims Protection Act of 2000 All recipients of financial assistance will comply with the requirements of the government-wide award term which implements Section lV6(])oithe Trafficking Victims Protection Ac (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 CFR Part 175. This is implemented in accordance with OMB Interim Final Guidanuo, Federal Register, Volume 72, No. 218, November 13, 2007.In accordance with the statutory requirement, in each agency award under which funding is provided to a private entity, Section 106(g) of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the recipient or a subrecipient - (a) Engages in severe forms of trafficking in persons during the period of time that the award is in effect; (b) Procures a commercial sex act during the period of time that the award is in effect; or (c) Uses forced labor in the performance of the award or subawards under the award. Full text of the award term is provided at 2 CFR § 175.16. Article IV - GPD - Drug-Free Workplace Regulations All recipients of financial assistance will comply with the requirements of the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), which requires that all organizations receiving grant from any Federal agency agree to maintain a drug-free workplace. The recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for debarment. These regulations are codified at 2 CFR 3001. Article V - Fly America Act of 1974 All recipients of financial assistance will comply with the requirement of the Preference for U.S. Flag Air Carriers: Travel supported by U.S. Government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. -3- § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942. Article VI - Lobbying Prohibitions None of the funds provided under an award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal of any Federal contract, grant, loan, cooperative agreement. These lobbying prohibitions can be found at 31 U.S.C. § 1352. Article VII - Activities Conducted Abroad All recipients of financial assistance will comply with the requirements that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article VIII - Acknowledgement of Federal Funding from DHS All recipients of financial assistance will comply with requirements to acknowledge Federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. Article IX - Copyright All recipients of financial assistance will comply with requirements that publications or other exercise of copyright for any work first produced under Federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations). For any scientific, technical, or other copyright work based on or containing data first produced under this award, including those works published in academic, technical or professional journals, symposia proceedings, or similar works, the recipient grants the Government a royalty -free, nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative works, and to authorize others to do so, for Government purposes in all such copyrighted works. The recipient shall affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under an award. Article X - Use of DHS Seal, Logo and Flags All recipients of financial assistance must obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article XI - DHS Specific Achnowledgements and Assurances All recipients of financial assistance must acknowledge and agree -and require any subrecipients, contractors, successors, transferees, and assignees acknowledge and agree -to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS. 2. Recipients must give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Component and /or awarding office. The United States has the right to seek judicial enforcement of these obligations. Article XII - Civil Rights Act of 1964 -4- II recipients of financial assistance will comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Article XIII - Civil Right Act of 1968 All recipients of financial assistance will comply with Title VIII of the Civil Rights Act of 1968, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C.§ 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 CFR Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units -i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) -be designed and constructed with certain accessible features (see 24 CFR § 100.201). Article XIV - Americans with Disabilities Act of 1990 All recipients of financial assistance will comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12101- 12213). Article XV - Age Discrimination Act of 1975 All recipients of financial assistance will comply with the requirements of the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. Article XVI - Title IX of the Education Amendments of 1972 All recipients of financial assistance will comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), which provides that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. These regulations are codified at 44 CFR Part 19. Article XVII - Rehabilitation Act of 1973 All recipients of financial assistance will comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which provides that no otherwise qualified handicapped individual in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. These requirements pertain to the provision of benefits or services as well as to employment. Article XVIII - Limited English Proficiency All recipients of financial assistance will comply with the requirements of Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin and resulting agency guidance, national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI, recipients must take reasonable steps to ensure that LEP persons have meaningful access to your programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Recipients are encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. For assistance and information regarding LEP obligations, go to http: / /www.lep.gov. Article XIX - Animal Welfare Act of 1966 All recipients of financial assistance will comply with the requirements of the Animal Welfare Act, as amended (7 U.S.C. § 2131 et seq.), which requires that minimum standards of care and treatment be provided for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public. Recipients must establish appropriate policies and procedures for the humane care and use of animals based on the Guide for the Care and Use of Laboratory Animals and comply with the Public Health Service Policy and Government Principles Regarding the Care and Use of Animals. Article XX - Clean Air Act of 1970 and Clean Water Act of 1977 -5- All recipients of financial assistance will comply with the requirements of 42 U.S.C. § 7401 et seq. and Executive Order 11738, which provides for the protection and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters is considered research for other purposes. Article XXI - Protection of Human Subjects All recipients of financial assistance will comply with the requirements of the Federal regulations at 45 CFR Part 46, which requires that recipients comply with applicable provisions /law for the protection of human subjects for purposes of research. Recipients must also comply with the requirements in DHS Management Directive 026 -04, Protection of Human Subjects, prior to implementing any work with human subjects. For purposes of 45 CFR Part 46, research means a systematic investigation, including research, development, testing, and evaluation, designed to develop or contribute to general knowledge. Activities that meet this definition constitute research for purposes of this policy, whether or not they are conducted or supported under a program that is considered research for other purposes. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable State and local law and is not directly regulated by 45 CFR Part 46. Article XXII - National Environmental Policy Act (NEPA) of 1969 All recipients of financial assistance will comply with the requirements of the National Environmental Policy Act (NEPA), as amended, 42 U.S.C. § 4331 et seq., which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for its grant- supported activities, DHS requires the environmental aspects of construction grants (and certain non - construction projects as specified by the Component and awarding office) to be reviewed and evaluated before final action on the application. Article XXIII - National Flood Insurance Act of 1968 All recipients of financial assistance will comply with the requirements of Section 1306(c) of the National Flood Insurance Act, as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate State or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are codified at 44 CFR Part 63. Article XXIV - Flood Distaster Protection Act of 1973 All recipients of financial assistance will comply with the requirements of the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. § 4001 et seq.), which provides that no Federal financial assistance to acquire, modernize, or construct property may be provided in identified flood -prone communities in the United States, unless the community participates in the National Flood Insurance Program and flood insurance is purchased within one year of the identification. The flood insurance purchase requirement applies to both public and private applicants for DHS support. Lists of floodprone areas that are eligible for flood insurance are published in the Federal Register by FEMA. Article XXV - Coastal Wetlands Planning, Protection, and Restoration Act of 1990 All recipients of financial assistance will comply with the requirements of Executive Order 11990, which provides that federally funded construction and improvements minimize the destruction, loss, or degradation of wetlands. The Executive Order provides that, in furtherance of Section 101(b)(3) of NEPA (42 U.S.C. § 4331(b)(3)), Federal agencies, to the extent permitted by law, must avoid undertaking or assisting with new construction located in wetlands unless the head of the agency finds that there is no practicable alternative to such construction, and that the proposed action includes all practicable measures to minimize harm to wetlands that may result from such use. In making this finding, the head of the agency may take into account economic, environmental, and other pertinent factors. The public disclosure requirement described above also pertains to early public review of any plans or proposals for new construction in wetlands. This is codified at 44 CFR Part 9. Article XXVI - USA Patriot Act of 2001 All recipients of financial assistance will comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175 -175c. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful -6- purpose. The act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the act, may not possess, ship, transport, or receive any biological agent or toxin that is listed as a select agent. - 7 - Obligating Document for Award/Amendment la. AGREEMENT NO. 2. 3. RECIPIENT NO. EMW-2012-PU-00053-S01 AMENDMENT746000574X NO. 6. RECIPIENT NAME AND ADDRESS Corpus Christi, City of P. 0. Box 9277 1201 Leopard Corpus Christi, TX, 78469 9. NAME OF RECIPIENT PROJECT OFFICER Pat Eldridge 11. EFFECTIVE DATE OF THIS ACTION 09/01/2012 7. ISSUING FEMA OFFICE AND ADDRESS Grant Operations 245 Murray Lane - Building 410, SW Washington DC, 20528-7000 POC: 866-927-5646 PHONE NO. (361) 886-2696 12. 4. TYPE OF 5. CONTROL NO. ACTION W503973N AWARD 8. PAYMENT OFFICE AND ADDRESS Financial Services Branch 500 C Street, S.W., Room 723 Washington DC, 20472 10. NAME OF FEMA PROJECT COORDINATOR Central Scheduling and Information Desk Phone: 800-368-6498 Email: Askcsid@dhs.gov 13. ASSISTANCE ARRANGEMENT 14. PERFORMANCE PERIOD METHOD Cost Reimbursement OF PAYMENT PARS 15. DESCRIPTION OF ACTION a. (Indicate funding data for awards or financial changes) PROGRAM CFDA NO. NAME ACRONYM Port Security 97.056 Grant Program TOTALS ACCOUNTING DATA (ACCS CODE) XXXX-XXX-XXXXXX- XXXX.X-XXXX-XXXX-X PRIOR TOTAL AWARD From: 09/01/2012 Budget Period 09/01/2012 AMOUNT CURRENT AWARDED TOTAL THIS AWARD ACTION OR (-) 2012-SL-PSG-1000-4101- 50.00 $22,268.00 $22,268.00 D:W503973N $ 22,268.00 To: 08/31/2014 08/31/2014 CUMULATIVE NON- FEDERAL COMMITMENT $0.00 50.00 $22,268.00 $22,268.00 $0.00 b. To describe changes other than funding data or financial changes, attach schedule and check here. N/A 16 a. FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) Port Security Grant Program recipients are not required to sign and return copies of this document. However, recipients should print and keep a copy of this document for their records. 16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) Floyd Simpson, Chief of Police 18. FEMA SIGNATORY OFFICIAL (Name and Title) ":1711" f NATALIE ROMANOFF , Assistance Officer -8- 4. 8 - DATE 10/24/2012 DATE 08/17/2012 Ordinance Appropriating $85,000 from the unreserved fund balance in No. 9010 Crime Control District Fund for "One- time" expenditures in the FY 2012 -2013 operating budget; and changing the FY 2012 -2013 operating budget adopted by Ordinance No. 029577 by increasing appropriations by $85,000. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $85,000 is appropriated from the unreserved fund balance in the No. 9010 Crime Control District Fund for "One- time" expenditures in the FY 2012 -2013 operating budget. SECTION 2. That the FY 2012 -2013 Operating Budget, adopted by Ordinance No. 029577, is changed by increasing appropriations by $85,000. 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: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 2012. ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM Public Hearing and First Reading for the City Council meeting of 12 -11 -2012 Second Reading for the City Council meeting of 12 -18 -2012 DATE: November 26, 2012 TO: Ron L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Planning and Environmental Services 826 -3781 petea n(c� cctexas. com Proposed Commercial Compatible and Industrial Compatible Districts CAPTION: Ordinance amending the Unified Development Code ( "UDC ") by establishing new section 4.8 "Compatible Districts" in Article 4 "Base Zoning Districts" and revising related provisions of the UDC to include the "Table of Contents" and subsections 1.11.2 "Abbreviations," 1.11.3 "Defined Terms," 7.4.3 "Allowed Outside Display, Sales and Storage," 7.5.3.A "Single Tenant Freestanding Sign," 7.5.3.0 "Multi- Tenant (3 or more Tenants) Freestanding Sign," and 7.9.5 "Zoning District Buffer Yard —New Development;" amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, severance, penalties, publication, and an effective date. PURPOSE: Two new zoning districts are proposed for use under airport flight zones, or next to refineries or any other area that could pose potential hazards to adjacent uses. The Commercial Compatible and Industrial Compatible Districts do not permit any residential uses or uses that are likely to congregate large groups of people. BACKGROUND AND FINDINGS: The City's Joint Land Use Study, while not complete, has identified several critical land use and zoning issues that should be addressed as soon as possible. Navy use guidelines for land under flight zones recommend a limitation on residential uses or uses that would congregate large groups of people. Currently, the City does not have a commercial or industrial zoning district that restricts uses that could allow congregation of large groups of people. While the need for the districts originated with the Joint Land Use Study, the districts will be useful wherever there is a threat to public health and safety. (Airport flight zones, near refineries, near major water treatments facilities, manufacturing facilities, etc.) These two districts do not allow uses that are likely to congregate large groups of people including educational facilities, churches, bars, clubs, restaurants, or uses that are likely to have more than 50 people per acre. Highlights from the two districts are: • The intensity of Commercial and Industrial uses are controlled by a FAR (Floor Area Ratio) similar to the Navy AICUZ Guidelines. The FAR is the ratio of building area to lot area. In general, the allowed intensity is a FAR of 0.11 or about 1/3 of the normal floor area for a developed commercial or industrial property (FAR 0.33). • Exceptions to the FAR of 0.11 include warehousing uses, which are encouraged with a 1.0 FAR. • Height of structures is limited to two stories. • It should be noted that many of the uses in the two districts are not shown as permitted in the Navy Guidelines. Therefore, the use list should be considered a compromised between what the Navy would like and what is normally permitted in a commercial or industrial district. • The variety of uses in the two districts is not unprecedented, as staff used the City of San Antonio use list in their Airport Overlay District as a model for developing the list of uses in the Commercial and Industrial Compatible Districts. ALTERNATIVES: Adoption of the Navy Use Guidelines was considered as some areas around the country have adopted the Navy Use Guidelines (See Attached Navy Guidelines). However, where the Navy Use Guidelines have been adopted verbatim, the areas are rural areas and not urban areas such as in Corpus Christi. OTHER CONSIDERATIONS: Joint Land Use Technical Advisory Group recommended approval on August 31, 2012. Staff and Planning Commission recommended approval of the Compatible District amendments on September 26, 2012. The proposed amendments to the Unified Development Code included billboards as a permitted use in the Industrial Compatible District. After the Planning Commission had taken action the City's Joint Land Use Study Consultants (Matrix Design Group) and the Navy suggested that billboard signs be deleted from the Industrial Compatible District (Section 7.5.23). Matrix Design Group, indicated billboards are likely to pose a lighting and or height hazard in flight zones. The Matrix Design Group comment on billboards has been attached. Staff is recommending that the City Council adopt an ordinance (see attached) that does not include billboards as a permitted use in the Industrial Compatible District consistent with the Matrix Design Group (City Consultants) and Navy suggestions. The proposed Compatible Districts are the first of several actions concerning changes to City ordinances and codes related to airport protection and implementation of Joint Land Use Study recommendations. CONFORMITY TO CITY POLICY: Corpus Christi Policy Statements AREAS SURROUNDING EXISTING PRIVATE, PUBLIC, AND MILITARY AIRPORTS SHOULD BE DEVELOPED IN A MANNER THAT IS COMPATIBLE WITH THE OPERATION OF THE AIRPORTS. Airports are characterized by high levels of noise and the potential for accidents under the major flight patterns. Properties in the immediate vicinity of the airports should be required to develop in a manner that is sensitive to expected levels of noise and which will not subject residents to unreasonable risk due to possible accidents. Adopted Flour Bluff Area Development Plan - Goals Encourage sensible and appropriate development adjacent to Naval Air Station facilities. The presence of the Naval Air Station is important to the economy of Corpus Christi and every effort should be made to encourage their continued operation. EMERGENCY / NON - EMERGENCY: Non - emergency, with two readings. DEPARTMENTAL CLEARANCES: The Development Services Department and the Planning and Environmental Services Departments recommend adoption of the attached ordinance which does not include billboards. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ CIP 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: NA RECOMMENDATION: Staff recommends approval LIST OF SUPPORTING DOCUMENTS: Air Installation Compatible Use Zone Map Air Installation Compatible Use Zone Guidelines (AICUZ) Matrix Design Group Comment Excerpt from Planning Commission Minutes PowerPoint Presentation Staff Recommended Ordinance (without Billboards) Ordinance amending the Unified Development Code ( "UDC ") by establishing new section 4.8 "Compatible Districts" in Article 4 "Base Zoning Districts" and revising related provisions of the UDC to include the "Table of Contents" and subsections 1.11.2 "Abbreviations," 1.11.3 "Defined Terms," 7.4.3 "Allowed Outside Display, Sales and Storage," 7.5.3.A "Single Tenant Freestanding Sign," 7.5.3.0 "Multi- Tenant (3 or more Tenants) Freestanding Sign," and 7.9.5 "Zoning District Buffer Yard —New Development;" amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, severance, penalties, publication, and an effective date. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations regarding an amendment to the UDC for creation of two new zoning districts, the Commercial Compatible District and the Industrial Compatible District: WHEREAS, the City Council has determined that certain uses which may congregate large groups of people, such as schools, churches, and commercial and industrial uses, may not be appropriate under airport flight zones or near hazardous public or private industrial facilities; WHEREAS, the City Council has determined that this amendment to the UDC to establish two new commercial and industrial compatible use districts is necessary to protect the public health, safety, and general welfare of the City of Corpus Christi and its citizens; and WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 26, 2012, during a meeting of the Planning Commission, and on Tuesday, December 11, 2012, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ( "UDC ") is amended by establishing new section 4.8 "Compatible Districts," including its subparts and Tables 4.8.2 and 4.8.3, under Article 4 "Base Zoning Districts" to read as follows: "§ 4.8 Compatible Districts "4.8.1 Purpose Statements "A. Commercial Compatible District 0019_2_ Ordinance - Compatible Districts without billboards vFinal4 wo billboards 20121115 Page 1 of 12 "The Commercial Compatible ( "CC ") District provides for a wide range of business uses in appropriate locations, which can provide a buffer between residential uses and intensive public facilities, private businesses and manufacturing uses which could present a threat to public health, safety and welfare. District uses are not characterized by uses that congregate large groups of people, unscreened outdoor storage, or uses that create nuisance factors of dust, odor and noise associated with certain business and manufacturing uses. "B. Industrial Compatible District "The Industrial Compatible ( "IC) District provides for a wide range of industrial uses in appropriate locations, which can provide a buffer between residential uses and intensive public facilities, private businesses and manufacturing uses which could present a threat to public health, safety and welfare. District uses are not characterized by uses that congregate large groups of people, unscreened outdoor storage, or uses that create nuisance factors of dust, odor and noise associated with certain business and manufacturing uses. "4.8.2. Permitted Uses "The following principal uses are permitted by right, permitted subject to limitations, or require a special use exception or special permit in the "CC" Commercial Compatible and "IC Industrial Compatible zoning districts. Uses may be subject to additional limitations as specified in Section 6.5 when located inside a Navy Air Installation Compatible Use Zone ( "AICUZ ") (which includes Clear and Accident Potential Zones 1 and 2). "Table 4.8.2. Permitted Uses COMMERCIAL AND INDUSTRIAL COMPATIBLE DISTRICTS' P = Permitted Use L = Subject to UI UI Area Limitations SUE = Special Use Exception SP = Special Permit [blank cell] = Not Permitted Public and Civic Uses Government Facility Uses [5.1.3.D] except P P 0.1 1 0019_2_ Ordinance - Compatible Districts without billboards vFinal4 wo billboards 20121115 Page 2 of 12 for: Detention facility; auditorium; cafeteria; fuel storage, above ground; helipad, heliport or landing field. Parks and Open Area Uses [5.1.3.F] P P 0.11 except for: Clubhouse; Concessions; Reservoir. Social Service Uses - Treatment Centers P P 0.11 only, provided, there are no residents Utilities, minor [5.1.3J] except for: P P 5.2.6 Storm water retention facilities Commercial Uses Commercial Parking Uses [5.1.4.A] P P Office Uses [5.1.4.C] except for: P P 0.11 TV and radio studio. Truck stop provided no-overnight P 0.11 4.6.2 accommodations Retail Sales and Service Uses, sales- and P P 0.11 5.2.12 service- oriented [5.1.4.G] Includes personal service uses Retail Sales and Service Uses, repair- P P 0.11 5.2.13 oriented [5.1.4.G] except for: Vocational trade or business school Farmers market P P 0.11 5.2.9 Self- Service Storage Uses [5.1.4.H] P P 1.00 5.2.14 Crematorium (animal) P 0.11 Vehicle Sales and Service Uses [5.1.4.1] P P 0.11 Water- Oriented Uses [5.1.4.J] except for: P P 0.11 0019_2_ Ordinance - Compatible Districts without billboards vFinal4 wo billboards 20121115 Page 3 of 12 Restaurants; Ferry/water taxi, Fuel storage above ground Industrial Uses Light Industrial Service Uses [5.1.5.A], P 0.14 5.2.17 except for: Fuel storage above ground; cafeterias; Laboratory, research or experimental P 0.14 Warehouse and Freight Movement Uses P 1.0 [5.1.5.8] except for : Stockpiling of sand, caravel, or other aggregate materials; Fuel Storage above ground Waste - Related Service, only including P 0.14 Recycling Center and Solid or liquid waste transfer (no composting) Land Fill; Fuel Storage above ground 5.2.23 Wholesales Trade Uses [5.1.5.D] except P P 0.28 5.2.16 for: Cafeteria Other Uses Kennel or animal shelter, indoor P 5.2.18 Kennel or animal shelter, indoor or P 5.2.18 outdoor Pasturage P P Grazing P P 'The uses in Table 4.8.2 shall not allow a density greater than 50 occupants per acre. "Table 4.8.3. Nonresidential Use 0019_2_ Ordinance - Compatible Districts without billboards vFinal4 wo billboards 20121115 Page 4 of 12 SECTION 2. The "Table of Contents" page of the UDC is amended by revising the table to include a reference to new section 4.8, to be titled "Compatible Districts," which section will follow existing page 195, use pagination beginning with page 195 -1 and numbered sequentially to include the content contained in Section 1 of this ordinance, and end prior to page 196, at which point an introductory table begins for section 5.1 of the UDC. SECTION 3. Subsection 1.11.2 of the UDC, entitled "Abbreviations," is amended by revising the subsection to include the terms for the Commercial Compatible District and Industrial Compatible District, denoted as "CC" and "IC" respectively, to read as follows: "§ 1.11.2 Abbreviations Abbreviation CC i IC Min Lot Area (sq. ft.) IC Industrial Compatible District Min. Lot Width (ft.) Min. Yards (ft.) Street 20 20 Street (corner) 20 20 Side (single) 5 5 Side (total) 10 10 Rear 10 10 Side and rear, abutting res. district See Section 4.2.8.0 Max Height (ft.) 25 [ 25 SECTION 2. The "Table of Contents" page of the UDC is amended by revising the table to include a reference to new section 4.8, to be titled "Compatible Districts," which section will follow existing page 195, use pagination beginning with page 195 -1 and numbered sequentially to include the content contained in Section 1 of this ordinance, and end prior to page 196, at which point an introductory table begins for section 5.1 of the UDC. SECTION 3. Subsection 1.11.2 of the UDC, entitled "Abbreviations," is amended by revising the subsection to include the terms for the Commercial Compatible District and Industrial Compatible District, denoted as "CC" and "IC" respectively, to read as follows: "§ 1.11.2 Abbreviations Abbreviation Term CC Commercial Compatible District IC Industrial Compatible District SECTION 4. Subsection 1.11.3 of the UDC, entitled "Defined Terms," is amended by revising the subsection to include a new term "Floor Area Ratio," defined to read as follows: "Floor Area Ratio (FAR): The area of a building or buildings on a lot divided by the lot area." 0019_2_ Ordinance - Compatible Districts without billboards vFinal4 wo billboards 20121115 Page 5 of 12 SECTION 5. Subsection 7.4.3 of the UDC and its corresponding Table 7.4.3 are amended by revising the table to read as follows: "7.4.3 Allowed Outside Display, Sales and Storage "Three types of storage shall be allowed in the zoning districts designated in the table. Outside retail display may be allowed in nonresidential zoning districts not designated in the table in accordance with the procedures for obtaining a special permit in Section 3.6. "Table 7.4.3 Allowable Storage (per zoning district) CN, CR Outside Retail Display CG CI, CC IL IH IC Outside Retail Sales Outside Storage SECTION 6. Subsection 7.5.3.A of the UDC, entitled "Single Tenant Freestanding Sign," is amended by revising the subsection to read as follows: "7.5.3.A Single Tenant Freestanding Sign One freestanding sign shall be permitted per street frontage or per lot and shall pertain only to the uses conducted within the buildings located on the premise. Changeable copy signs, including automatic changeable copy signs are allowed as provided in Subsection 7.5.12. "1. Freestanding signs placed within this minimum front yard depth as specified in Article 4 are not to exceed 64 feet in area or 20 feet in height. Such sign located within the front yard shall not overhang or project into the public right -of- way nor utilize or incorporate flashing illumination. In the event two front yards overlap at a corner, the area of overlap shall be designated as only one front yard. "2. Freestanding signs located beyond the front yard requirement in the "ON" Neighborhood Office District, "CN- 1" Neighborhood Commercial District, "CN -2" Commercial Business District, "CG -1" General Commercial District, "CG -2" General Commercial District, "CI" Intensive Commercial District, "CBD" Downtown Commercial District, "IL" Light Industrial District ate,. "IH" Heavy Industrial District, "CC" Commercial Compatible District and "IC" 0019_2_ Ordinance - Compatible Districts without billboards vFinal4 wo billboards 20121115 Page 6 of 12 Industrial Compatible District are regulated per street type as classified in the Urban Transportation Plan and as listed below and per Subsection 7.5.4 Arterial Street Sections Regulated as Collector Street Sections: "a.* a. * * * <<3 * * * * * 11 SECTION 7. Subsection 7.5.3.0 of the UDC, entitled "Multi- Tenant (3 or more Tenants) Freestanding Sign," is amended by revising the subsection to read as follows: "7.5.3.0 Multi- Tenant (3 or more Tenants) Freestanding Sign One freestanding sign for building /same project /development of 25,000 square feet or less or two freestanding signs for building /same project development greater than 25,000 square feet shall be permitted, per street frontage, per lot or individual primary building and shall pertain only to the uses conducted within the buildings located on the premise. Signs for building /same project /development shall be separated by a minimum of 150 feet. Changeable copy signs, including automatic changeable copy signs are allowed as provided in Subsection 7.5.12. "1. Freestanding signs placed within the minimum front yard depth as specified in Article 4 are not to exceed 64 feet in area or 20 feet in height. Such sign located within the front yard shall not overhang or project into the public right -of- way nor utilize or incorporate flashing illumination. In the event of two front yards overlap at a corner, the area of overlap shall be designated as only one front yard. "2. Freestanding signs located beyond the front yard requirement in the "ON" Neighborhood Office District, "CN- 1" Neighborhood Commercial District, "CN -2" Commercial Business District, "CG -1" General Commercial District, "CG -2" General Commercial District, "CI" Intensive Commercial District, "CBD" Downtown Commercial District, "IL" Light Industrial District ate,. "IH" Heavy Industrial, "CC" Commercial Compatible District and "IC" Industrial Compatible District are regulated per street type as classified in the Urban Transportation Plan and as listed 0019_2_ Ordinance - Compatible Districts without billboards vFinal4 wo billboards 20121115 Page 7 of 12 below and per Subsection 7.5.4 Arterial Street Sections Regulated as Collector Street Sections: "a. a. * * * "3 * * * * * 11 SECTION 8. Subsection 7.5.15 of the UDC, entitled "Multi- Tenant (3 or more Tenants) Freestanding Sign," is amended by revising the subsection to read as follows: "7.5.15 Permanent Signs Allowed in the Business and Industrial Districts. The following freestanding and wall signs may be allowed in the business, professional office and industrial districts, including the overlay districts, except to the extent specifically modified by the rules in a particular district. Where the rules for a specific district deviate from these general rules, the specific deviation may be effective in that district, subject to its terms, but the remainder of the general rules in this Section may apply in that district. "A. Applicability "1. The provisions of this Section may apply to the following districts: ON, Office; CN, Neighborhood Commercial; CR, Resort Commercial; CG, General Commercial; CI, Intensive Commercial; CBD Downtown Commercial; BP, Business Park; 1 -2; a IH, Heavy Industrial; CC, Commercial Compatible; and IC, Industrial Compatible. "2 * "B. * "C. Table of Sign Types "A sign type listed below is allowed as a permanent sign in any district which contains a "P" in the cell where the district intersects that sign type and prohibited in any district which contains an "NP" in the cell where the district intersects that sign type. Sign types allowed are further 0019_2_ Ordinance - Compatible Districts without billboards vFinal4 wo billboards 20121115 Page 8 of 12 limited by height, size and other restrictions included elsewhere in this Section. 0019_2_ Ordinance - Compatible Districts without billboards vFinal4 wo billboards 20121115 Page 9 of 12 ~ 2 re 0 7 z 0 N z 0 M ce 0 7 ce 0 N ce 0 7 0 0 N 0 0 U m 0 m J = 81 21 Z' wrJ r. r.�f, ,� .s . ,z .. r ,...' f.t a,,r. „ f, f z r r9 f »r ,'3� ✓f. `i ,;.,f, 'srJ ' ✓ rt, sr % a s ' s 3�r, �' ai`+'>,�,>v Tv'.?3r'.3 P,.�,�,.s :1,r F ,.., : :, nLfzrlt /rlf�il�frar anzrlfJa.ss:,€s4,cmth/ILr`I..i/ r ,. , i`J?: -, tt J,a tr >.. /. r z s,.,u, f I,`'r'��..?.,r»,r fr .1f, „ c; .r1 �, r�€ ,, rnr r: ✓l �cf�raa��L >r,,z.• r :5> ��i. , t. > rl ,+" w, sn, /; ✓ -'.r ��,v /,c5x Z »vvvvx..�,.s .. ?/. rJ �,. 7G s , P,.1 rY DIY „r r /, 3L �, >srr,(rflr.,�.r .J ✓r.: t �, {)�.. » >.£ Is„ 6+ i . r .z rTt J )..,.,.�`, farmcss:,r?,<, r n Y. rfr,' ,� z'.r. c rv: >} , ,a,�tf. - ..z,o, .r Irrzr" �m. ss, ✓ S€ n s >�a ,f } ✓.t -ro� ✓, / r:»fr. .-/ �f v cf� /�F'"3 �. rl�frrzrt ,, r. frr, } }t.. �. �f`r ,L.. .rr.. 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Ji', �/ t F,. „xzerx vJ, :,X`rF f. .,G f f✓ � .., r ✓ ,,,r.> ff frr. r. ✓'a .XIFt> .s v,,.�TL l€,<, r 1,� ;.S ?fo { , ?, .fs frr,.lz., .,a. r ,r fi : �., .+r£, '"„fsZ,elr7�zrl {�t8,vv,a�, ,!f € -,. sz.<, lu ,r ru ..G,» .,F f - �sr'!> m . „ rF> , >» 3, F >. ?zrz2 Billboard(4) NP NP NP NP NP NP NP NP NP P PP PP NP NP NP Canopy or Marquee Sign(2) P P P PP PP PP PP PP P P P P Monument Sign P P P PP PP PP PP PP P P P P Pole Sign NP P P P NP NP NP P PP PP PP PP P Roof Sign NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP Wall Sign(1) P P P PP PP PP P NP P P P P P P t ,.r »r F, .;" !, <,. m r` M fP ' .Y r 6 r, �,j A , ' Ptsn.,•o /r rt�� ^.;,.,F, h,., ,.,r,., ,., ,., ,r�7.f1:rr%�rFirF�f�r'/ f a ,:"„ i,LIZ... S` f .t.T ,,'l..,e , €;', >, {Y,� 3rrrrrrs r,,,,,r3 rliti�f�:? sa. J .. ✓ ✓/ /F' F .. 'I.., 'J, rt rf,s rdrf�f�r� /r�lrri�f�: €xr , €;', >, {Y,� - i,,,,,r3 ?sa.rdrf�f�r�/ /F' F .. 'I.,., 'J, rf rf rm r �" f .€�r , €;', >, {Y,� - i,,,,,r3 �1iri�f�tasa.rdrf�f�r�/ /F' F .. 'I> , 'J, rf rf rm , :r �" f .€�r , €;', >, {Y,� - i,,,,,r3 �1 iti�f�:? sa. r'r � A •e 'I> , 'J, rf rf,s rdrf�f�r�/ r�lrr �" f .€xr , €;', >, {Y,� - i,,,,,r3 i�f�:? sa. ,,"r /F' F .. 'I.., 'J, rf rf,s rdrf�f�r�/ r�lrr �" f .€�r , €;', >, {Y,� - i,,,,,r3 i�f�t` sa. ,,``, /F' F .. 'I.., 'J, rf rf,s rdrf�f�r� /r�lrri�f�: :r ,L�Gr €xr , €;', >, {Y,� - i,,,,,r3 ?sa.rdrf�f�r: .fst � A r 'I.., v£ 'J, rf rf r3 ?sa ,. f .L l U1l,,J jr�.r � ✓'i..,, // ,,,,,,,1 r.tff�r{�rs 'al ,F >�Y J;or Lr. t .fin r�' >,.,er, i, rf rf rn.' %rf�f�r� /r Manual Changeable Copy P P P PP PP PP PP PP P P P P Automatic Changeable Copy(3) P P P PP PP PP PP PP P P P P Whirling, Revolving NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP — NP — Noise Producing NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP 0019_2_ Ordinance - Compatible Districts without billboards vFinal4 wo billboards 20121115 Page 9 of 12 "P in a cell means that the sign type or characteristic is allowed in that district, subject to additional dimensional and other standards set forth for individual districts. "NP in a cell means that the sign type or characteristic is not allowed in that district. "NOTES TO TABLE: "1. For design standards for wall signs, see Subsection 7.5.3. "2. For design standards for canopy or marquee signs, see Subsection 7.5.9. "3. For design and operating standards for automatic changeable copy signs, see Subsection 7.5.12. "4. For standards for the size, location and replacement of billboards, see Subsection 7.5.21." SECTION 9. Subsection 7.5.20 of the UDC, entitled "Temporary and Portable Signs Allowed in the Nonresidential Districts," is amended by revising the subsection to read as follows: "7.5.20. Temporary and Portable Signs Allowed in the Nonresidential Districts "A. Applicability "B. The provisions of this Section may apply to the following districts: RM -3, Multi- family 3; ON, Office; CN, Neighborhood Commercial; CR, Resort Commercial; CG, General Commercial; CI, Intensive Commercial; CBD, Downtown Commercial; 10, Island Overlay; BP, Business Park; IL, Light Industrial; and Heavy Industrial; CC, Commercial Compatible; and IC, Industrial Compatible. * "C. Portable Signs Generally "Portable signs are allowed in the following districts: 10, Island Overlay; CR -1 District; BP District. Portable signs are not allowed in the following districts: ON District; CN Districts; CR -2 District; CR -3 District; CG Districts; IL District; IH District; CC District; and IC District. "D * * * 11 0019_2_ Ordinance - Compatible Districts without billboards vFinal4 wo billboards 20121115 Page 10 of 12 SECTION 10. Subsection 7.9.5 of the UDC, entitled "Zoning District Buffer Yard —New Development," is amended by revising the subsection to read as follows: "7.9.5 Zoning District Buffer Yard - New Development "A. Requirements - New Development The following table shall be used to determine the type of zoning district buffer yard required between adjacent zoning districts. "Table 7.9.5.A Required Zoning District Buffer yard (New Development) Subject Property Zoning District FR3 RE, RS F Adjacent RS -TH, RS -TF Property RM, R -MH, RV, Zoning CN1, ON CR District - CN2,CG, CI,BP, CBD IL IH CC IC FR -- -- -- A A A A A A A RE, RS -- -- -- B B C D E C C RS -TH, RS -TF -- -- -- B B C D E C RM, R -MH, RV A B B -- A A C E A CC CN', ON, CR A B B A -- -- B D CN2,CG, CI, BP,CBD, CC A C C A -- A C --- A IL IC A D D C B A -- A A IH A E E E C C A -- C 1- Nonresidential development with a single user of 25,000 sf or less. 2 -- Nonresidential development with a single user of more than 25,000 sf. 3-When an abutting parcel is vacant and zoned Farm Rural, the parcel developed second is responsible for the installation of a zoning district buffer yard." SECTION 11. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 12. All ordinances or parts of ordinances in conflict with this ordinance are expressly repealed. SECTION 13. If, for any reason, any section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this ordinance is held to be invalid or unconstitutional by final judgment of a court of competent jurisdiction, such judgment shall not affect any other section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, para- 0019_2_ Ordinance - Compatible Districts without billboards vFinal4 wo billboards 20121115 Page 11 of 12 graph, subdivision, sentence, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. SECTION 14. 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. Unless otherwise specifically stated within the provisions of this ordinance or the Code of Ordinances, City of Corpus Christi, any violation of this ordinance or the requirements implemented under this ordinance that is punishable by a fine that exceeds the amount authorized by Section 12.23 of the Texas Penal Code shall require a culpable mental state of "criminal negligence." SECTION 15. 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 16. This ordinance takes effect on the day following the date of publication. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following votes: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza, Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following votes: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza, Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 2012. 0019_2_ Ordinance - Compatible Districts without billboards vFinal4 wo billboards 20121115 Page 12 of 12 ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor 0019_2_ Ordinance - Compatible Districts without billboards vFinal4 wo billboards 20121115 Page 13 of 13 I.) st (1) 0- C7, CD CL, L.7■'' ... c E ol ol 0 17 0 0 CO a u>s 0 >, zni ,66 • .. c c,_ - 0 u GO ----. V) 6. 7 0 t Th .E. ,__ 7,7, f.11 Sic - - = 5 a.) ,... 17-r Q Q.) • cn - C- = 775,...) r" t(......i.. 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Z 5 < c -el c _a Z ti • c o __, CL 0 Z -• 1 cu -s, • - i c‘ .rti co 2 0 - - - ..- F..... Z Matrix Design Group Comment On Oct 23, 2012, at 1:05 PM, "Celeste Werner" <celeste werner@matrixdesigngroup.com> wrote: We recommend that billboards are not located within the Compatible District. If billboards are located within the District we recommend they are NOT LED lights. Regular billboard lights, if located within this District should be fully shielded with full cut off light fixtures. Celeste Boccieri — Werner, AICP Vice President Matrix Design Group, Inc. 2224 W. Northern Avenue, Suite D240 1 Phoenix, AZ 85021 1 Office MINUTES REGULAR PLANNING COMMISSION MEETING City Hall Council Chambers September 26, 2012 5:30 P.M. COMMISSIONERS: A. Javier Huerta, Chairman Govind Nadkarni, Vice Chairman Mark Adame Fred Braselton ** Marco Castillo * ** Gabriel Guerra Chris Hamilton Mike Lippincott * * ** Philip Ramirez * *Arrived at 5:38 p.m. ** *Arrived at 5:35 p.m. * ** *Arrived at 5:38 p.m. I. CALL TO ORDER STAFF: Mark Van Vleck, P.E., Interim Director, Development Services Sylvia Carrillo, Assistant Director, Development Services Pete Anaya, P.E., Planning Director Robert Payne, AICP, Senior Planner Miguel S. Saldana, AICP, Senior Planner Annika Gunning, Project Manager Marcie Downing, Assistant City Attorney Jamie Pyle, P.E., Engineering Services Linda Williams, Recording Secretary The meeting was called to order by Chairman Huerta at 5:33 p.m. and a quorum was declared. IV. PUBLIC HEARING AGENDA ITEMS — Discussion and Possible Action on the Following Items: B. Amendment to the Unified Development Code (UDC) (cont.) Mr. Payne continued that for protection of the Navy's mission and continued development of future plans through the Joint Land Use Study (JLUS), it was a high priority and has become very important to proceed with creating the two new zoning districts proposed for use under airport flight zones or next to refineries or any other area that poses a potential hazard to its adjacent uses. Mr. Payne stated the proposed Commercial and Industrial Compatible Districts would not permit any residential uses or uses that congregate large groups of people. Mr. Payne provided a brief summary of the two districts: • The intensity of both districts (commercial and industrial) were controlled by floor area ratio similar to the Navy AICUZ guidelines; Planning Commission Regular Meeting September 26, 2012 Page 2 • Height structure limited to two stories; • Many of the uses in the two districts were not shown as permitted uses in the Navy guidelines and the use list should be considered a compromise between what the Navy would like and what was normally allowed in the two districts; and • The variety of uses allowed in the two districts were not unique since Staff used the City of San Antonio's use list included in their Airport Overlay District as a model. Mr. Payne continued that as an alternative, adoption of the Navy Use Guidelines was also considered as other cities have adopted their guidelines. Mr. Payne added that in those areas where the guidelines were adopted verbatim, they were rural areas and not urban. After Mr. Payne's presentation, the floor was opened for comments by commissioners. Commissioner Braselton asked how the map shown in the handout related to what was being proposed at tonight's meeting and Mr. Payne stated that the proposed districts were potential choices for those areas that were not developed. Commissioner Braselton asked Mr. Payne if he was referring to "retro- zoning" and Mr. Payne replied no. Mr. Payne continued that in proposing the zoning districts, it would indicate to the Navy that the City was doing something to curtail the potential threat of disaster. Vice Chairman Nadkarni asked Mr. Payne what would be done between tonight's meeting and before the amendment was adopted and what restrictions would be in place until the amendment was adopted. Commissioner Castillo stated the next step would be if the zoning was put in place and someone petitioned the City for a zoning change before the Planning Commission take action on this item, he felt the commission should have a legal briefing on this before the City adopts this amendment. Commissioner Castillo continued that this would add "tools" to better handle any issues or concerns that may result of this amendment. Commissioner Castillo stated he would like to request that the City sponsors these zoning applications that may come in. Mark Van Vleck, Interim Director, Development Services, stated that based on the commissioners' comments and questions, legal staff will be requested to provide a legal brief to present at a future meeting. Commissioner Hamilton asked if the proposed zoning districts were based on Navy guidelines and regulations and Mr. Payne stated the Navy's guidelines were much more restrictive than what Staff was proposing. Commission Hamilton asked if implementing the proposed zoning districts would be enough to keep the Navy Base from leaving the area and Mr. Payne (K:DEVSVCS \ SHARED \ 1. PC2012\2012PCMI NUTES \092612.PCMINUTES) Planning Commission Regular Meeting September 26, 2012 Page 3 stated there were no guarantees, but by implementing the zoning districts would show the Navy that the City was going in the right direction. After all comments and discussion concluded by commissioners, the public hearing was opened. Jason Luby, 9847 Daisy Drive, addressed the commission. Mr. Luby stated he addressed the commission at the September 12th meeting. Mr. Luby continued he was very concerned with the proposed zoning districts and the impact it would have on the land owners. Mr. Luby restated that he has a contract pending on the sale of his property and the passage of these zoning districts would hinder development. Mr. Luby continued that the proposed zoning districts would not impact a BRAC decision and what was needed was for the citizens to work more closely with the elected officials in trying to keep the bases open. Mr. Luby stated he felt the Navy was using the threat of possible base closure as a tool of threat to get the zoning districts passed. After Mr. Luby's comments, the public hearing was closed. After a brief discussion by commissioners, Chairman Huerta called for a motion. Motion to approve a proposed amendment to the Corpus Christi Unified Development Code by amending Section 1.11.2 Definitions, 1.11.3 Defined Terms and adding Section 4.8 Compatible Districts and other appropriate sections was made by Commissioner Ramirez and seconded by Commissioner Ham ilton. After the motion was on the floor, Vice Chairman Nadkarni asked for clarification as to whether the approval was for the amendment to the Unified Development Code only and not placing any areas to be included and Mr. Payne stated the approval was for the amendment to the UDC. Motion passed. (K:DEVSVCS \ SHARED \ 1. PC2012\2012PCMI NUTES \092612.PCMINUTES) AGENDA MEMORANDUM Action Item for the City Council Meeting of December 11, 2012 DATE: TO: Ronald L. Olson, City Manager December 4, 2012 FROM: Armando Chapa, City Secretary armandoc@cctexas.com (361) 826 -3105 Changing Council Meeting Start Time CAPTION: Motion changing the start time of City Council Meetings from 12:00 Noon to 11:30 am beginning on December 18, 2012. PURPOSE: Mayor Nelda Martinez is requesting to change the start time of the council meetings to 11:30 am beginning on December 18, 2012. City Council Policy requires council approval for meeting time changes. BACKGROUND AND FINDINGS: ALTERNATIVES: OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Not applicable. EMERGENCY / NON - EMERGENCY: Non - Emergency. DEPARTMENTAL CLEARANCES: Not applicable. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: None. AGENDA MEMORANDUM Future Agenda for the City Council Meeting of November 20, 2012 Action Item for the City Council Meeting of December 11, 2012 DATE: December 11, 2012 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP ©cctexas.com (361) 826 -3227 Refunding of Existing General Improvement Bonds CAPTION: A. Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the City of Corpus Christi, Texas General Improvement Refunding Bonds, Series 2012C and for the City of Corpus Christi, Texas General Improvement Refunding Bonds, Taxable Series 2012. B. Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas General Improvement Refunding Bonds, Series 2012C ", levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the Bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the Bonds, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent /registrar agreement; a purchase contract, and an escrow and trust agreement; complying with the letter of representations on file with the depository trust company; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of the bonds, and providing an effective date. C. Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas General Improvement Refunding Bonds, Taxable Series 2012 ", levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the Bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the Bonds, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent /registrar agreement; a purchase contract, and an escrow and trust agreement; complying with the letter of representations on file with the depository trust company; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of the bonds, and providing an effective date. PURPOSE: In light of the low municipal bond interest rates (both tax - exempt and taxable), there is an opportunity for the City of Corpus Christi to refund existing general obligation /improvement bonds to achieve annual savings. BACKGROUND AND FINDINGS: The City currently has 9 outstanding general obligation /general improvement bond issuances that are eligible for refunding due to the low interest rate environment that currently exists. Four of these issuances are being recommended for a tax - exempt refunding. They are: General Improvement Bonds, Series 2001; Hotel Occupancy Tax Certificates of Obligation, Series 2002; General Improvement Refunding Bonds, Series 2003; and Marina Certificates of Obligation, Series 2005. Part B of this agenda item addresses this refunding. It is estimated that the net present value savings from this refunding will be approximately $5.0 million or 14.8 %. Five issuances are being recommended for a taxable refunding. They are Certificates of Obligation, Series 2004; Certificates of Obligation, Series 2005; General Improvement Refunding, Series 2005; Certificates of Obligation, Series 2006; and Certificates of Obligation, Series 2008. All of these issuances relate to the landfill and are being recommended as a taxable refunding not only to benefit from the low interest rate environment but also to enable initiatives at the landfill to occur that might involve private business use that would be otherwise prohibited under IRS regulations if financed with tax - exempt municipal bonds. Part C of this agenda item addresses this refunding. It is estimated that the net present value savings from this refunding will be approximately $4.4 million or 4.6 %. Issuance of bonds requires utilization of a financing team which is made up of three parts: the financial advisor, bond counsel, and the underwriting syndicate. Part A of this agenda item authorizes the appointment of M. E. Allison & Co., Inc. as financial advisor for these transactions. See Exhibit A for the Financial Advisor's fee schedule. Fulbright & Jaworski L.L.P. is currently under contract with the City to serve as the City's bond counsel and will serve as the second part of our financing team. The third part of the financing team is the underwriters, and selection of the syndicate of underwriters from the City's pool of approved underwriters is being recommended for delegation to the Mayor, City Manager, Assistant City Manager, and Director of Financial Services in Parts B and C of this agenda item. Because of the fluctuating conditions in the municipal bond market, our financial advisor has recommended that the City Council delegate to the Mayor, City Manager, and Assistant City Manager (the "Delegated Officials ") the authority to effectuate the sale of the transactions when the market warrants. The City's bond counsel has also confirmed that the City can delegate the sale of these bonds to the Delegated Officials in the manner outlined above pursuant to the authority contained in Chapter 1371, as amended, Texas Government Code. Parts B and C of this agenda item will authorize this delegation. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: Issuance of municipal obligations are exempted from the City of Christi's charter provision regarding dual reading and /or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTAL CLEARANCES: • Bond Counsel • Legal Department FINANCIAL IMPACT: Part B — Tax Exempt Refunding ❑Not Applicable X Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - Debt Payments - - $43,550,522 $ 43,550,522 Encumbered /Expended amount of (date) - - - This item - $ 38,056,075 $ 38,056,075 BALANCE - - $5,494,447 $ 5,494,447 FUND(S): Debt Service Fund COMMENTS: The $5,494,447 noted above represents savings in debt payments by refunding the general improvement /obligation bonds for the remaining life of the bonds — through 2026. This represents a net present value savings of $5,035,822. Part C — Taxable Refunding ❑Not Applicable X Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - Debt Payments - - $170,424,567 $ 170,424,567 Encumbered /Expended amount of (date) - - - This item - $ 164,416,288 $ 164,416,288 BALANCE - - $6,008,279 $ 6,008,279 FUND(S): Debt Service Fund COMMENTS: The $6,008,279 noted above represents savings in debt payments by refunding the into general improvement /obligation bonds into taxable bonds for the remaining life of the bonds — through 2038. This represents a net present value savings of $4,366,770. RECOMMENDATION: Staff recommends approval of the motion and ordinances as presented. LIST OF SUPPORTING DOCUMENTS: Exhibit A Ordinances (�. slaw. Jac. 1 NVESTMENT BANKERS FINANCIAL ADVISORY FEE SCHEDULE GENERAL OBLIGATION BONDS More than And Not More than $ $ 250,000 $7,500 plus $20.00 per $1,000 for all over $150,000 250,000 350,000 $9,500 plus $10.00 per $1,000 for all over $250,000 350,000 500,000 $10,500 plus $8.00 per $1,000 for all over $350,000 500,000 700,000 $11,700 plus $7.00 per $1,000 for all over $500,000 700,000 1,000,000 $13,100 plus $6.00 per $1,000 for all over $700,000 1,000,000 1,500,000 $14,900 plus $5.00 per $1,000 for all over $1,000,000 1,500,000 5,000,000 $17,400 plus $3.00 per $1,000 for all over $1,500,000 5,000,000 10,000,000 $27,900 plus $1.65 per $1,000 for all over $5,000,000 10,000,000 20,000,000 $36,150 plus $1.00 per $1,000 for all over $10,000,000 20,000,000 No Limit $46,150 plus $0.85 per $1,000 for all over $20,000,000 REVENUE BONDS AND COMBINATION TAX & REVENUE CERTIFICATES OF OBLIGATION In the event the Bonds to be issued are Revenue Bonds or Combination Tax and Revenue Certificates of Obligation, Refunding, Direct Pay Subsidy or Lease Purchase Obligations, the fee shall be the amount computed from the above schedule, plus 25 %. EXHIBIT A AGENDA MEMORANDUM Future Agenda for the City Council Meeting of November 20, 2012 Action Item for the City Council Meeting of December 11, 2012 DATE: December 11, 2012 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP ©cctexas.com (361) 826 -3227 Refunding of Existing General Improvement Bonds CAPTION: A. Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the City of Corpus Christi, Texas General Improvement Refunding Bonds, Series 2012C and for the City of Corpus Christi, Texas General Improvement Refunding Bonds, Taxable Series 2012. B. Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas General Improvement Refunding Bonds, Series 2012C ", levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the Bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the Bonds, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent /registrar agreement; a purchase contract, and an escrow and trust agreement; complying with the letter of representations on file with the depository trust company; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of the bonds, and providing an effective date. C. Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas General Improvement Refunding Bonds, Taxable Series 2012 ", levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the Bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the Bonds, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent /registrar agreement; a purchase contract, and an escrow and trust agreement; complying with the letter of representations on file with the depository trust company; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of the bonds, and providing an effective date. PURPOSE: In light of the low municipal bond interest rates (both tax - exempt and taxable), there is an opportunity for the City of Corpus Christi to refund existing general obligation /improvement bonds to achieve annual savings. BACKGROUND AND FINDINGS: The City currently has 9 outstanding general obligation /general improvement bond issuances that are eligible for refunding due to the low interest rate environment that currently exists. Four of these issuances are being recommended for a tax - exempt refunding. They are: General Improvement Bonds, Series 2001; Hotel Occupancy Tax Certificates of Obligation, Series 2002; General Improvement Refunding Bonds, Series 2003; and Marina Certificates of Obligation, Series 2005. Part B of this agenda item addresses this refunding. It is estimated that the net present value savings from this refunding will be approximately $5.0 million or 14.8 %. Five issuances are being recommended for a taxable refunding. They are Certificates of Obligation, Series 2004; Certificates of Obligation, Series 2005; General Improvement Refunding, Series 2005; Certificates of Obligation, Series 2006; and Certificates of Obligation, Series 2008. All of these issuances relate to the landfill and are being recommended as a taxable refunding not only to benefit from the low interest rate environment but also to enable initiatives at the landfill to occur that might involve private business use that would be otherwise prohibited under IRS regulations if financed with tax - exempt municipal bonds. Part C of this agenda item addresses this refunding. It is estimated that the net present value savings from this refunding will be approximately $4.4 million or 4.6 %. Issuance of bonds requires utilization of a financing team which is made up of three parts: the financial advisor, bond counsel, and the underwriting syndicate. Part A of this agenda item authorizes the appointment of M. E. Allison & Co., Inc. as financial advisor for these transactions. See Exhibit A for the Financial Advisor's fee schedule. Fulbright & Jaworski L.L.P. is currently under contract with the City to serve as the City's bond counsel and will serve as the second part of our financing team. The third part of the financing team is the underwriters, and selection of the syndicate of underwriters from the City's pool of approved underwriters is being recommended for delegation to the Mayor, City Manager, Assistant City Manager, and Director of Financial Services in Parts B and C of this agenda item. Because of the fluctuating conditions in the municipal bond market, our financial advisor has recommended that the City Council delegate to the Mayor, City Manager, and Assistant City Manager (the "Delegated Officials ") the authority to effectuate the sale of the transactions when the market warrants. The City's bond counsel has also confirmed that the City can delegate the sale of these bonds to the Delegated Officials in the manner outlined above pursuant to the authority contained in Chapter 1371, as amended, Texas Government Code. Parts B and C of this agenda item will authorize this delegation. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: Issuance of municipal obligations are exempted from the City of Christi's charter provision regarding dual reading and /or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTAL CLEARANCES: • Bond Counsel • Legal Department FINANCIAL IMPACT: Part B — Tax Exempt Refunding ❑Not Applicable X Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - Debt Payments - - $43,550,522 $ 43,550,522 Encumbered /Expended amount of (date) - - - This item - $ 38,056,075 $ 38,056,075 BALANCE - - $5,494,447 $ 5,494,447 FUND(S): Debt Service Fund COMMENTS: The $5,494,447 noted above represents savings in debt payments by refunding the general improvement /obligation bonds for the remaining life of the bonds — through 2026. This represents a net present value savings of $5,035,822. Part C — Taxable Refunding ❑Not Applicable X Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - Debt Payments - - $170,424,567 $ 170,424,567 Encumbered /Expended amount of (date) - - - This item - $ 164,416,288 $ 164,416,288 BALANCE - - $6,008,279 $ 6,008,279 FUND(S): Debt Service Fund COMMENTS: The $6,008,279 noted above represents savings in debt payments by refunding the into general improvement /obligation bonds into taxable bonds for the remaining life of the bonds — through 2038. This represents a net present value savings of $4,366,770. RECOMMENDATION: Staff recommends approval of the motion and ordinances as presented. LIST OF SUPPORTING DOCUMENTS: Exhibit A Ordinances DRAFT 11 -7 -2012 ORDINANCE NO. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS AUTHORIZING THE ISSUANCE OF "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT REFUNDING BONDS, SERIES 2012C ", LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT /REGISTRAR AGREEMENT, A PURCHASE CONTRACT, AND AN ESCROW AND TRUST AGREEMENT; COMPLYING WITH THE LETTER OF REPRESENTATIONS ON FILE WITH THE DEPOSITORY TRUST COMPANY; DELEGATING THE AUTHORITY TO THE MAYOR AND CERTAIN MEMBERS OF THE CITY STAFF TO EXECUTE CERTAIN DOCUMENTS RELATING TO THE SALE OF THE BONDS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the City Council) of the City of Corpus Christi, Texas (the City) has heretofore issued, sold, and delivered, and there are currently outstanding obligations in the aggregate original principal amount of $ being the obligations set forth on Schedule I hereto which is incorporated by reference for all purposes to this ordinance (collectively, the Refunded Obligations); and WHEREAS, the City Council intends to issue an aggregate principal amount of $ in general improvement refunding bonds the proceeds of which will be utilized to provide for the (i) refunding of the Refunded Obligations and (ii) payment of the costs of issuance of the general improvement refunding bonds; and WHEREAS, pursuant to the provisions of Chapter 1207, as amended, Texas Government Code (the Act), the City Council is authorized to issue refunding bonds and deposit the proceeds of sale under an escrow agreement to provide for the payment of the Refunded Obligations, and such deposit, when made in accordance with the Act, shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Refunded Obligations; and WHEREAS, the Act permits that the deposit of the proceeds from the sale of the refunding bonds be deposited directly with any designated escrow agent which is not the depository bank of the City; and WHEREAS, when firm banking arrangements have been made for the payment of principal of and interest to the stated maturity or redemption dates of the Refunded Obligations, then the Refunded Obligations shall no longer be regarded as outstanding except for the purpose 52322636.3 of receiving payment from the funds provided for such purpose and may not be included in or considered to be an indebtedness of the City for the purpose of a limitation on outstanding indebtedness or taxation or for any other purpose; and WHEREAS, The Bank of New York Mellon Trust Company, N.A., Dallas, Texas currently serves as the paying agent for the Refunded Obligations; and WHEREAS, The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (which is not the depository bank of the City) is hereby appointed as the Escrow Agent (hereinafter defined) and The Bank of New York Mellon Trust Company, N.A., Dallas, Texas to serve as Paying Agent/Registrar (hereafter defined) for the general improvement refunding bonds; and WHEREAS, the City Council also hereby finds and determines that the Refunded Obligations are scheduled to mature or are subject to being redeemed, not more than twenty (20) years from the date of the refunding bonds herein authorized and being issued to restructure the City's debt service and associated tax rates in the coming years, will result in a net present value savings of $ and a gross savings of $ , exclusive of the City's cash contribution of $ ; and WHEREAS, the City Council hereby finds and determines that the issuance of the general improvement refunding bonds is in the best interests of the residents of the City, now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: SECTION 1. Authorization - Designation - Principal Amount - Purpose — Dated Date. General improvement refunding bonds of the City shall be and are hereby authorized to be issued in the aggregate principal amount of AND NO /100 DOLLARS ($ ), to be designated and bear the title of "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT REFUNDING BONDS, SERIES 2012C" (the Bonds), for the purpose of providing funds for the (i) discharge and final payment of the Refunded Obligations and (ii) payment of the costs of issuance of the Bonds, all in conformity with the laws of the State of Texas, particularly the Act, an ordinance adopted by the City Council on December 11, 2012, and the City's Home Rule Charter. As authorized by the Act, the Mayor of the City, the City Manager of the City, the Assistant City Manager for General Government and Operations Support, and the City's Director of Financial Services (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 Bonds authorized herein and carrying out the procedures specified in this Ordinance, including the following: 52322636.3 (1) Aggregate principal amount of each maturity of the Bonds; and (2) Rate of interest to be borne on the principal amount of each maturity; and (3) Interest payment dates; and -2- (4) Extraordinary, optional, and /or mandatory redemption provisions; and (5) Pricing of each series of Bonds, including use of premium, discount, underwriters' compensation, and costs of issuance; and (6) Underwriting syndicate for each series of Bonds, including the identification of the senior and book running manager and co- managers, respectively, for each such series; and (7) (8) Dated Date; and Further designation of each series of Bonds by year issued. Each Authorized Representative, acting for and on behalf of the City, is authorized to execute the Approval Certificate attached hereto as Schedule II. The Bonds shall be issued in the principal amount not to exceed $40,000,000; the maximum maturity of the Bonds will be March 1, 2024; and the net effective per annum interest rate shall not exceed a rate greater than 7.00% per annum calculated in a manner consistent with the provisions of Chapter 1204, as amended, Texas Government Code. The refunding of the Refunded Obligations shall result in a net present value saving to the City of not less than 3.00 %, excluding the City contribution and costs of issuance. Lastly, each Authorized Representative is authorized to select the bond insurer, if any, with respect to the Bonds. The execution of the Approval Certificate shall evidence the sale date of the Bonds by the City to the Purchasers (hereinafter defined) in accordance with the provisions of the Act. Upon execution of the Approval Certificate, Bond Counsel is authorized to complete this Ordinance to reflect such final terms applicable to the Bonds. SECTION 2. Fully Registered Obligations - Authorized Denominations - Stated Maturities - Interest Rates — Dated Date. The Bonds shall be issued as fully registered obligations, without coupons, shall be dated December 1, 2012 (the Dated Date), and shall be in denominations of $5,000 or any integral multiple thereof, and the Bonds shall become due and payable on March 1 in each of the years and in principal amounts (the Stated Maturities) and bear interest on the unpaid principal amounts from the Dated Date, or from the most recent Interest Payment Date (hereinafter defined) to which interest has been paid or duly provided for, to Stated Maturity, at the per annum rates, while Outstanding, in accordance with the following schedule: Years of Principal Interest Stated Maturity Amounts ($) Rates ( %) 2013 2014 2015 2016 2017 2018 52322636.3 -3- Years of Principal Interest Stated Maturity Amounts ($) Rates ( %) 2019 2020 2021 2022 2023 2024 The Bonds shall bear interest on the unpaid principal amount from the Dated Date or from the most recent Interest Payment Date (hereinafter defined) to which interest has been paid or duly provided for, to the earlier of redemption or Stated Maturity while Outstanding, at the rates per annum shown in the above schedule (calculated on the basis of a 360 -day year of twelve 30 -day months). Interest on the Bonds shall be payable on March 1 and September 1 in each year, commencing on March 1, 2013 (the Interest Payment Date), while the Bonds are Outstanding. SECTION 3. Payment of Bonds - Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Bonds, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and such payment of principal of, premium, if any, and interest on the Bonds shall be without exchange or collection charges to the Holder (as hereinafter defined) of the Bonds. The selection and appointment of The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (the Paying Agent /Registrar) to serve as the initial Paying Agent/Registrar for the Bonds is hereby approved and confirmed, and the City agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent/Registrar books and records (the Security Register) for the registration, payment, and transfer of the Bonds, all as provided herein, in accordance with the terms and provisions of a Paying Agent/Registrar Agreement, attached, in substantially final form, as Exhibit A hereto, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The City covenants to maintain and provide a Paying Agent/Registrar at all times while the Bonds are Outstanding, and any successor Paying Agent/Registrar shall be (i) a national or state banking institution or (ii) an association or a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers. Such Paying Agent/Registrar shall be subject to supervision or examination by federal or state authority and authorized by law to serve as a Paying Agent/Registrar. The City reserves the right to appoint a successor Paying Agent/Registrar upon providing the previous Paying Agent/Registrar with a certified copy of a resolution or ordinance terminating such agency. Additionally, the City agrees to promptly cause a written notice of this 52322636.3 -4- substitution to be sent to each Holder of the Bonds by United States mail, first -class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of, premium, if any, and interest on the Bonds, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable only to the registered owner of the Bonds appearing on the Security Register (the Holder or Holders) maintained on behalf of the City by the Paying Agent/Registrar as hereinafter provided (i) on the Record Date (hereinafter defined) for purposes of payment of interest on the Bonds, (ii) on the date of surrender of the Bonds for purposes of receiving payment of principal thereof upon redemption of the Bonds or at the Bonds' Stated Maturity, and (iii) on any other date for any other purpose. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder as the owner of a Bond for purposes of receiving payment and all other purposes whatsoever, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. Principal of and premium, if any, on the Bonds shall be payable only upon presentation and surrender of the Bonds to the Paying Agent/Registrar at its corporate trust office. Interest on the Bonds shall be paid to the Holder whose name appears in the Security Register at the close of business on the fifteenth day of the month next preceding an Interest Payment Date for the Bonds (the Record Date) and shall be paid (i) by check sent by United States mail, first -class postage prepaid, by the Paying Agent/Registrar, to the address of the Holder appearing in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested in writing by the Holder at the Holder's risk and expense. If the date for the payment of the principal of, premium, if any, or interest on the Bonds shall be a Saturday, a Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Bonds was due. In the event of a non - payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first -class postage prepaid, to the address of each Holder of a Bond appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4. Redemption. A. Optional Redemption. The Bonds having Stated Maturities on and after March 1, 20 shall be subject to redemption prior to Stated Maturity, at the option of the City, on March 1, 20 , 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 52322636.3 -5- the Paying Agent/Registrar), at the redemption price of par plus accrued interest to the date of redemption. B. Exercise of Redemption Option. At least forty -five (45) days prior to a date set for the redemption of Bonds (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of its decision to exercise the right to redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date set for the redemption thereof. The decision of the City to exercise the right to redeem Bonds shall be entered in the minutes of the governing body of the City. C. Selection of Bonds for Redemption. If less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall select at random and by lot the Bonds to be redeemed, provided that if less than the entire principal amount of a Bond is to be redeemed, the Paying Agent/Registrar shall treat such Bond then subject to redemption as representing the number of Bonds Outstanding which is obtained by dividing the principal amount of such Bond by $5,000. D. Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Bonds, a notice of redemption shall be sent by United States mail, first -class postage prepaid, in the name of the City and at the City's expense, by the Paying Agent/Registrar to each Holder of a Bond to be redeemed, in whole or in part, at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Bonds, (ii) identify the Bonds to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Bonds, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Bonds, or the principal amount thereof to be redeemed, shall be made at the corporate trust office of the Paying Agent/Registrar only upon presentation and surrender thereof by the Holder. This notice may also be published once in a financial publication, journal, or reporter of general circulation among securities dealers in the City of New York, New York (including, but not limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). If a Bond is subject by its terms to redemption and has been called for redemption and notice of redemption thereof has been duly given or waived as herein provided, such Bond (or the principal amount thereof to be redeemed) so called for redemption shall become due and payable, and if money sufficient for the payment of such Bonds (or of the principal amount thereof to be redeemed) at the then applicable redemption price is held for the purpose of such payment by the Paying Agent/Registrar, then on the redemption date designated in such notice, interest on said Bonds (or the principal amount thereof to be redeemed) called for redemption 52322636.3 -6- shall cease to accrue and such Bonds shall not be deemed to be Outstanding in accordance with the provisions of this Ordinance. E. Transfer/Exchange of Bonds. Neither the City nor the Paying Agent/Registrar shall be required (1) to transfer or exchange any Bond during a period beginning forty -five (45) days prior to the date fixed for redemption of the Bonds or (2) to transfer or exchange any Bond selected for redemption, provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance of a Bond which is subject to redemption in part. SECTION 5. Execution - Registration. The Bonds shall be executed on behalf of the City by its Mayor under the seal of the City reproduced or impressed thereon and attested by its City Secretary. The signature of any of said officers on the Bonds may be manual or facsimile. Bonds bearing the manual or facsimile signatures of individuals who were, at the time of the Dated Date, the proper officers of the City shall bind the City, notwithstanding that such individuals or either of them shall cease to hold such offices prior to the delivery of the Bonds to the Purchasers, all as authorized and provided in Chapter 1201, as amended, Texas Government Code. No Bond shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Bond either a certificate of registration substantially in the form provided in Section 8C, executed by the Comptroller of Public Accounts of the State of Texas or his duly authorized agent by manual signature, or a certificate of registration substantially in the form provided in Section 8D, executed by the Paying Agent/Registrar by manual signature, and either such certificate upon any Bond shall be conclusive evidence, and the only evidence, that such Bond has been duly certified or registered and delivered. SECTION 6. Registration - Transfer - Exchange of Bonds - Predecessor Bonds. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of every owner of the Bonds, or, if appropriate, the nominee thereof. Any Bond may, in accordance with its terms and the terms hereof, be transferred or exchanged for Bonds of other authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Bond to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender for transfer of any Bond at the corporate trust office of the Paying Agent/Registrar, the City shall execute and the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Bonds of authorized denomination and having the same Stated Maturity and of a like interest rate and aggregate principal amount as the Bond or Bonds surrendered for transfer. At the option of the Holder, Bonds may be exchanged for other Bonds of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Bonds surrendered for exchange upon surrender of the Bonds to be exchanged at the corporate trust office of the Paying Agent/Registrar. Whenever any 52322636.3 -7- Bonds are so surrendered for exchange, the City shall execute, and the Paying Agent/Registrar shall register and deliver, the Bonds to the Holder requesting the exchange. All Bonds issued upon any transfer or exchange of Bonds shall be delivered at the corporate trust office of the Paying Agent/Registrar, or be sent by registered mail to the Holder at his request, risk, and expense, and upon the delivery thereof, the same shall be the valid and binding obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Bonds surrendered upon such transfer or exchange. All transfers or exchanges of Bonds pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Bonds canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be Predecessor Bonds, evidencing all or a portion, as the case may be, of the same debt evidenced by the new Bond or Bonds registered and delivered in the exchange or transfer therefor. Additionally, the term Predecessor Bonds shall include any Bond registered and delivered pursuant to Section 17 in lieu of a mutilated, lost, destroyed, or stolen Bond which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Bond. SECTION 7. Initial Bonds. The Bonds herein authorized shall be initially issued as a single fully registered Bond in the aggregate principal amount of $ with principal installments to become due and payable as provided in Section 2 hereof and numbered T -1 (the Initial Bonds), and the Initial Bonds shall be registered in the name of the Purchasers or the designee thereof. The Initial Bonds shall be the Bonds submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Purchasers. Any time after the delivery of the Initial Bonds, the Paying Agent/Registrar, pursuant to written instructions from the Purchasers, or the designee thereof, shall cancel the Initial Bonds delivered hereunder and exchange therefor definitive Bonds of like kind and of authorized denominations, Stated Maturities, principal amounts bearing applicable interest rates, and shall be lettered "R" and numbered consecutively from one (1) upward for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the Purchasers, or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 8. Forms. A. Forms Generally. The Bonds, the Registration Certificate of Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Bonds shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including insurance legends in the event the Bonds, or any Stated Maturities thereof, are insured and identifying numbers and letters of the Committee on Uniform 52322636.3 -8- Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends and any reproduction of an opinion of counsel) thereon as may, consistent herewith, be established by the City or determined by the officers executing the Bonds as evidenced by their execution thereof. Any portion of the text of any Bond may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Bond. The definitive Bonds shall be printed, lithographed, or engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Bonds as evidenced by their execution thereof, but the Initial Bond(s) submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. 52322636.3 [The remainder of this page intentionally left blank.] -9- B. Form of Definitive Bond. REGISTERED REGISTERED NO. PRINCIPAL AMOUNT United States of America State of Texas Counties of Nueces, Aransas, Kleberg, and San Patricio CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT REFUNDING BOND, SERIES 2012C Dated Date: December 1, 2012 REGISTERED OWNER: PRINCIPAL AMOUNT: Interest Rate: Stated Maturity: CUSIP NO: The City of Corpus Christi, Texas (the City), a body corporate and a municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof, on the Stated Maturity date specified above, the Principal Amount specified above (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Dated Date or from the most recent interest payment date to which interest has been paid or duly provided for until such Principal Amount has become due and payment thereof has been made or duly provided for, to the earlier of redemption or Stated Maturity, while Outstanding, at the per annum rate of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on March 1 and September 1 of each year, commencing March 1, 2013. Principal on this Bond shall be payable to the Registered Owner hereof (the Holder), upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar executing the registration certificate appearing hereon or a successor thereof. Interest shall be payable to the Holder of this Bond (or one or more Predecessor Bonds, as defined in the Ordinance hereinafter referenced) whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of, and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first -class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by the Holder hereof at the Holder's risk and expense. 52322636.3 -10- This Bond is one of the series specified in its title issued in the aggregate principal amount of $ (the Bonds) pursuant to an ordinance adopted by the governing body of the City on December 11, 2012 (the Ordinance), for the purpose of providing funds for the (i) discharge and final payment of the Refunded Obligations and (ii) payment of the costs of issuance of the general improvement refunding bonds, under and in strict conformity with the laws of the State of Texas, including Chapter 1207, as amended, Texas Government Code, and the City's Home Rule Charter. The Bonds stated to mature on and after March 1, 20 may be redeemed prior to their Stated Maturities, at the option of the City, on March 1, 20 , or on any date thereafter, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar) at the redemption price of par plus accrued interest to the date of redemption; provided, however, that at least thirty (30) days prior written notice shall be sent to the Holder of the Bonds to be redeemed by United States mail, first -class postage prepaid, and subject to the terms and provisions relating thereto contained in the Ordinance. If this Bond is subject to redemption prior to Stated Maturity and is in a denomination in excess of $5,000, 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 Bond to the Paying Agent/Registrar at its corporate trust office, a new Bond or Bonds of like Stated Maturity and interest rate in any authorized denominations provided in the Ordinance for the then unredeemed balance of the principal sum hereof. If this Bond (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption has been duly given, then upon such redemption date this Bond (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and, if the money for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption is held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable hereon from and after the redemption date on the principal amount hereof to be redeemed. If this Bond is called for redemption, in whole or in part, the City or the Paying Agent/Registrar shall not be required to issue, transfer, or exchange this Bond within forty -five (45) days of the date fixed for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance hereof in the event of its redemption in part. The Bonds of this series are payable from the proceeds of an annual ad valorem tax levied upon all taxable property within the City within the limitations prescribed by law. Reference is hereby made to the Ordinance, a copy of which is on file in the corporate trust office of the Paying Agent/Registrar, and to all of the provisions of which the Holder by his acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Bonds; the terms and conditions relating to the transfer or exchange of the Bonds; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Bond may be redeemed or discharged at or prior to the Stated Maturity thereof, and deemed to be no longer 52322636.3 Outstanding thereunder; and for the other terms and provisions specified in the Ordinance. Capitalized terms used herein have the same meanings assigned in the Ordinance. This Bond, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by the Holder hereof, or his duly authorized agent, and thereupon one or more new fully registered Bonds of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder hereof whose name appears on the Security Register (i) on the Record Date as the owner hereof for purposes of receiving payment of interest hereon, (ii) on the date of surrender of this Bond as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity, or its earlier redemption, in whole or in part, and (iii) on any other date as the owner hereof for all other purposes, and neither the City nor the Paying Agent/Registrar, or any such agent of either, shall be affected by notice to the contrary. In the event of a non - payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first -class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, covenanted, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to the issuance of this Bond in order to render the same a legal, valid, and binding obligation of the City have been performed, exist, and have been done, in regular and due time, form, and manner, as required by the laws of the State of Texas and the Ordinance, and that the issuance of the Bonds does not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of, premium if any, and interest on the Bonds by the levy of a tax as aforestated. In case any provision in this Bond or any application thereof shall be deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. 52322636.3 [The remainder of this page intentionally left blank.] -12- IN WITNESS WHEREOF, the City has caused this Bond to be duly executed under its official seal. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) 52322636.3 [The remainder of this page intentionally left blank.] -13- C. *Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Bonds Only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) * Note to Printer: Not to appear on printed Bonds D. Form of Certificate of Paying Agent/Registrar to Appear on Definitive Bonds Only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Bond has been duly issued under the provisions of the within- mentioned Ordinance; the Bond or Bonds of the above - entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. Registered this date: 52322636.3 -14- THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Paying Agent/Registrar By: Authorized Signature E. Form of Assignment. AS SIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): (Social Security or other identifying number): the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular. Signature guaranteed: F. The Initial Bonds shall be in the respective forms set forth in paragraph B of this Section, except that the form of a single fully registered Initial Bond shall be modified as follows: (i) immediately under the name of the Bond(s) the headings "Interest Rate" and "Stated Maturity" shall both be completed "as shown below "; (ii) the first two paragraphs shall read as follows: Registered Owner: Principal Amount: The City of Corpus Christi, Texas (the City), a body corporate and municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount specified above on the first day of March in each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: 52322636.3 -15- Years of Principal Interest Stated Maturity Amounts ($) Rates ( %) (Information to be inserted from schedule in Section 2 hereof). (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Dated Date or from the most recent interest payment date to which interest has been paid or duly provided for, to the earlier of redemption or Stated Maturity, at the per annum rates of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on March 1 and September 1 of each year, commencing March 1, 2013. Principal of this Bond shall be payable to the Registered Owner hereof (the Holder), upon its presentation and surrender to Stated Maturity or prior redemption, while Outstanding, at the corporate trust office of The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (the Paying Agent /Registrar). Interest shall be payable to the Holder of this Bond whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first -class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder hereof. G. Insurance Legend. If bond insurance is obtained by the City or Purchasers (hereinafter defined), the Definitive Bonds and the Initial Bond(s) shall bear an appropriate legend as provided by the insurer. 52322636.3 [The remainder of this page intentionally left blank.] -16- SECTION 9. Definitions. For all purposes of this Ordinance (as defined below), except as otherwise expressly provided or unless the context otherwise requires: (i) the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections 21 and 38 of this Ordinance have the meanings assigned to them in such Sections, and all such terms include the plural as well as the singular; (ii) all references in this Ordinance to designated "Sections" and other subdivisions are to the designated Sections and other subdivisions of this Ordinance as originally adopted; and (iii) the words "herein ", "hereof', and "hereunder" and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. A. The term Authorized Officials shall mean the Mayor, the Mayor Pro Tem, the City Manager, the Assistant City Manager for Government and Operations Support, the Director of Financial Services, the City Secretary, and /or the City Attorney. B. The term Bond Fund shall mean the special Fund created and established by the provisions of Section 10 of this Ordinance. C. The term Bonds shall mean the $ "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT REFUNDING BONDS, SERIES 2012C" authorized by this Ordinance. D. The term City shall mean City of Corpus Christi, located in the Counties of Nueces, Aransas, Kleberg, and San Patricio, Texas and, where appropriate, the City Council of the City. E. The term Closing Date shall mean the date of physical delivery of the Initial Bonds in exchange for the payment in full by the Purchasers. F. The term Debt Service Requirements shall mean, as of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the City as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of obligations without a fixed numerical rate, that such obligations bear interest at the maximum rate permitted by the terms thereof and further assuming in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity, the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto. G. The term Depository shall mean an official depository bank of the City. H. The term Government Securities, as used herein, shall mean (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; (iii) noncallable obligations of a state or an agency or a county, municipality, or other political 52322636.3 -17- subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, or (iv) any additional securities and obligations hereafter authorized by the laws of the State of Texas as eligible for use to accomplish the discharge of obligations such as the Bonds. I. The term Holder or Holders shall mean the registered owner, whose name appears in the Security Register, for any Bond. J. The term Interest Payment Date shall mean the date interest is payable on the Bonds, being March 1 and September 1 of each year, commencing March 1, 2013, while any of the Bonds remain Outstanding. K. The term Ordinance shall mean this ordinance adopted by the City Council of the City on December 11, 2012. L. The term Outstanding when used in this Ordinance with respect to Bonds shall mean, as of the date of determination, all Bonds issued and delivered under this Ordinance, except: (1) those Bonds canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Bonds for which payment has been duly provided by the City in accordance with the provisions of Section 23 of this Ordinance; and (3) those Bonds that have been mutilated, destroyed, lost, or stolen and replacement Bonds have been registered and delivered in lieu thereof as provided in Section 17 of this Ordinance. M. The term Purchasers shall mean the initial purchasers of the Bonds named in Section 18 of this Ordinance. N. The term Stated Maturity shall mean the annual principal payments of the Bonds payable on March 1 of each year, as set forth in Section 2 of this Ordinance. SECTION 10. Bond Fund; Investments. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption, and retirement of the Bonds, there shall be and is hereby created a special Fund to be designated "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT REFUNDING BONDS, SERIES 2012C INTEREST AND SINKING FUND" (the Bond Fund), which Fund shall be kept and maintained at the Depository, and money deposited in such Fund shall be used for no other purpose and shall be maintained as provided in Section 21. Authorized Officials of the City are hereby authorized and directed to make withdrawals from the Bond Fund sufficient to pay the principal of, premium, if any, and interest on the Bonds as the same become due and payable and shall cause to be transferred to the Paying Agent/Registrar from money on deposit in the Bond Fund an amount sufficient to pay the amount of principal and /or interest stated to mature on the Bonds, such transfer of funds to 52322636.3 -18- the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the business day next preceding each interest and principal payment date for the Bonds. Pending the transfer of funds to the Paying Agent/Registrar, money in any Fund established by this Ordinance, at the option of the City, may be placed in time deposits, certificates of deposit, guaranteed investment contracts, or similar contractual agreements as permitted by the provisions of the Public Funds Investment Act, as amended, Chapter 2256, Texas Government Code, secured (to the extent not insured by the Federal Deposit Insurance Corporation) by obligations of the type hereinafter described, or be invested, as authorized by any law, including investments held in book -entry form, in securities including, but not limited to, direct obligations of the United States of America, obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States of America, including, but not limited to, evidences of indebtedness issued, insured or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Association, Small Business Administration, or Federal Housing Association; provided that all such deposits and investments shall be made in such a manner that the money required to be expended from such Fund will be available at the proper time or times. All interest and income derived from deposits and investments in such Fund shall be credited to, and any losses debited to, such Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Bonds. SECTION 11. Tax Levy. To provide for the payment of the Debt Service Requirements on the Bonds being (i) the interest on the Bonds and (ii) a sinking fund for their redemption at Stated Maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while the Bonds or any interest thereon shall remain Outstanding, a sufficient tax, within the limitations prescribed by law, on each one hundred dollars' valuation of taxable property in the City, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Bond Fund and are thereafter pledged to the payment of the Bonds. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay such Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness and other obligations of the City. SECTION 12. Deposits to Bond Fund; Surplus Bond Proceeds. The City hereby covenants and agrees to cause to be deposited in the Bond Fund prior to a principal and interest payment date for the Bonds, from the annual levy of an ad valorem tax or from other lawfully available funds, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Bonds as the same accrues or matures or comes due by reason of Stated Maturity. 52322636.3 -19- Accrued interest received from the Purchasers of the Bonds, along with any taxes collected pertaining to the Refunded Obligations, after the Closing Date, shall be deposited to the Bond Fund. In addition, any surplus proceeds from the sale of the Bonds, including investment income thereon, not expended for authorized purposes shall be deposited in the Bond Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said Fund from ad valorem taxes. SECTION 13. Security of Funds. All money on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws of the State of Texas for the security of public funds, and money on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 14. Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in the payments to be made to the Bond Fund or (b) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Ordinance, the Holders of any of the Bonds shall be entitled to seek a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the City and other officers of the City to observe and perform any covenant, condition, or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. SECTION 15. Notices to Holders; Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first -class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Holders. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 16. Cancellation. All Bonds surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar 52322636.3 -20- and, if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly canceled by the Paying Agent/Registrar. All canceled Bonds held by the Paying Agent/Registrar shall be destroyed as directed by the City. SECTION 17. Mutilated, Destroyed, Lost, and Stolen Bonds. If (1) any mutilated Bond is surrendered to the Paying Agent/Registrar, or the City and the Paying Agent/Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Bond, and (2) there is delivered to the City and the Paying Agent/Registrar such security or indemnity as may be required to save each of them harmless, then, in the absence of notice to the City or the Paying Agent/Registrar that such Bond has been acquired by a bona fide purchaser, the City shall execute and, upon its request, the Paying Agent/Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same Stated Maturity and interest rate and of like tenor and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost, or stolen Bond has become or is about to become due and payable, the City in its discretion may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond or payment in lieu thereof, under this Section, the City may require payment by the Holder of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses and charges (including attorney's fees and the fees and expenses of the Paying Agent/Registrar) connected therewith. Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Bond shall constitute a replacement of the prior obligation of the City, whether or not the mutilated, destroyed, lost, or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Bonds. SECTION 18. Sale of Bonds — Authorization of Purchase Contract — Official Statement Approval. The Bonds authorized by this Ordinance are hereby sold to Hutchinson, Shockey, Erley & Co., Houston, Texas, as the authorized representative of a group of underwriters (the Purchasers, and having all the rights, benefits, and obligations of a Holder) in accordance with the provisions of a Purchase Contract dated , 2012 (the Purchase Contract) attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The Initial Bond shall be registered in the name of Hutchinson, Shockey, Erley & Co. The pricing and terms of the sale of the Bonds are hereby found and determined to be the most advantageous reasonably obtainable by the City. Each Authorized Official is hereby authorized and directed to execute the Purchase Contract for and on behalf of the City and as the act and 52322636.3 -2 1 - 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 are true and correct in all material respects and shall be honored and performed by the City. Delivery of the Bonds to the Purchasers shall occur as soon as practicable after the adoption of this Ordinance, upon payment therefor in accordance with the terms of the Purchase Contract. Furthermore, the City hereby ratifies, confirms, and approves in all respects (i) the City's prior determination that the Preliminary Official Statement was, as of its date, "deemed final" in accordance with the Rule (hereinafter defined) and (ii) the use and distribution of the Preliminary Official Statement by the Purchasers in connection with the public offering and sale of the Bonds. The final Official Statement, being a modification and amendment of the Preliminary Official Statement to reflect the terms of sale, attached as Exhibit A to the Purchase Contract (together with such changes approved by the Mayor and City Secretary, or any one or more of said officials), shall be and is hereby in all respects approved and the Purchasers are hereby authorized to use and distribute the final Official Statement, dated , 2012, in the reoffering, sale and delivery of the Bonds to the public. The Mayor and City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of the Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content manually executed by said officials shall be deemed to be approved by the City and constitute the Official Statement authorized for distribution and use by the Purchasers. SECTION 19. Escrow and Trust Agreement Approval and Execution; Proceeds of Sale; Contribution by City. The Escrow and Trust Agreement dated as of December 11, 2012 to be effective upon the initial delivery of the Bonds to the Purchasers (the Agreement) between the City and The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (the Escrow Agent), attached hereto as Exhibit C and incorporated herein by reference as a part of this Ordinance for all purposes, is hereby approved as to form and content, and such Agreement in substantially the form and substance attached hereto, together with such changes or revisions as may be necessary to accomplish the refunding or benefit the City, is hereby authorized to be executed by the Mayor and City Secretary and on behalf of the City and as the act and deed of this City Council; and such Agreement as executed by said officials shall be deemed approved by the City Council and constitute the Agreement herein approved. Furthermore, any Authorized Official and Bond Counsel, in cooperation with the Escrow Agent, are hereby authorized and directed to make the necessary arrangements for the purchase of the Federal Securities referenced in the Agreement and the initial delivery thereof to the Escrow Agent on the day of delivery of the Bonds to the Purchasers for deposit to the credit of the "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT REFUNDING BOND SERIES 2012C ESCROW FUND" (the Escrow Fund), including the execution of the subscription forms for the purchase and issuance of the "United States Treasury Securities - State and Local Government Series ", if any, for deposit to the Escrow Fund; all as contemplated and provided by the provisions of the Act, this Ordinance, and the Agreement. Immediately following the delivery of the Bonds, the proceeds of sale along with a cash contribution, if any, from the City (less certain costs of issuance, and accrued interest, if any, 52322636.3 -22- received from the Purchasers of the Bonds) shall be deposited with the Escrow Agent for application and disbursement in accordance with the provisions of the Agreement. The proceeds of sale of the Bonds not so deposited with the Escrow Agent for the refunding of the Refunded Obligations shall be disbursed for payment of costs of issuance and deposited with the place of payment (of the Refunded Obligations) in an account in the name of the City and applied for the purposes of providing for the payment of the costs and expenses incurred in connection therewith or deposited in the Bond Fund for the Bonds, all in accordance with written instructions from the City Manager. SECTION 20. Redemption of Refunded Obligations. The Refunded Obligations referenced in the preamble hereof become subject to redemption prior to their stated maturities at the price of par, premium, if any, and accrued interest to the date of redemption. The Mayor shall give written notice to the paying agent/registrar for the Refunded Obligations and the Escrow Agent that all of the Refunded Obligations have been called for redemption, and the City Council orders that such obligations are called for redemption on the dates set forth on Schedule I attached to this Ordinance, and such order to redeem the Refunded Obligations on such dates shall be irrevocable upon the delivery of the Bonds. Copies of the notices of redemption pertaining to the Refunded Obligations are attached to this Ordinance as Exhibit D and are incorporated herein by reference for all purposes. The respective paying agent for each series of Refunded Obligations is authorized and instructed to provide notice of these redemptions to the holders of the Refunded Obligations in the form and manner described in the respective ordinances authorizing the issuance of the Refunded Obligations. SECTION 21. Covenants to Maintain Tax - Exempt Status. A. Definitions. When used in this Section, the following terms have the following meanings: Code means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. Computation Date has the meaning set forth in Section 1.148 -1(b) of the Regulations. Gross Proceeds means any proceeds as defined in Section 1.148 -1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148 -1(c) of the Regulations, of the Bonds. Investment has the meaning set forth in Section 1.148 -1(b) of the Regulations. Nonpurpose Investment means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds. Rebate Amount has the meaning set forth in Section 1.148 -1(b) of the Regulations. 52322636.3 -23 - Regulations means any proposed, temporary, or final Income Tax Regulations issued pursuant to sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. Yield of (1) any Investment has the meaning set forth in Section 1.148 -5 of the Regulations; and (2) the Bonds has the meaning set forth in Section 1.148 -4 of the Regulations. B. Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants in this Section. C. No Private Use or Private Payments. Except to the extent that it will not cause the Bonds to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Bonds: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Bonds (including property financed with Gross Proceeds of the Refunded Obligations), and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds (including property financed with Gross Proceeds of the Refunded Obligations), other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. 52322636.3 -24- D. No Private Loan. Except to the extent that it will not cause the Bonds to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take -or- pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. E. Not to Invest at Higher Yield. Except to the extent that it will not cause the Bonds to become "arbitrage bonds" within the meaning of section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment, if as a result of such investment the Yield of any Investment acquired with Gross Proceeds, whether then held or previously disposed of, materially exceeds the Yield of the Bonds. F. Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. G. Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038 -G or such other form and in such place as the Secretary may prescribe. H. Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Bond is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Bonds with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date. 52322636.3 -25 - (3) As additional consideration for the purchase of the Bonds by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Bond Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Bonds equals (i) in the case of a Final Computation Date as defined in Section 1.148 - 3(e)(2) of the Regulations, one hundred percent (100 %) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90 %) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038 -T or such other forms and information as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148 -3(h) of the Regulations. I. Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Bonds, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Bonds not been relevant to either party. J. Bonds Not Hedge Bonds. (1) At the time the original bonds refunded by the Bonds were issued, the City reasonably expected to spend at least 85% of the spendable proceeds of such bonds within three years after such bonds were issued. (2) Not more than 50% of the proceeds of the original bonds refunded by the Bonds were invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. K. Qualified Advance Refunding. The Bonds are issued, in part, to refund the Refunded Obligations, and the Bonds will be issued more than 90 days before the redemption of a portion of the Refunded Obligations. The City represents as follows: 52322636.3 -26- (1) The Bonds are the "first advance refunding" of any original bonds issued after 1985 and are the "first or second advance refunding" of any original bonds issued before 1986, both within the meaning of section 149(d)(3) of the Code. (2) A portion of the Refunded Obligations are being called for redemption, and will be redeemed: (i) in the case of Refunded Obligations issued after 1985, not later than the earliest date on which such bonds may be redeemed and on which the City will realize present value debt service savings (determined without regard to administrative expenses) in connection with the issuance of the Bonds; and (ii) in the case of Refunded Obligations issued before 1986, not later than the earliest date on which such issue may be redeemed at par or at a premium of 3 percent or less and on which the City will realize present value debt service savings (determined without regard to administrative expenses) in connection with the issuance of the Bonds. (3) The initial temporary period under section 148(c) of the Code will end: (i) with respect to the proceeds of the Bonds used to refund the Refunded Obligations not later than 30 days after the date of issue of such Bonds; and (ii) with respect to proceeds of the Refunded Obligations on the Closing Date if not ended prior thereto. (4) On and after the date of issue of the Bonds, no proceeds of the Refunded Obligations will be invested in Nonpurpose Investments having a Yield in excess of the Yield on such Refunded Obligations. (5) The Bonds are being issued for the purposes stated in the preamble of this Ordinance. There is a present value savings associated with the refunding. In the issuance of the Bonds the City has: (i) neither issued more bonds, nor issued bonds earlier, and will not allow bonds to remain outstanding longer, than reasonably necessary to accomplish the governmental purposes for which the Bonds were issued; (ii) not employed an "abusive arbitrage device" within the meaning of Section 1.148 -10(a) of the Regulations; and (iii) not employed a "device" to obtain a material financial advantage based on arbitrage, within the meaning of section 149(d)(4) of the Code, apart from savings attributable to lower interest rates. L. Elections. The City hereby directs and authorizes any Authorized Official or any combination thereof, to make such elections in the Certificate as to Tax Exemption or similar or other appropriate certificate, form, or document permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Bonds. Such elections shall be deemed to be made on the Closing Date. SECTION 22. Control and Custody of Bonds. The Mayor shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas and shall take and have charge and control of the Bonds pending their approval by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery of the Bonds to the Purchasers. Furthermore, any Authorized Official, or any combination thereof, is hereby authorized and directed to furnish and execute such documents relating to the City and its financial affairs as 52322636.3 -27- may be necessary for the issuance of the Bonds, the approval of the Attorney General and their registration by the Comptroller of Public Accounts and, together with the City's financial advisors, Bond Counsel, and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Bonds to the Purchasers and the initial exchange thereof for definitive Bonds. SECTION 23. Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Bonds, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Bonds, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Bonds or the principal amount(s) thereof on or prior to Stated Maturity or to the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, and /or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities, in the case of a net defeasance, have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any money deposited therewith, if any, to pay when due the principal of and interest on such Bonds, or the principal amount(s) thereof, on or prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof. In the event of a gross defeasance of the Bonds, the City shall deliver a certificate from its financial advisor, the Paying Agent/Registrar, or another qualified third party concerning the deposit of cash and /or Government Securities to pay, when due, the principal of, redemption premium (if any), and interest due on any defeased Bonds. The City covenants that no deposit of money or Government Securities will be made under this Section and no use made of any such deposit which would cause the Bonds to be treated as arbitrage bonds within the meaning of section 148 of the Code (as defined in Section 21 hereof). Any money so deposited with the Paying Agent/Registrar, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Bonds, or any principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Bonds and remaining unclaimed for a period of three (3) years after the Stated Maturity of the Bonds or applicable redemption date, such money was deposited and is held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor, subject to the unclaimed property laws of the State of Texas. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem defeased Bonds that is made in conjunction with the payment arrangements specified in subsection (i) or (ii) above shall not be irrevocable, 52322636.3 -28- provided that: (1) in the proceedings providing for such defeasance, the City expressly reserves the right to call the defeased Bonds for redemption; (2) gives notice of the reservation of that right to the owners of the defeased Bonds immediately following the defeasance; (3) directs that notice of the reservation be included in any redemption notices that it authorizes; and (4) at the time of the redemption, satisfies the conditions of (i) or (ii) above with respect to such defeased debt as though it was being defeased at the time of the exercise of the option to redeem the defeased Bonds, after taking the redemption into account in determining the sufficiency of the provisions made for the payment of the defeased Bonds. SECTION 24. Printed Opinion. The Purchasers' obligation to accept delivery of the Bonds is subject to its being furnished a final opinion of Fulbright & Jaworski L.L.P., as Bond Counsel, approving certain legal matters as to the Bonds, said opinion to be dated and delivered as of the date of initial delivery and payment for such Bonds. Printing of a true and correct copy of said opinion on the reverse side of each of the Bonds, with appropriate certificate pertaining thereto executed by facsimile signature of the City Secretary of the City is hereby approved and authorized. SECTION 25. CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Bonds shall be of no significance or effect as regards the legality thereof, and neither the City nor attorneys approving said Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Bonds. SECTION 26. Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 27. Ordinance a Contract; Amendments - Outstanding Bonds. The City acknowledges that the covenants and obligations of the City herein contained are a material inducement to the purchase of the Bonds. This Ordinance shall constitute a contract with the Holders from time to time, shall be binding on the City and its successors and assigns, and shall not be amended or repealed by the City so long as any Bond remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the written consent of Holders holding a majority in aggregate principal amount of the Bonds then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided; however, that, without the consent of all Holders of Outstanding Bonds, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, and interest on the Bonds, reduce the principal amount thereof, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, the redemption price therefor, or interest on the Bonds, (2) give any preference to any Bond over any other Bond, or (3) reduce the aggregate principal amount of Bonds required for consent to any such amendment, addition, or rescission. SECTION 28. Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, Bond Counsel, Paying Agent/Registrar, and the Holders, any right, remedy, or claim, legal or equitable, under or 52322636.3 -29- by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, Bond Counsel, the Paying Agent/Registrar, and the Holders. SECTION 29. Inconsistent Provisions. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 30. Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 31. Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 32. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 33. Incorporation of Preamble Recitals. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 34. Authorization of Paying Agent/Registrar Agreement. The City Council of the City hereby finds and determines that it is in the best interest of the City to authorize the execution of a Paying Agent/Registrar Agreement concerning the payment, exchange, and transferability of the Bonds. A copy of the Paying Agent/Registrar Agreement is attached hereto, in substantially final form, as Exhibit A and is incorporated by reference to the provisions of this Ordinance. SECTION 35. Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 36. Unavailability of Authorized Publication. If, because of the temporary or permanent suspension of any newspaper, journal, or other publication, or, for any reason, 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. 52322636.3 -30- SECTION 37. No Recourse Against City Officials. No recourse shall be had for the payment of principal of, premium, if any, or interest on any Bond or for any claim based thereon or on this Ordinance against any official of the City or any person executing any Bond. SECTION 38. Continuing Disclosure Undertaking. A. Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: EMMA means the MSRB's Electronic Municipal Market Access system, accessible by the general public, without charge, on the interne through the uniform resource locator (URL) http: / /www.emma.msrb.org. MSRB means the Municipal Securities Rulemaking Board. Rule means SEC Rule 15c2 -12, as amended from time to time. SEC means the United States Securities and Exchange Commission. B. Annual Reports. The City shall file annually with the MSRB, (1) within six months after the end of each fiscal year of the City ending in or after 2012, financial information and operating data with respect to the City of the general type included in the final Official Statement authorized by Section 18 of this Ordinance, being the information described in Exhibit E hereto, and (2) if not provided as part such financial information and operating data, audited financial statements of the City, when and if available. Any financial statements so to be provided shall be (i) prepared in accordance with the accounting principles described in Exhibit E hereto, or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation, and (ii) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the City shall file unaudited financial statements within such period and audited for the applicable fiscal year to the MSRB, when and if the audit report on such statements becomes available. If the City changes its fiscal year, it will file notice of such change (and of the date of the new fiscal year end) with the MSRB prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. C. Notice of Certain Events. The City shall file notice of any of the following events with respect to the Bonds to the MSRB in a timely manner and not more than 10 business days after occurrence of the event: 52322636.3 (1) Principal and interest payment delinquencies; -3 1 - (2) Non - payment related defaults, if material; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701 -TEB), or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (7) Modifications to rights of holders of the Bonds, if material; (8) Bond calls, if material, and tender offers; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the Bonds, if material; (11) Rating changes; (12) Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; (13) The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) Appointment of a successor or additional paying agent/registrar or the change of name of a paying agent/registrar, if material. (15) 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 52322636.3 -32- governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. The City shall file notice with the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with this Section by the time required by this Section. D. Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the City in any event will give notice of any deposit that causes the Bonds to be no longer Outstanding. The provisions of this Section are for the sole benefit of the holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITH OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing their obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account 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 52322636.3 -33- (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the holders and beneficial owners of the Bonds. The City may also repeal or amend the provisions of this Section if the SEC amends or repeals the applicable provisions of the Rule or any court of final jurisdiction enters judgment that such provisions of the Rule are invalid, and the City also may amend the provisions of this Section in its discretion in any other manner or circumstance, but in either case only if and to the extent that the provisions of this sentence would not have prevented an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds, giving effect to (a) such provisions as so amended and (b) any amendments or interpretations of the Rule. If the City so amends the provisions of this Section, the City shall include with any amended financial information or operating data next provided in accordance with this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. E. Information Format — Incorporation by Reference. The City information required under this Section shall be filed with the MSRB through EMMA in such format and accompanied by such identifying information as may be specified from time to time thereby. Under the current rules of the MSRB, continuing disclosure documents submitted to EMMA must be in word - searchable portable document format (PDF) files that permit the document to be saved, viewed, printed, and retransmitted by electronic means and the series of obligations to which such continuing disclosure documents relate must be identified by CUSIP number or numbers. Financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document) available to the public through EMMA or filed with the SEC. SECTION 39. Book -Entry Only System. It is intended that the Bonds will initially be registered so as to participate in a securities depository system (the DTC System) with the Depository Trust Company, New York, New York, or any successor entity thereto (DTC), as set forth herein. Each Stated Maturity of the Bonds shall be issued (following cancellation of the Initial Bonds described in Section 7) in the form of a separate single definitive Bond. Upon issuance, the ownership of each such Bond shall be registered in the name of Cede & Co., as the nominee of DTC, and all of the Outstanding Bonds shall be registered in the name of Cede & Co., as the nominee of DTC. The City and the Paying Agent/Registrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including the Letter of Representations attached hereto as Exhibit F (the Representation Letter). With respect to the Bonds registered in the name of Cede & Co., as nominee of DTC, the City and the Paying Agent/Registrar shall have no responsibility or obligation to any broker - dealer, bank, or other financial institution for which DTC holds the Bonds from time to time as 52322636.3 -34- securities depository (a Depository Participant) or to any person on behalf of whom such a Depository Participant holds an interest in the Bonds (an Indirect Participant). Without limiting the immediately preceding sentence, the City and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Depository Participant or any other person, other than a registered owner of the Bonds, as shown on the Security Register, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a Holder of a Bond, of any amount with respect to principal of, premium, if any, or interest on the Bonds. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive a bond 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 this Ordinance with respect to interest checks or drafts being mailed to the Holder, the word "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. In the event that (a) the City determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b) the Representation Letter shall be terminated for any reason, or (c) DTC or the City determines that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the City shall notify the Paying Agent/Registrar, DTC, and the Depository Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Bonds shall no longer be restricted to being registered in the name of Cede & Co., as nominee of DTC. At that time, the City may determine that the Bonds shall be registered in the name of and deposited with a successor depository operating a securities depository system, as may be acceptable to the City, or such depository's agent or designee, and if the City and the Paying Agent/Registrar do not select such alternate securities depository system then the Bonds may be registered in whatever name or names the Holders of Bonds transferring or exchanging the Bonds shall designate, in accordance with the provisions hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Representation Letter. SECTION 40. Further Procedures. The officers and employees of the City are hereby authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the City all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the initial sale and delivery of the Bonds, the Paying Agent/Registrar Agreement, the Purchase Contract, the Agreement, and the Official Statement. In addition, prior to the initial delivery of the Bonds, any Authorized Official and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Ordinance or to any of the instruments authorized and approved by this Ordinance necessary in order to (i) correct any ambiguity or mistake or 52322636.3 -35- properly or more completely document the transactions contemplated and approved by this Ordinance and as described in the Official Statement, (ii) obtain a rating from any of the national bond rating agencies, or (iii) obtain the approval of the Bonds by the Texas Attorney General's office. In case any officer of the City whose signature shall appear on any certificate shall cease to be such officer before the delivery of such certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. SECTION 41. Effective Date. Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption, notwithstanding any provision in the City's Home Rule Charter to the contrary concerning a multiple reading requirement for the adoption of ordinances. 52322636.3 [The remainder of this page intentionally left blank.] -36- PASSED, APPROVED AND ADOPTED on the 11th day of December, 2012. CITY OF CORPUS CHRISTI Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS DAY OF DECEMBER, 2012: Carlos Valdez, City Attorney Schedule I - Refunded Obligations Schedule II - Approval Certificate Exhibit A - Paying Agent/Registrar Agreement Exhibit B - Purchase Contract Exhibit C - Escrow and Trust Agreement Exhibit D - Notices of Redemption Exhibit E - Description of Annual Financial Information Exhibit F - DTC Letter of Representations 52322636.3 S -1 THE STATE OF TEXAS COUNTY OF N UECES I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the day of December, 2012, authorizing the issuance of the City's General Improvement Refunding Bonds, Series 2012C, which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the day of December, 2012. (CITY SEAL) 52322636.3 S -2 City Secretary Schedule I Refunded Obligations 52322636.3 Schedule 1 -1 SCHEDULE II Approval Certificate See Tab No. 52322636.3 Schedule II -1 52322636.3 EXHIBIT A Paying Agent/Registrar Agreement See Tab No. A -1 52322636.3 EXHIBIT B Purchase Contract See Tab No. B -1 52322636.3 EXHIBIT C Escrow and Trust Agreement See Tab No. C -1 52322636.3 EXHIBIT D Notices of Redemption See Tab No. D -1 EXHIBIT E Description of Annual Financial Information The following information is referred to in Section 38 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: Financial information and operating data with respect to the City of the general type included in Appendix A under the headings "DEBT PAYABLE FROM TAXES ", "GENERAL REVENUES ", "GENERAL EXPENSES ", "AD VALOREM TAXES ", and "THE TAX INCREMENT FINANCING ACT ". 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. 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. 52322636.3 E -1 52322636.3 EXHIBIT F DTC Letter of Representations See Tab No. F -1 AGENDA MEMORANDUM Future Agenda for the City Council Meeting of November 20, 2012 Action Item for the City Council Meeting of December 11, 2012 DATE: December 11, 2012 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP ©cctexas.com (361) 826 -3227 Refunding of Existing General Improvement Bonds CAPTION: A. Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the City of Corpus Christi, Texas General Improvement Refunding Bonds, Series 2012C and for the City of Corpus Christi, Texas General Improvement Refunding Bonds, Taxable Series 2012. B. Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas General Improvement Refunding Bonds, Series 2012C ", levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the Bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the Bonds, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent /registrar agreement; a purchase contract, and an escrow and trust agreement; complying with the letter of representations on file with the depository trust company; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of the bonds, and providing an effective date. C. Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas General Improvement Refunding Bonds, Taxable Series 2012 ", levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the Bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the Bonds, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent /registrar agreement; a purchase contract, and an escrow and trust agreement; complying with the letter of representations on file with the depository trust company; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of the bonds, and providing an effective date. PURPOSE: In light of the low municipal bond interest rates (both tax - exempt and taxable), there is an opportunity for the City of Corpus Christi to refund existing general obligation /improvement bonds to achieve annual savings. BACKGROUND AND FINDINGS: The City currently has 9 outstanding general obligation /general improvement bond issuances that are eligible for refunding due to the low interest rate environment that currently exists. Four of these issuances are being recommended for a tax - exempt refunding. They are: General Improvement Bonds, Series 2001; Hotel Occupancy Tax Certificates of Obligation, Series 2002; General Improvement Refunding Bonds, Series 2003; and Marina Certificates of Obligation, Series 2005. Part B of this agenda item addresses this refunding. It is estimated that the net present value savings from this refunding will be approximately $5.0 million or 14.8 %. Five issuances are being recommended for a taxable refunding. They are Certificates of Obligation, Series 2004; Certificates of Obligation, Series 2005; General Improvement Refunding, Series 2005; Certificates of Obligation, Series 2006; and Certificates of Obligation, Series 2008. All of these issuances relate to the landfill and are being recommended as a taxable refunding not only to benefit from the low interest rate environment but also to enable initiatives at the landfill to occur that might involve private business use that would be otherwise prohibited under IRS regulations if financed with tax - exempt municipal bonds. Part C of this agenda item addresses this refunding. It is estimated that the net present value savings from this refunding will be approximately $4.4 million or 4.6 %. Issuance of bonds requires utilization of a financing team which is made up of three parts: the financial advisor, bond counsel, and the underwriting syndicate. Part A of this agenda item authorizes the appointment of M. E. Allison & Co., Inc. as financial advisor for these transactions. See Exhibit A for the Financial Advisor's fee schedule. Fulbright & Jaworski L.L.P. is currently under contract with the City to serve as the City's bond counsel and will serve as the second part of our financing team. The third part of the financing team is the underwriters, and selection of the syndicate of underwriters from the City's pool of approved underwriters is being recommended for delegation to the Mayor, City Manager, Assistant City Manager, and Director of Financial Services in Parts B and C of this agenda item. Because of the fluctuating conditions in the municipal bond market, our financial advisor has recommended that the City Council delegate to the Mayor, City Manager, and Assistant City Manager (the "Delegated Officials ") the authority to effectuate the sale of the transactions when the market warrants. The City's bond counsel has also confirmed that the City can delegate the sale of these bonds to the Delegated Officials in the manner outlined above pursuant to the authority contained in Chapter 1371, as amended, Texas Government Code. Parts B and C of this agenda item will authorize this delegation. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: Issuance of municipal obligations are exempted from the City of Christi's charter provision regarding dual reading and /or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTAL CLEARANCES: • Bond Counsel • Legal Department FINANCIAL IMPACT: Part B — Tax Exempt Refunding ❑Not Applicable X Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - Debt Payments - - $43,550,522 $ 43,550,522 Encumbered /Expended amount of (date) - - - This item - $ 38,056,075 $ 38,056,075 BALANCE - - $5,494,447 $ 5,494,447 FUND(S): Debt Service Fund COMMENTS: The $5,494,447 noted above represents savings in debt payments by refunding the general improvement /obligation bonds for the remaining life of the bonds — through 2026. This represents a net present value savings of $5,035,822. Part C — Taxable Refunding ❑Not Applicable X Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - Debt Payments - - $170,424,567 $ 170,424,567 Encumbered /Expended amount of (date) - - - This item - $ 164,416,288 $ 164,416,288 BALANCE - - $6,008,279 $ 6,008,279 FUND(S): Debt Service Fund COMMENTS: The $6,008,279 noted above represents savings in debt payments by refunding the into general improvement /obligation bonds into taxable bonds for the remaining life of the bonds — through 2038. This represents a net present value savings of $4,366,770. RECOMMENDATION: Staff recommends approval of the motion and ordinances as presented. LIST OF SUPPORTING DOCUMENTS: Exhibit A Ordinances DRAFT 11 -7 -2012 ORDINANCE NO. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS AUTHORIZING THE ISSUANCE OF "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT REFUNDING BONDS, TAXABLE SERIES 2012 ", LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT, A PURCHASE CONTRACT, AND AN ESCROW AND TRUST AGREEMENT; COMPLYING WITH THE LETTER OF REPRESENTATIONS ON FILE WITH THE DEPOSITORY TRUST COMPANY; DELEGATING THE AUTHORITY TO THE MAYOR AND CERTAIN MEMBERS OF THE CITY STAFF TO EXECUTE CERTAIN DOCUMENTS RELATING TO THE SALE OF THE BONDS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the City Council) of the City of Corpus Christi, Texas (the City) has heretofore issued, sold, and delivered, and there are currently outstanding obligations in the aggregate original principal amount of $ being the obligations set forth on Schedule I hereto which is incorporated by reference for all purposes to this ordinance (collectively, the Refunded Obligations); and WHEREAS, the City Council intends to issue an aggregate principal amount of $ in general improvement refunding bonds the proceeds of which will be utilized to provide for the (i) refunding of the Refunded Obligations and (ii) payment of the costs of issuance of the general improvement refunding bonds; and WHEREAS, pursuant to the provisions of Chapter 1207, as amended, Texas Government Code (the Act), the City Council is authorized to issue refunding bonds and deposit the proceeds of sale under an escrow agreement to provide for the payment of the Refunded Obligations, and such deposit, when made in accordance with the Act, shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Refunded Obligations; and WHEREAS, the Act permits that the deposit of the proceeds from the sale of the refunding bonds be deposited directly with any designated escrow agent which is not the depository bank of the City; and WHEREAS, when firm banking arrangements have been made for the payment of principal of and interest to the stated maturity or redemption dates of the Refunded Obligations, then the Refunded Obligations shall no longer be regarded as outstanding except for the purpose 52322912.4 of receiving payment from the funds provided for such purpose and may not be included in or considered to be an indebtedness of the City for the purpose of a limitation on outstanding indebtedness or taxation or for any other purpose; and WHEREAS, The Bank of New York Mellon Trust Company, N.A., Dallas, Texas currently serves as the paying agent for the Refunded Obligations; and WHEREAS, The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (which is not the depository bank of the City) is hereby appointed as the Escrow Agent (hereinafter defined) and The Bank of New York Mellon Trust Company, N.A., Dallas, Texas to serve as Paying Agent/Registrar (hereafter defined) for the general improvement refunding bonds; and WHEREAS, the City Council also hereby finds and determines that the Refunded Obligations are scheduled to mature or are subject to being redeemed, not more than twenty (20) years from the date of the refunding bonds herein authorized and being issued to restructure the City's debt service and associated tax rates in the coming years, will result in a net present value savings of $ and a gross savings of $ , exclusive of the City's cash contribution of $ ; and WHEREAS, the City Council hereby finds and determines that the issuance of the general improvement refunding bonds is in the best interests of the residents of the City, now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: SECTION 1. Authorization - Designation - Principal Amount - Purpose — Dated Date. General improvement refunding bonds of the City shall be and are hereby authorized to be issued in the aggregate principal amount of AND NO /100 DOLLARS ($ ), to be designated and bear the title of "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT REFUNDING BONDS, TAXABLE SERIES 2012" (the Bonds), for the purpose of providing funds for the (i) discharge and final payment of the Refunded Obligations and (ii) payment of the costs of issuance of the Bonds, all in conformity with the laws of the State of Texas, particularly the Act, an ordinance adopted by the City Council on December 11, 2012, and the City's Home Rule Charter. As authorized by the Act, the Mayor of the City, the City Manager of the City, the Assistant City Manager for General Government and Operations Support, and the City's Director of Financial Services (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 Bonds authorized herein and carrying out the procedures specified in this Ordinance, including the following: 52322912.4 (1) Aggregate principal amount of each maturity of the Bonds; and (2) Rate of interest to be borne on the principal amount of each maturity; and (3) Interest payment dates; and -2- (4) Extraordinary, optional, and /or mandatory redemption provisions; and (5) Pricing of each series of Bonds, including use of premium, discount, underwriters' compensation, and costs of issuance; and (6) Underwriting syndicate for each series of Bonds, including the identification of the senior and book running manager and co- managers, respectively, for each such series; and (7) (8) Dated Date; and Further designation of each series of Bonds by year issued. Each Authorized Representative, acting for and on behalf of the City, is authorized to execute the Approval Certificate attached hereto as Schedule II. The Bonds shall be issued in the principal amount not to exceed $140,000,000; the maximum maturity of the Bonds 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. The refunding of the Refunded Obligations shall result in a net present value saving to the City of not less than one dollar ($1.00), excluding the City contribution and costs of issuance. Lastly, each Authorized Representative is authorized to select the bond insurer, if any, with respect to the Bonds. The execution of the Approval Certificate shall evidence the sale date of the Bonds by the City to the Purchasers (hereinafter defined) in accordance with the provisions of the Act. Upon execution of the Approval Certificate, Bond Counsel is authorized to complete this Ordinance to reflect such final terms applicable to the Bonds. SECTION 2. Fully Registered Obligations - Authorized Denominations - Stated Maturities - Interest Rates — Dated Date. The Bonds shall be issued as fully registered obligations, without coupons, shall be dated December 1, 2012 (the Dated Date), and shall be in denominations of $5,000 or any integral multiple thereof, and the Bonds shall become due and payable on March 1 in each of the years and in principal amounts (the Stated Maturities) and bear interest on the unpaid principal amounts from the Closing Date, or from the most recent Interest Payment Date (hereinafter defined) to which interest has been paid or duly provided for, to Stated Maturity, at the per annum rates, while Outstanding, in accordance with the following schedule: Years of Principal Interest Stated Maturity Amounts ($) Rates ( %) 2013 2014 2015 2016 2017 2018 52322912.4 -3- Years of Principal Interest Stated Maturity Amounts ($) Rates ( %) 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 The Bonds shall bear interest on the unpaid principal amount from the Closing Date or from the most recent Interest Payment Date (hereinafter defined) to which interest has been paid or duly provided for, to the earlier of redemption or Stated Maturity while Outstanding, at the rates per annum shown in the above schedule (calculated on the basis of a 360 -day year of twelve 30 -day months). Interest on the Bonds shall be payable on March 1 and September 1 in each year, commencing on March 1, 2013 (the Interest Payment Date), while the Bonds are Outstanding. 52322912.4 -4- SECTION 3. Payment of Bonds - Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Bonds, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and such payment of principal of, premium, if any, and interest on the Bonds shall be without exchange or collection charges to the Holder (as hereinafter defined) of the Bonds. The selection and appointment of The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (the Paying Agent /Registrar) to serve as the initial Paying Agent/Registrar for the Bonds is hereby approved and confirmed, and the City agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent/Registrar books and records (the Security Register) for the registration, payment, and transfer of the Bonds, all as provided herein, in accordance with the terms and provisions of a Paying Agent/Registrar Agreement, attached, in substantially final form, as Exhibit A hereto, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The City covenants to maintain and provide a Paying Agent/Registrar at all times while the Bonds are Outstanding, and any successor Paying Agent/Registrar shall be (i) a national or state banking institution or (ii) an association or a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers. Such Paying Agent/Registrar shall be subject to supervision or examination by federal or state authority and authorized by law to serve as a Paying Agent/Registrar. The City reserves the right to appoint a successor Paying Agent/Registrar upon providing the previous Paying Agent/Registrar with a certified copy of a resolution or ordinance terminating such agency. Additionally, the City agrees to promptly cause a written notice of this substitution to be sent to each Holder of the Bonds by United States mail, first -class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of, premium, if any, and interest on the Bonds, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable only to the registered owner of the Bonds appearing on the Security Register (the Holder or Holders) maintained on behalf of the City by the Paying Agent/Registrar as hereinafter provided (i) on the Record Date (hereinafter defined) for purposes of payment of interest on the Bonds, (ii) on the date of surrender of the Bonds for purposes of receiving payment of principal thereof upon redemption of the Bonds or at the Bonds' Stated Maturity, and (iii) on any other date for any other purpose. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder as the owner of a Bond for purposes of receiving payment and all other purposes whatsoever, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. Principal of and premium, if any, on the Bonds shall be payable only upon presentation and surrender of the Bonds to the Paying Agent/Registrar at its corporate trust office. Interest on the Bonds shall be paid to the Holder whose name appears in the Security Register at the close of business on the fifteenth day of the month next preceding an Interest Payment Date for the Bonds (the Record Date) and shall be paid (i) by check sent by United States mail, first -class postage prepaid, by the Paying Agent/Registrar, to the address of the Holder appearing in the Security 52322912.4 -5- Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested in writing by the Holder at the Holder's risk and expense. If the date for the payment of the principal of, premium, if any, or interest on the Bonds shall be a Saturday, a Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Bonds was due. In the event of a non - payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first -class postage prepaid, to the address of each Holder of a Bond appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4. Redemption. A. Optional Redemption. The Bonds having Stated Maturities on and after March 1, 20 shall be subject to redemption prior to Stated Maturity, at the option of the City, on March 1, 20 , 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. B. Exercise of Redemption Option. At least forty -five (45) days prior to a date set for the redemption of Bonds (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of its decision to exercise the right to redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date set for the redemption thereof. The decision of the City to exercise the right to redeem Bonds shall be entered in the minutes of the governing body of the City. C. Selection of Bonds for Redemption. If less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall select at random and by lot the Bonds to be redeemed, provided that if less than the entire principal amount of a Bond is to be redeemed, the Paying Agent/Registrar shall treat such Bond then subject to redemption as representing the number of Bonds Outstanding which is obtained by dividing the principal amount of such Bond by $5,000. D. Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Bonds, a notice of redemption shall be sent by United States mail, first -class postage prepaid, in the name of the City and at the City's expense, by the Paying Agent/Registrar to each Holder of a Bond to be redeemed, in whole or in part, at the address of the Holder appearing on 52322912.4 -6- the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Bonds, (ii) identify the Bonds to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Bonds, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Bonds, or the principal amount thereof to be redeemed, shall be made at the corporate trust office of the Paying Agent/Registrar only upon presentation and surrender thereof by the Holder. This notice may also be published once in a financial publication, journal, or reporter of general circulation among securities dealers in the City of New York, New York (including, but not limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). If a Bond is subject by its terms to redemption and has been called for redemption and notice of redemption thereof has been duly given or waived as herein provided, such Bond (or the principal amount thereof to be redeemed) so called for redemption shall become due and payable, and if money sufficient for the payment of such Bonds (or of the principal amount thereof to be redeemed) at the then applicable redemption price is held for the purpose of such payment by the Paying Agent/Registrar, then on the redemption date designated in such notice, interest on said Bonds (or the principal amount thereof to be redeemed) called for redemption shall cease to accrue and such Bonds shall not be deemed to be Outstanding in accordance with the provisions of this Ordinance. E. Transfer/Exchange of Bonds. Neither the City nor the Paying Agent/Registrar shall be required (1) to transfer or exchange any Bond during a period beginning forty -five (45) days prior to the date fixed for redemption of the Bonds or (2) to transfer or exchange any Bond selected for redemption, provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance of a Bond which is subject to redemption in part. SECTION 5. Execution - Registration. The Bonds shall be executed on behalf of the City by its Mayor under the seal of the City reproduced or impressed thereon and attested by its City Secretary. The signature of any of said officers on the Bonds may be manual or facsimile. Bonds bearing the manual or facsimile signatures of individuals who were, at the time of the Dated Date, the proper officers of the City shall bind the City, notwithstanding that such individuals or either of them shall cease to hold such offices prior to the delivery of the Bonds to the Purchasers, all as authorized and provided in Chapter 1201, as amended, Texas Government Code. No Bond shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Bond either a certificate of registration substantially in the form provided in Section 8C, executed by the Comptroller of Public 52322912.4 -7- Accounts of the State of Texas or his duly authorized agent by manual signature, or a certificate of registration substantially in the form provided in Section 8D, executed by the Paying Agent/Registrar by manual signature, and either such certificate upon any Bond shall be conclusive evidence, and the only evidence, that such Bond has been duly certified or registered and delivered. SECTION 6. Registration - Transfer - Exchange of Bonds - Predecessor Bonds. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of every owner of the Bonds, or, if appropriate, the nominee thereof. Any Bond may, in accordance with its terms and the terms hereof, be transferred or exchanged for Bonds of other authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Bond to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender for transfer of any Bond at the corporate trust office of the Paying Agent/Registrar, the City shall execute and the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Bonds of authorized denomination and having the same Stated Maturity and of a like interest rate and aggregate principal amount as the Bond or Bonds surrendered for transfer. At the option of the Holder, Bonds may be exchanged for other Bonds of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Bonds surrendered for exchange upon surrender of the Bonds to be exchanged at the corporate trust office of the Paying Agent/Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute, and the Paying Agent/Registrar shall register and deliver, the Bonds to the Holder requesting the exchange. All Bonds issued upon any transfer or exchange of Bonds shall be delivered at the corporate trust office of the Paying Agent/Registrar, or be sent by registered mail to the Holder at his request, risk, and expense, and upon the delivery thereof, the same shall be the valid and binding obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Bonds surrendered upon such transfer or exchange. All transfers or exchanges of Bonds pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Bonds canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be Predecessor Bonds, evidencing all or a portion, as the case may be, of the same debt evidenced by the new Bond or Bonds registered and delivered in the exchange or transfer therefor. Additionally, the term Predecessor Bonds shall include any Bond registered and delivered pursuant to Section 17 in lieu of a mutilated, lost, destroyed, or stolen Bond which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Bond. 52322912.4 -8- SECTION 7. Initial Bonds. The Bonds herein authorized shall be initially issued as a single fully registered Bond in the aggregate principal amount of $ with principal installments to become due and payable as provided in Section 2 hereof and numbered T -1 (the Initial Bonds), and the Initial Bonds shall be registered in the name of the Purchasers or the designee thereof. The Initial Bonds shall be the Bonds submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Purchasers. Any time after the delivery of the Initial Bonds, the Paying Agent/Registrar, pursuant to written instructions from the Purchasers, or the designee thereof, shall cancel the Initial Bonds delivered hereunder and exchange therefor definitive Bonds of like kind and of authorized denominations, Stated Maturities, principal amounts bearing applicable interest rates, and shall be lettered "R" and numbered consecutively from one (1) upward for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the Purchasers, or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 8. Forms. A. Forms Generally. The Bonds, the Registration Certificate of Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Bonds shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including insurance legends in the event the Bonds, or any Stated Maturities thereof, are insured and identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends and any reproduction of an opinion of counsel) thereon as may, consistent herewith, be established by the City or determined by the officers executing the Bonds as evidenced by their execution thereof. Any portion of the text of any Bond may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Bond. The definitive Bonds shall be printed, lithographed, or engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Bonds as evidenced by their execution thereof, but the Initial Bond(s) submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. 52322912.4 -9- B. Form of Definitive Bond. REGISTERED REGISTERED NO. PRINCIPAL AMOUNT United States of America State of Texas Counties of Nueces, Aransas, Kleberg, and San Patricio CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT REFUNDING BOND, TAXABLE SERIES 2012 Dated Date: December 1, 2012 REGISTERED OWNER: PRINCIPAL AMOUNT: Interest Rate: Stated Maturity: CUSIP NO: The City of Corpus Christi, Texas (the City), a body corporate and a municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof, on the Stated Maturity date specified above, the Principal Amount specified above (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Closing Date or from the most recent interest payment date to which interest has been paid or duly provided for until such Principal Amount has become due and payment thereof has been made or duly provided for, to the earlier of redemption or Stated Maturity, while Outstanding, at the per annum rate of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on March 1 and September 1 of each year, commencing March 1, 2013. Principal on this Bond shall be payable to the Registered Owner hereof (the Holder), upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar executing the registration certificate appearing hereon or a successor thereof. Interest shall be payable to the Holder of this Bond (or one or more Predecessor Bonds, as defined in the Ordinance hereinafter referenced) whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of, and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first -class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by the Holder hereof at the Holder's risk and expense. 52322912.4 -10- This Bond is one of the series specified in its title issued in the aggregate principal amount of $ (the Bonds) pursuant to an ordinance adopted by the governing body of the City on December 11, 2012 (the Ordinance), for the purpose of providing funds for the (i) discharge and final payment of the Refunded Obligations and (ii) payment of the costs of issuance of the general improvement refunding bonds, under and in strict conformity with the laws of the State of Texas, including Chapter 1207, as amended, Texas Government Code, and the City's Home Rule Charter. The Bonds stated to mature on and after March 1, 20 may be redeemed prior to their Stated Maturities, at the option of the City, on March 1, 20 , or on any date thereafter, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar) at the redemption price of par plus accrued interest to the date of redemption; provided, however, that at least thirty (30) days prior written notice shall be sent to the Holder of the Bonds to be redeemed by United States mail, first -class postage prepaid, and subject to the terms and provisions relating thereto contained in the Ordinance. If this Bond is subject to redemption prior to Stated Maturity and is in a denomination in excess of $5,000, 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 Bond to the Paying Agent/Registrar at its corporate trust office, a new Bond or Bonds of like Stated Maturity and interest rate in any authorized denominations provided in the Ordinance for the then unredeemed balance of the principal sum hereof. If this Bond (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption has been duly given, then upon such redemption date this Bond (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and, if the money for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption is held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable hereon from and after the redemption date on the principal amount hereof to be redeemed. If this Bond is called for redemption, in whole or in part, the City or the Paying Agent/Registrar shall not be required to issue, transfer, or exchange this Bond within forty -five (45) days of the date fixed for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance hereof in the event of its redemption in part. The Bonds of this series are payable from the proceeds of an annual ad valorem tax levied upon all taxable property within the City within the limitations prescribed by law. Reference is hereby made to the Ordinance, a copy of which is on file in the corporate trust office of the Paying Agent/Registrar, and to all of the provisions of which the Holder by his acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Bonds; the terms and conditions relating to the transfer or exchange of the Bonds; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Bond may be redeemed or discharged at or prior to the Stated Maturity thereof, and deemed to be no longer 52322912.4 Outstanding thereunder; and for the other terms and provisions specified in the Ordinance. Capitalized terms used herein have the same meanings assigned in the Ordinance. This Bond, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by the Holder hereof, or his duly authorized agent, and thereupon one or more new fully registered Bonds of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder hereof whose name appears on the Security Register (i) on the Record Date as the owner hereof for purposes of receiving payment of interest hereon, (ii) on the date of surrender of this Bond as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity, or its earlier redemption, in whole or in part, and (iii) on any other date as the owner hereof for all other purposes, and neither the City nor the Paying Agent/Registrar, or any such agent of either, shall be affected by notice to the contrary. In the event of a non - payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first -class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, covenanted, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to the issuance of this Bond in order to render the same a legal, valid, and binding obligation of the City have been performed, exist, and have been done, in regular and due time, form, and manner, as required by the laws of the State of Texas and the Ordinance, and that the issuance of the Bonds does not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of, premium if any, and interest on the Bonds by the levy of a tax as aforestated. In case any provision in this Bond or any application thereof shall be deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. 52322912.4 [The remainder of this page intentionally left blank.] -12- IN WITNESS WHEREOF, the City has caused this Bond to be duly executed under its official seal. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) 52322912.4 [The remainder of this page intentionally left blank.] -13- C. *Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Bonds Only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) * Note to Printer: Not to appear on printed Bonds D. Form of Certificate of Paying Agent/Registrar to Appear on Definitive Bonds Only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Bond has been duly issued under the provisions of the within- mentioned Ordinance; the Bond or Bonds of the above - entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. Registered this date: 52322912.4 -14- THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Paying Agent/Registrar By: Authorized Signature E. Form of Assignment. AS SIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): (Social Security or other identifying number): the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular. Signature guaranteed: F. The Initial Bonds shall be in the respective forms set forth in paragraph B of this Section, except that the form of a single fully registered Initial Bond shall be modified as follows: (i) immediately under the name of the Bond(s) the headings "Interest Rate" and "Stated Maturity" shall both be completed "as shown below "; (ii) the first two paragraphs shall read as follows: Registered Owner: Principal Amount: The City of Corpus Christi, Texas (the City), a body corporate and municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount specified above on the first day of March in each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: 52322912.4 -15- Years of Principal Interest Stated Maturity Amounts ($) Rates ( %) (Information to be inserted from schedule in Section 2 hereof). (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Closing Date (anticipated to occur on or about December 27, 2012), or from the most recent interest payment date to which interest has been paid or duly provided for, to the earlier of redemption or Stated Maturity, at the per annum rates of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on March 1 and September 1 of each year, commencing March 1, 2013. Principal of this Bond shall be payable to the Registered Owner hereof (the Holder), upon its presentation and surrender to Stated Maturity or prior redemption, while Outstanding, at the corporate trust office of The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (the Paying Agent /Registrar). Interest shall be payable to the Holder of this Bond whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first -class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder hereof. G. Insurance Legend. If bond insurance is obtained by the City or Purchasers (hereinafter defined), the Definitive Bonds and the Initial Bond(s) shall bear an appropriate legend as provided by the insurer. 52322912.4 [The remainder of this page intentionally left blank.] -16- SECTION 9. Definitions. For all purposes of this Ordinance (as defined below), except as otherwise expressly provided or unless the context otherwise requires: (i) the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Section 38 of this Ordinance have the meanings assigned to them in such Sections, and all such terms include the plural as well as the singular; (ii) all references in this Ordinance to designated "Sections" and other subdivisions are to the designated Sections and other subdivisions of this Ordinance as originally adopted; and (iii) the words "herein ", "hereof', and "hereunder" and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. A. The term Authorized Officials shall mean the Mayor, the Mayor Pro Tem, the City Manager, the Assistant City Manager for Government and Operations Support, the Director of Financial Services, the City Secretary, and /or the City Attorney. B. The term Bond Fund shall mean the special Fund created and established by the provisions of Section 10 of this Ordinance. C. The term Bonds shall mean the $ "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT REFUNDING BONDS, TAXABLE SERIES 2012" authorized by this Ordinance. D. The term City shall mean City of Corpus Christi, located in the Counties of Nueces, Aransas, Kleberg, and San Patricio, Texas and, where appropriate, the City Council of the City. E. The term Closing Date shall mean the date of physical delivery of the Initial Bonds in exchange for the payment in full by the Purchasers. F. The term Debt Service Requirements shall mean, as of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the City as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of obligations without a fixed numerical rate, that such obligations bear interest at the maximum rate permitted by the terms thereof and further assuming in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity, the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto. G. The term Depository shall mean an official depository bank of the City. H. The term Government Securities, as used herein, shall mean (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; (iii) noncallable obligations of a state or an agency or a county, municipality, or other political 52322912.4 -17- subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, or (iv) any additional securities and obligations hereafter authorized by the laws of the State of Texas as eligible for use to accomplish the discharge of obligations such as the Bonds. I. The term Holder or Holders shall mean the registered owner, whose name appears in the Security Register, for any Bond. J. The term Interest Payment Date shall mean the date interest is payable on the Bonds, being March 1 and September 1 of each year, commencing March 1, 2013, while any of the Bonds remain Outstanding. K. The term Ordinance shall mean this ordinance adopted by the City Council of the City on December 11, 2012. L. The term Outstanding when used in this Ordinance with respect to Bonds shall mean, as of the date of determination, all Bonds issued and delivered under this Ordinance, except: (1) those Bonds canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Bonds for which payment has been duly provided by the City in accordance with the provisions of Section 23 of this Ordinance; and (3) those Bonds that have been mutilated, destroyed, lost, or stolen and replacement Bonds have been registered and delivered in lieu thereof as provided in Section 17 of this Ordinance. M. The term Purchasers shall mean the initial purchasers of the Bonds named in Section 18 of this Ordinance. N. The term Stated Maturity shall mean the annual principal payments of the Bonds payable on March 1 of each year, as set forth in Section 2 of this Ordinance. SECTION 10. Bond Fund; Investments. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption, and retirement of the Bonds, there shall be and is hereby created a special Fund to be designated "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT REFUNDING BONDS, TAXABLE SERIES 2012 INTEREST AND SINKING FUND" (the Bond Fund), which Fund shall be kept and maintained at the Depository, and money deposited in such Fund shall be used for no other purpose and shall be maintained as provided in Section 21. Authorized Officials of the City are hereby authorized and directed to make withdrawals from the Bond Fund sufficient to pay the principal of, premium, if any, and interest on the Bonds as the same become due and payable and shall cause to be transferred to the Paying Agent/Registrar from money on deposit in the Bond Fund an amount sufficient to pay the amount of principal and /or interest stated to mature on the Bonds, such 52322912.4 -18- transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the business day next preceding each interest and principal payment date for the Bonds. Pending the transfer of funds to the Paying Agent/Registrar, money in any Fund established by this Ordinance, at the option of the City, may be placed in time deposits, certificates of deposit, guaranteed investment contracts, or similar contractual agreements as permitted by the provisions of the Public Funds Investment Act, as amended, Chapter 2256, Texas Government Code, secured (to the extent not insured by the Federal Deposit Insurance Corporation) by obligations of the type hereinafter described, or be invested, as authorized by any law, including investments held in book -entry form, in securities including, but not limited to, direct obligations of the United States of America, obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States of America, including, but not limited to, evidences of indebtedness issued, insured or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Association, Small Business Administration, or Federal Housing Association; provided that all such deposits and investments shall be made in such a manner that the money required to be expended from such Fund will be available at the proper time or times. All interest and income derived from deposits and investments in such Fund shall be credited to, and any losses debited to, such Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Bonds. SECTION 11. Tax Levy. To provide for the payment of the Debt Service Requirements on the Bonds being (i) the interest on the Bonds and (ii) a sinking fund for their redemption at Stated Maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while the Bonds or any interest thereon shall remain Outstanding, a sufficient tax, within the limitations prescribed by law, on each one hundred dollars' valuation of taxable property in the City, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Bond Fund and are thereafter pledged to the payment of the Bonds. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay such Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness and other obligations of the City. SECTION 12. Deposits to Bond Fund; Surplus Bond Proceeds. The City hereby covenants and agrees to cause to be deposited in the Bond Fund prior to a principal and interest payment date for the Bonds, from the annual levy of an ad valorem tax or from other lawfully available funds, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Bonds as the same accrues or matures or comes due by reason of Stated Maturity. 52322912.4 -19- Accrued interest, if any, received from the Purchasers of the Bonds, along with any taxes collected pertaining to the Refunded Obligations, after the Closing Date, shall be deposited to the Bond Fund. In addition, any surplus proceeds from the sale of the Bonds, including investment income thereon, not expended for authorized purposes shall be deposited in the Bond Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said Fund from ad valorem taxes. SECTION 13. Security of Funds. All money on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws of the State of Texas for the security of public funds, and money on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 14. Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in the payments to be made to the Bond Fund or (b) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Ordinance, the Holders of any of the Bonds shall be entitled to seek a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the City and other officers of the City to observe and perform any covenant, condition, or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. SECTION 15. Notices to Holders; Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first -class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Holders. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 16. Cancellation. All Bonds surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar 52322912.4 -20- and, if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly canceled by the Paying Agent/Registrar. All canceled Bonds held by the Paying Agent/Registrar shall be destroyed as directed by the City. SECTION 17. Mutilated, Destroyed, Lost, and Stolen Bonds. If (1) any mutilated Bond is surrendered to the Paying Agent/Registrar, or the City and the Paying Agent/Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Bond, and (2) there is delivered to the City and the Paying Agent/Registrar such security or indemnity as may be required to save each of them harmless, then, in the absence of notice to the City or the Paying Agent/Registrar that such Bond has been acquired by a bona fide purchaser, the City shall execute and, upon its request, the Paying Agent/Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same Stated Maturity and interest rate and of like tenor and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost, or stolen Bond has become or is about to become due and payable, the City in its discretion may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond or payment in lieu thereof, under this Section, the City may require payment by the Holder of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses and charges (including attorney's fees and the fees and expenses of the Paying Agent/Registrar) connected therewith. Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Bond shall constitute a replacement of the prior obligation of the City, whether or not the mutilated, destroyed, lost, or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Bonds. SECTION 18. Sale of Bonds — Authorization of Purchase Contract — Official Statement Approval. The Bonds authorized by this Ordinance are hereby sold to Citigroup Global Markets Inc., Dallas, Texas, as the authorized representative of a group of underwriters (the Purchasers, and having all the rights, benefits, and obligations of a Holder) in accordance with the provisions of a Purchase Contract dated , 2012 (the Purchase Contract) attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The Initial Bond shall be registered in the name of Citigroup Global Markets Inc. The pricing and terms of the sale of the Bonds are hereby found and determined to be the most advantageous reasonably obtainable by the City. Each Authorized Official is hereby authorized and directed to execute the Purchase Contract for and on behalf of the City and as the act and deed of the City Council, 52322912.4 -2 1 - 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 are true and correct in all material respects and shall be honored and performed by the City. Delivery of the Bonds to the Purchasers shall occur as soon as practicable after the adoption of this Ordinance, upon payment therefor in accordance with the terms of the Purchase Contract. Furthermore, the City hereby ratifies, confirms, and approves in all respects (i) the City's prior determination that the Preliminary Official Statement was, as of its date, "deemed final" in accordance with the Rule (hereinafter defined) and (ii) the use and distribution of the Preliminary Official Statement by the Purchasers in connection with the public offering and sale of the Bonds. The final Official Statement, being a modification and amendment of the Preliminary Official Statement to reflect the terms of sale, attached as Exhibit A to the Purchase Contract (together with such changes approved by the Mayor and City Secretary, or any one or more of said officials), shall be and is hereby in all respects approved and the Purchasers are hereby authorized to use and distribute the final Official Statement, dated , 2012, in the reoffering, sale and delivery of the Bonds to the public. The Mayor and City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of the Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content manually executed by said officials shall be deemed to be approved by the City and constitute the Official Statement authorized for distribution and use by the Purchasers. SECTION 19. Escrow and Trust Agreement Approval and Execution; Proceeds of Sale; Contribution by City. The Escrow and Trust Agreement dated as of December 11, 2012 to be effective upon the initial delivery of the Bonds to the Purchasers (the Agreement) between the City and The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (the Escrow Agent), attached hereto as Exhibit C and incorporated herein by reference as a part of this Ordinance for all purposes, is hereby approved as to form and content, and such Agreement in substantially the form and substance attached hereto, together with such changes or revisions as may be necessary to accomplish the refunding or benefit the City, is hereby authorized to be executed by the Mayor and City Secretary and on behalf of the City and as the act and deed of this City Council; and such Agreement as executed by said officials shall be deemed approved by the City Council and constitute the Agreement herein approved. Furthermore, any Authorized Official and Bond Counsel, in cooperation with the Escrow Agent, are hereby authorized and directed to make the necessary arrangements for the purchase of the Federal Securities referenced in the Agreement and the initial delivery thereof to the Escrow Agent on the day of delivery of the Bonds to the Purchasers for deposit to the credit of the "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT REFUNDING BOND TAXABLE SERIES 2012 ESCROW FUND" (the Escrow Fund), including the execution of the subscription forms for the purchase and issuance of the "United States Treasury Securities - State and Local Government Series ", if any, for deposit to the Escrow Fund; all as contemplated and provided by the provisions of the Act, this Ordinance, and the Agreement. Immediately following the delivery of the Bonds, the proceeds of sale along with a cash contribution, if any, from the City (less certain costs of issuance, and accrued interest, if any, 52322912.4 -22- received from the Purchasers of the Bonds) shall be deposited with the Escrow Agent for application and disbursement in accordance with the provisions of the Agreement. The proceeds of sale of the Bonds not so deposited with the Escrow Agent for the refunding of the Refunded Obligations shall be disbursed for payment of costs of issuance and deposited with the place of payment (of the Refunded Obligations) in an account in the name of the City and applied for the purposes of providing for the payment of the costs and expenses incurred in connection therewith or deposited in the Bond Fund for the Bonds, all in accordance with written instructions from the City Manager. SECTION 20. Redemption of Refunded Obligations. The Refunded Obligations referenced in the preamble hereof become subject to redemption prior to their stated maturities at the price of par, premium, if any, and accrued interest to the date of redemption. The Mayor shall give written notice to the paying agent/registrar for the Refunded Obligations and the Escrow Agent that all of the Refunded Obligations have been called for redemption, and the City Council orders that such obligations are called for redemption on the dates set forth on Schedule I attached to this Ordinance, and such order to redeem the Refunded Obligations on such dates shall be irrevocable upon the delivery of the Bonds. Copies of the notices of redemption pertaining to the Refunded Obligations are attached to this Ordinance as Exhibit D and are incorporated herein by reference for all purposes. The respective paying agent for each series of Refunded Obligations is authorized and instructed to provide notice of these redemptions to the holders of the Refunded Obligations in the form and manner described in the respective ordinances authorizing the issuance of the Refunded Obligations. SECTION 21. Taxable Obligations. The interest on the Bonds is not excludable from the gross income of the holders thereof for federal income tax purposes. SECTION 22. Control and Custody of Bonds. The Mayor shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas and shall take and have charge and control of the Bonds pending their approval by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery of the Bonds to the Purchasers. Furthermore, any Authorized Official, or any combination thereof, is hereby authorized and directed to furnish and execute such documents relating to the City and its financial affairs as may be necessary for the issuance of the Bonds, the approval of the Attorney General and their registration by the Comptroller of Public Accounts and, together with the City's financial advisors, Bond Counsel, and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Bonds to the Purchasers and the initial exchange thereof for definitive Bonds. SECTION 23. Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Bonds, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. 52322912.4 -23 - Bonds, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Bonds or the principal amount(s) thereof on or prior to Stated Maturity or to the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, and /or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities, in the case of a net defeasance, have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any money deposited therewith, if any, to pay when due the principal of and interest on such Bonds, or the principal amount(s) thereof, on or prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof. In the event of a gross defeasance of the Bonds, the City shall deliver a certificate from its financial advisor, the Paying Agent/Registrar, or another qualified third party concerning the deposit of cash and /or Government Securities to pay, when due, the principal of, redemption premium (if any), and interest due on any defeased Bonds. Any money so deposited with the Paying Agent/Registrar, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Bonds, or any principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Bonds and remaining unclaimed for a period of three (3) years after the Stated Maturity of the Bonds or applicable redemption date, such money was deposited and is held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor, subject to the unclaimed property laws of the State of Texas. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem defeased Bonds that is made in conjunction with the payment arrangements specified in subsection (i) or (ii) above shall not be irrevocable, provided that: (1) in the proceedings providing for such defeasance, the City expressly reserves the right to call the defeased Bonds for redemption; (2) gives notice of the reservation of that right to the owners of the defeased Bonds immediately following the defeasance; (3) directs that notice of the reservation be included in any redemption notices that it authorizes; and (4) at the time of the redemption, satisfies the conditions of (i) or (ii) above with respect to such defeased debt as though it was being defeased at the time of the exercise of the option to redeem the defeased Bonds, after taking the redemption into account in determining the sufficiency of the provisions made for the payment of the defeased Bonds. SECTION 24. Printed Opinion. The Purchasers' obligation to accept delivery of the Bonds is subject to its being furnished a final opinion of Fulbright & Jaworski L.L.P., as Bond Counsel, approving certain legal matters as to the Bonds, said opinion to be dated and delivered as of the date of initial delivery and payment for such Bonds. Printing of a true and correct copy of said opinion on the reverse side of each of the Bonds, with appropriate certificate pertaining 52322912.4 -24- thereto executed by facsimile signature of the City Secretary of the City is hereby approved and authorized. SECTION 25. CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Bonds shall be of no significance or effect as regards the legality thereof, and neither the City nor attorneys approving said Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Bonds. SECTION 26. Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 27. Ordinance a Contract; Amendments - Outstanding Bonds. The City acknowledges that the covenants and obligations of the City herein contained are a material inducement to the purchase of the Bonds. This Ordinance shall constitute a contract with the Holders from time to time, shall be binding on the City and its successors and assigns, and shall not be amended or repealed by the City so long as any Bond remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the written consent of Holders holding a majority in aggregate principal amount of the Bonds then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided; however, that, without the consent of all Holders of Outstanding Bonds, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, and interest on the Bonds, reduce the principal amount thereof, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, the redemption price therefor, or interest on the Bonds, (2) give any preference to any Bond over any other Bond, or (3) reduce the aggregate principal amount of Bonds required for consent to any such amendment, addition, or rescission. SECTION 28. Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, Bond Counsel, Paying Agent/Registrar, and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, Bond Counsel, the Paying Agent/Registrar, and the Holders. SECTION 29. Inconsistent Provisions. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 30. Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. 52322912.4 -25 - SECTION 31. Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 32. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 33. Incorporation of Preamble Recitals. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 34. Authorization of Paying Agent/Registrar Agreement. The City Council of the City hereby finds and determines that it is in the best interest of the City to authorize the execution of a Paying Agent/Registrar Agreement concerning the payment, exchange, and transferability of the Bonds. A copy of the Paying Agent/Registrar Agreement is attached hereto, in substantially final form, as Exhibit A and is incorporated by reference to the provisions of this Ordinance. SECTION 35. Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 36. Unavailability of Authorized Publication. If, because of the temporary or permanent suspension of any newspaper, journal, or other publication, or, for any reason, publication of notice cannot be made meeting any requirements herein established, any notice required to be published by the provisions of this Ordinance shall be given in such other manner and at such time or times as in the judgment of the City or of the Paying Agent/Registrar shall most effectively approximate such required publication and the giving of such notice in such manner shall for all purposes of this Ordinance be deemed to be in compliance with the requirements for publication thereof. SECTION 37. No Recourse Against City Officials. No recourse shall be had for the payment of principal of, premium, if any, or interest on any Bond or for any claim based thereon or on this Ordinance against any official of the City or any person executing any Bond. SECTION 38. Continuing Disclosure Undertaking. A. Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: 52322912.4 -26- EMMA means the MSRB's Electronic Municipal Market Access system, accessible by the general public, without charge, on the interne through the uniform resource locator (URL) http: / /www.emma.msrb.org. MSRB means the Municipal Securities Rulemaking Board. Rule means SEC Rule 15c2 -12, as amended from time to time. SEC means the United States Securities and Exchange Commission. B. Annual Reports. The City shall file annually with the MSRB, (1) within six months after the end of each fiscal year of the City ending in or after 2012, financial information and operating data with respect to the City of the general type included in the final Official Statement authorized by Section 18 of this Ordinance, being the information described in Exhibit E hereto, and (2) if not provided as part such financial information and operating data, audited financial statements of the City, when and if available. Any financial statements so to be provided shall be (i) prepared in accordance with the accounting principles described in Exhibit E hereto, or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation, and (ii) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the City shall file unaudited financial statements within such period and audited for the applicable fiscal year to the MSRB, when and if the audit report on such statements becomes available. If the City changes its fiscal year, it will file notice of such change (and of the date of the new fiscal year end) with the MSRB prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. C. Notice of Certain Events. The City shall file notice of any of the following events with respect to the Bonds to the MSRB in a timely manner and not more than 10 business days after occurrence of the event: (1) Principal and interest payment delinquencies; (2) Non - payment related defaults, if material; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; 52322912.4 (5) Substitution of credit or liquidity providers, or their failure to perform; -27- (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701 -TEB), or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (7) Modifications to rights of holders of the Bonds, if material; (8) Bond calls, if material, and tender offers; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the Bonds, if material; (11) Rating changes; (12) Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; (13) The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) Appointment of a successor or additional paying agent/registrar or the change of name of a paying agent/registrar, if material. For these purposes, any event described in the immediately preceding paragraph (12) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in 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. 52322912.4 -28- The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the City in any event will give notice of any deposit that causes the Bonds to be no longer Outstanding. The provisions of this Section are for the sole benefit of the holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITH OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing their obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the holders and beneficial owners of the Bonds. The City may also repeal or amend the provisions of this Section if the SEC amends or repeals the applicable provisions of the Rule or any court of final jurisdiction enters judgment that such provisions of the Rule are invalid, and the City also may amend the provisions of this Section in its discretion in any other manner or circumstance, but in either case only if and to the 52322912.4 -29- extent that the provisions of this sentence would not have prevented an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds, giving effect to (a) such provisions as so amended and (b) any amendments or interpretations of the Rule. If the City so amends the provisions of this Section, the City shall include with any amended financial information or operating data next provided in accordance with this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. E. Information Format — Incorporation by Reference. The City information required under this Section shall be filed with the MSRB through EMMA in such format and accompanied by such identifying information as may be specified from time to time thereby. Under the current rules of the MSRB, continuing disclosure documents submitted to EMMA must be in word - searchable portable document format (PDF) files that permit the document to be saved, viewed, printed, and retransmitted by electronic means and the series of obligations to which such continuing disclosure documents relate must be identified by CUSIP number or numbers. Financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document) available to the public through EMMA or filed with the SEC. SECTION 39. Book -Entry Only System. It is intended that the Bonds will initially be registered so as to participate in a securities depository system (the DTC System) with the Depository Trust Company, New York, New York, or any successor entity thereto (DTC), as set forth herein. Each Stated Maturity of the Bonds shall be issued (following cancellation of the Initial Bonds described in Section 7) in the form of a separate single definitive Bond. Upon issuance, the ownership of each such Bond shall be registered in the name of Cede & Co., as the nominee of DTC, and all of the Outstanding Bonds shall be registered in the name of Cede & Co., as the nominee of DTC. The City and the Paying Agent/Registrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including the Letter of Representations attached hereto as Exhibit F (the Representation Letter). With respect to the Bonds registered in the name of Cede & Co., as nominee of DTC, the City and the Paying Agent/Registrar shall have no responsibility or obligation to any broker - dealer, bank, or other financial institution for which DTC holds the Bonds from time to time as securities depository (a Depository Participant) or to any person on behalf of whom such a Depository Participant holds an interest in the Bonds (an Indirect Participant). Without limiting the immediately preceding sentence, the City and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Depository Participant or any other person, other than a registered owner of the Bonds, as shown on the Security Register, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the delivery to any Depository Participant or any Indirect 52322912.4 -30- Participant or any other Person, other than a Holder of a Bond, of any amount with respect to principal of, premium, if any, or interest on the Bonds. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive a bond 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 this Ordinance with respect to interest checks or drafts being mailed to the Holder, the word "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. In the event that (a) the City determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b) the Representation Letter shall be terminated for any reason, or (c) DTC or the City determines that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the City shall notify the Paying Agent/Registrar, DTC, and the Depository Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Bonds shall no longer be restricted to being registered in the name of Cede & Co., as nominee of DTC. At that time, the City may determine that the Bonds shall be registered in the name of and deposited with a successor depository operating a securities depository system, as may be acceptable to the City, or such depository's agent or designee, and if the City and the Paying Agent/Registrar do not select such alternate securities depository system then the Bonds may be registered in whatever name or names the Holders of Bonds transferring or exchanging the Bonds shall designate, in accordance with the provisions hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Representation Letter. SECTION 40. Further Procedures. The officers and employees of the City are hereby authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the City all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the initial sale and delivery of the Bonds, the Paying Agent/Registrar Agreement, the Purchase Contract, the Agreement, and the Official Statement. In addition, prior to the initial delivery of the Bonds, any Authorized Official and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Ordinance or to any of the instruments authorized and approved by this Ordinance necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance and as described in the Official Statement, (ii) obtain a rating from any of the national bond rating agencies, or (iii) obtain the approval of the Bonds by the Texas Attorney General's office. In case any officer of the City whose signature shall appear on any certificate shall cease to be such officer before the delivery of such certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. 52322912.4 -3 1 - SECTION 41. Effective Date. Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption, notwithstanding any provision in the City's Home Rule Charter to the contrary concerning a multiple reading requirement for the adoption of ordinances. 52322912.4 [The remainder of this page intentionally left blank.] -32- PASSED, APPROVED AND ADOPTED on the 11th day of December, 2012. CITY OF CORPUS CHRISTI Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS DAY OF DECEMBER, 2012: Carlos Valdez, City Attorney Schedule I - Refunded Obligations Schedule II - Approval Certificate Exhibit A - Paying Agent/Registrar Agreement Exhibit B - Purchase Contract Exhibit C - Escrow and Trust Agreement Exhibit D - Notices of Redemption Exhibit E - Description of Annual Financial Information Exhibit F - DTC Letter of Representations 52322912.4 S -1 THE STATE OF TEXAS COUNTY OF N UECES I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the day of December, 2012, authorizing the issuance of the City's General Improvement Refunding Bonds, Taxable Series 2012, which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the day of December, 2012. (CITY SEAL) 52322912.4 S -2 City Secretary Schedule I Refunded Obligations 52322912.4 Schedule 1 -1 SCHEDULE II Approval Certificate See Tab No. 52322912.4 Schedule II -1 52322912.4 EXHIBIT A Paying Agent/Registrar Agreement See Tab No. A -1 52322912.4 EXHIBIT B Purchase Contract See Tab No. B -1 52322912.4 EXHIBIT C Escrow and Trust Agreement See Tab No. C -1 52322912.4 EXHIBIT D Notices of Redemption See Tab No. D -1 EXHIBIT E Description of Annual Financial Information The following information is referred to in Section 38 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: Financial information and operating data with respect to the City of the general type included in Appendix A under the headings "DEBT PAYABLE FROM TAXES ", "GENERAL REVENUES ", "GENERAL EXPENSES ", "AD VALOREM TAXES ", and "THE TAX INCREMENT FINANCING ACT ". 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. 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. 52322912.4 E -1 52322912.4 EXHIBIT F DTC Letter of Representations See Tab No. F -1 AGENDA MEMORANDUM First Reading at the City Council Meeting of December 11, 2012 Second Reading at the City Council Meeting of December 18, 2012 DATE: December 11, 2012 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP ©cctexas.com (361) 826 -3227 Reimbursement Ordinance for Bond 2012 Projects CAPTION: Ordinance relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds relating to constructing various City improvements from the proceeds of tax - exempt obligations to be issued by the City for authorized purposes; authorizing other matters incident and related thereto; and providing an effective date. PURPOSE: The City plans on awarding contracts in January 2013 associated with the Bond 2012 proposals approved by the voters on November 6, 2012. Since this will occur prior to the general obligation bonds actually being sold, this ordinance is needed for the City to reimburse itself for costs incurred prior to the receipt of the bond proceeds. BACKGROUND AND FINDINGS: On November 6, 2012 the voters of Corpus Christi approved seven of the eight bond propositions on the ballot. Those approved were as follows: Proposition 1 $55,000,000 Street Improvements Proposition 3 $4,750,000 Service Center Complex Improvements Proposition 4 $16,000,000 Parks and Recreation Improvements Proposition 5 $2,340,000 Museum & Library Improvements Proposition 6 $820,000 Public Health Improvements Proposition 7 $700,000 Public Safety Improvements Proposition 8 $8,400,000 Economic Development Projects In order to adhere to the time schedules to insure timely completion of these projects, the City must move forward with contracts prior to the completion of the final closing on the bonds. For the City to be eligible for reimbursement of any expenditure incurred prior to the bond sale, the City must declare its intent to reimburse itself for payments made prior to the bonds being sold. This action must meet specific U. S. Treasury Regulations and requires approval by the City Council. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: • Bond Counsel • Legal Department FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - $ - $ - $ - Encumbered/Expended amount of (date) - - - - This item - $ - $ - $ - BALANCE - $ - $ - $ - FUND(S): COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance ORDINANCE NO. AN ORDINANCE RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS RELATING TO CONSTRUCTING VARIOUS CITY IMPROVEMENTS FROM THE PROCEEDS OF TAX - EXEMPT OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED PURPOSES; AUTHORIZING OTHER MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the Governing Body) of the City of Corpus Christi, Texas (the Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance the costs associated with (i) the projects approved at an election held on November 6, 2012 by the City (the Construction Costs), (ii) the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs (the Engineering Costs), (iii) the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs), and (iv) the payment of various administrative costs, including the fees of bond counsel, financial advisor, project manager, project consultant, other professionals, and bond printer (the Administrative Costs) [the Construction Costs, the Engineering Costs, the Architectural Costs, and the Administrative Costs collectively constitute the costs of the Issuer's projects that are the subject of this Ordinance (the Project)]; and WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code (Section 1201.042) provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; and WHEREAS, the United States Department of Treasury (the Department) released Regulation Section 1.150 -2 (the Regulations) which establishes when the proceeds of obligations are spent and therefore are no longer subject to various federal income tax restrictions contained in the Internal Revenue Code of 1986, as amended (the Code); and WHEREAS, the Issuer intends to reimburse itself, within eighteen months from the later of the date of expenditure or the date the property financed is placed in service (but in no event more than three years after the original expenditures are paid), for the prior lawful capital expenditure of funds from the proceeds of one or more series of tax - exempt obligations (the Obligations) that the Issuer currently contemplates issuing in the principal amount of not to exceed $88,010,000 to finance a portion of the costs of the Project; and WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; and 52351715.2 WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer's budgetary and financial circumstances; and WHEREAS, the Governing Body hereby finds and determines that the adoption of this Ordinance is in the best interests of the citizens of the Issuer; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1: This Ordinance is a declaration of intent to establish the Issuer's reasonable, official intent under section 1.150 -2 of the Regulations and Section 1201.042 to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred (not more than 60 days prior to the date hereof) or to be incurred with respect to the Project from the Issuer's General Fund or other lawfully available funds of the Issuer. SECTION 2: The Issuer intends to issue the Obligations and allocate within 30 days after the date of issuance of the Obligations the proceeds therefrom to reimburse the Issuer for prior lawful expenditures with respect to the Project in a manner to comply with the Regulations. SECTION 3: The reimbursed expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles. SECTION 4: The Issuer intends to otherwise comply, in addition to those matters addressed within this Ordinance, with all the requirements contained in the Regulations. SECTION 5: This Ordinance may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law and the Regulations. SECTION 6: With respect to the proceeds of the Obligations allocated to reimburse the Issuer for prior expenditures, the Issuer shall not employ an abusive device under Treasury Regulation Section 1.148 -10, including using within one year of the reimbursement allocation, the funds corresponding to the proceeds of the Obligations in a manner that results in the creation of "replacement proceeds ", as defined in Treasury Regulation Section 1.148 -1, of the Obligations or another issue of tax - exempt obligations. SECTION 7: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Governing Body. SECTION 8: All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this 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. -2- 52351715.2 SECTION 9: This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 10: If any provision of this 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 Governing Body hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 11: 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 12: This Ordinance shall be in force and effect from and after its final passage, and it is so ordained. [The remainder of this page intentionally left blank] -3- 52351715.2 PASSED, ADOPTED AND APPROVED on this the 18th day of December, 2012. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (ISSUER SEAL) APPROVED THIS DAY OF DECEMBER, 2012: Carlos Valdez, City Attorney -4- 52351715.2 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 18th day of December, 2012, relating to establishing the City's intention to reimburse itself in an amount not to exceed $88,010,000 for improvements that were approved by the residents of the City at an election held on November 6, 2012, which Ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the day of 2012. City Secretary (CITY SEAL) -5- 52351715.2 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 11, 2012 Second Reading Ordinance for the City Council Meeting of December 18, 2012 DATE: TO: FROM: Pete Anaya, P.E., Director of Planning and Environmental Services petean @cctexas.com, (361) 826 -3781 December 7, 2012 Ronald L. Olson, City Manager Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com, (361) 826 -3729 Ordinance to Amend Capital Improvement Program Budget for Bond 2012 Projects CAPTION: Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to add the voter - approved Bond 2012 projects as listed in Attachment 1; increasing revenues and expenditures in the amount of $30,674,000. PURPOSE: To amend the Fiscal Year 2013 Capital Improvement Program Budget to include the Bond 2012 voter - approved projects as shown in Attachment 1 so work on these projects may begin. ATTACHMENT ONE SUMMARY: CIP Fiscal Year 2012 — 2013 is to be amended as follows for the General Obligation Bonds: Streets: $17,662,000 Parks: 4,000,000 Public H & S: 855,000 Public Facilities: 1,298,000 Sub - total: $ 23,815,000 General Obligation Funds A separate agenda item for this week will include a Reimbursement Resolution to reimburse the City for General Obligation Bond expenditures incurred prior to the bonds being sold. CIP Fiscal Year 2012 — 2013 is to be amended as follows for the associated utility work required: Water: $1,325,000 Wastewater: 1,063,000 Storm Water: 4,281,000 Gas: 95,000 MIS: 95,000 Sub - total: $6,859,000 Utility Funds Total Amendment: $30,674,000 An additional $6,764,000 of utility revenue bonds will be sold in the City's upcoming bond issuance program to cover these programmed costs. MIS costs cannot be paid for with utility revenue bonds and will be the responsibility of the department. Future year expenditures will be included in the FY 2014 Capital Improvement Program Budget as it is developed. BACKGROUND AND FINDINGS: On Tuesday, November 6, 2008, the City of Corpus Christi held an election to consider eight ballot propositions to fund major capital improvements for the community, Bond Issue 2012. City voters approved seven of the eight propositions for a total of $88,010,000 to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, and Parks and Recreation. The projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. Prior to the election, the city issued Request for Qualification (RFQ) No. 2012 -03 Bond Issue 2012 and CIP Projects to solicit firms which would be interested in working on these projects. On November 7, 2012, the results of the RFQ were released and staff began negotiating design contracts for the first fourteen street projects. These contracts are scheduled to come before Council for approval in the January 2013 timeframe. ALTERNATIVES: 1. Do not amend the Capital Improvement Program (CIP) Budget at this time. Projects would then be delayed and not begin until the Fiscal Year 2013 — 2014 CIP Budget is approved. (not recommended) OTHER CONSIDERATIONS: Approving the amendment will allow the projects to move forward as per the proposed Bond 2012 execution schedule and allow for timely completion of the projects. CONFORMITY TO CITY POLICY: Conforms to statutes regarding City Ordinances, FY2012 -2013 Capital Budget; and is consistent with the City's Comprehensive Plan. EMERGENCY / NON-EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 212,844,400 212,844,400 This item 30,674,000 30,674,000 BALANCE 243, 518, 400 243, 518, 400 Comments: Only Year One of the FY 2013 Capital Improvement Program Budget is being amended with this item. RECOMMENDATION: City Staff recommends approval of the ordinance to amend the Fiscal Year 2013 Capital Improvement Program Budget so work on the projects may begin. LIST OF SUPPORTING DOCUMENTS: Ordinance Attachment One Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to add the voter - approved Bond 2012 projects as listed in Attachment 1; increasing revenues and expenditures in the amount of $30,674,000. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 is amended include to voter - approved Bond 2012 projects as listed in Attachment 1. SECTION 2. The FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 is amended to increase revenues and expenditures in the amount of $30,674,000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED on this the day of , 2012. ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor ATTACHMENT ONE GIPIALLZCATIONS O O O O CO CO Lid LC) O CO N- ti O — — LC) U 69- I- ti Ef) Ef) Ef) u Ef3 Ef3 LO LO CO CO 0) 0) O LC) LLB • E!) 69- O N Ef) Ef) u r Ef3 O L{) L{) LC) I- N- O N ti CO CO CO CO O CON N69-69-05)0) Ef3 6'3 69- 6'3 O I- 00 CO CO CO O (3) LC) 00 LC) L0 N N 't (3) CO cf} cf} N- 00 CN 6'3 6'3 6'3 6'3 O L0 LC) LC) (0 CD CO CO O N F}} F}} co 0 co 0 ✓ E 6'3- r L{) N N L{ L{ O L{) H) 6'3- N CO 0) PROPOSITION NO. 1: STREET PROJECTS N 0 U 0 1— 0 0 0 0 0 0 0 0 O N d' L0 L0 O O O LC) O H) 69- d E E N CO- N-- - O O CO CO CO CO O O O 0) LO CO CO O O CO N N Ef} Ef} 00 N- (-4 6'3- 6'3-N LO F- LUr LU 1- f) Ln a w w E 0) s a 0 2 NN0 NN® E 0. 0 L L • 46 /0 e' • 1-1 W V! .o ccs O 0 •/ • 0 z. Sub -Total Utilities Project Total ammE�-��a ▪ a a o CD 2 Cl) (% Cl 7.-. 1.-s5 ▪ 0) o d N 22 w cu L Ve�/^ ! N w E 0 w a) V! ea w E N to Louisiana Avenue V! LO 00 00 00 CO CO LO O N CO LC) CO N N LC) LC) U U CN U U d- 0) O 00 CO CO O O O O L() N 0) 0) - - LO O I� N 00 Cf) U CO 0 0 0 0 0 0 0 0 Ef) Ef) Ef) Ef) Ef) Ef) Ef) Ef) O I- CO LC) O O ti ti LO LO CO N- CO CO I- N 0 - - CO U U 0) 0 69- 69- Ef} u, CV LO O d- 0) LO LO CO CO I� ti d Cfl x- CO Cr) - - CO U U 0 Cr) Ef}Ef}Ef} N O CO 0) 0) 0) 0) O O LO I- d' O N - LO O Cr) - - CO U U 0 r Ef}Ef}Ef} CN- 6'3- Ef) LO 0 0 CO CO CO N d d- CO 0) N LC) U H) r Ef} U CN O Ef) Ef) Ef) Ef) LO I- O CO d' d' O N- I- Liz t CN Cf) U CO N- CO 69- 69- N CO I- Ef} Ef} O 0) O O CO CO O O LO LO LO CO Cf)Ef) �� N CO O O C7 N- N- Cr) C0 O O O I- CO I- O CO O O N N O Ef) Ef) I- O CV Ef} Ef} r r C 7 Ef) Ef) Ef) Ef) O LC) LC) LO CO CO O O LO CO O CO CO O O LO d' CO I-- Cf) 69- I-- N LC) E 6'3- CN- 6'3- Ef) Ef) O d' CO CO LO LO O O O CO 03 N N O CN 0) U U r CN Ef) Ef) Ef) N- CO - 6'3- Ef) Ef) Wastewater E 0 O N A Project Total L Irs c O ® 0 to ▪ V ▪ a) co o d N 22 Ocean Drive from Buford Street to Louisiana Avenue Tuloso Road to Leopard Street Project Total O I- ti CO CO O O O N 00 CO CO CO L() L(7 I� N 00 Cf) U CO 0 Ef) Ef) Ef) N- CO 0 LC) N N N- N- 0 O LC) d' (3) L() CO CO L() O CO CO N CO H) Ef) O I� N 69- 69- LC) LC) L( 0) 0) O L() 69- 69- 69- u r O CO O - (3) (3) LO L() LC) O d LO N N x CO CO 69 69 0 00 69- 69- Ef) Ef) r r L{) CO 0) d' d' t 0) d' N LO N- N N C) (0 CO N N O H) Ef) L() CO CN Ef) Ef) Ef) Ef) O N CO 0) N N N (0 C0 0) O N N CO CO L() (NI 0) U U co 0) Ef}Ef}Ef} N- 69 Ef) O L{) 0) 0) I- N- L{) L{) d' Cf) u CO 00 00 69- 69- N CO N- 69- 69- u r Ef) LO CO CO CO CO CO CO CO N CO I- C7 u Ef) CO CO 69- 69- CO LO CO E E Ef) Ef) LO O O I- O CO 0) •- I- ti C0 I- Cf) Ef) 0) I-- 69- 69- N Ef) Ef) u r Ef) O N d' t LO LO O O O d' I- CO I- ti O O d d' CO I� Cf) Ef) I� co - - N (0 O 0) CO CO CO CO O O O CO CO O CO CO O O C7 CO L{) (f) 69- Li) 69- 69- N 0) O C7 CO CO 0 0 O O d CO CO CO O O d' CO LO d- L() C7 69- 69- N LO- 69- Wastewater .o Tes 0 N A Project Total 0 ccs L 0 2 E 0 L e/L cts2 Vw! / (II (v Ca w V/ e(wa (fI Cl c 1- McArdle Road from Nile Drive to Ennis 00 Project Total dt O O O O (.C) O N (3) CO N- ti O I- (f) Ef) CO Ef) Ef) LC) CO Ef) Ef) Ef) r Ef) O LC) N N N— N— O O L{) x— CO �t CO CO O LC) O N CO ef) U Cr) 0) Ef}Ef}Ef} N— N Ef) Ef) Ef) 0 0 0 0 0 0 0 0 Ef) Ef) Ef) Ef) Ef) Ef) Ef) Ef) O C7 •t — LC) (C) 00 CO L{) N CO L{) CO CO N N- t N CO cf) Ef) CO r- Ef}Ef}Ef} N- N- 69- Ef) Ef) L{) O CO d' t L{) O N O CO Cr) N N N- O CO — — (0 H) Ef) 0) CO Ef) Ef) Ef) Ef) Ef) r Ef) L{) CO t O) O) LC) O O E!) & CO 69- (13 N O Ef) Ef) Ef) r Ef) LC) O CO (3) N Cfl LC) (C) I- (f) Ef) N Ef) Ef) Ef) Ef) N (3) N CO N- 6'3- r Ef) (.{) CO L{) O CO CO 't (3) N LC) x— Ef) Ef) N �t 00 (f) Ef) N CO N- 6'3- Ef) Ef) r Ef) (n O) L{) (C) CO CO L{) 0 N N N N— Ef) Ef) N- 0 N cf) 69- Ef) Ef) Ef) Ef) O N- O) O) CO CO O O O I- — ti 0 0 0 O O CO CO d cf) Ef) CO N N 69- 69- N LC) Ef) Ef) Ef) Ef) O O CO CO CO CO O O O N O 00 O O 0 0 CO d- CO CO (f) Ef) O (3) C7 69- 69- N LC) Ef) Ef) Ef) Ef) 0 I- O) O) CO CO 0 0 0 N— (3) Li 0 O) — (f) d- Ef) Ef) I`-- O Ef) Ef) Ef) Ef) Ef) Wastewater Project Total 0 0 15 a) w E O L css O d d O O O (1) 2 < r r Project Total L CO CO O) O) O LO LO N � O Ef) 69- u r O N- CO CO O O CO CO LO LO CO N N d- 0) CO U U 0) 0 Ef}Ef}Ef} U N LO 00 ti t CO CO LO O Ef) Ef) 69- Ef) O O CO CO CO CO O O O O) LO ti CO CO O O CO N N Ef} Ef} CO N- (-4 Ef} Ef} d' V/ cc o u/ S" LL E O to. • IVwe 5 O • o ea 4.6 CO Cl T"' Wastewater Project Total 0 0 0 0 0 0 0 0 O- O) N O O N N ( d LO N N LO O O N LO Ef) u CO 0) Ef)Ef)Ef) U r Ef) Ef) O N O N LO LO O O LO 6'3- CD Ef}� CO f} N Ef) Ef) Ef) Ef) O N d' d' LO LO O O O OO LO N N O O d I� (f) Ef) LO Ef} Ef} Ef} N Ef) Ef) Ef) O ▪ a) a) O - % c c O 0 = 0) O N d O LO N N CO CO 0 0 (f) & CO 0 r CO 69- 69- u r O CO LO LO O) O) O O I- O) O) 0) Cr) N (f) Ef) d Ef}Ef}Ef} N Ef) 69- Ef) O N- CO O) d d CO 6'3- O 69- 69- O 0) 69, CO Ef) Ef) Ef) Ef) O CO CO CO LO LO O O O CO CO N N N O O CO CO N CO Ef} Ef} O CO N Ef} Ef} N d' w E 0 Project Total L() L() L() CO 00 O L() 0 0~0 CO N CO CO N Cr) LO- 69- 0 Cr) CO I- N 0 L() L() F}} CO CD U U (.fl Cfl N N LO LO LC) N N O N 0— CO N CO — CO U U CO CO CO N N Ef} L 69- Ef}Ef} u r 0 0 0 0 0 0 0 0 O CD 0 CO Ef} O O N N- LO Ef} LO 0 N N 69' t I- 69 Ef} Ef} 69 Ef} Wastewater 0 0 0 0 0 0 0 0 CO ON � CO 0 U U � Ef} Ef} Ef} Ef} N Ef} Ef} 1.0 0 1.0 0 0 0 1.0 0 N 0 I- 0 U u I- 0 d' . d' LO 1.0 0 1.0 0 0 0 1.0 0 . d' LO Ef} 0 0 0 0 0 0 0 0 0 0 0 0 u u 0 CO 00 O a0-A r w — O N O d a) cts V! �0y e'}^/ V! of) E ®) o N T. 2 0 0 0 0 0 0 0 0 O (0 N- N 0 0 LO 0 U U O) CO O O) N CO- 69- O N L0 ti O 0 'Cr d- O) 69- N d' CO Ef} Ef} 0 N- CO 0 0 0 0 0 0 CD CO 0 U U 0 0 00 C7 - - , N (0 17 Yorktown Boulevard from Rodd Field Road to Cimarron Boulevard Wastewater V! Cr) O CO 0 0 0 00 0 Cif 69- 69- U (0 CN 69- CO (0 0 0 0 0 0 0 LO N- H) 69- 69- 69- 69- u N- 0 0 0 0 0 0 0 0 O Ef}Ef}Ef}Ef}Ef}Ef} O LO LO 0 (0 0 d- 0 0 0 d- 6) N ( d' (f) 69- U 0) C7 CO Ef} Cr) I- 0 0 0 0 0 0 0 0 LC) 69- U 69- 69- 69- U L{) 0 0 0 0 0 0 0 0 0 Ef Ef Ef Ef Ef Ef O 0 0 CO 0 0) 0 0 0 0) CN Cif U Ef) Ef) U N- N (0 0 0 0 0 0 0 LO N- ) H69- 69- 69-69- u N- 0 0 0 0 0 0 0 0 0 Ef) Ef) Ef) Ef) Ef) Ef) 0 LO LO 0 LO 0 0 0 0 0 0 0 0 (0 L0 69- 69- 69- 69- (0 co Ef) Ef) U 0 0 0 0 0 0 0 0 O u, Ef} Ef} Ef} Ef} u 0 CO CO N N 0 0 0 0 0 0 0 0 0 E f E f E f E f E f E f O N N 0 LO Wastewater E N cn 2 Sub -Total Utilities Project Total ADA Master Plan Improvements Sub -Total Utilities 0 N v w d Signal Improvements and Street Lighting 0 N Project Total TxDOT Participation :11t &IIIMAlt IP FY IntirellaglitisilE2 Ll1 ii O N M r-I 0 N O Ln ui N 00 l0 L n o Ln m o0 N Ln N LO m N N Ln N CO t/} tr in tn- tn• L n Ln co 0o m N N CO W c I L!i CV co co —1 r-i W 0 J 0c 0 LLJ 1- z LiJ 5 W s� d z 0 N 0 o_ 0 ILL NEI Project Description 0 0 0 0 0 O 0 Ln Ln Ln dt tn- N in- in- oA - a) ▪ in- Solid Waste General Services Solid Waste 0. a, oc o al 57. o N coc +,, o. tto ``0 V • •. E . f- LL 5 N > N a, m z 3 Q.c a, tto Z • E a-o Q C -0 .5 .5 w 0 0 LS 00 • E w a, oc c 3 O - 0 L C C 0 t 0 a0 u f6 gm y 2 ill E N C N N aL' C • ++ h Q LL h cn c W0 NO3 I N I N N N N 0 Lf N TOTAL PROPOSITION NO. 3 (SERVICE CENTER COMPLEX IMPROVEMENTS): o 0 o 0 O L() Ln Q O Ln Lf) N t/) t/} 0) L? 0 Lf o Ln Ln o 0 Ln N Ln Lfl N Cr) 00 N N in- t/? N L? to tn- 0 Ln Ln O N Ln Ln N co 00 N t/'- tf- t!- tf 0 0 0 PROPOSITION NO. 4: PARKS AND RECREATION IMPROVEMEI 0 0 0 0 0 O 0 O O O o Ln Ln O Ln c-I m m m in- in- in- if} Park & Recreation Park & Recreation Park & Recreation 4 c 0 a, Q O c Em E • E • f6 O O Tu 7.1 m N N 00 a ca Y � � c m u- = E Y ' ✓ 2 < Park & Recreation Park & Recreation Ocean Drive Park Improvements 01 O ei N M N M M M M 0 lS' TOTAL PROPOSITION NO. 4 (PARKS AND RECREATION IMPROVEMENTS): COOCO - ttiCOLC) CV) I- N Cfl O 0) LC) 0) LC) (C) 00 CO N N- N- N IS (6 N IS Ef3 Ef} Ci - Eft to Le- c� Ef} Ef} 09 en =� 0 VI- C r-1 N i §• -- CO 0 0 CO N N N CO O Co 0) CO 04 co O o) CO- N N O OD- €& N Ef3 Ef} te- 00 - M> r'1 N co CO LO (- \I 10 0) CO N- 0) 0) 0) Ln c') CO N co- €o en Ef} N N L( co eV • • O P. 00 N N— co c') (0 N-_ CO_ CO (0 CO c''�6 v J 00- v J v J v J up rYI ill- V cc a I- it I- O z z O 1- O a 0 cc a Q J 1- 0 1- O .65 ■ C — C— L O U - '� a ca is a O O I- I- = W :11t &IIIMAlt IP FY IntirellaglitisilE2 Ll1 ii O N M r-I 0 N O Ln ui N 00 l0 L n o Ln m o0 N Ln N LO m N N Ln N CO t/} tr in tn- tn• L n Ln co 0o m N N CO W c I L!i CV co co —1 r-i W 0 J 0c 0 LLJ 1- z LiJ 5 W s� d z 0 N 0 o_ 0 ILL NEI Project Description 0 0 0 0 0 O 0 Ln Ln Ln dt tn- N in- in- oA - a) ▪ in- Solid Waste General Services Solid Waste 0. a, oc o al 57. o N coc +,, o. tto ``0 V • •. E . f- LL 5 N > N a, m z 3 Q.c a, tto Z • E a-o Q C -0 .5 .5 w 0 0 LS 00 • E w a, oc c 3 O - 0 L C C 0 t 0 a0 u f6 gm y 2 ill E N C N N aL' C • ++ h Q LL h cn c W0 NO3 I N I N N N N 0 Lf N TOTAL PROPOSITION NO. 3 (SERVICE CENTER COMPLEX IMPROVEMENTS): o 0 o 0 O L() Ln Q O Ln Lf) N t/) t/} 0) L? 0 Lf o Ln Ln o 0 Ln N Ln Lfl N Cr) 00 N N in- t/? 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N O O N Vehicle Impound Yard and Garage - Phase 2 O N TOTAL PROPOSITION NO. 7 (PUBLIC HEALTH IMPROVEMENTS): SNOIJ.VO01' IO tO Q O tO Q O O m O O) m 00 O O O O O CO m N t/)- t/)- un 1r) m N t/} t/} lO t/} t/} lO 00 O m N m t/} t/} 00 m t/)- Q m N tto tto too tto tto too m t/} t/} o O Q) to to N PROPOSITION NO, 8: ECONOMIC DEVELOPMENT PROJECTS O t/} t/} t/} t/} u-) ri rl Lt) O N lO LP) t/} t/} O O �o t/)- m �n tn- ri t/- 15 rJ, w — L co SeaTown Pedestrian Improvements Wastewater E 0 cti 2 Sub -Total Utilities North Beach Area Road Improvements & Area Beautification Wastewater E 0 cti cry 2 Sub -Total Utilities is) t/} Q N m 00 t/)- t/_ O 00 0) d• O O LP) If) d• N t/} t/} m 00 N N m In t/} 0 00 1J) Q .C/N. 1- m t t ors ors d- a- N t/} t/} o m 0 O t 0 t0 O O O rl ri II) N N t/} t/} t/} t/} th Shoreline 0 z hi N co 0 Gj i ▪ W R Y R3 i CU cu m i i i ✓ .a • i m fa ▪ R 0. 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N m c-I t!,- if} t!} rl tn- 0) Wastetivater L PROPOSITION NO. 8 Wastewattlit 0 N C Sub -Total Utilities Sub -Total Project TOTAL PROPOSITION NO. 8 (ECONOMIC DEVELOPMENT): m 0 o0 0 0 to co m d- N CO 00 l0 O to rt N Lr) d- O O1 N l0 m Lf) l0 .- 1 CO Ol CT) N ri ri N O to ri o0 m N 00 l0 N t/} in N t!} t/? i)- -1 dr tr {rF t/} i!} Ln O co m Li") N N N N N N N O Ol CO Lt 0 N l0 N N cr 01 M Ln CO b Ln o0 O N CO m N N 111 Lr) c-1 N Ln m cr t/} t/} i-I 1- (-- t!} t!} t!} m tr)- t!} -1 N Lr) m 0 Lr) CO L ) Ln m ri Ln ct O1 'i' to 0 111 07 ri N l0 co Ol Ol Lr) N L0 0 CO N CO CO O N -CO- t/} CO l0 N d tn- c- m ri .-1 LD O ri in- -Cr)- ry if)- tr)- trr trr m th tr)- 0 0 0 0 0 CO CO l0 d m 01 01 0 0 N Ol c-1 Ln d- co N c-1 N m d 0 Cr r-1 0 01 O VD l0 N N 01 l0 m Lri 00 00 R R t/} d' N LO c--1 in- t/)- 00 t/)- L)- N m IA- V)- t!} t!)- t/} rl t!)- - PUBLIC HEALTH AND SAFETY PUBLIC FACILITIES Sub -total Bond 2012 WATER CIP O O O O U V U V Ct W- FW- a e aa" 33 3 ° Sub -total Utilities J H Ordinance Amending Chapter 57, Article II "TAXICABS" of the Corpus Christi Code by modifying, clarifying and expanding taxicab inspector's duties, modifying and clarifying enforcement, procedures, and regulations for owners, operators, and drivers of vehicles for hire, repealing section 57 -34 public notice of application, increasing fees for taxicab certificates, permits, and street user fees, and increasing fares for taxicabs; Amending Chapter 57, Article IIIA "LIMOUSINE AND SIGHTSEEING SERVICE" of the Corpus Christi Code by modifying and clarifying enforcement, procedures, and regulations for limousines and sightseeing services and increasing fees for permits and street user fees; 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. Chapter 57, Article II "TAXICAB" is revised to read as follows: ARTICLE II. — TAXICABS Sec. 57 -20. - Definitions. The following terms, as used in this article, article III, and article IIIA, shall have the meanings respectively ascribed to them: Business Days: The official working days of the City of Corpus Christi not including weekends or public holidays. Certificate: A certificate authorizing taxicab or vehicle for hire service in the City of Corpus Christi issued pursuant to this article. Driver or chauffeur: Shall be held to include every person in actual charge of the operation of a taxicab or vehicle for hire, whether he is the owner or is an agent, servant or employee of the owner. For hire: For money or other thing of value, gratuities, tips and free -will offerings, whether paid directly or indirectly, as compensation or consideration for services rendered. Mobile Data Terminal or MDT: a computerized GPS dispatch system terminal that is mounted in the vehicle to allow for dispatching of taxicabs. Owner.-: Any person, firm, corporation, association, partnership or society who holds a valid and current certificate and who has the control, direction, maintenance and the benefit of the collection of revenue derived from the operation of one or more taxicabs on or over the streets or public ways of the city, whether as owner or otherwise. Taxicab: Every automobile or motor - propelled vehicle used for the transportation of passengers for hire over the public streets of the city and not over a defined or fixed route, irrespective of whether or not the operations extend beyond the city limits, at rates for distance traveled, for waiting time, for both or at rates per hour, per day, per week or per month under circumstances that such vehicle is routed under the direction of the passenger hiring same. The term "taxicab" does not include driverless vehicles nor does it include vehicles operated exclusively under any special certificate carrying to or from any municipal airport of the city to any point within the city or through any part of the city, but the provisions relating to drivers shall apply to all vehicles operated under special certificate, as well as other vehicles included herein, when a driver is furnished. Taxicab stand: A public place alongside the curb or curbline of a street which has been designated by the city traffic engineer as reserved exclusively for the use of taxicabs in accordance with the provisions of this article and the traffic ordinances of the city. Taximeter: A machine adapted automatically to calculate at a predetermined rate and to register the charge for hire of a taxicab, and such charges shall be indicated numerically. Vehicle for hire: Shall mean every chauffeured vehicle, other than mass transit vehicles or vehicles involved in an organized car pool not available to the general public, which operated for any fare or compensation and used for the transportation of passengers over city streets. Such vehicles shall include but not be limited to taxicabs, buses, vans, motor coaches, limousines, classic vehicles, luxury vehicles, horse drawn carriages and pedicabs. Waiting time: Such time as may be consumed or lost at the special instance and request of a passenger after such passenger has first entered the taxicab to make a trip and before reaching his final destination; and no charge shall be made against a passenger for any time lost on account of any other delay whatsoever. Sec. 57 -21. - Enforcement and administration — Generally. Enforcement and administration of the provisions of this article and the supplemental regulations for Taxi cabs at the Corpus Christi International Airport shall be a function of such officers and employees of the city as may be designated by the city manager. The designated employees shall exercise powers and promulgate rules necessary to enforce the provisions of this article. Sec. 57 -22. - Same — Police assistance. The taxicab inspector and such other employees as are designated by the city manager or his designee may call upon the police department of the city for cooperation in enforcing the provisions of this article, and it shall be the duty of the chief of police to direct the members of the police department to give such cooperative action as requested, and it shall further be the duty of all police officers of the city to make investigations of violations of this article and to make arrests for violations of this article committed in their presence in the same manner as for violations of the traffic ordinances of the city. Sec. 57 -23. - Taxicab inspector— Appointment. Taxicabs and vehicles for hire shall be under the supervision of the taxicab inspector of the city, who shall be appointed with the approval of the city manager. Sec. 57 -24. - Same — Duties generally. It shall be the duty of the taxicab inspector to receive all applications for certificates to operate taxicabs and vehicles for hire and to receive all other applications under this article, conduct hearings thereon, from time to time inspect the operations of taxicabs and vehicles for hire; inspect the taxicab and vehicles for hire vehicles within the city;i enforcement of city ordinances and such other duties as may be required of him in connection with the taxicab and vehicle for hire operations. Sec. 57 -25. - Same — Records and reports; action to suspend or revoke privilege; records and reports by others. The taxicab inspector shall establish, maintain and keep a system of records showing whether the holder of any certificate to operate a taxicab or vehicle for hire in the city has been guilty of a breach of any condition of such certificate or has failed to comply in any material manner with the terms and stipulations thereof, and the taxicab inspector shall take action when, in his opinion, the certificate of any such operator should be suspended or revoked or penalties imposed on the holder under all the facts and circumstances reflected by the records. The records to be kept by the taxicab inspector as to performance of certificate holders shall include, but without limitation, records of charges, convictions, reprimands, warnings, and observations of officers and employees of the city concerning the performance of any certificate holder or employee of such holder. Sec. 57 -26. - Certificate holder and driver to comply. (a) Certificate holder. In the operation of a taxicab or vehicle for hire service, a holder shall comply with the terms and conditions of this article and regulations established under this article and be responsible for all vehicles authorized to operate under the holder's certificate. (b) Driver. While on duty, all drivers shall comply with this article, regulations established under this article, other law applicable to the operation of a motor vehicle in this state, and orders issued by the holder employing or contracting with the driver in connection with the holder's lawful discharge of his duty under this article. Sec. 57 -27. - Certificate holder's duty to enforce compliance by drivers. (a) A holder of a valid and current certificate shall establish policy and take action to discourage, prevent, or correct violations of this chapter by drivers, who are employed by or contracting with the holder. (b) A holder shall not permit a driver who is employed by or contracting with the holder to drive a taxicab or vehicle for hire if the holder knows or has reasonable cause to know that the driver has failed to comply with the rules and regulations established by this article. (c) Any failure to comply with regulations established under this article shall be cause for suspension or revocation of the certificate authorizing the holder to operate a taxicab or vehicle for hire service within the city. Sec. 57 -28. - Contract driver. (a) Certificate holders may contract with a driver, but only if the contract: (1) Provides that the certificate holder, taxicab owner, vehicle for hire owner and any taxicab or vehicle for hire driver shall indemnify the city and hold the city harmless for all claims or causes of action against the city arising from the conduct of the driver, operation of business, condition or operation of vehicle or claims arising under the contract; and (2) Provides that any taxicab operated pursuant to such contract be properly licensed, be in good working order and be equipped with a two -way communication system, taximeter, top light or flag indicating occupancy; and (3) Provides that the driver agrees to operate the taxicab or vehicle for hire and conduct himself in compliance with the Code of Ordinances of the City of Corpus Christi included but not limited to Article 11, Taxicabs; Division 4, Vehicles; Division 5, Drivers; Division 6, Taximeters, Fares; and (4) Provides that failure to comply with any requirements of the City Code by the driver will constitute a breach of contract with the certificate holder. (b) thc city manager or his designee bcforc thc contract is valid. The city manager or his designee may disapprove a contract form if he determines that the contract is inconsistent with regulations established undcr this chaptcr. A holder may not use a contract that has not been approved by thc city manager or his dcsigncc. The contract between a holder and driver must be consistent with regulations established under this chapter. The certificate holder must provide contracts upon request from the City. Any certificate holder who enters a contract inconsistent with regulations established under this chapter is subject to suspension or revocation. Sec. 57 -29. - Suspension and revocation of certificate. Any certificate may be either suspended for any period of time not to exceed six (6) months or revoked by the taxicab inspector. (1) The taxicab inspector shall suspend or revoke a certificate if it is determined that the holder has: a. Failed to comply with a correction order issued to the holder by the taxicab inspector or his designee, within the time specified in the order; or b. Intentionally or knowingly impeded the city manager or his designee, the taxicab inspector or a law enforcement agency in the performance of their duties; or c. Failed to comply with the requirements established in this article in any way; or d. Been convicted for violation of another city, state or federal law, which violation reflects unfavorably on the fitness of the holder to perform a public transportation service; or e. Substantially breached the terms of the certificate; or f. Failed to pay city ad valorem taxes, when due, on all vehicles and other equipment used in connection with the taxicab service; or g. Failed to pay the street use fee at the time it is due. (2) Every suspension or revocation of the certificate shall be in writing, dated and shall state the reason for such suspension or revocation. Such notice shall immediately be sent to the holder of such certificate. Such order of suspension or revocation shall be effective as of the date of such notice; provided, however, that the holder whose certificate has been suspended or revoked may within five (5) business days after the date of such notice appeal to the city manager or his designee for reinstatement by a request in writing for such relief. The city manager or his designee shall set a date not later than fivc (5) days fifteen (15) business days following receipt of the notice of appeal for hearing and after such hearing sustain or reverse the suspension or revocation. If no appeal is taken within the time and by the method hereby provided, then the order of suspension or revocation by the taxicab inspector shall be final. (3) A suspension of a certificate shall not affect the expiration date of the certificate. (4) Upon revocation of a certificate, said holder shall be ineligible for a new certificate for a period of two (2) years. (5) Reinstatement. After suspension of a permit, a holder may file with the city manager or his designee a written request for reinstatement. The taxicab inspector shall inspect the operation of the suspended holder to determine if the deficiency causing the suspension has been corrected by the holder. After inspection, the taxicab inspector shall submit his recommendation together with supporting facts to the city manager. The city manager or his designee may as he determines appropriate, reinstate the certificate or deny reinstatement. DIVISION 2. - CERTIFICATE, FEES, BUSINESS REGULATIONS Sec. 57 -30. - Certificate, license and permit required. It shall be unlawful for any person to drive or operate or to cause to be driven or operated any taxicab upon or over any street or thoroughfare in the city unless the owner or operator thereof has first secured a certificate from the city to operate a taxicab and the required license and permit to operate such vehicle under this article has been issued. Sec. 57 -31. - Certificate application— Requisites, filing. Every person proposing to operate a taxicab service in the city shall make application in writing on forms provided by the city requesting a certificate pursuant to the terms of this article for such proposed taxicab service. Such application for certificate to operate a taxicab service shall be verified under oath and shall be filed in triplicate and accompanied by a nonrefundable filing fee of two hundred dollars {$200.00} two hundred fifty dollars ($250.00) to cover administrative costs and the costs of publication of notices as required in this article. Sec. 57 -32. - Same — Information to be given. Every application for a certificate under this article shall include the following information: (1) The name and address of the applicant. (2) A sworn statement by the applicant (which term shall include every person with a ten (10) per cent or greater ownership interest in the applicant) that there does not exist any unsatisfied final judgment against the applicant or any entity in which the applicant has or, at the time of judgment, had a ten (10) per cent or greater ownership interest, which judgment arose out of the operation of a taxicab business. (3) Experience of the applicant in the transportation of passengers. (4) Whether the applicant has been convicted of criminal offenses listed by the city manager or his designee as reflecting unfitness to operate a public transportation service. (5) The minimum and maximum number of vehicles taxicabs proposed to be operated by the applicant. The minimum number of vehicles taxicabs placed into service at the time of issuance of a certificate shall be at least one (1). (6) Location of proposed base of operations and call box stands within the Corpus Christi city limits and in a location other than a dwelling. (7) The color scheme and insignia to be used to designate the vehicles of the applicant, which shall be distinct and unique from any other taxi company currently operating. (8) The model year, make current license number, and vehicle identification number of each vchicics taxicab the applicant expects to use in its operation., and thc probablc agc and condition of othcr vchicics thc applicant cxccpts to acquirc. (9) Proof that he has in effect required insurance covering operations under the certificate. (10) The public telephone number to be used by the public to request service. (11) A description of the communications dispatch system to communicate requests from prospective passengers to the taxicab driver. (12) Payment in advance for taxicab use fee for the initial three -month period under section 57- 36 Sec. 57 -33. - Same — Consideration of application or reapplication. When application for a certificate has been made, the city manager or his designee shall determine if the applicant has complied with the provisions of this article. The matter of determining whether the applicant has complied with the provisions of this article may be referred to the taxicab inspector for his advisory finding on such matter, and the taxicab inspector is authorized to hold such hearings as will give all interested parties an opportunity to present evidence on the question. Sec. 5734. Same Public notice of application; hearings. inspcctor shall causc a noticc to bc publishcd in thc official ncwspaper of thc city. The noticc constitutc a noticc to all holdcrs of thc cxisting ccrtificatcs that a public hcaring will bc hcld by thc noticc and at a dcsignatcd timc givcn in thc noticc. Such dcsignatcd timc shall not bc Icss than fivc (5) days nor morc than fiftccn (15) days aftcr thc datc of thc first publication of thc noticc, and the notice shall be published for three (3) succcssive days. All holders of taxicab protcsts. Sec. 57 -35. - Same — Issuance. If it is determined from the investigation and hearing that the applicant has complied with the provisions of this article, a recommendation shall be made to the city manager or his designee that a certificate to operate taxicab service in the city be granted for a term not to exceed five (5) years from the date of issuance specifying the maximum number of taxicab vehicles which may be operated by the certificate holder during the five -year term. The applicant shall be notified of such recommendation. Sec. 57 -36. - Taxicab street use fee. (a) Each owner holding a certificate to operate a taxicab upon the streets within the city shall pay the city each three -month period as a taxicab street use fee an amount equal to one hundred dollars ($100.00) times the maximum number of vehicles authorized by a current and valid certificate. For the purpose of calculating the taxicab street use fee, the maximum number of vehicles shall be no lower than five (5). (b) Notwithstanding the provisions of section 57 -35 a certificate holder may, upon written request to the city manager or his designee, apply to increase or decrease prospectively the maximum number of vehicles authorized to be operated during the following consecutive twelve -month period of the remaining term of the current certificate. (c) The number of vehicles in service by a certificate holder shall not exceed the maximum number of vehicles authorized to be operated under such certificate. (d) The annual street use fee shall be paid in four (4) payments as follows: on or after January 1 and before January 10; on or after April 1 and before April 10; on or after July 1 and before July 10; on or after October 1 and before October 10. A twenty percent (20 %) late fee shall be applied to any street use fee submitted past the established deadlines. (e) If the holder of the certificate shall fail to comply with any requirement herein or shall willfully file any false statements, the same shall be cause for a suspension or revocation of the certificate authorizing the holder to operate a taxicab service within the city. Sec. 57 -37. - Payment of taxes, fees, etc. It shall be the duty of every owner of any taxicab operated within the city to render for an pay all ad valorem taxes to the city for all vehicles and other equipment used in such business, and a failure to render for and to pay such ad valorem taxes to the city, twenty percent (20 %) late fee when paid after the tenth (10th) day of each quarter or failure to pay any other fees, licenses or charges to the city before they become delinquent shall, if not paid after written notice of default, operate as a revocation of any certificate, license or permit authorizing the operation of taxicabs over the public streets, alleys and ways of the city. Sec. 57 -38. - Report as to drivers in charge of particular taxicabs. The owner of any taxicab used in the business of carrying passengers for hire upon the streets of the city and which is licensed to carry on such business shall, upon request of the taxicab inspector, report the drivers who are in charge of the particular cars at a specified time. Sec. 57 -39. - Records in connection with calls. Every holder of a certificate and owner or operator of a taxicab shall keep accurate records relating to calls received and services performed, the time of such calls or services, the name of the driver performing the service or making the service call, the place of such call and the time of return from such call; ad41 and access to such records shall be given to the taxicab inspector or the chief of police; and every refusal to give such records or furnish information kept regarding such matters shall be and is hereby made a misdemeanor and may additionally result in a suspension or revocation of certificate. Sec. 57 -40. - Responsibility of each person in engaging a taxicab or vehicle for hire. By taking any action in connection with this Article 11, Article 111 and Article IIIA on taxicabs or any vehicle for hire (including, but not limited to, inspections, investigations, administration, enforcement, recordkeeping, and the granting, suspension and revocation of certificates, licenses, and permits), the city and its agents and employees do not in any way represent or undertake to represent the fitness of any taxicab, driver, or aspect of the taxicab business, and it shall be the sole responsibility of each person to decide whether to engage or use a taxicab or vehicle for hire without relying on any action of the city. Secs. 57- 41- 57 -55. - Reserved. DIVISION 3. - FINANCIAL RESPONSIBILITY Sec. 57 -56. - Liability Insurance — Generally. Before any license or permit shall be issued to any owner or operator of a taxicab or before any renewal of a license or permit shall be granted, the owner or operator shall be required to file a certificate of insurance with the taxicab inspector and thereafter keep in full force and effect a policy of die auto liability insurance with a company duly authorized to do business in the statc State of Texas and performable in the county, insuring the public against any loss or damage that may result to any person or property from the operation of such vehicle; provided, that the maximum amount of recovery in such policy of insurance specified shall not, for each vehicle, be less than fifty thousand dollars ($50,000.00) for injury or death of one (1) person and one hundred thousand dollars ($1007,000.00) for injuries or deaths in any one (1) occurrence; and not less than twenty -five thousand dollars ($25,000.00) for injury to or destruction of property in any one occurrence; Each insurance policy shall require notice from the insurer to the city at least ten (10) days before any such policy is to be terminated for any reason by the insurer or by the insured. So as to adequately protect the City of Corpus Christi and its residents, the dircctor of sfcty and ring, management Risk Manager shall have the authority to adjust auto liability insurance coverage limits in accordance with section 17 -19 of this Code of Ordinances. Sec. 57 -57. - Same — Continuing liability of insurance. All policies of public liability insurance shall contain a provision for continuing liability thereon up to the full amount thereof, notwithstanding any recovery thereon. Sec. 57 -58. - Nonliability of city for pecuniary responsibility. Neither the city nor any officer thereof shall be held liable for the pecuniary responsibility or solvency of any certificate holder or insurer or in any manner become liable on account of any act or omission relating to the operation of a taxicab or vehicle for hire. Secs. 57- 59- 57 -74. - Reserved. DIVISION 4. - VEHICLES Sec. 57 -75. - License required. It shall be unlawful for any person to drive or to operate or to cause to be driven or operated any taxicab upon or over any street in the city unless there has been obtained for such taxicab and existing in full force and effect a license duly issued by the taxicab inspector as provided in this division. However, for inspection purposes, an employee of the company may bring the taxi cab for inspections to the designated inspection point or for maintenance purposes an employee of the company may drive a taxi on city streets with the off duty sign on the dashboard. Sec. 57 -76. - Prerequisites to issuance of license. Upon obtaining a certificate to operate a taxicab service in the city as provided in this article, the holder shall make application to the taxicab inspector for a license to be issued for each vehicle to be operated as a taxicab. The application shall be accompanied by an inspection fee of ten dollars ($10.00) fifteen dollars ($15) per vehicle to be licensed. Prior to the issuance of a license for a taxicab, the taxicab inspector shall conduct an inspection of the vehicle to determine that it complies with the requirements of this article and the regulations promulgated pursuant thereto. In the event a vehicle fails to pass this inspection, the certificate holder shall have ten (10) business days to remedy any defects and submit the vehicle for reinspection without the necessity of payment of an additional inspection fee. After the ten (10) business day reinspection period has lapsed, an additional fifteen dollar ($15) inspection fee per vehicle to be licensed will be applied. Sec. 57 -77. - Nontransferability of license. No license issued under the terms of this division shall be transferred to any other vehicle. No license shall be used for the operation of any vehicle under the provisions of this division except for the vehicle for which the license was issued. Each license shall be valid for so long as the vehicle remains in service as a taxicab and complies with the continuing requirements of this division and the regulations promulgated pursuant thereto. Sec. 57 -78. - Posting license. The license issued for the operation of a taxicab under the terms of this division shall be posted within the taxicab in a conspicuous place. Sec. 57 -79. - Contents of license. The license shall state the year in which the license is issued and the name of the owner of the vehicle. It shall designate that the vehicle is a "taxicab," shall state the make of the vehicle, the vehicle identification number of the vehicle and current license number of the vehicle and shall further state that the owner or operator of the vehicle has deposited with the city a certificate of insurance providing for the protection of the passengers thereof and of the general public as provided for in this article, and the license shall be signed by the taxicab inspector of the city. Persons desiring to file complaints or comments concerning the operation or condition of a taxicab may refer to the contents of the license to note pertinent information and forward such complaints or comments to the taxicab inspector at the address indicated on the license. Sec. 57 -80. - Inspections — Generally. It shall be the duty of the taxicab inspector to inspect every licensed taxicab or vehicle for hire on a quartcrly an annual basis for the purpose of determining whether such vehicle is safe and in acceptable condition to be operated as a taxicab or vehicle for hire as described in section 57 -87. The certificate holder shall submit such vehicle to the taxicab inspector for inspection at the time and place specified by the inspector. An inspection fee of $15 per vehicle will paid in advance. If the taxicab inspector finds such vehicle to be in a safe and acceptable condition, an inspection seal designed by the taxicab inspector shall be placed on the vehicle's windshield stating the date and that the vehicle was approved by the inspector. No taxicab shall be operated in the city without the seal of the taxicab inspector indicating current inspection. If the taxicab inspector finds that the taxicab is in a defective condition and is unsafe or unacceptable to be used as a taxicab, he shall remove the inspection seal and order such vehicle not to be used as a taxicab until the defect so discovered shall be remedied. After the owner of such vehicle has remedied the defect, he shall again offer the same for inspection, and if the taxicab inspector shall find such vehicle to be safe and acceptable for public use, he shall approve the same as hereinbefore provided. No additional fcc for the inspcction shall be chargcd. In the event a vehicle fails to pass this initial inspection, the certificate holder shall have ten (10) business days to remedy any defects and submit the vehicle for reinspection without the necessity of payment of an additional inspection fee. After the ten (10) business day reinspection period has lapsed an additional fifteen dollar ($15) inspection fee per vehicle to be licensed will be applied. Nothing contained herein, however, shall prevent the taxicab inspector from inspecting any taxicab at any reasonable time that he sees fit, and he is expressly given power so to do, and upon finding such taxicab to be in a defective, unsafe or unacceptable condition, he shall remove the inspection seal and order its use as a taxicab discontinued until the taxicab is approved and the inspection seal placed on the windshield. Sec. 57 -81. - Same —Right of appeal from decision of inspector. Should the taxicab inspector find any taxicab or vehicle for hire in a defective condition and order its use as a taxicab or vehicle for hire discontinued, the owner of such taxicab or vehicle for hire shall have the right to appeal to the city manager or his designee within ten (10) business days from the date of such finding and order, and the appeal shall be perfected by letter addressed to the city manager or his designee, stating that an appeal from the ruling and order of the taxicab inspector is desired. Upon receiving such appeal and notice thereof, the city manager or his designate shall within fivc (5) days fifteen (15) business days hear such appeal and shall either sustain, modify or reverse the decision of the taxicab inspector. If no appeal is taken from the decision of the taxicab inspector in the time as provided herein, the decision of the taxicab inspector shall be final. Sec. 57 -82. - Operation of taxicabs. No taxicab for which a license shall have been issued shall be operated by anyone except a driver properly permitted to operate a taxicab under this article, except for inspection and maintenance purposes as prescribed in section 57 -75. Sec. 57 -83. - Identification on taxicabs. Every taxicab shall have placed on the front door or panel on each side of the cab the name of the owner or the assumed name under which the owner operates, together with the company's telephone number and the cab number. The number of the cab and the telephone number of the owner shall also be placed upon the rear of any such vehicle. All of the lettering mentioned in this section shall not be less than two and one -half (21/2) inches in height and not less than five - sixteenths stroke with such paint or decalcomania as will weather the elements. Such lettering and paint must be kept legible at all times. Sec. 57 -84. - Signal indicating occupancy of taxicab. There shall be affixed on the outside top and front portion of each taxicab an electric light that can be turned on or a flag, signal or other device that may easily be seen by people on the street or sidewalks in the vicinity of such taxicab, and when a passenger engages and enters such taxicab the light shall be turned on or the flag, signal or other device shall be placed in such position as to denote that such taxicab is employed. Sec. 57 -85. . Dispatch Communication System. (a) After June 31, 2013, each vehicle used as a taxicab shall be equipped with ap two -way radio dispatch communications system or a Mobile Data Terminal to enable the driver of the taxicab to receive requests for service from the public using the business telephone number of the taxicab service and to respond or communicate such circumstances which render the taxicab unable to respond to such requests for service. Cell phones are prohibited for the use of receiving request for service from the public. Taking or making cell phone calls or texting is prohibited with a passenger in the vehicle. (b) A certificate holder or driver shall not monitor the radio frequency of another holder for the purpose of responding to a call for taxicab service dispatched by the other holder's taxicab service. Sec. 57 -86. - Taxicab stands —Use relations. Taxicab stands shall be occupied only by taxicabs having licenses in good standing. Vehicles shall be in numbers in accordance with the number of spaces designated at the respective locations. It shall be the duty of the city to place signs bearing the number of spaces of each taxicab stand. No vehicle other than a licensed taxicab shall be permitted to stop, stand or park for any purpose in any designated and established taxicab stand. Sec. 57 -87. - Condition of taxicab and vehicles for hire vehicles. All taxicab or vehicle for hire vehicles shall be determined to be in a safe, acceptable condition by the taxicab inspector. The taxicab inspector shall pass a vehicle for inspection when the following minimum standards are met: (a) Operational condition: (1) Shall satisfy all minimum state safety standards including but not limited to a current state inspection sticker, and current fire extinguisher; (not applicable to horse drawn carriages and pedicabs) (2) Shall be free of excessive visible exhaust, excessive engine noise and readily identified mechanical defects including but not limited to the brake system, transmission system, ignition system, air - conditioning and heating systems. (not applicable to horse drawn carriages and pedicabs) (b) Exterior condition: (1) The body and trim shall be intact, not be dented have excessive dents or bent out of shape. In the event a vehicle is dented and waiting on an insurance claim the vehicle may be driven as long as the claim is pending and the damage does not impeded the safe operation of the vehicle. (2) The exterior paint shall be free of rust, flaked or scraped areas. (3) The windshield shall be free of cracked glass. (c) Interior condition: (1) The interior shall be free of dust, dirt, rubbish, and be otherwise clean and sanitary. (2) The interior paint shall be free of rust, flaked, or scraped areas. (3) The coverings of floors, overhead liner, seats, head and arm rests shall be repaired of all rips, tears, and worn areas on the cover material. (4) The interior trunk shall be clean, sanitary, and free of debris. Sec. 57 -88. - Age of vehicle. The certificate holder shall not allow a vehicle in his or her taxicab service to be more than six (6) years old at the time it is placed into service, nor more than ten (10) years old while it is maintained for service. The age of the vehicle shall be calculated from January 1 of the model year of the vehicle. No vehicles which are more than ten (10) years old, as calculated above, may be used as taxicab vehicles. Secs. 57- 89- 57 -95. - Reserved. DIVISION 5. - DRIVERS Sec. 57 -96. - Taxicab or vehicle for hire driver's permit required; permit fee. (a) Every person desiring to drive a taxicab or vehicle for hire in the city shall apply for and obtain a taxicab or vehicle for hire driver's permit from the taxicab inspector. It shall be unlawful for any person holding a certificate for the operation of a taxicab service in the city to permit any person to drive a taxicab or vehicle for hire unless such person shall have a driver's permit in good standing duly issued by the taxicab inspector, with the exception of inspection purposes under section 57 -75. (b) The fee for an original, renewal or transfer taxicab or vehicle for hire driver's permit is a nonrefundable forty fifty dollars ($49 -90– $50.00) and shall be paid at the time the permit application is filed with the taxicab inspector. The fee for a replacement permit is tei twenty dollars ($10 -00 $20.00). Sec. 57 -97. - Application for taxicab or vehicle for hire driver's permit. (a) To obtain a city taxicab or vehicle for hire driver's permit, each person shall make a sworn written application to the taxicab inspector, which application shall be made upon the form provided and shall contain the following information: (1) The name, age and address of applicant. (2) The name of the business or person by whom the applicant expects to be or is employed contracted with. (3) The applicant's place of residence for the past five (5) years. Applicant must be a resident of Corpus Christi, Nueces County or the contiguous counties bordering Nueces County for three (3) months. (4) A full description of the applicant, including his height, weight, color of eyes and hair, distinguishing body features or marks, a full set of applicant's fingerprints and three (3) prints of the four (4) current passport photos of applicant. Taxi Inspector shall have the authority to determine acceptable photographs. (5) Whether applicant has had experience driving a taxicab or vehicle for hire or in a related type of work. (6) Whether applicant has ever been convicted of or charged with a felony— or misdemeanor or traffic law violation and, if so, full information concerning the same. Whether applicant has been convicted of or charged within the past three (3) years of a traffic law violation and, if so, full information concerning the same. The applicant shall execute a release authorizing law enforcement agencies, to the extent lawful, to furnish all his criminal history information record to the taxicab inspector, and authorizing release by the taxicab inspector to the prospective taxicab or vehicle for hire employer company. The taxicab inspector may establish the reasonable time periods for which different kinds of criminal history information is required to be furnished. (7) A medical report dated not more than thirty (30) days prior to date of application, from a local physician, which certificate shall certify that applicant does not suffer from any disease or disability which would impair his ability to operate a taxicab in a safe manner upon the streets of the city; such medical report shall specifically state the condition of hearing and eyesight of the applicant. (8) The number and date of issuance of applicant's Texas Class A, B or C license. (9) The most recent date of completion of a certified defensive driving course, not to exceed two (2) years between completion date and application date. (b) An applicant may receive a temporary taxicab or vehicle for hire driver's permit that will expire thirty (30) calendar days after the date it is granted while pending satisfaction of subsections (a)(7) and (a)(9) above. A temporary permit will only be granted to those applicants whose criminal background checks comport with the requirements found at section 57 -98 of this Code. Sec. 57 -98. - Decision of taxicab inspector. (a) The taxicab inspector shall investigate or cause to be investigated the character, experience, and qualifications of the applicant for a taxicab or vehicle for hire driver's permit in order to determine the applicant's fitness to operate a taxicab or vehicle for hire consistent with the public safety and welfare. (b) The taxicab inspector shall determine that all provisions of this division have been complied with, and shall consider whether issuance of a permit would constitute an unreasonable risk to the public safety and welfare. (c) The taxicab inspector shall consider whether the applicant has been guilty of a criminal act directly related to the occupation of taxicab or vehicle for hire driver. In determining whether the criminal act directly relates to said occupation, the taxicab inspector shall consider: (1) The nature and seriousness of the crime; (2) The relationship of the crime to the purpose of requiring a taxicab or vehicle for hire driver permit, for example, the following are deemed to have such a relationship because of danger to passengers and the property and potential for criminal activities enhanced by the large number of citizen contacts: a. Theft and other crimes of dishonesty, b. Assaultive crimes, c. Solicitation of prostitution, d. Sexual abuse crimes, e. Crimes of alcohol or drug abuse, f. Traffic offenses; (3) The extent to which the permit might offer an opportunity to engage in further criminal activity of the same type; (4) The extent and nature of the past criminal activity; (5) The age of the applicant when the crime was committed; (6) The amount of time elapsed since the applicant's last criminal activity; (7) The conduct and work activity of the person prior to and following the criminal activity; (8) Evidence of rehabilitation efforts; (9) Other evidence of personal fitness submitted by the applicant such as recommendations from prosecution, law enforcement, correctional officers. (10) Taxicab Inspector may take into consideration previously documented complaints against a current driver seeking renewal or transfer of drivers permit and any arrests, charges or convictions of violations of the taxi cab code under section 57 of the municipal code or the supplemental regulations for taxicabs at the Corpus Christi International Airport for any applicant seeking new, renewal or transfer of permit. (d) Upon receipt of a release executed by the applicant, the police department shall furnish to the taxicab inspector all the applicant's criminal history information records lawfully available to the department for licensing purposes. Said information shall be kept completely confidential by the taxicab inspector, except to the extent lawful, it may be provided to the applicant upon his request, it may be introduced in evidence in a proceeding in which the applicant contests denial of a permit, and it may be shown to the prospective taxicab or vehicle for hire e company in accordance with the applicant's release. Such information shall be used by the taxicab inspector for the sole purpose of determining the applicant's fitness. (e) It is the duty of every certificate holder to screen its drivers. While it is the intent of the city in its permitting process to provide protection to the public generally by exercise of police power, such exercise shall not relieve a certificate holder from its duty to determine the fitness of its drivers, and no certificate holder shall rely on the city taxicab driver's permit to excuse it from said duty. The continued employment contracted driver relationship by a certificate holder of, or contractual agreement with, any person as a driver whose record as a criminal or as a driver of motor vehicles as reflected by official court and police department records shows a lack of mental, emotional or temperamental capacity to be a safe and reliable driver will be taken into consideration by the city when requested to grant or renew a certificate. Sec. 57 -99. - City's geography test required. The taxicab inspector shall require a written geography test of each applicant for a taxicab driver's permit covering knowledge of city streets, buildings, etc., to be composed by and at the discretion of the taxicab inspector. Until such applicant is duly qualified in his knowledge of city geography, the taxicab inspector shall not grant a city taxicab driver's permit to such applicant. Sec. 57 -100. - Identification cards. After the applicant has complied with all requirements of the provisions of this article and a permit has been issued, he shall receive two (2) identification cards, one of which shall contain the full view photograph of the applicant, police identification number, and further, such card shall read: "TO THE PASSENGER OF THIS CAB: If the description of the driver of this cab does not conform to the photograph hereon, you will please leave the cab and notify the department of police immediately, giving the number of cab and the operating name of the company." The identification card will be posted in full view in the passenger compartment of the taxicab which the applicant may be operating, and each taxicab in operation within the city under the provisions of this article will be required to purchase a container to receive this card, which container will be permanently attached to each taxicab. In addition to the card required for the taxicab, a driver's permit in card size will be issued which shall contain the photograph, full description, resit c nce business name and address and police identification number of the applicant. Such card shall be carried or worn with a clip on the person of the applicant and presented for identification purposes on demand of any passenger, the taxicab inspector or any police officer of the city. Sec. 57 -101. - Appeal from issuance or denial of taxicab or vehicle for hire driver's permit. After the taxicab inspector has made his decision, either the applicant for the driver's permit or any citizen of the city shall have the right to appeal to the city manager or his designee within ten (10) business days, which appeal shall be perfected by delivering, in writing, a statement that an appeal from the decision of the taxicab inspector is desired. The city manager or his designate will then, within a period of not more than five (5) fifteen (15) business days after receiving such notice of appeal, grant a hearing thereon and after the hearing of the appeal the city manager or his designee shall, within a period of five (5) business days, sustain or reverse the decision of the taxicab inspector. If no appeal is taken from the findings made by the taxicab inspector within the time provided above, the decision of the taxicab inspector shall be final. Sec. 57 -102. - Driver registration files. A registration file shall be kept and maintained on each person to whom a driver's permit has been issued. The file shall contain all information furnished by the applicant under this division and all other facts and data supplied by investigation, including without limitation fingerprints, personal history, police or criminal record, character, experience, qualifications and such other matters considered consistent with and pertinent to a showing whether the driver is fit to operate a taxicab or vehicle for hire within the city in a manner consistent with the welfare of the citizens. The file of any taxicab or vehicle for hire driver may be inspected at the office of the taxicab inspector by such driver at all reasonable times and may be examined by any holder of a taxicab certificate upon showing that the driver has applied to the certificate holder #er employment as a contract driver. Every application for a driver's permit as a taxicab or vehicle for hire driver under provisions of this division shall execute an agreement and waiver in writing, at the time of filing the application, by which the applicant authorizes the taxicab inspector to permit a certificate holder to make such examination in good faith to determine whether, in the judgment of the prospective employer certificate holder, the driver should be employed contracted to drive taxicabs or a vehicle for hire in the city. Sec. 57 -103. - Duration and renewal of driver's permit. The taxicabs or vehicle for hire driver's permit, when issued, shall not be transferable and same shall be valid for a period of twenty -four (24) months and shall expire automatically unless renewed. No renewal shall be issued thirty (30) days after a permit has expired. No renewal of any taxicab or vehicle for hire driver's permit shall be issued unless and until the applicant for renewal has completed a renewal application and met the requirements of section 57- 97(a)(1) —(6), (8) and (9); shall have shown proof of satisfactory completion of a certified defensive driving course within the two -year period immediately prior to the application for renewal; has provided a medical certificate dated within the past 48 months that meets the medical requirements of section 57- 97(a)(7); and provided further, that the applicant must have maintained a satisfactory driving record according to standards established by the taxicab inspector. All of the above requirements of Section 57 -103 and any violations of this article, article III or IIIA shall be taken into consideration before a approval of a renewal application is granted. Sec. 57 -104. - Suspension or revocation of taxicabs or vehicle for hire driver's permit. Any taxicab or vehicle for hire driver's permit may be either suspended for any period of time not to exceed thirty (30) days or revoked by the taxicab inspector if the holder of such permit violates any of the provisions of this division, division III or division IIIA. Material misrepresentations on the driver's application are grounds for revocation. Such permit may also be revoked or suspended if the holder of the permit is guilty of a crime or traffic offense directly related to the holder's fitness to continue as a taxicab driver. Every suspension or revocation of the permit shall be dated and in writing and state the reason for such suspension or revocation. Such notice shall immediately be sent to the holder of such permit to the address shown on the identification card. Such order of suspension or revocation shall be effective as of the date of sending such notice; provided, however, that the person whose permit has been suspended or revoked may, within five (5) business days after the date of sending such notice, appeal to the city manager or his designee for reinstatement by a request in writing for such relief. The city manager or his designee shall set a date not later than five (5) fifteen (15) business days following receipt of the notice of appeal for a hearing and after such hearing shall either sustain, reverse, or modify the order of the taxicab inspector. If no appeal is taken within the time and by the method hereby provided, then the order of suspension or revocation by the taxicab inspector shall be final. Sec. 57 -105. - Neat and clean appearance of drivers. (a) It shall be the responsibility of every certificate holder to require and to ensure that his or her drivers are neat and clean in appearance while on duty. All certificate holders shall require a driver employed or under contractual agreement with said holder to comply with the following: (1) All male drivers shall wear full length pants or shorts commonly referred to as Bermuda shorts or cargo shorts, with a finished hem, shirts with sleeves and collars, socks and closed - toed shoes,. (2) All female drivers shall wear full length slacks,- or shorts commonly referred to as Bermuda shorts or cargo shorts, with a finished hem, regular length skirts, blouses, socks or stockings and closed -toed shoes, and stockings, except that during the months of April through h may be worn n w-vrrT. (3) All drivers shall wear clean, unsoiled and untorn clothing. (4) All drivers shall maintain proper personal hygiene, i.e., be shaven; or have facial hair neatly trimmed, be free of offensive body odor, and have clean, combed hair. (b) While on duty, all drivers are prohibited from wearing: (1) Tee shirts as an outer garment, except as allowed in 57 -105 (c). (2) Hoodies, gsweat shirts and sweat pants. (3) Halters or tube tops. (4) Shirts with tails worn outside pants. (c) Company issued uniform style tee shirts may be allowed as long as they meet the below requirements: (1) Meet the color scheme of the taxicab company. (2) Are professional in appearance. (3) Contain no language or images that could be offensive to others. (4) Each specific style of tee shirt has been approved by the taxi inspector, to insure professional appearance standards. Failure to comply may result in the suspension or revocation of a driver's permit. Sec. 57 -106. - Length of time driver may operate taxicab. It shall be unlawful for a driver of any taxicab to drive the same continuously for more than twelve (12) hours, and no owner of any taxicab shall permit any driver of any taxicab to be continuously on duty, as a driver, for a greater period than twelve (12) hours within any twenty - four -hour period. Sec. 57 -107. - Use of alcoholic beverages or controlled substances. It shall be unlawful for any taxicab driver to consume any alcoholic beverages or use any form of controlled substances while on duty as a taxicab driver. This is to include prescription drugs prescribed to the driver that may affect his ability to drive and those illegal smoking products and related paraphernalia outlined in Section 33 -124 of the city code. If a cab company request random druq/alcohol test of an contract driver or request druq/alcohol test due to a traffic accident or contract driver injury and driver refuses the test, the cab company will report refusal immediately to the taxi inspector and refusal will result in automatic suspension of drivers permit. Sec. 57 -108. - Notification of change of address of drivers. Every person operating any taxicab shall keep the taxicab inspector informed by written notice of any change of address of such driver. Sec. 57 -109. - Most direct route to be used. Any driver of a taxicab em,Gyed- contracted to carry passengers to a definite point shall take the most direct route possible that will carry the passengers safely and expeditiously to their destination. Sec. 57 -110. - Delivery of articles left in taxicabs to police. All drivers of taxicabs shall promptly deliver to the police department taxi inspector's office or to authorized agents of their companies all property left in such vehicles by passengers. If delivered to the authorized agent of their company, the property shall be delivered to the taxi inspector's office with a report stating all the specifics and date abandoned of the property if not claimed by the 30th day after property is found in vehicle. Taxi Inspector shall obtain case number and incident report and deliver to CCPD Property Room. Sec. 57 -111. - Parking restrictions No taxicab shall be parked in a residential section of the city awaiting calls between 10:00 p.m. and 6:00 a.m. Sec. 57 -112. - Consent by passenger to carrying other passengers. It shall be unlawful for any taxicab driver to carry any person other than the passenger by whom he is engaged without the consent of such passenger. Sec. 57 -113. - Soliciting for passengers. No person shall solicit patronage or call attention to a taxicab in a loud or annoying tone of voice or by sign or in any manner annoy any person or obstruct the movement of any person or follow any person for the purpose of soliciting patronage. Sec. 57 -114. - Aiding prostitution. It shall be unlawful for any driver of a taxicab to knowingly transport any passenger to the abode of a prostitute or knowingly to transport any criminal, narcotic peddler, prostitution bootlegger in the commission of a crime or infraction of the law in any manner, or act in any manner as a panderer or pimp for prostitutes, or a contact for unlawful establishments of any character. Violations of this section shall be brought to the attention of the respective certificate holder that the taxicab is contracted with or employed by. Repeated occurrences, by the same or other drivers of the certificate holder s may be grounds for suspension or revocation of the certificate holder's certificate or the permitted drivers permit or both. Sec. 57 -115. - Off -duty status of taxicabs. Each taxicab vehicle is presumed to be on duty and ready to serve the general public for hire. If a driver is off duty and does not intend to provide taxicab service, he shall comply with the following requirements: (1) The driver shall place a sign, to be provided by the certificate holder, in the taxicab indicating the words "OFF DUTY" printed in letters not less than three (3) inches in height with a stroke width of not less than three - eighths inch. The letters shall be on a backing of sufficient thickness to not easily bend. (2) When a driver is off duty, he shall display the sign in an upright position in the front window on the right side of the taxicab so as to be easily seen and read from outside of the taxicab. DIVISION 6. - TAXIMETERS; FARES Sec. 57 -127. - Taximeters defined. For the purpose of this article the word "taximeter" shall be construed to mean a mechanical instrument or device by which the charge for hire of a taxicab is mechanically calculated for distance, travel and waiting time, if any, under which such charges shall be indicated by clear, legible figures, which mechanism is placed in operation by throwing or switching from nonearning to earning position. Sec. 57 -128. - Taximeters required. It shall be unlawful for any owner operating any taxicab under the provisions of this article to operate any such taxicab and it shall be unlawful for any person to drive any taxicab unless such taxicab is equipped with a taximeter. Sec. 57 -129. - Taximeter flag— Equipment in connection therewith. Each taximeter must be furnished with a tamperproof switch and system of electrical distribution so that when the taximeter flag is in the "high" or nonearning position, the electrically - controlled advertising or company identification sign mounted on the top of the taxicab will be automatically lighted; and when the taximeter flag is on "mileage" or "time," both of which are earning positions, colored tell -tale lights on top of the cab or on the company sign will be automatically lighted and will be visible from all directions, the color of which lights shall differ from those used by any other company. Sec. 57 -130. - Same —False display. No driver of a taxicab equipped with a taximeter shall display the signal affixed to such taximeter in such a position as to denote that the taxicab is employed when such taxi is not employed. Sec. 57 -131. - Testing, inspection and approval of taximeter. No person shall drive or operate a taxicab to which is attached a taximeter which has not been duly tested, inspected and approved as required by this article, and it shall be unlawful to change the size of the wheels or tires of any taxicab or the gears operating the taximeter from one to another unless the taximeter is again tested, inspected and approved under the supervision of the taxicab inspector before using. Inspection of taximeters by the taxicab inspector shall be made as provided in section 57 -24. Sec. 57 -132. - Location and illumination of taximeters. All taximeters shall be placed in such a position in the taxicab so that the face thereof and the fare numerals may be easily seen and read by a passenger sitting in any part of the taxicab. Every taximeter used between sunset and sunrise shall have the face thereof illuminated by a light so arranged as to throw a continuous light thereon. Sec. 57 -133. - Defective taximeters prohibited. The operation of any taxicab with a taximeter which is defective or which does not properly and accurately compute and register on its face the charge for distance traveled or waiting time of a taxicab shall constitute a violation of this article. Sec. 57 -134. - Type and design of taximeter. No taximeter shall be used on any taxicab the type and design of which have not been approved by the taxicab inspector. Prior to the installation of a taximeter, the owner or operator of the taxicab shall submit the type and design of taximeter to the taxicab inspector. If the taximeter is capable of properly and accurately computing and registering on its face the charge for the distance traveled by and the waiting time of the taxicab, the taxicab inspector shall approve the taximeter. Sec. 57 -135. - Fares — Amounts. There is hereby established as the rates of fare for taxicabs within the city limits of the City of Corpus Christi for one (1) or more persons, not exceeding fivc (5) seven (7) persons, of two dollars and fifty cents ($2.50) for the first one -fifth (1/5) mile or less, and an additional charge for each succeeding one -fifth (1/5) mile or fraction thereof, based upon the average retail price of one (1) gallon of regular gasoline sold within the City of Corpus Christi and in accordance with the following chart: Per gallon gasoline price Charge thereof per succeeding 1/5 mile or a fraction Under 3.50 $0-45 $0.50 3.50 --400 3.50 – 3.75 0.50 $0.55 '1.01 '1.50 3.76 – 4.00 0.55 $0.60 4.51 5.00 4.01 – 4.25 9,69 $0.65 5,01-5,50 4.26 —4.50 9,65 $0.70 Note: Sliding scale formula shall be applied, ad infinitum. The price of one (1) gallon of regular gasoline sold within the City of Corpus Christi shall be determined by the Oil Price Information Service, as reported by AAA at www.fuelgaugereport.com. Such price will be determined by the current Corpus Christi price given by AAA at 9:00 a.m. Central Standard Time (CST) on the tenth (10th) day of each month and will go into effect at 12:01 a.m. CST on the eleventh (11th) first (1st) day of the consccutivc current month. Howcvcr, if thc pricc on thc tenth (10th) day of thc month is twcnty fivc cents ($0.25) highcr or lowcr than thc pricc of thc prcccding month, thc adjustmcnt will go into cffcct immcdiatcly instcad of waiting until thc first (1st) day of thc consccutivc month. The taxicab inspector shall disseminate the gasoline price. For each one (1) hour of waiting time or traffic delay time, the maximum charge shall be twenty -four dollars ($24). :. o_II The above established rates of fare are the maximum that may be charged, provided however, for fares collected from passengers picked up at the airport, such airport passenger fares may include a fifty cent ($ 0.50) one dollar ($1.00) surcharge per fare collected from one (1) or more persons not to exceed five (5) seven (7) persons. For customers wishing to use a credit card a one dollar ($1.00) convenience fee may be added to the fare. Lower rates may be charged at the option of the taxicab certificate holder. While in the city limits a driver shall keep the taximeter in operation while the taxicab is employed regardless of whether a metered rate, a discounted rate or a out -of -town flat rate is charged, For taxi fares originating in the area east of the Intercostal Causeway Bridge on Interstate 358 or west of the Clarkwood Rd. and Interstate 37 intersection, there will be a ten dollar $10.00 minimum fare allowed. Sec. 57 -136. - Same — Charging or collecting excess fares. It shall be unlawful for any driver or operator to charge or demand payment of any fares in excess of the fares prescribed by the council. Sec. 57 -137. - Same— Refusal to convey; Refusal to transport passenger at specified rate. It shall be unlawful for any driver of any taxicab to refuse to board and convey a passenger on a basis of race, color, religion, sex, national origin, age, or disability, including a driver's refusal to board and convey any service animal or medical equipment utilized in conjunction with a passenger's disability. It shall be unlawful for any driver of any taxicab to refuse to board and convey a passenger at the rates authorized by this article. It is an affirmative defense to prosecution under this subsection that the driver advised the passenger of the fare or estimated fare to the passenger's destination, and the passenger advised that he did not have the means to pay the fare. Sec. 57 -138. - Same — Refusal to pay legal fare. It shall be unlawful for any person to refuse to pay the legal fare of any of the vehicles mentioned in this article after having hired the same, and any person who shall hire any such vehicle with the intent to defraud the person from whom it is hired shall be guilty of a m isdemeanor. Sec. 57 -139. - Same — Display of rate schedule in taxicab. There shall be posted in a conspicuous place on the inside of each licensed taxicab, in addition to the license issued to the licensee required by this article, a card showing the rates charged. Sec. 57 -140. - Same — Receipts. It shall be unlawful for the driver of any taxicab upon receiving full payment of a fare to refuse to give a receipt upon the request of any passenger making such payment. Secs. 57- 141 -57 -149. - Reserved. SECTION 2. Chapter 57, Article III "LIMOUSINE AND SIGHTSEEING SERVICE" is revised to read as follows: ARTICLE IIIA. - LIMOUSINE AND SIGHTSEEING SERVICE Sec. 57 -164. - Definitions. For the purposes of this article: (a) Limousine service means the luxurious, prearranged transportation by chauffeur - driven vehicle of one (1) or more persons from or to a location within the city limits not upon a schedule or over a fixed route. It shall not include taxicab service, airport limousine service or transportation provided in relation to funeral services. Limousine means a vehicle that hias a manufacturcr's ratcd scating capacity of not morc than fiftccn (15) passcngcrs with an occupancy capacity of five or more, excluding the capacity of the driver compartment and that is used for the hired transportation of persons. (b) Sightseeing service means conveying any person or persons in any vehicle, including horse -drawn carriages, for predetermined periods of time or between fixed points for the purpose of displaying the various natural and manmade points of interest and the economic and cultural institutions of the Corpus Christi area within the city or from locations within the city to locations outside the city, and shall not include the basic provisions of taxicab service or airport limousine service or charter bus service. Sightseeing service defined herein shall refer to transportation provided in vehicles owned by the permit holder. Sec. 57 -165. - Operator permit— Required. It shall be unlawful for any person, as owner or agent, to be engaged in the business of providing limousine or sightseeing service within the city or from locations within the city to locations outside the city, unless the owner of the business holds a current limousine or sightseeing permit issued pursuant to this article. Sec. 57 -166. - Same — Application; fee. (a) Every person desiring to engage in the business of operating any limousine or sightseeing service shall make application, in writing, to the city manager or his designated representative on a form provided for that purpose for a permit to engage in the business specified. Such application shall contain the name, address and telephone number of the true owner of the business and the number, types and seating capacity of each vehicle to be operated; shall be sworn to by the applicant; and shall be accompanied by an application and permit fee of twcnty fivc dollars ($25.00) two hundred fifty dollars ($250) and a permit fcc of twcnty dollars ($20.00) for cach vchicic for which a permit is rcqucstcd. (b) The city manager or his designated representative shall issue a permit to all applicants complying with the provisions of this article and shall issue a permit for the operation of all vehicles complying with the requirements of this article. No permit shall be issued unless every vehicle proposed to be used complies with the following minimum requirements: (1) Each vehicle shall comply with all the safety requirements imposed by all state, federal or local laws applicable to the vehicle involved. (2) The owner shall have rendered each vehicle for which a permit is sought for ad valorem taxation and shall have paid all delinquent tax charges owing the city upon every such vehicle. (c) No limousine or sightseeing operator permit holder shall be issued, nor shall such permit be valid after issuance, unless the applicant or the holder of the permit is at all times insured by a comprehensive business auto policy to include collision, uninsured motorists and personal injury protection coverage for each vehicle with minimum limits of one hundred thousand dollars ($100,000.00) to any claimant for bodily injury arising out of a single occurrence, three hundred thousand dollars ($300,000.00) for any number of claims arising out of a single occurrence, and fifty thousand dollars ($50,000.00) to any claimant for any number of claims for damage to or destruction of property. Each insurance policy shall require that the insurer notify the city at least ten (10) days before any cancellation, material change, or intent not to renew by either the insurer or the insured. Cancellation of a certificate holders or owners insurance without an approved replacement policy in place at the time cancellation automatically suspends the operations of the vehicle for hire company. (d) The taxicab inspector may shall inspect every limousine or sightseeing vehicle to be operated as limousine or sightseeing service at least once every six (6) months a year for the purpose of determining whether such vehicle is in a safe condition to be operated as a limousine or sightseeing vehicle. The holder of a limousine or sightseeing service permit shall submit such limousine or sightseeing vehicle to the taxicab inspector for inspection at the time and place specified by the inspector in accordance with provisions and fees for the inspection of taxicabs in section 57 -80. The operator of a limousine or sightseeing service and limousine or sightseeing vehicle is responsible for the safe condition and operation of said vehicles and the city, by establishing this permit system, in no way assumes any duty or liability for the safety of said vehicle. (e) Every person driving a limousine or sightseeing vehicle in the city must have applied for and obtained a limousine or sightseeing driver's permit from the taxicab inspector. It shall be unlawful for any permitted limousine or sightseeing service operator in the city to permit any person to drive a limousine or sightseeing vehicle unless such person shall have a valid driver's permit duly issued by the taxicab inspector in accordance with this chapter. Sec. 57 -167. - Charge for regulation and use of streets; payments. (a) In addition to all other charges and payments, each person maintaining and operating a limousine or sightseeing service as described herein shall pay to the city each six (6) months the sum of two hundred dollars ($200.00) times the number of vehicles to be operated as identified in the permit application for the expense of regulating the activities of such service and as a street use fee. (b) The semiannual fee for the first six (6) calendar months of each year shall be paid on or before January 10 and for the second six (6) calendar months of each year shall be paid on or before July 10. A late fee of twenty percent (20 %) will be applied to late payments made after January 10th and July 10th (c) Such payments shall be in addition to all ad valorem taxes upon the value of the property of the person operating such vehicles, and in addition to all lawful occupation taxes imposed upon the occupation or calling of the entity operating such vehicle. Sec. 57 -168. - Service standards. The permit holder shall provide and maintain modern efficient service during the life of the permit and failure to provide and maintain such efficient service shall be grounds for forfeiture of the permit herein granted. Said permit is granted for a five -year period. No assignment of a permit shall become effective unless said assignment is approved by the city manager or his designated representative in writing. Sec. 57 -169. - Special regulations for horse -drawn carriages. Any sightseeing permit issued pursuant to this article involving the use of horse -drawn carriages as a means of conveyance shall include regulations promulgated by the city manager, or his designated representative, relating to the following: (a) Limitations on the specific streets which may be utilized by horse -drawn carriages and the hours of operations allowed. (b) Safety requirements pertaining to reflectors, warning devices and other safety equipment used on the vehicles, and the types and design of wheels and horse shoes which may be utilized. (c) Sanitation procedures to ensure the cleanliness of streets and public ways and the proper disposal of waste. (d) Health regulations safeguarding the care, feeding and watering of the horses or other draft animals employed by the operator. (e) Additional insurance requirements supplementing the minimum limits for automobile and general liability insurance required for limousine and sightseeing operations generally. (f) Any other rules, regulations or procedures which the city manager, or his designated representative, deems necessary to maintain adequate safeguards for the operation of horse - drawn carriages on the public streets not inconsistent with this section. SECTION 3. The effective date of this ordinance is the date of City Council final approval. 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 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 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 11, 2012 Second Reading Ordinance for the City Council Meeting of December 18, 2012 DATE: TO: November 20, 2012 Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police flovdsCa�cctexas. com 886 -2604 Accepting and appropriating the FY 2011 Operation Stonegarden Grant Program CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $245,503.28 from Nueces County for funding eligible under the FY2011 Department of Homeland Security Grant Program Operation Stonegarden to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress to including (but not limited to) U. S, Highway 77 and State HY44; and appropriating the $245,503.28 in the No. 1061 Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: The Nueces County Sheriff's Office has received funding to enhance the U.S. Border Patrol's strategy to enhance cooperation and coordination among Federal, State and Local agencies in a joint mission to secure the United States borders. As a participating entity with Operation Stonegarden, the Nueces County Sheriff's Office, with the assistance of the police departments from Corpus Christi, Robstown, Driscoll and the Nueces County Constables of Precinct 3 and 5 will increase enforcement efforts along identified routes of ingress and egress to include (but not limited to) U. S, Highway 77 and State Highway 44. These are two primary routes utilized by the criminal element to further their illegal entry and smuggling activities to locations within the United States. The end result of the additional enforcement should show a significant impact on the ability of criminal organizations to operate within the Rio Grande Valley. The Police Department will work 2,400 hours of overtime and purchase 1 fully equipped Chevy Tahoe and surveillance equipment. Each month, officers timesheets, signed overtime sheets, and worksheets will be provided to Nueces County who in turn will submit the reimbursement paperwork to FEMA, they will review it and send the check to Nueces County. The Nueces County's Accounts Payable division will process payment to City of Corpus Christi. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $245,503.28 $245,503.28 BALANCE $245,503.28 $245,503.28 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award document Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $245,503.28 from Nueces County for funding eligible under the FY2011 Department of Homeland Security Grant Program Operation Stonegarden to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress to including (but not limited to) U. S, Highway 77 and State HY44; and appropriating the $245,503.28 in the No. 1061 Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of $245,503.28 from Nueces County for funding eligible under the FY2011 Department of Homeland Security Grant Program Operation Stonegarden to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress to including (but not limited to) U. S, Highway 77 and State HY44. SECTION 2. That $245,503.28 is appropriated in the No. 1061 Police Grants Fund. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor Choit),011g 27D, Texas Department of Public Safety Date of Award May 14, 2012 2011 Sub- Recipient Agreement for Nueces County RECEIVED JUN 0 5 1017 1. Sub - Recipient Name and Address 2. Prepared by: Paynter, William GT I 3. Award Number: 11 -SR 48355 -01 Judge Samuel L. Neal, Jr. Nueces County 901 Leopard Street, Room 303 Corpus Christi, TX 78401 4. Federal Grant Information Federal Grant Title: Homeland Security Grant Program Federal Grant Award Numben EMW- 2011 -5S -0019 Date Federal Grant Awarded to TxDPS: September 1, 2011 Federal Granting Agency: Department of Homeland Security FEMA Grant Programs Directorate 5. Award Amount and Grant Breakdowns OPSG Award Amount (Federal) CFDA: 97.067 $818,344.00 NOTE: Match requirement details can be found in the federal guidance for the grant named In Box 4 above. Grant Period: FROM: Sep 1, 2011 TO: Aug 31, 2013 (The SAA Must receive all Invoices by the end of grant period) 6. Statutory Authority for Grant: This project is supported under the Department of Homeland Security Appropriations Act of 2010 (Public Law 111 -83). 7. Method of Payment: Primary method Is reimbursement. 8. Debarment /Suspension Certification: The Sub - Reciplent certifies that the sub - recipient and its contractors /vendors are not debarred,suspended, proposed for debarment,en_US declared ineligible or voluntarily excluded by any federal department or agency and do not appear in the Excluded Parties List System at http: / /www.epls.gov.2.8.9029.0 9. Agency Approval Approving TxDPS Officials Machelle Pharr, Deputy Assistant Director State Administrative Agency Texas Department of Public Safety Signature of TxDPS Official: 77(.4 10. Sub - Recipient Acceptance I have read and understand the attached Terms and Conditions. Type name and title of Authorised Sub - Recipient official: Samuel L. Neal, Jr. Nueces County Judge Signature of Sub - Recipient Official: 11. Enter Employer Identification Number (EIN) / Federal Tax Identification Number: 74- 6000585 DUNS #078495025 12. Da Signed 13. DUE DATE: Signed award and Direct Deposit Form (if applicable) must be returned to TxDPS on or before the above due date. U.S. Department of Homeland Security Bureau of Customs and Border Protection Operations Order Report Op Order Name: FY2011 OPSG TX Nueces County Op Order Number: 12- MCAMCA -04 -001 Version 0 Op Dates: From: 10/1/2011 to: 8/31/2014 Report Date: 4/9/2012 Executive Summary The Nueces County Sheriff's Office has qualified and applied for funding through Operation Stonegarden. The county was identified as an integral part of the U.S. Border Patrol's strategy to enhance cooperation and coordination among Federal, State and Local agencies in a joint mission to secure the United States borders. Approved funding through OPSG will be used to enhance enforcement efforts along routes of ingress and coastal waterways. The county's participation will achieve border control by establishing a substantial probability of apprehension through improved enforcement, improved rapid mobility and intelligence driven resource deployments. Additionally, the county will involve a number of collaborators to assist in the stated mission of OPSG and will promote a collaborative enforcement effort that extends our border outward while strengthening a defense in depth posture. I. SITUATION A. General Situation: Nueces County is located within the area of responsibility of the Rio Grande Valley Sector, Corpus Christi Border Patrol Station (RGV /CCT). The County's jurisdiction includes a number of ingress /egress routes that lead to and from the immediate border area. Additionally, the County's jurisdiction includes a number of coastal waterways. These waterways include the Port of Corpus Christi, the Port Aransas and Packery Ship Channel along with a number of other potential landing sites for foreign born vessels. Nueces County is located between Kleberg and San Patricio Counties. It is has a population of approximately 325,000 persons and staffs a Sheriff's Office that is comprised of more than 300 employees. The county includes the following incorporated cities within its jurisdiction: Corpus Christi, Port Aransas, Robstown, Driscoll, Banquete, Agua Dulce, Petronila, and Bishop. The Sheriff's Office maintains a working relationship which each of the city Police Departments as well as with the Nueces County Constables Offices in Precincts 1,2,3,4 and 5. As a participating entity with Operation Stonegarden, Nueces County Sheriff's Office, with the assistance of the Corpus Christi, Robstown and Driscoll Police Departments and the Nueces County Constables of Precinct 3 and 5, will increase enforcement efforts along identified routes of ingress and egress to include (but not limited to) U.S. Highway 77 and State Highway 44. Intelligence information, to include prior statistical data, indicates that these are the two primary routes utilized by the criminal element to further their illegal entry and smuggling activities to locations within the United States. The participation of these agencies, made possible by funding through OPSG, will significantly impact the ability of criminal organizations to operate within the Rio Grande Valley, Corpus Christi Border Patrol Station area of responsibility. The enhanced enforcement posture will strengthen border security by providing a stronger defense in depth mechanism. B. Terrain/Weather: The unincorporated areas of Nueces County aside from the municipalities consist mainly of farm and ranch lands, as well as open highways. Weather is normally hot and humid. The threat of natural disasters such as hurricanes and tornadoes exist during the Gulf /Atlantic hurricane season, which runs from June to November. C. Criminal Element: A number of individual, as well as organized criminal enterprises operate in and around Nueces County. The major thoroughfares, that include Interstate 37, State Highways 77 and 44, offer an immediate and direct route from the international border to locations within the interior of the United States. These routes provide direct access to major U.S. cities such as San Antonio, Dallas and Houston. It is widely known that these cities serve as distribution locations for both human and narcotic smuggling loads. Additionally, intelligence information indicates that the coastal waterways in and around Nueces county are experiencing an increase in smuggling activity. This information is corroborated by an increased number of narcotics being found along the shorelines. D. Friendly Forces: FEDERAL U.S. Border Patrol, Corpus Christi Station Customs and Border Protection Air and Marine Operations Immigration and Customs Enforcement Federal Bureau of Investigation Drug Enforcement Administration Alcohol, Tobacco, Firearms and Explosives U.S. Marshal's Service U.S. Park Service STATE Texas Department of Public Safety Texas Parks and Wildlife LOCAL Corpus Christi Police Department Robstown Police Department Driscoll Police Department Nueces County Constable's Office Precincts 3 and 5 II. MISSION The mission of the Nueces County Sheriff's Office is to provide an enhanced enforcement capability within specific areas and choke points in the County's jurisdiction that will substantially increase the probability of identification and /or apprehension of criminal elements operating within the same. The Sheriff's Office will accomplish this mission by working with identified collaborators that include the U.S. Border Patrol, the Corpus Christi, Robstown, and Driscoll Police Departments and the Nueces County Constable's Office of Precincts 3 and 5. Funding obtained through OPSG will be utilized to accomplish a high visibility enforcement presence that will detect, deter and /or interdict criminal and /or terrorist activity occurring in and /around Nueces County. This will be accomplished through utilization of overtime as a force multiplier and acquisition of specialized equipment. III. EXECUTION A. Management /Supervisor Intent: Nueces County and its collaborating local agencies will enforce local /state laws within their jurisdiction and will not enforce immigration laws on behalf of CBP /Border Patrol. Each participating agency will conduct enforcement activities that have a nexus and contribute to border security. Through collaboration with participating agencies, targeted areas of the county will increase the capability to prevent, protect against, and respond to border security issues. The collective collaboration of the participating agencies will provide an opportunity for intelligence based operations and further refinement of deployment strategies. B. General Concept: Through OPSG approved funding, participating agencies will enhance their current deployment capabilities through expenditure of overtime and equipment acquisition. Deployment strategies will be adjusted based on intelligence information and historical data that supports the need for increased operations within certain areas of the county. Intelligence liaisons between the U.S. Border Patrol, Corpus Christi Station and the participating agencies, will facilitate the exchange of information to ensure resource deployments are consistent with current and developing intelligence information. The Operation will center its efforts around the prevention, detection and interdiction of crimes and criminals who have a border security nexus. Operation Stonegarden does not authorize extension of Federal authority to state or local law enforcement agencies to enforce Federal immigration laws. When Federal immigration violations are encountered, state and local agencies may refer those violations to the Border Patrol for appropriate action. C. Specific Responsibilities: * Nueces County Sheriff's Office: Consistent with the guidelines required by OPSG, the Nueces County Sheriff's Office has developed an operational plan that utilizes overtime expenditures and equipment acquisition to enhance enforcement efforts throughout strategic locations of Nueces County. The plan was developed in collaboration with the U.S. Border Patrol, Corpus Christi Station. The Nueces County Sheriff's Office will be specifically responsible for providing enforcement enhancements in rural areas of the county that fall outside the defined jurisdictions of other participating agencies. Nueces County Budget Requirements to fulfill Specific Responsibilities: The Nueces County Sheriff's Office estimates that its officers will work 10,000 hours of overtime to fulfill Operation Stonegarden objectives. The average overtime Rate for the officers is $25.00 per hour and the benefit rate is 17.56% (FICA /Medic 7.65 %; Retirement 9.91%) The five (5) Chevrolet Tahoe's requested will be used in support of OPSG. The vehicles will be equipped with police packages at a cost of $21,075.00 each. Additional supplemental equipment will include radars, video systems, window tint meters, laptops, converter, software, consoles tuflock SUV boxes, push bars, window guards and foldout seat belt cutters for each truck and new digital radios to communicate with the surrounding agencies. Nueces County Sheriff's Office Expenditure Categories • Fuel /Maintenance: requested allocation • Vehicle Purchases: requested allocation $128,320.00 or 19% of total NCSO $126,876.00 or 19% of total NCSO • Special Equipment: requested allocation • Fringe Benefit: requested allocation • Overtime: requested allocation $124,788.00 or 18% of total NCSO $ 43,900.00 or 7% of total NCSO $250,000.00 or 24% of total NCSO *Nueces County Constables, Precinct 3: Precinct 3 is located on the southern border of Nueces County and consists of an area of 185 sq. miles that encompass the cities of Bishop, Driscoll and Petronila, as well as numerous subdivisions and colonias. The Nueces County Constable Pct 3 office currently maintains four (4) full -time deputies whose primary duties are Patrol, Civil Court Process and Warrants, as well as CID and Narcotics. The cities of Driscoll and Bishop maintain their own Police departments. The area of responsibility consists mainly of farm and ranch lands as well as open highways. The major thoroughfares that run through Precinct 3 are US 77 from North to South, FM 70 running both North to South and East to West, and FM 665, which runs East to West. All of these roads have been known to be routinely traveled highways for illegal activities such as drug smuggling and human trafficking. The Nueces County Precinct 3 Constable's Office will and has worked with the United States Border Patrol and Texas Department of Public Safety as well as other Police agencies in our areas to combat illegal activities occurring within our area of responsibility. The Precinct has experienced a high volume of illegal human trafficking, mainly on US 77 and FM 70 as well as narcotics smuggling and money laundering. This is due to the fact that Precinct 3's main thoroughfares lead directly away from the immediate border and connect to other egress routes that facilitate entry into the United States. *Precinct 3 Budget Requirements to fulfill Specific Responsibilities: The Nueces County Constable Pct. 3 Office will expend a total of 2,496 hours of overtime. The average overtime rate for the officers is $24.00 per hour and the benefit rate is 17.56% (FICA /Medic 7.65 %; Retirement 9.91%). The two vehicles requested (Chevrolet Tahoe) will be used in support of the OPSG initiative. The unit is requested to be equipped with a police package and laptop which is standard equipment for the existing fleet. Additional supplemental equipment will include radars, video systems, laptops, converter, software, consoles tuflock SUV boxes, leg irons and spike system for each truck and new digital radios to communicate with the surrounding agencies. Nueces County Constable's Office PCT 3 Expenditure Categories • Fuel /Maintenance: requested allocation • Vehicle Purchases: requested allocation $ 26,000.00 or 11% of total NCCO PCT 3 $ 54,030.00 or 23% of total NCCO PCT 3 • Special Equipment: requested allocation • Fringe Benefit: requested allocation • Overtime: requested allocation $ 89,408.00 or 37% of total NCCO PCT 3 $ 10,519.00 or 4% of total NCCO PCT 3 $ 59,904.00 or 25% of total NCCO PCT 3 Nueces County Constables, Precinct 5: Precinct 5 consists of a 320 square mile area and contains the cities of Robstown, Banquete, Agua Dulce, and Bluntzer as well as a number of smaller communities and subdivisions scattered throughout the Precinct. Precinct 5 currently maintains 11 full -time deputies whose duties primarily consist of patrol, civil court process, criminal investigations, and narcotics. Precinct 5 also maintains a substation which is located in Agua Dulce. Major thoroughfares that run through Precinct 5 are Highways 77 (South to North) and 44 (East to West). Both of these highways have been known to be a routinely traveled by smugglers of aliens and /or narcotics. The Precinct 5 Constable's Office will enhance enforcement efforts along these corridors to detect, deter and interdict illegal activities. The Precinct has experienced a high volume of illegal trafficking in and along these highways because they are direct routes leading away from the immediate border area. *Precinct 5 Budget Requirements to fulfill Specific Responsibilities: The Nueces County Constable Precinct 5 Office will expend 2,307 hours of overtime. The average overtime rate for the officers is $26.00 per hour and the benefit rate is 17.56% (FICA /Medic 7.65% Retirement 9.91%). The vehicle requested (1 Chevrolet Tahoe's) will be used in support of the OPSG initiative. The units requested will be equipped with a police package and laptop which is standard equipment for the existing fleet. Nueces County Constable's Office PCT 5 Expenditure Categories • Fuel /Maintenance: requested allocation • Vehicle Purchases: requested allocation • Special Equipment: requested allocation • Fringe Benefit: requested allocation • Overtime: requested allocation $ 10,050.00 or 7% of total NCCO PCT 5 $ 30,315.00 or 23% of total NCCO PCT 5 $ 23,830.00 or 18% of total NCCO PCT 5 $ 10,533.00 or 8% of total NCCO PCT 5 $ 59,982.00 or 44% of total NCCO PCT 5 Corpus Christi Police Department: The City of Corpus Christi is the largest metropolitan area located within Nueces County. The city's population is estimated at 280,000 persons and the Police Department is staffed with 448 sworn officers. The City of Corpus Christi is situated along two primary corridors leading away from the immediate border area. These corridors are Highway 77 and the Padre Island National Seashore (PINS). Additionally, the city is surrounded by a number of smaller county roads that are adjacent to both Highways 77 and 281. These avenues of egress /ingress are utilized by criminal organizations operating within both the Rio Grande Valley and Laredo, Texas areas. *Corpus Christi PD Budget Requirements to fulfill Specific Responsibilities: The Corpus Christi Police Department will work 5,200 hours of overtime at an overtime rate $48.96. The fringe benefit includes FICA at 7.65% and TMRS at 14.80 %. In addition, the CCPD intends to purchase laser radars, night vision goggles, fiberscope kits, personal tool kits, digital video units and five (5) Crown Victoria's with accessories. Corpus Christi Police Department Expenditure Categories • Fuel /Maintenance: requested allocation • Vehicle Purchases: requested allocation • Special Equipment: requested allocation • Fringe Benefit: requested allocation • Overtime: requested allocation Driscoll Police Department: $ 52,000.00 or 9% of total CCPD $169,000.00 or 27% of total CCPD $ 84,892.00 or 14% of total CCPD $ 57,156.00 or 9% of total CCPD $254,592.00 or 41% of total CCPD The City of Driscoll is located inside Nueces County and approximately 27 miles from the City of Corpus Christi. Driscoll is located at the intersection of FM 665 and Hwy 77 and has a Police Department composed of three officers. The City of Driscoll is directly located on Highway 77. It provides a stopping point for those who are using FM 665 in an attempt to circumvent the larger cities of Kingsville, Alice and Robstown, Texas. As a result of funding through OPSG, the City of Driscoll will enhance patrols to this area through specialized equipment acquisition and overtime expenditures. *Driscoll PD Budget Requirements to fulfill Specific Responsibilities: The Driscoll Police Department will work 881.25 hours of overtime at a rate of $32.00 per hour. All sworn personnel are eligible to participate in Operation Stonegarden. The FICA benefit is calculated at a rate of 7.65 %. The DPD intends to purchase one (2) 2011 Dodge Chargers with police package. This vehicle is being requested to enhance police patrol coverage along Hwy 77 and along Fm 665. Additionally, the Driscoll Police Department is asking for a fiber optic scope for the purpose of locating hidden contraband. Additional Special equipment of bullet proof vest, radars and MetroCom radios have also been requested. Driscoll Police Department Expenditure Categories • Fuel /Maintenance: requested allocation • Vehicle Purchases: requested allocation • Special Equipment: requested allocation • Fringe Benefit: requested allocation • Overtime: requested allocation Robstown Police Department: $ 12,200.00 or 8% of total DPD $ 82,600.00 or 57% of total DPD $ 17,264.00 or 12% of total DPD $ 4,323.00 or 3% of total DPD $ 28,200.00 or 20% of total DPD The City of Robstown is located at the crossroads of State Highway 77 and State Highway 44 in the center of Nueces County. Both of these highways are major travel corridors from the United States border with Mexico. Robstown is the second largest city in Nueces County with a population of 12,900 residents. The City of Robstown is surrounded by farm and ranch land with a number of small sub - divisions within a ten mile radius of the city. Robstown has its own police department, which consists of 24 sworn personnel, five dispatchers and two non -sworn office personnel. A total of 12.1 square miles are patrolled by Robstown Police Officers. Assistance is given by officers to other agencies as requested. Robstown has the only dual- certified K -9 in Nueces County. This K -9 Team is requested and utilized by all agencies in Nueces County. The Robstown Police Department intends to use funds from Operation Stonegarden to provide extra patrol and engage in operation activities intended to detect, deter and interdict all criminal and terrorist activity in and around the City of Robstown and in support of other departments within Nueces County. Robstown has a high volume of drug and human smuggling activities along both Highway 77 and Highway 44. These roads have proven to be heavily utilized by criminals associated with alien and drug smuggling activities. OPSG funds will be utilized to enhance patrols in and along these corridors of ingress /egress. *Robstown PD Budget Requirements to fulfill Specific Responsibilities: The Robstown Police Department will expend 1,500 hours of overtime at $34.00 per hour. The number of officers may increase per shift depending on the need for enhanced operations. Total fringe benefits are calculated at a rate of 16.71%. The Robstown Police Department will purchase two (2) Chevrolet Tahoe 4WD with police package. This additional vehicle can be equipped for the special task of highway interdiction and increased law enforcement presence on the highways. Additional special equipment of two vehicle tacking systems, trooper spike system, body worn camcorders, tire scopes, fiberscope kits, thermal imaging camera and weapon lockers have also been requested. Robstown Police Department Expenditure Categories • Fuel /Maintenance: requested allocation • Vehicle Purchases: requested allocation • Special Equipment: requested allocation • Fringe Benefit: requested allocation • Overtime: requested allocation D. Coordinating Instructions: $ 12,500.00 or 4% of total RPD $ 96,760.00 or 34% of total RPD $118,300.00 or 41% of total RPD $ 8.552.00 or 3% of total RPD $ 51,000.00 or 18% of total RPD All participating agencies that are funded by OPSG will coordinate their enforcement efforts with the Corpus Christi Border Patrol Station and the Nueces County Sheriff's Office. OPSG enhancements will be utilized in direct response to known or developing intelligence information provided through liaison with the Corpus Christi Border Patrol Station. Deployment areas identified within this plan are subject to adjustment based on jurisdictional limitations and the nature of the actionable intelligence information received. The Corpus Christi Border Patrol Station will coordinate with the Rio Grande Valley Sector's Border Intelligence Center to establish a statistical tracking method that will be used for performance evaluations and future resource allocations or adjustments to established plans. Plans for adjustment of allocations or major deviations from the established deployment strategies will be coordinated through the Nueces County Sheriffs Office and the Corpus Christi Border Patrol Station along with a representative of the affected adjustment area. IV. ADMINISTRATION /LOGISTICS A. Cost Estimates /Funding Issues: OVERTIME Nueces County Sheriff's Office: 5100 hours Nueces County Constable Pct.3: 1740 Hours Nueces County Constable Pct 5: 1262 Hours City of Driscoll Police Department: 406 Hours City of Robstown Police Department: 1500 Hours City of Corpus Christi Police Department 2400 Hours Total Overtime: FRINGE BENEFITS Nueces County Sheriff's Office: Nueces County Constable Pct.3: Nueces County Constable Pct 5: City of Driscoll Police Department: City of Robstown Police Department: City of Corpus Christi Police Department: Total Fringe Benefits: EQUIPMENT $127,500.00 $40,020.00 $32,820.84 $13,000.00 $51,000.00 $115,200.00 $379,540.84 $22,389.00 $7,243.62 $5,763.33 $1,992.90 $8,523.00 $25,217.28 $71,129.13 Nueces County Sheriff's Office (2) Transmitter kit, receiver kit and home charger $1,000.00 (2) Dailey Wells M7300 two piece Radios $7,600.00 (2) 12 ft. Stop Stick SUV Kits $978.00 (5) Window Tint Meters $938.00 (2) Laptops w/ software and Vehicle Converters $4,500.00 (2) Licenses for Laptops $3,050.00 (2) Cases of (4) Fire Extinguishers for Vehicles $160.00 (2) Consoles $630.00 (2) Triangle Warning Reflectors (3 Pkg) $40.00 (2) Trunk First Aid Kits $86.00 (5) Foldout Seatbelt Cutter $65.00 (2) Tuf -lock SUV Boxes $2,000.00 (2) Anti -theft Systems $200.00 (2) Push bars with Lights $1,500.00 (2) Window Guards $1,000.00 Installation of Radio, Lockbox, Guards, Light bars $2,300.00 Nueces County Constable Pct.3 Patrol Witness PWII Video System Installation of Patrol Witness PWII Video System (2) Kuston Signal Radars Nueces County Constable Pct.5 (2) Laptops w/ software and Vehicle Inverters (2) Licenses for Laptops City of Driscoll Police Department (1) Density Meter (1) Gas tank Search Fiberscope (2) Trunk First Aid Kits (1) Bullet Proof Vest (1) Laser Radar (3) Metro Com Radios w/ Installation City of Robstown Police Department (2) Kingsville Tire Scopes (2) CESCO Fiberscope Kits (10) Weapons Lockers (20) Body Worn Camcorders (1) Thermal Imaging Camera City of Corpus Christi Police Department 3Fv Series LED Fiberscope Insp Kit w/ Camera (3) Personal Tool Kits for Inspections (3) Telescoping Mirror Flashlights (3) BUSTER K910B Contraband Detector Kits VEHICLES $19,950.00 $1,625.00 $8,084.00 $4,500.00 $3,050.00 $6,500.00 $12,000.00 $150.00 $800.00 $3,300.00 $7,314.00 $6,800.00 $31,000.00 $9,000.00 $3,245.16 $5,000.00 $16,000.00 $650.00 $550.00 $19,000.00 Nueces County Sheriff's Office (2) Chevrolet Tahoe Police Package W/ spotlight $49,000.00 City of Corpus Christi Police Department (1) Chevrolet Tahoe Police Package with avl and Computer and Radio System VEHICLE EQUIPMENT Nueces County Sheriff's Office Vehicle Graphics and Emblems Siren, Light bars, Speakers, Brackets and Kits Prograd Partition %2 Sliding Window Lower Expansion and Recesses Panels CPU Mount Tahoe $36,500.00 $800.00 $9,000.00 $3,250.00 $1,000.00 $1,125.00 City of Corpus Christi Police Department Vehicle Graphics and Emblems $382.00 Low Profile Emergency Lights $1,500.00 City of Driscoll Police Department Siren, Light bar, Speakers, Brackets and Kits $8,000.00 VEHICLE FUEL Nueces County Sheriff's Office: Nueces County Constable Pct.3: Nueces County Constable Pct 5: City of Driscoll Police Department: City of Corpus Christi Police Department: Cost Estimates: General Cost: OT Cost: $367,674.03 $450,669.97 Total Cost: $818,344.00 B. Travel: None C. Lodging: None D. Reception of Detailed Personnel: None E. Uniform and Equipment: None F. Special Equipment: G. Alien Processing: $21,759.00 $10,000.00 $2,966.00 $4,227.19 $30,504.00 Alien Processing will be coordinated with the Kingsville Border Patrol Station. H. Medical: Medical emergencies will be coordinated as per local protocol. I. Detention /Transportation: Alien detention and transportation will be coordinated with the Kingsville Border Patrol Station. J. Vehicles: None V. COMMAND /CONTROL /COMMUNICATION A. Chain of Command: Participating agencies will maintain their individual chains of command as dictated by internal policies and guidelines. Operations Orders for specific Stonegarden enforcement efforts will be approved by the Chief Patrol Agent, Rio Grande Valley Sector, followed by Office of Border Patrol and FEMA prior to funding. B. Unit Command: Border Patrol: CPA Rosendo Hinojosa 956- 289 -4800. Nueces County Sheriff: Sheriff Jim Kaelin, 361- 887 -2222 Nueces County Constable PCT 3: Jimmy Rivera 361- 387 -7211 Nueces County Constable PCT 5: Dionicio Yassi 361- 767 -5204 Corpus Christi PD: Wayne Tisdale 361- 886 -2683 Driscoll Police PD: Chief Joe Tamez 361- 387 -3011 Robstown PD: Johnny Brown 361- 387 -3511 C. Communication Details: The Nueces County Sheriff's Office and all participating local law enforcement agencies are members of MetroCom. MetroCom is a centralized 911 PSAP and dispatching center for the City, Sheriff and Constables. MetroCom utilizes an 800 Mghz trunked system and supports instant unified command operations. State and Federal Law Enforcement agencies within the region have been provided with mutual aid communications as well. D. Map Coordinates: Notes: Degrees : Minutes : Seconds Decimal Location Zone: ANNEX A. Administration Annex: Longitude Latitude 97:49:41 27:30:3 - 97.8281 27.5007 All involved agencies will meet a minimum of once per month. The monthly meetings will give all agencies an opportunity to plan and coordinate logistics including assigning highway routes to participating agencies in order to avoid duplication of services and maximize the area covered. Monthly progress statistics will also be presented and reviewed at this time. Any other concerns can be discussed and addressed during the meeting. In between meetings, communication will be maintained by conference calls, emails and facsimile updates. Field communications will primarily be by radio with the agencies sharing our frequency group and with the other agencies by using the interoperability capabilities of the radios requested for this operation for agencies which do not share our frequency group. B. Execution Annex: Operational deployments will be conducted utilizing each participating agencies own chain of command. Daily assignments and other enforcement activities will be subject to each agencies respective rules, regulations and policies. Uniformed and regular intelligence briefs will be conducted on an as needed basis to ensure mission integrity and appropriate resource adjustments. Administrative execution will be the responsibility of each agency's appointed representative to OPSG. These individuals will be responsible for conducting internal reviews and records maintenance that may be required in any subsequent audit. C. Communication Annex: N/A Media Action Plan: USBP -RGV Sector Public Affairs Officer (PAO) has the lead on all Public Affairs activities. Each participating agency must coordinate all Public Affairs Activities with RGV Sector PAO in order to maintain Mission Operation Security. All Border Patrol inquiries will be directed to the Rio Grande Valley Sector Public Affairs Office (956) 289 -4850. State /Local agencies will manage media inquiries as indicated by their individual departmental policies. Legal Review: All matters will be referred to the CBP Counsel. Risks: No risks have been associated with this Op Order. Photos: No photos have been associated with this Op Order. AGENDA MEMORANDUM First Reading for the City Council Meeting of December 11, 2012 Second Reading for the City Council Meeting of December 18, 2012 DATE: TO: Ronald L. Olson, City Manager November 19, 2012 FROM: Michael Morris, Director, Parks and Recreation Department 361- 826 -3494 MichaelMo@cctexas.com FY13 Grant appropriation for Meals on Wheels, Title XX CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $248,663.25 grant awarded by the Texas Department of Aging and Disability Services and appropriating in No. 1067 Parks and Recreation Grants Fund for the FY 2013 Senior Community Services, Title XX Meals on Wheels Program. PURPOSE: To accept and appropriate the State reimbursement grant funds for the Title XX Meals on Wheels program. BACKGROUND AND FINDINGS: The Title XX grant is made available through the Texas Department of Aging and Disability Services for the Senior Community Services, Title XX Meals on Wheels (MOW) Program. The fund authorization period is October 1, 2012 through September 30, 2013. This is a reimbursement grant. Meal service is initiated by referrals. The Texas Department of Aging and Disability Services will reimburse the City of Corpus Christi at a rate of $4.95 per unit of service. The Elderly Nutrition Program coordinates the home delivered meals operations to provide a fully prepared, well - balanced noon meal to homebound and /or disabled persons throughout the City. The meals are prepared at the Nutrition Education and Service Center located on the Del Mar College West Campus. We served approximately 50,235 Title XX Meals on Wheels service units during fiscal year October 2011 through September 2012. ALTERNATIVES: Reject the grant award and contract. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate State grant funds. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $248,663.25 $248,663.25 BALANCE $248,663.25 $248,663.25 Fund(s): Grant Fund 1067 Comments: NA RECOMMENDATION: Staff recommends appropriation of the grant from the Texas Department of Aging and Disability Services for the Senior Community Services, Title XIX and Title XX Meals on Wheels (MOW) Program. LIST OF SUPPORTING DOCUMENTS: Texas Department of Aging and Community Services Contract Amendment Ordinance Page 1 of 2 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $248,663.25 grant awarded by the Texas Department of Aging and Disability Services and appropriating in the No. 1067 Parks and Recreation Grants Fund for the FY 2013 Senior Community Services, Title XX Meals on Wheels Program. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or his designee, is authorized to execute all documents necessary to accept a $248,663.25 grant awarded by the Texas Department of Aging and Disability Services for the FY 2013 Senior Community Services Title XX Meals on Wheels Program. Section 2. That the $248,663.25 grant from the Texas Department of Aging and Disability Services is appropriated into the No. 1067 Parks and Recreation Grants Fund for the FY 2013 Senior Community Services Title XX Meals on Wheels Program. Page 2of2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor I*J'T EXAS Department of Aging and Disability Services September 25, 2012 Certified Mail — 7011 2000 0001 9781 5509 Return Receipt Requested Michael Morris City of Corpus Christi Senior Community Services P.O. Box 9277 Corpus Christi, TX 78469 INT[RIM COMMISSJONot Jon Weizenbaurn Re: Approval of Amendment Number 11 -6 for Contract Number(s) 167400 Home Delivered Meals Dear Mr. Morris: Enclosed is an original signed contract amendment from the Department of Aging and Disability Services (DADS), along with other information regarding an amendment for the above - referenced program(s). The effective date for this amendment is October 1, 2012. If you have any questions about your Home Delivered Meals contract in Region 11 or any questions regarding this letter, please contact Teresa Saenz, Contract Manager at 956- 316 -8141. Sincerely, Teresa Saenz Contract Manager Contract Division Enclosures 701 W. 51st St. * P.O. Box 149030 * Austin, Texas 78714 -9030 * (512) 438 -3011 * www.dads.state.b .us An Equal Opportunity Employer anc! Provider Form 5887, 09 -2012 and Disability Services State of Texas § County of Travis § Community Services Contract Amendment Section 1. Contractor Information rurrm September 2011 Legal Name of Entity (Contractor) City of Corpus Christi Contract No. 167400 Contract Type CCA© HDM Doing Business As (d /b /a) Name, if applicable Senior Community Services Amendment No. 11 -6 Region No. 11 Address of Contractor (street, city, state, ZIP) P.O. Box 9277, Corpus Christi, TX 78469 Waiver Contract Area Nueces Component Code HCS Section 2. Change Information The Department of Aging and Disability Services (Department) and the legal entity (Contractor) named above agree to amend contract number 167400 as follows: Check all applicable changes: ❑ The following provision is added to the contract: The Department represents the Health and Human Services Commission (HHSC), the Texas Medicaid agency, for any Medicaid services provided under this Contract. The Department, as the representative for HHSC, administers community services programs under Title XIX, including Section 1915(c); Title XX of the Social security Act; and Title 2, Texas Human Resources Code. ❑ The following provision is added to the contract. The Contractor agrees: To screen its employees and contractors to determine whether they have been excluded from participation in Medicare, Medicaid, the State Children's Health Insurance Program and all federal and state health care programs. The Contractor agrees to search monthly the U.S. Department of Health and Human Services Office of the Inspector General (HHS -OIG) and Health and Human Services Commission - Office of the Inspector General (HHSC-01G) List of Excluded Individuals /Entities (LEIE) websites to capture exclusions and reinstatements that have occurred since the last search and to immediately report to the HHSC-01G any exclusion information the contractor discovers. Exclusionary searches for prospective employees or contractors shall be performed prior to employment or contracting. The Contractor also acknowledges and agrees that no Medicaid payments can be made for any items or services directed or prescribed by an excluded physician or other authorized person when the individual or entity furnishing the items or services either knew or should have known of the exclusion. This prohibition applies even when the Medicaid payment itself is made to another provider, practitioner or supplier that is not excluded. ❑ The following provision is added to the contract. The Contractor agrees: That in accordance with 42 CFR §455.23, the Department shall suspend all Medicaid payments to the Contractor upon notification by HHSC -OIG that a credible allegation of fraud under the Medicaid ,..,,.pr.,ograrn i.s . pending against the Contractor, unless the Department has good cause not to suspend the 1p6yinerits dr to sus`perid,the payments only in part. „It S E P i 0 2012 COA \t 311 Nr) COUNCIL. OF GQV1;RNMfNTS rorm 3254 -A Page 2I 09 -2011 Section 2. Change Information (continued) ® The following provision is added to the contract. The Contractor agrees: That except as provided in the paragraphs below, the Contractor must not use the Department's name, the state of Texas or refer to the Department or the state directly or indirectly in any media release, public announcement or public disclosure relating to this contract or its subject matter, including, but not limited to, in any promotional or marketing materials, customer lists or business presentations (other than those submitted to the Department, an administrative agency of the state of Texas, or a governmental agency or unit of another state or the federal government). The Contractor may publish, at its sole expense, results of Contractor performance under this contract with the Department's prior review and approval, which the Department may exercise at its sole discretion. Any publication (written, visual or sound) will acknowledge the support received from the Department and any federal agency, as appropriate. The Contractor will provide the Department at least three copies of such publication prior to public release. The Contractor will provide additional copies at the request of the Department. The Contractor may include information concerning this contract's terms, subject matter and estimated value in any report to a governmental body to which the Contractor is required by law to report such information. ❑ The following ❑ counties ❑ MRAs are added to the contract referenced above. ❑ The following ❑ counties ❑ MRAs are deleted from the contract referenced above. ❑ The list of covered counties in Section 3 of this amendment is adopted by the Department and the Contractor and represents the full listing of counties served as a result of this amendment. ❑ The attached Form 3691 -A, Service Area Designation HCS, TxHmL, CDS and TAS, replaces and supersedes, in its entirety, the Contractor's previously submitted Form 3691 -A. ® Other Contractor will provide 50,235 units of Title XX Community Care for the Aged and Disabled /Home Delivered Meals for October 1, 2012 through September 30, 2013 (budget period). The unit rate for each meal is 4.95 , and the approved budget for the budget period is 248,663.25. The approved budget is reflected in the attached Form 2029, Information Sheet, Purchase of Service Contract, which is incorporated into this amendment. The geographical area covered by this contract is Corpus Christi, Texas. ® Other The Home Delivered Meals provider will serve meals in alternate format (frozen, chilled or shelf - stable) and /or deliver on fewer than five days per week. The alternate delivery terms for the period October 1, 2012 through September 30, 2013 are described on the attached Home Delivered Meals FFY 2013 Waiver Description (Form 2027). ❑ Other Other: Contractor will provide Title XIX Community Based Alternatives /Home Delivered Meals for October 1, 2012 through September 30, 2013 (budget period). The Title XIX meals will be paid at the rate of per unit. The geographical area covered by this contract is , Texas. This Amendment is effective October 1, 2012. rorm 3404 -A Page 3!09 -2011 Section 2. Change Information (continued) The marked changes are adopted by the Department and the Contractor as an amendment to the above - referenced contract effective the date signed by the Department representative, unless otherwise indicated above. All other terms and conditions of the referenced contract remain in full force and effect. Department of Aging and Disability Services Signature — Department Representative Date Name of Department Representative (Print or type) Paul T. Ebrom Title of Department Representative (Print or type) Community Services Regional Director Legal Approval Legal Name of Contractor City of Corpus Christi `3 / /1,2 Signature—Contracto Representative Date Name of Contractor Representative (Print or type) Michael Morris Title of Contractor Representative (Print or type) Director, Parks & RecreationsM Community Services Contract Amendment Type of Contract Home Delivered Meals Legal Name of Contractor City of Corpus Christi Contact Person Elsa Munoz Contract No. 167400 Amendment No. 11 -6 ran IF/ 3L3.i•44 Page 4 / 09 -2011 Region No. 11 1 Area Code and Telephone No. 361 -880 -3150 Section 3. List of Covered Counties The counties listed below, effective with this amendment, are covered by this contract. These counties are on file with the DADS Home and Community Support Services licensing division for the appropriate category of licensure and are located in the DADS region listed above. Nueces (178) County Name County Name County Name Date Form Completed: 9 -7 -12 1 exas uepai uwin ui raging and Disability Services Contract/Vendor Number 1674 SECTION CONTRACTOR DATA Legal Name City of Corpus Christi Commonly Used Name (if different) Senior Community Services Address (Street, City, State, Zip) P.0, Box 9277, Corpus Christi, Texas 78496 Person Authorized to Sign Contract Michael Morris Charter Number Employer ID Number 17460005471 Information Worksheet Purchase of Service Contract Region Number 11 Form 2029 October 2002 County Number 178 Title Director, Parks & Recreation Contract Person Elsa Munoz Title Superintendent Ownership ® Public Contract Effective Date 10/0112012 Contract Termination Date open -ended Area Code and Telephone Number (361) - 880 -3150 ❑ Non- profit ❑ Profit Area Code and Telephone Number (361) - 880 -3150 SECTION 11— SUMMARY OF PAYMENT (Enter estimated information in this section.) Effective Payment Dates 10/01/12- 09/30/13 Budget Name Title XX Budget Number Unit Rate 01 4.95 Estimated Number Eligible Units 50,235 Estimated Contract Total Percent of Contract SECTION III .. SERVICE Estimated Local Funds _ __ Estimated DADS Funds Estimated Budget Amount $0.00 248,663,25 248,663.25 $0.00 $248,663.25 $248,663.25 0 100% Program Activity Name Long Term Care - Community Care for the Aged and Disabled Service Activity Name Horne Delivered Meals SECTION IV — CLIENT DATA Code 7 Code 25 1. Client Categories to be Served (check all that apply) ® Current TANF ® Current SSI ❑ NPA Food Stamp Recipient ® Other Income Eligible ❑ Without Regard to income 2. Total Number of Client to be Served ® Per day ❑ Per week 4, Unit of Service 5. Units of Service to All Clients Meals 144,855 ® MAO Income Eligible ❑ Ineligible ❑ Per month 3. Number of Eligible Clients io be Served ® Per day ❑ Per week ❑ Per month 7. Geographical Area Served Nueces County (City of Corpus Christi) 9. Basis of Payment ❑ Reimbursement 6. Number of Units of Service to Eligible Clients 50,235 8. Goals (check all that apply) ® I ® 1I ❑ 1I1 ® iv ❑ v Fixed Unit Rate ❑ Cost Reimbursement ❑ Schedule 10. Estimated Amount of Co -Pay (day care and family planning only): N/A 1 1 2 4 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 8/31/2012 3 :43 PM Submission # Department of Aging and Disability Services Uniform Rate Negotiation Workbook /Budget Federal Contract Period: 10 -01- 12109 -30 -13 Common Provider Nutrition Providers Legal Business Name: City of Corpus Christi Street Address: 1201 Leopard Mailing Address: 1201 Leopard City: Corpus Christi, TX Zip Code: 78401 Phone Number: 361 - 826 -3150 E -mail Address: elsam@cctexas.com Contact Name: Elsa Munoz Nutrition Providers website address: cctexas.com #4 8/3/12 Did this Nutrition provider complete a rate setting workbook last year? Yes If Yes what was the provider name listed on the workbook? City of Corpus Christi Is the Provider a AAA Provider? Yes If Yes, select the AAA Name: Area Agency on Aging of the Coastal Bend If Yes, contact name at AAA: Betty Lamb If Yes, is it a contract or vendor relationship? Contract Is the Provider a DADS Community Services Provider? Yes If Yes, Contract Manager name at DADS Community Services: Teresa Saenz If Yes, select the DADS Region Number: Region 11 If Yes, enter the DADS contract number: 167400 Service Delivery Information Horne Delivered Meals Does this Nutrition provider serve home delivered meals paid for by DADS or the AAA? Yes Does this Nutrition provider have an approved Home Delivered Nutrition Waiver for 2012? Yes Is this Nutrition provider requesting a Home Delivered Nutrition Waiver for 2013? Yes Total number of home delivered meal routes for this provider: 11 Total number of meal preparation sites used by this provider: 1 Congregate Meals Does this Nutrition provider serve congregate meals paid for by the AAA? Yes Does this Nutrition provider have an approved Congregate Nutrition Waiver for 2012? No Is this Nutrition provider requesting a Congregate Waiver for 2013? No Total number of meal preparation sites used by this provider: 1 Total number of meal sites used by this provider: 8 sY +x�.eiNdr'^ns.,; 3tx�:-°! :�[�1cxY.l.klfrx.y.�pxi,F^;'c:L S'YA'kY!1,.,k ;V.i!ey.Ar: • SEP102012 COASTAL FNI) COUNCIL OF GoVFP,NMJ :NTS x;ci�l' Y yorN;a ,� - - y. c^ Nviyy, hk5*T:`Rigq' t- f , AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 11, 2012 Second Reading Ordinance for the City Council Meeting of December 18, 2012 DATE: TO: November 26, 2012 Ronald L. Olson, City Manager THRU: Eddie Ortega, Director EddieOCcr7cctexas. com 826.3224 FROM: Rudy Bentancourt, CD Administrator RudyB(a�cctexas.com 826.3021 Acceptance of grant award, appropriate funding, and authorize execution of agreements for FY2011/2012 funds for the 2nd Allocation of the Emergency Solution Grant Program. CAPTION: Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate a grant in the amount of $83,495 from the U.S. Department of Housing and Urban Development in Grant Fund No. 1059 for the 2011 Consolidated Annual Action Plan's Emergency Solutions Grant Program. PURPOSE: On September 10, 2012 the U.S. Department of Housing and Urban Development (HUD) approved the FY2011 -2012 Emergency Solutions Grant (ESG) Substantial Amendment from the City of Corpus Christi for a second allocation of ESG funds in the amount of $83,495. With the receipt of the notification of the awarded funds, the City must now accept the award, appropriate the funds and enter into written agreements with the agencies selected to receive the funding. BACKGROUND AND FINDINGS: On January 2012, HUD released a "Notice of the FY2011 Substantial Amendment Process and Other Related Information for Recipients of Emergency Solutions Grants Program Funds ". This notice outlined the steps that would be required for each entitlement receiving a second allocation of ESG funds. Below outlines a summary of the process taken for the Substantial Amendment. April 5, 2012 — City staff met with the Homeless Issues Partnership (HIP) Committee to discuss the upcoming Public Hearing where information would be given April 6, 2012 — Information regarding the Substantial Amendment was published in Caller -Times April 12, 2012 — Public Hearing of the Substantial Amendment at the HIP Committee meeting to discuss funding for the ESG 2nd Allocation May 10, 2012 — City staff met with HIP General Membership to discuss final stages of the Substantial Amendment to HUD and final recommendations for funding May 11, 2012 — End of 30 day Public Comment period May 14, 2012 — Submit ESG FY2011 -2012 Substantial Amendment to HUD for approval September 10, 2012 — HUD approves the FY2011 -2012 ESG Substantial Amendment The ESG 2nd Allocation of funds is an extension of the Homeless Prevention and Rapid Re- housing Program (HPRP) which the City received funding and successfully expended the funding through four agencies. Due to the nature of the activities eligible with the funds, three agencies were determined to have successfully completed the HPRP program. The Substantial Amendment provided to and approved by HUD indicated three agencies would receive the 2nd allocation of ESG funding. The agencies and activities receiving funding are as follows: Catholic Charities of Corpus Christi - $25,000 ($18,000 - Homeless Prevention; $7,000 Rapid Re- housing) Corpus Christi Metro Ministries - $25,000 ($18,000 - Homeless Prevention; $7,000 Rapid Re- housing) The Salvation Army - $25,000 ($18,000 - Homeless Prevention; $7,000 Rapid Re- housing) The City will receive $8,495 for the Administration of the 2nd allocation of funding. ALTERNATIVES: "Not Applicable" OTHER CONSIDERATIONS: "Not Applicable" CONFORMITY TO CITY POLICY: Council approval is required for acceptance of grant, appropriation of funds, and authorization to execute agreements EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal Finance 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 $83,495 None $83,495 BALANCE $83,495 None $83,495 Fund(s): Comments: None RECOMMENDATION: Staff recommends the approval of this agenda item LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate a grant in the amount of $83,495 from the U.S. Department of Housing and Urban Development in Grant Fund No. 1059 for the 2011 Consolidated Annual Action Plan's Emergency Solutions Grant Program. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or his designee, is authorized to execute all documents necessary to accept and appropriate a grant in the amount of $83,495 from the U.S. Department of Housing and Urban Development in Grant Fund No. 1059, for the 2011 Consolidated Annual Action Plan's Emergency Solutions Grant Program. A copy of the documents shall be filed in the Office of the City Secretary. 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: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 11, 2012 Second Reading Ordinance for the City Council Meeting of December 18, 2012 DATE: TO: November 26, 2012 Ronald L. Olson, City Manager FROM: Kim Womack, Public Communications Director Ki mw(c� cctexas. com (361) 826-3211 Repeal and amend cable franchise ordinances as a result of state issued cable franchise. CAPTION: Ordinance repealing Divisions 1 through 15 of Article XVIII Cable Communications Services of Chapter 55 and amending Chapter 2, Division 17, regarding municipal cable franchises; amending Division 16 regarding public access channels rules and procedures; providing for effective date, penalties, severance and publication. PURPOSE: To repeal and update ordinances to reflect change in status of municipal cable franchisee to a state issued franchisee leaving no local cable franchise. BACKGROUND AND FINDINGS: In June of 2012, the Federal 51h Circuit Court of Appeals ruled existing municipal cable franchise holders could no longer be held to an existing municipal cable franchise. The City was one of four remaining cities ruled by an existing local franchise held by Time Warner Cable. Time Warner Cable applied for and was granted a state issued cable franchise with the Public Utilities Commission on June 20, 2012 leaving no local cable franchise. The City currently has three state issued cable providers including: Time Warner Cable, Grande Communications and AT &T. The City continues to work through the cable franchise transition with Time Warner Cable. The primary outcomes of the transition from municipal issued franchise to state issued franchise include: • Franchise fees — Remain stable with 5% gross revenues cited in both local and state franchises. Additional 1% fee dedicated to PEG (Public, Education & Government) facilities and equipment. • Customer service standards — Shift to the Texas Public Utility Commission. • PEG channels — Existing channels grandfathered which includes 2 public access, 1 education and 1 government channel. • PEG signal origination — Shifts to City to broadcast to each cable provider. • Public access programming — Shifts to City to schedule and rebroadcast. • Ordinance revisions — Repeal municipal cable franchise to be consistent with state issued franchise and update rules and procedures for public access programming. The final transition of signal origination and public access programming to the City is pending Time Warner Cable notification. ALTERNATIVES: Repeal of ordinances could be delayed based on final transition of signal and public access programming. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: State law overrides existing local franchise. Conforms to City policy. EMERGENCY / NON - EMERGENCY: Non - Emergency with two readings required. DEPARTMENTAL CLEARANCES: Cable Communications Commission Legal Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 0 0 Encumbered / Expended Amount 0 0 0 0 This item 0 0 0 0 BALANCE 0 0 0 0 Fund(s): Comments: Ordinance changes result in no financial implications. RECOMMENDATION: Staff recommends repealing ordinances to reflect granted state cable franchise resulting in no local cable franchise and minor revisions to the ordinance pertaining to public access rules and procedures. LIST OF SUPPORTING DOCUMENTS: Time Warner Cable State Franchise Approval Cable Communication Commission Minutes Ordinance Revisions Ordinance repealing Divisions 1 through 15 of Article XVIII Cable Communications Services of Chapter 55 and amending Chapter 2, Division 17, regarding municipal cable franchises; amending Division 16 regarding public access channels rules and procedures; providing for effective date and publication. Whereas, the State Legislature has enacted new laws which remove ability of municipalities to require municipal franchise to operate a cable system and allowed holders of municipal franchises to cancel their previously existing municipal franchises; Whereas, the State law authorizes the Public Utility Commission of Texas to issue new franchise for cable operators who wish to provide cable service in a municipality; Whereas, the state law requires continuation of public, education and government access channels to be provided by state - franchised cable operator; Now, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That Divisions 1 through 15 of Chapter 55, Article XVIII Cable Communications Services, regarding municipal cable franchises are repealed. Section 2. That Chapter 55, Article XVIII Cable Communication Services, Division 16 is renumbered as Division 1, and is modified to read as follows: DIVISION 16. - MISCELLANEOUS PROVISIONS REGARDING PUBLIC ACCESS CHANNEL RULES AND PROCEDURES The city reserves the right to regulate rates for basic cable service and any other services, offered over the cable system, to the extent permitted by federal or state law. Grantee shall be subject to the rate regulation provisions provided for herein, and those of the Federal Communications Commission (FCC) at 17 C.F.R., part 76.900, subpart N. The city shall follow the rules relating to cable rate regulation promulgated by the FCC at 17 C.F.R., part 76.900, subpart N. (Ord, No, 24929, Art, 16(16,1), 6 -25 -2002) (a) Upon either the expiration (and denial of any requested renewal) or revocation of a franchise, grantor shall have discretion to permit and /or require a grantee to continue to operate the cable system for an extended period of time not to exceed six (6) months from the date of such expiration or revocation. A grantee shall continue to operate the system under the terms and conditions of this article and the applicable franchise. 0030_2_Ordinance - Cable Franchise Updates 2 (b) •• • - • e,e: • - •`, - • - • - • •`, that may be provided at that time. The grantor shall have the right to compel continued operation of the cable system • • • e _ • e _ _ e such operation is consistent with public interest as determined by a court of competent jurisdiction. The grantee may not remove equipment or documents necessary for continued operation of the system. (Ord, No, 24929, Art, 16(162), 6-25-2002) The city shall be responsible for the continued administration of this article and all franchise agreements. The city may delegate this authority from time to time. (Ord, No, 24929, Art, 16(16,3), 6-25-2002) Grantee shall not be relieved of its obligation to comply with any of the provisions of this article by reason of any failure of the city to enforce prompt compliance. (Ord, No, 24929, Art 16(164), 6-25-2002) Any dispute arising with respect to this article or a franchise agreement granted pursuant to it shall be subject to review by the state and federal courts sitting in Nueces County, Texas. (Ord, No, 24929, Art, 16(165), 6-25-2002) et • •• • - - • •• • - - • •• :• -tee :e e. with applicable laws now or hereafter in effect, or ie. •11 e e _e.• e e e •••:• • -e• •• • •• • - • - - laws, such provision shall be considered a separate, distinct, and independent part of this article, and, to the extent possible, such holding shall not affect the validity and enforceability of all other provisions hereof. (Ord, No, 24929, Art. 16(166), 6-25-2002) 3 such publication is required or authorized by law. (Ord. No, 24929, Art. 16(16 7), 6 -25 -2002) Sec. 55 -443. - Rules and procedures for public access cablecasting. Channel space on public access channels is available free of charge to any adult resident of the City of Corpus Christi in accordance with the following rules and procedures, as adopted by the City Council of the City of Corpus Christi. Submitted programs on accepted media, as defined in section 55 -447, will be cablecast by all state - franchised cable operators as provided by State law in their respective franchises. Requests for live feeds may be made in accordance with rules adopted by the Cable Communications Commission, with the consent of the City Director of Public Communications Department. These rules may be amended by City Council following recommendation from the Cable Communications Commission and franchised cable operators in the City of Corpus Christi. (Ord, No, 028445, § 1, 12 -15 -2009) Sec. 55 -444. - Rules for participation. Producers must complete and sign an Application for Public Access Cablecasting. By signing the application, the producer states and agrees that the following rules will be observed: (a) (b) (c) (d) (e) All programs must be produced by a producer as defined in section 55 -447 No program shall be of a commercial nature as defined in section 55 -447 No program shall be transmitted that requests contributions unless the solicitation is on behalf of an organization that has received tax exempt status under 501(c)(3) of the Internal Revenue Code or non - profit status in the state of Texas. Maximum time to request contributions in a program is five (5) minutes. No program shall be transmitted that contains copyrighted material for which proper written clearance or authorization has not been obtained prior to being submitted for broadcast. No program shall be transmitted that portrays any criminal act as being acceptable or condoned behavior. 4 (f) No program shall be transmitted which contains obscene or indecent material. (g) All programs must include proper program identification as defined in section 55- 447 (h) All programs must be locally produced. In order to be classified as a locally produced program, the program must contain at least twenty -five (25) per cent locally produced original content. (i) Producer must maintain current home and mailing address with PAUG and notify PAUG of change within ten (10) working days of move. Except as otherwise permitted by applicable law, neither the PAUG nor the cable operators will restrict the content of any program. (Ord, No, 028445, § 1, 12 -15 -2009) Sec. 55 -445. - Technical standards and production requirements. (a) [Conformance.] Programs submitted for cablecast must conform to the technical standards and production requirements established for cablecast by the FCC and City of Corpus Christi Public Access Rules. The programs shall not causo -tho be out of compliance with any applicable FCC Technical Standards. (b) Quality. Programs must deliver, in good quality, clear audio and video throughout the entire length of the program. (c) Format. (1) Producers must transfer all programming to accepted media as defined by subsection 55- 447(a). (2) All tapes must be rewound to beginning of tape. (3) As technology changes and formats become more common in the consumer markets, formats may be changed to reflect current market use. The decision to add or delete formats will be made by the Cable Communications Commission from a PAUG and /or the cable operator(s). (d) Labeling. All producers must clearly label their media as follows: (1) On face of the accepted media: 5 a. Title of the program as it appears on the application. b. Production date. (2) On case or sleeve of accepted media: a. Name of individual producer as it appears on the application. b. Producer's telephone number and /or e-mail address. c. Length of program. d. Title of the program as it appears on the producer's application. (2) On the spine of the tape (only for grandfathered programs): a. Title of the program as it appears on the producer's application. (e) Identification. (1) Programs must include the program identification as defined in section 55 -447 (f) Length. (1) All one -hour programs must be sixty (60) minutes in length, including the program identification. (2) All half -hour programs must be thirty (30) minutes in length, including the program identification. (3) Occasional programming beyond sixty (60) minutes (such as high school sporting events) may be included pursuant to rules established by the Cable Communications Commission with consent of the cable operators. (4) Only one (1) program may be recorded on each media submitted. (g) Deadline. Programs on accepted media must be delivered to and picked up from the City Public Communications Department before 11:30 a.m. on the Wednesday prior to the cablecast schedule that begins the following Sunday. Holidays may require deadline adjustments. (h) [Weekly log required.] A weekly log of the schedule list that indicates delivery of media by the producers will be provided to the City Public Communications Department each week when the media is delivered to the City Public Communications Department. (Ord. No 028445, § 1, 12 -15 -2009) Sec. 55 -446. - How programs are scheduled and cablecast. (a) State franchised cable operators The City Public Communications Department shall arrange for e playback of public access programming according to the schedule provided by the PAUG. During initial transition from cable operator to City and any subsequent equipment upgrades, with notice to the PAUG presidents, the Public Communications Department may exercise option to replay previous week of programming instead of new programming for that week. (b) The PAUG receives and schedules programming submitted by series and occasional producers. The PAUG must provide schedules to City Public Communications Department and to the Cable Communications Commission whenever changes are made. 6 (c) Public access for series producers. The PAUG for each channel conducts a biannual public access time slot lottery according to the rules and procedures, and uses those results to develop a public access schedule for that channel. Schedules may be modified as necessary. (d) Time slots. Series programs are given a regular weekly or monthly time slot. Time slots are awarded during the semi - annual time slot lottery. (e) Each producer may have only one (1) series. (f) Only programs created by producers, as defined in section 55 -447, are eligible to participate in the semi - annual lotteries and to be transmitted as a public access program. (g) Application. No later than the time of the bi- annual time slot lottery each producer must submit a completed public access cablecasting application form approved by the Cable Communications Commission to their respective PAUG Board of Directors. If either home or mailing address should change for any reason, producer shall update within ten (10) working days of change in address, with the correct home and mailing address. Failure to comply can be grounds for removal from the public access channels by the Cable Communications Commission for the remainder of the lottery period or 60 days, whichever is longer. (h) The PAUG Board of Directors will provide copies of applications to the City Public Communications Department and to the Cable Communications Commission no later than two (2) weeks after the time slot lottery is conducted. (i) Access channel (10 or 18) (Note: An individual producer must select one (1) channel for cablecasting of both first -run and repeat showings. Programs cannot be run on both channels.) (j) Lotteries and schedules. There are two (2) lottery periods. The spring lottery period begins the first Sunday in June through the day preceding the first Sunday in December. The fall lottery period begins the first Sunday in December through the day preceding the first Sunday in June. (k) Producers will attend the time slot lottery as noted in (1) and (2) below. Two (2) Cable Communications Commissioners who are not producers for the PAUG conducting the lottery will attend each lottery. Lotteries will be conducted as follows: (1) The spring lottery is conducted in the last seven (7) days of April with the new time slots actually beginning on the first Sunday in June. The PAUG Board of Directors shall determine the day and time of the lottery. (2) The fall lottery is conducted in the last seven (7) days of October with the new time slots actually beginning on the first Sunday in December. The PAUG Board of Directors shall determine the day and time of the lottery. (3) The public access time schedule will be broken into thirty- minute intervals. (4) Each producer will randomly draw a lottery number. (5) The lowest number will have the first choice of time slots and continuing until all numbers drawn have picked their first time slot. (6) (A) After all producers have selected time slots for their first run shows, producers of weekly programs requesting a repeat showing will then select their time slots for one (1) repeat cablecast in same or reverse order as the initial time slots were selected. If there are any available time slots after the repeat schedule is established, then the PAUG Board of Directors shall select programming from a rotation list that is based on the 7 primary lottery results, starting with the lowest number, for a third time slot, but only to the extent time slots are available. However, programming submitted after the lottery shall have precedence over third time slots. (B) A program may be cablecast as an original and repeated once in the same lottery period in the producer's allotted time slot, but not in consecutive weeks or months (back to back). A program may be cablecast as an original and repeated once in subsequent lottery periods. (7) Producers of monthly programs will have one (1) original cablecast to be repeated each week in the same allotted time slot for the remainder of the month. (8) One (1) lottery will be executed for Channel 10 by the Channel 10 PAUG and one (1) lottery executed for Channel 18 by the Channel 18 PAUG. (I) Public access for occasional producers. Single time slots of lengths as noted above in section 55 -445, Length, will be available for occasional producers on a first -come, first - served basis. Occasional producers must complete a public access cablecasting application prior to the desired cablecasting date and comply with all rules set forth herein. (m) First -come, first - served is determined upon receipt of completed application by member of PAUG Board of Directors. (n) No programs will be scheduled during holidays, unless automated programming allows as determined by City Director of Public Communications Department or designee. (Ord. No 028445, § 1, 12 -15- 2009, Ord. No 029102, § 1, 6 -21 -2011) Sec. 55 -447. - Defined terms. Accepted media. A recorded program on accepted media produced by a public access producer and submitted for cablecasting on public access channels. The term "accepted media" refers to: (1) Audio video CD MPEG -2 (with playback standard screen size 720 x 480 and 60 fields per second, audio level 3). (2)DVD + R MPEG -2 (with playback standard screen size 720 x 480 and 60 fields per second, audio level 3). Producers grandfathered by the Cable Communications Commission via Resolution approved July 21, 2008 are exempt from this provision, and may continue to submit programs in same formats they were using as of July 1, 2008. Any grandfathered producer that ceases to submit programming for minimum of ninety (90) days loses grandfather status. Cable Communications Commission. The Cable Communications Commission consists of five (5) residents of the city appointed by the City Council. The Cable Communications Commission administers the process for complaints regarding the Rules and Procedures for Public Access Cablecasting. The Cable Communications Commission mediates any disputes brought to it by the PAUG. Commercial programming. 8 (1)Any programming which is cablecast for remuneration of any kind, whether directly or indirectly, or programming which includes, in whole or in part, content whether audio, video or text intended, directly or indirectly to promote any commercial business, service or product is prohibited; or (2) Any programming which includes commercial advertising of any kind or that contains lottery or sweepstakes information. The Cable Communications Commission has approved a memo that establishes guidelines concerning the advertisement of commercial products or services in a public access program. Complaints. Communication to the Cable Communications Commission regarding violation of Rules and Procedures for Public Access Cablecasting. Holidays. Martin Luther King, Jr. Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas, and New Year's Day. Locally produced programming. Programming created in the Corpus Christi region, or pertaining to locally specific issues, or pertaining to local residents. Producer. Any resident of Corpus Christi, eighteen (18) years of age or older, who has proof of residency which must include a local street residence address, a local contact telephone number and valid identification (such as a driver's license). A producer must pay any fees required by the PAUG and must execute an approved application form. A producer, by way of definition, is an individual who meets the above stated requirements and participates in or is responsible for the creation of a local, noncommercial program for the public access channels. If the local, noncommercial program is created by a local organization, such as a church, one (1) person who meets the above requirements must be designated as the producer and will represent the organization with the PAUG. For identification purposes, this person's name will appear on program identification, oithor in video ar -aud+a, and printed on labels. Program identification. The tag at the beginning of the program must bear the producer name, and title of program as it appears on the producer application and the production date. The tag must appear for at least ten (10) seconds, in the video at the beginning of each program, or within the first thirty (30) seconds. A tag at the end of the program is optional. Public access channel (sometimes herein "channel'). This is the cable television channel or channels on which public access programs are cablecast. Public access time allocated schedule. The block of time slots allocated to each public access channel that are available and allocated by lottery during the semi - annual time slot renewal period. The block of time will be determined by each PAUG by calculating the number of producers and programming hours for all shows including repeats. The intent is to develop a 9 block of time slots that provide for consecutive programming, without gaps in the programming schedule. Public Access User Group (PAUG). As set forth in the City Code of Ordinances, section 2 -133, membership of the PAUG may be composed of any individual who is a resident of the city as well as representatives of community, public interest, or neighborhood groups. Notwithstanding any other provision, representatives of the cable operator may be members of the PAUG. PAUGs are organized separately and independently from the city and are not boards, commissions, committees or any other subdivision of the city. Each public access channel must establish a PAUG. All PAUGs, by application to the Cable Communications Commission and the City Secretary, must be certified by the Cable Communications Commission. Producers organize themselves according to by -laws, electing among themselves officers and a Board of Directors. Each producer present is entitled to vote on all matters pertaining to establishment of PAUG by- laws and election of officers. Repeat program. A program which was previously aired on any public access channel during the same lottery period. Series. A locally produced public access show from a single producer. A series can be either weekly or monthly. (Ord, No, 028445, § 1, 12- 15- 2009, Ord, No, 029102, § 2, 6 -21 -2011) Sec. 55 -448. - Amendments to rules and procedures for public access cablecasting. These rules may be amended by City Council following recommendation from the Cable Communications Commission or city franchised cable operators in the city. The city shall give any _ writing, the city and the cable operator shall thereafter meet and negotiate an amendment obligations or restricting the rights of any cable operator become effective without the written consent of that cable operator. (Ord, No, 028445, § 1, 12 -15 -2009) Sec. 55 -449. - Violation of rules. (a) [Generally.] Producers must follow all Rules and Procedures for Public Access Cablecasting. (1) If a producer and series has been removed for violations, that producer and series may not air as an occasional user during the removal period. 10 (2) A producer may appeal decisions of the Cable Communications Commission to the City Council by submitting a sworn written notice of appeal to the City Secretary within thirty (30) days of the rendition of the commission decision. (b) Violations of section 55 -444 . (1) No program will be permitted to air over the public access channels if a producer or program has violated one (1) or more of the rules identified in section 55 -444 (2) It shall be the responsibility of the PAUG Board of Directors to periodically monitor the programs that are aired on public access television and to report any and all section 55- 444 violations that are observed, to the Cable Communications Commission, using the appropriate form and procedures set forth herein. (3) Complaints about violations of section 55 -444 rules must be submitted to the Cable Communications Commission. Complaints must be submitted to the commission in writing to the City Secretary's office or through an online form at www.cctexas.comiccc/complaint. (4) Producers will receive written notice of the complaint, dates of the next two (2) commission meetings, and a statement that failure to attend, send a representative, or provide a written statement of explanation will result in forfeiture of their time slots and the use of the public access channels for sixty (60) days. (5) Producers will be informed in writing that three (3) section 55 -444 violations within a six -month period will result in forfeiture of their time slots and the use of the public access channels for sixty (60) days. (6) If a section 55 -444 violation is evident, that program media will be removed from airing and from repeat showing, and the media will be turned over to the Cable Communications Commission by the PAUG Board of Directors for review and discussion with the producer at one (1) of the next two (2) scheduled commission meetings. Producers must take corrective action on any programs with rule violations before they can be submitted as a second original or repeat. (c)Forfeit of use of public access channels. (1) At the lottery, PAUGs will establish a designated location for producers to deliver weekly and monthly media. (A) Media for the first program in a lottery period must be delivered to the designated location before 10:00 a.m. on the Wednesday before the first Sunday in the new lottery period. (B) Following the first media delivery of the lottery period, cut -off time for delivery of media for weekly programs is 10:00 a.m. on Wednesdays each week. (C) Cut -off time for delivery of media for monthly programs is 10:00 a.m. on the Wednesday before the first Sunday of each month. (2) PAUGs will maintain a schedule list that indicates delivery of media by producers. A monthly log of this schedule will be submitted to the Cable Communications Commission within the first seven (7) days of each month. Included with the list will be a cover letter that lists the producers of weekly programs that failed to supply media for airing for four 11 (4) consecutive weeks and producers of monthly programs that failed to supply media for airing for two (2) consecutive months. City staff will then send written notification to the producers who forfeit the use of the public access channels for failure to submit media. This notification will include the date of the next scheduled Cable Communications Commission meeting, at which time the producer may appeal the commission's decision. The producer, or a designated representative, must appear at the next commission meeting or provide a written statement of explanation for their appeal to be reviewed. The Cable Communications Commission will review the monthly delivery logs at each Cable Communications Commission meeting and decide whether or not to remove producers who failed to submit media as required. (3) If a series producer fails to supply media on time for a weekly or monthly program, that program will not be aired that week or month. No late media will be accepted. Individual producers shall not deliver media to the City Director of Public Communications Department. (4) If a weekly series producer fails to supply media by the established time for four (4) consecutive weeks, that producer and series will forfeit his /her time slots and the use of the public access channels for sixty (60) days or until the end of lottery period whichever is longer. If a monthly series producer fails to supply media on time for two (2) consecutive months, that producer and series will forfeit his /her time slots and the use of the public access channels for six (6) months. (d) Violations of section 55 445 Franchised cable operators may submit complaints for violations of section 55 115 to the Cable Communications Commission to be placed on the commission meeting agenda for discussion. (e) Violations of section 55 -446 Complaints for violations of section 55 -446 may be submitted to the Cable Communications Commission. The commission will notify the appropriate PAUG of any complaints and schedule a discussion with the PAUG president and the complaining party at the next scheduled commission meeting. (f) O#ectsrs to t#e cable operator, witch a csp-y to t#e Cable Communications Commission, within five (5) working days. The cable operator shall respond in writing to the PAUG Board of Directors, with a copy to the Cable Communications Commission, within five (5) working days. If a he PAUG Board of Directors shall submit tho the agenda for discussion at the next scheduled Cable Communications Commission meeting. (Ord, No, 028445, § 1, 12 -15 -2009) 12 Section 3. That Chapter 2, Administration, Article IV Miscellaneous Boards, Commission and Committees, Division 17, is amended to read as follows: DIVISION 17. - CABLE COMMUNICATIONS COMMISSION Sec. 2 -180. - Establishment. There is hereby created a Cable Communications Commission for the city. The Cable Communications Commission shall consist of five (5) residents of the city appointed by the City Council. No person or employee with ownership interest in a cable communications franchise granted by the City Council shall be eligible for membership on the commission. Each commission member is encouraged to have access to local cable communications system programming. (Ord, No, 026632, § 1, 1 -31 -2006) Sec. 2 -181. - Membership and organization. (a) All members of the Cable Communications Commission shall serve for three -year terms or until their successors are appointed and qualified. Terms shall expire July 27 each year. (b) Immediately upon organization of the Cable Communications Commission, the commission shall select from its membership a chairperson and vice - chairperson whose terms shall be one (1) year. Such chairperson and vice - chairperson may be reappointed and re- elected. The commission shall meet in regular monthly meetings, to include four (4) evening meetings, at the call of the chairperson, and at such other times as may be provided by its rules. The majority of members shall constitute a quorum, provided that the majority vote of such quorum shall be necessary for the adoption or approval of any matters before the commission. All meetings of the Cable Communications Commission shall be public except for matters which qualify for a closed session in accordance with state law. The minutes of said Cable Communications Commission shall be available for examination in the office of the City Secretary during regular business hours. The members of the commission shall serve without compensation. (Ord, No. 026632, § 1, 1 -31 -2006) Sec. 2 -182. - Duties. The Cable Communications Commission shall have the following powers and duties: (1) To advise the City Council on adherence to the provisions of any franchise agreement approved by the City Council and recommend regulate -„ot inconsistent with the terms of such franchise. 13 (2) LU To encourage, develop and promote the use of access channels to cable communications and to assure that access channels offer a diversity of programming and services to subscribers. (3) Q To work with access user groups to develop rules and regulations which are not in conflict with the terms of the franchise agreement. {4} LQ To develop sources of funding, including but not limited to private foundation or federal or state grants to further community programming. (5) To conduct evaluations of the cable system and to review and audit reports submitted to the city by a franchisee. (6) (4) Report annually to the City Council in writing giving a comprehensive and current view of the cable communications in the city and recommending any appropriate actions including amendments to the ordinance or franchise agreement. (7) To advise the City Council on future applications for franchises. (8) LQTo acquaint itself with technological and service developments in the cable communications industry and determine with the franchisee what system enhancements should be pursued in maximizing benefits to be derived for the community. (9) (6) To certify access user groups, and reporting such certification to the City Secretary. (10) Q To ensure that public access producers comply with the Rules and Procedures for Public Access Cablecasting established in the Master Cable Services Regulatory Ordinance approved by City Council in 2002, as amended. (11) LQ To resolve disputes concerning program content, allocation of access funding, channel space, and channel time. (12) L To coordinate access activities of access users and user groups. (Ord, No. 026632, § 1, 1 -31 -2006) Sec. 2 -183. - Access user groups. (a) One (1) access user group may be established for governmental channel access or educational channel access. Each public access channel, must establish an access user group. All user groups, by application to the Cable Communications Commission and the City Secretary must be certified by the Cable Communications Commission. Upon certification, an access user group shall have the following duties and responsibilities: (1) To follow guidelines, rules and regulations for the use of applicable access channels, subject to approval by the Cable Communications Commission. Public access producers must establish an access user group for each public access channel and follow the Rules and Procedures for Public Access Cablecasting as established in the Master Cable Services Regulatory Ordinance approved by City Council in 2002, as amended. (2) To coordinate allocation of channel time and channel space for programming produced by users. (3) To coordinate training of individual access users in television production methods and techniques. 14 (4) To report to the Cable Communications Commission on the utilization of access channel space and access channel programming. (5) To promote public awareness, use, and viewership of access television programming and actively seek additional membership from among individuals or groups in the access user group's area of interest. (6) To administer guidelines, rules and regulations for use of the appropriate access channels. (7) To review program content to ensure compliance with established laws, rules and regulations. (8) To establish its own bylaws concerning organization and decision making within the access user group. A copy of such bylaws shall be submitted with the access user group's application for certification. Changes to such bylaws shall be filed with the chairman of the Cable Communications Commission and the City Secretary within thirty (30) days after any change occurs. (b) Membership on the access user groups may be composed of any individuals who are residents of Corpus Christi as well as representatives of various community, public interest or neighborhood groups which are located in Corpus Christi. Membership may also include, as appropriate, representatives of: (i) city departments; (ii) governmental entities; (iii) public institutions of higher learning; (iv) public independent school districts; or (v) religious organizations, all as more particularly described in subsection (c). All meetings of access user groups shall be publicly posted on the public notices bulletin board of city hall and filed with the City Secretary. Furthermore, all meetings of access user groups will be open to the public. (c) The access user groups should include, but not be limited to, the following: (1) Governmental access group. Membership may include interested city department heads, or their designated representatives, and representatives of any governmental entity whose boundaries lie within the city limits. (2) Higher educational access group. Membership may include representatives of all public institutions of higher learning conducting classes within the city limits. (3) Other educational access group. Membership may include representatives of all public independent school districts located in whole or in part within the city limits. (4) Reserved. (5) Public access group. Membership may include any individuals who are residents of Corpus Christi as well as representatives of community, public interest, or neighborhood groups which are located in Corpus Christi. Notwithstanding any other provision of this section, representatives of franchised cable operators may be members of the public access group. (d) Access user groups are organized separately and independently from the city and are not boards, commissions, committees or any other subdivision of the city. (Ord, No, 026632, § 1, 1 -31 -2006) Section 4. Providing an effective date of January 1, 2013. 15 Section 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. Section 6. 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor 16 Donna L. Nelson Chairman Kenneth W. Anderson, Jr. Commissioner Rolando Pablos Commissioner Brian H. Lloyd Executive Director Public Utility Commission Rick Perry Governor TO: Time Warner Cable Ron McMillan Legal Division Infrastructure Reliability Division FROM: Andrew Kang Administrative Law Judge RE: Project No. 40462 — Application of Time Warner Cable for or Amendment to a State Issued Certificate of Franchise Authority NOTICE OF APPROVAL This Notice addresses the application of Time Warner Entertainment - Advance/Newhouse Partnership d/b /a Time Warner Cable (the Applicant) filed with the Public Utility Commission of Texas (Commission) on June 5, 2012, to expand its service area footprint to include the municipality of Corpus Christi, Texas. Commission Staff recommended approval of the application. The application is approved. Findin's 1. The application complies with PURA' §§ 66.003 and 66.0042 and P.U.C. SUBST. R. 28.6. 2. The Applicant is entitled to approval of this application, having submitted a sworn affidavit which complies with PURA § 66.003(b). 1 The Public Utility Regulatory Act, TEX. UTU.. CODE ANN. §§ 11.001- 66.016 (Vernon 2007 & Supp. 2011) (PURA). 2 The United States District Court for the Western District of Texas issued a judgment invalidating most of PURA § 66.004. Texas Cable Association v. Hudson, No. A- 05 -CV- 721 -LY (W.D. Tex. May 31, 2012). The remaining enforceable portion of § 66.004 states: Beginning September 1, 2005, a cable service provider or video service provider may elect to terminate that municipal franchise and seek a state - issued certificate of franchise authority by providing written notice to the commission and the affected municipality. The municipal franchise is terminated on the date the commission issues the state - issued certificate of franchise authority. Printed on recycled paper An Equal Opportunity Employer 1701 N. Congress Avenue PO Box 13326 Austin, TX 78711 512/936 -7000 Fax: 512/936 -7003 web site: www.puc.texas.gov Project No. 40462 Notice of Approval Page 2 of 2 3. In its application, Applicant stated its agreement to provide the Commission with a written notice of termination of its SICFA. 4. In its application, the Applicant stated its agreement to provide the Commission a copy of any court order in which its SICFA has been revoked or modified by a court of competent jurisdiction. 5. The Applicant does not seek to terminate an existing cable and/or cable and video franchise agreement with a city. Orderinji Paragraphs 1. The application of Time Warner Cable to amend its SICFA No. 90008 as requested is approved. The Applicant's SICFA is amended to expand its service area footprint to include municipality of Corpus Christi, Texas. 2. The name on SICFA No. 90008 shall remain Time Warner Cable. 3. Pursuant to 47 C.F.R. § 76.952, the Commission may direct certificate holders not to include its name on their monthly billing inserts as the local franchising authority. Because the Commission does not have the same authority to consider and resolve customer complaints, as did municipal franchising authorities, the Commission directs certificate holders not to include its name, address, and telephone number on monthly bills to subscribers. 4. All other motions, requests for entry of specific findings of fact and conclusions of law, any other requests for general relief or specific relief, if not expressly granted herein, are hereby denied. SIGNED AT AUSTIN, TEXAS the day of June 2012. PUBLIC UTILITY COMMISSION OF TEXAS A DREW AD q: \cadm \docket management \telephone \franchise (sicfa) \40xxx \40462- 2amendapp.docx IVE LAW JUDGE z • u) c g.o u) _c - U a) T 11 Li- U N C ID 2 OD P. 0 CM .x N w U a) a) 2 >, L a) U O. a) _c (o -0 N U cz °O . L N N CZ .0 C/) U 'iln) U E cz L N 2 1- U 15 Year term to expire in 2017. c ti � O Q _c 0 -0 5 c6 cz N 0) -+ . -c _c (/) 0 a) 5 6 co ZL' cz _c ▪ x U a)0 2 co . L ca co a) c N N U c6 -= 2 U 0 N co cv U N x c6 -0 I- �> I 2 -0 CO CO CC) CC) 45 s_ a) a) _a 6_L Q U _c O _c L- 0 N 0 o a) - . co a) 7 U ti -Ed CD - w N L O c6 = � 4 co ca > u) ' 0 a Q N Q L p 7 c 1c c 0 '> _p 0 c2 c\i U Q O � 00 N a)� caN N p O 0 • _ocz co ca N N U c6 0 _0 N ▪ L.— cn v U-9 _c .x U 'L N p _c cm c c� U .c ca a) a'§ o N 0 ti • °� 0c._co co li ca 0 0 ca H • 7 Q N 0 E CD 0_ E L Lo > -0 4) c6 o c _o 0 ca _a -0 a) cz (73 c (13 oc co a) N W U co o U 0 Li_ o .0 N • • Existing PEG channels grandfathered. Right of way rights are preserved by the City. PEG channels signals must originate at the City. • • • • c O O cz co o N c L ' E a C/) E o L- o (19 . L c' O a) CO 0 5 CD -0 0,� �C C o � -Co ti: cn cn cn IC CO so co 0 U 0 92 2 < . E 4- co U N O U l▪ a U U O 03) cz cn - o_ T.4, 12 - N -c N •- ti- O = O >I O ti n U Cn 2 cz N •V O U fl CO N N AGENDA MEMORANDUM Future Item for the City Council Meeting of December 11, 2012 Action Item for the City Council Meeting of December 18, 2012 DATE: TO: Ronald L. Olson, City Manager December 11, 2012 FROM: Michael Barrera, Assistant Director of Financial Services mikeb(a�cctexas.com (361) 826 -3169 Floyd Simpson, Chief of Police flovdsCa�cctexas. com (361) 886 -2604 TASERS CAPTION: Motion approving the purchase of fifty -nine (59) TASER brand non - lethal weapons from GT Distributors, Inc., Austin, Texas based on sole source for a total expenditure of $72,034.10. Funds have been budgeted by the Police Department in FY 2012- 2013. PURPOSE: To be used to restrain aggressive individuals encountered by police officers. BACKGROUND AND FINDINGS: TASER International, Inc. is the sole source manufacturer of TASER brand products and GT Distributors, Inc., Austin, Texas is the sole authorized TASER distributor for Texas. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. 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: Police Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $82,470.09 $0 $82,470.09 Encumbered / Expended Amount $10,435.99 $0 $10,435.99 This item $72,034.10 $0 $72,034.10 BALANCE $0 $0 Fund(s): Crime Control Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN ITEM 1 2 3 4 5 DESCRIPTION GT DISTRIBUTORS, INC. TASERS PRICE SHEET QTY. UNIT GT DISTRIBUTORS, INC. AUSTIN, TEXAS UNIT TOTAL PRICE PRICE Taser X26e yellow with black plates XDPM, P/N AT -26524 Taser 4 -year extended warranty, P/N AT -26744 Taser blackhawk serpa holster, P/N AT -44972 Taser X26 extra - penetrating cartridge 25', P/N AT -44203 Taser 15' air cartridge, P/N AT -34200 59 59 59 200 300 each each each each each $812.00 $189.95 $32.95 $24.95 $19.95 TOTAL: $47,908.00 $11,207.05 $1,944.05 $4,990.00 $5,985.00 $72,034.10 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 11, 2012 Action Item for the City Council Meeting of December 18, 2012 DATE: TO: December 11, 2012 Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb(a�cctexas.com (361) 826 -3169 Floyd Simpson, Chief of Police flovdsCa�cctexas. com (361) 886 -2604 Animal Transport Shells CAPTION: Motion approving the purchase of six (6) animal transport shells from Jackson Creek Manufacturing, Inc., Denton, North Carolina based on lowest responsible bid, in accordance with Bid Invitation No. BI- 0030 -13, for a total expenditure of $67,302.30. Funds have been budgeted by the Animal Care Department in FY 2012- 2013. PURPOSE: These units will be mounted on existing pickup truck chassis and used to transport animals. BACKGROUND AND FINDINGS: The units currently in use are deteriorating and have no air conditioning. The replacement units will have air conditioning and are constructed of stronger material. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. 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: Animal Care Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $125,500.00 $0 $125,500.00 Encumbered / Expended Amount $15,769.75 $0 $15,769.75 This item $67,302.30 $0 $67,302.30 BALANCE $42,427.95 $42,427.95 Fund(s): General Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN ITEM 1 DESCRIPTION Aluminum Animal Transport Shells QTY. 6 UNIT each BID TABULATION BID INVITATION NO. BI- 0030 -13 ANIMAL TRANSPORT SHELLS Jackson Creek Manufacturing, Inc. Denton, North Carolina Jones Trailer Co. Woodson, Texas UNIT PRICE $11,217.05 EXTENDED PRICE $67,302.30 TOTAL: $67,302.30 UNIT PRICE $12,017.00 EXTENDED PRICE $72,102.00 $72,102.00 DATE: TO: Ronald L. Olson, City Manager AGENDA MEMORANDUM Future Item for the City Council Meeting of December 11, 2012 Action Item for the City Council Meeting of December 18, 2012 12/11/2012 FROM: Michael Barrera, Assistant Director of Financial Services m ikeb(a�cctexas. cam 361- 826 -3169 Robert Rocha, Fire Chief rrocha(ccctexas. com 361- 826 -3932 Ambulances CAPTION: Motion approving the lease purchase of two (2) ambulances from Knapp, Chevrolet, of Houston, Texas based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC), in the amount of $270,000. The ambulances will be used by the EMS Division of the Fire Department. These units are a replacement to the fleet. Funds for the lease purchase of the ambulances will be provided through the City's lease /financing program. PURPOSE: The ambulances will be used by the EMS Division of the Fire Department for emergency medical response services. BACKGROUND AND FINDINGS: Currently, the City operates nine frontline ambulances and five reserve units. These new units will replace two existing frontline ambulances which will be placed in reserve status. The units being replaced are a 2003 Freightliner Ambulance with 204,672 miles and a 2005 Ford F- 650 with 113,802 miles. Replaced units will be disposed of through standard disposal of surplus property procedures, including live auctions and /or electronic auctions. ALTERNATIVES: Not Applicable. OTHER CONSIDERATIONS: The ambulances will be funded for a sixty -month period with an estimated interest rate of 2.75 %. The actual interest rate will be determined after acceptance of the ambulances. The estimated annual payment is $57,787.68. Total estimated cost over the sixty -month period, including principal of $270,000 and interest of $18,938.40, is $288,938.40. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON-EMERGENCY: Non - Emergency. DEPARTMENTAL CLEARANCES: Fire Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $230,997.00 $269,675.84 $500,672.84 Encumbered / Expended Amount $20,997.90 $20,997.90 This item $19,262.56 $269,675.84 $288,938.40 BALANCE $190,736.54 $190,736.54 Fund(s): Fire Department Comments: The $19,262.56 financial impact shown above represents four months of payments that will be encumbered through the end of this fiscal year. The remaining $269,675.84 for the fifty six months of payments will be requested in future years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet. HGAC CONTRACT NO. AM10 -12 PRICE SHEET LEASE PURCHASE OF AMBULANCES CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: GABRIEL MALDONADO COUNCIL DATE: DECEMBER 11, 2012 KNAPP CHEVROLET HOUSTON, TX Description Qty. Unit Unit Extended Price Price 2012 Frazer Type I, Ambulance, C3500 6.0 liter gas engine with air suspension package. TOTAL: 2 each $ 135,000.00 $270,000.00 $270,000.00 DATE: TO: Ronald L. Olson, City Manager AGENDA MEMORANDUM Future Item for the City Council Meeting of December 11, 2012 Action Item for the City Council Meeting of December 18, 2012 12/11/2012 FROM: Michael Barrera, Assistant Director of Financial Services m ikeb(c�cctexas. com 361- 826 -3169 Lawrence Mikolajczyk, Director of Solid Waste Operations lawm(a�cctexas.com 361- 826 -3932 Curbside Refuse Containers CAPTION: Motion approving the lease purchase of 6,500 96- gallon curbside refuse containers from Toter Incorporated, Statesville, NC for the total amount of $307,420. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H- GAC). The containers will be used in the City's automated collection program. Funds for the lease purchase of the curbside collection containers will be provided through the City's lease /purchase financing program. PURPOSE: These containers will be used in the City's automated collection program. BACKGROUND AND FINDINGS: These containers will be distributed to residents in new start -up homes, residents requesting additional containers and replacement units. The entire City is currently on the automated collection program. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The containers will be funded for a sixty -month period with an estimated interest rate of 2.75 %. The actual interest rate will be determined after the acceptance of the containers. The estimated annual payment for the Solid Waste Department is $65,878.20. Total estimated cost over the sixty -month period, including principal of $307,420 and interest of $21,971, is $329,391. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON-EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,482,793.11 $296,451.90 $2,779,245.01 Encumbered / Expended Amount 181,304.83 0.00 181,304.83 This item 32,939.10 296,451.90 $329,391.00 BALANCE $2,268,549.18 0.00 $2,268,549.18 Fund(s): General Fund Comments: The $32,939.10 financial impact shown above represents six months of payments that will be encumbered through the end of this fiscal year. The remaining $296,451.90 for the last fifty -four (54) months of the lease- purchase payments will be requested for future fiscal years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet. CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: ELISA COVINGTON COUNCIL DATE: DECEMBER 11, 2012 PRICE SHEET HGAC CONTRACT # GC01 -11 CURBSIDE REFUSE CONTAINERS Toter Incorporated Statesville, NC Item Description Qty. Unit Unit Extended Price Price 1 6,500 96- gallon curbside refuse containers TOTAL: 1 Lot $ 307,420.00 $ 307,420.00 $ 307,420.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 11, 2012 Action Item for the City Council Meeting of December 18, 2012 DATE: TO: November 20, 2012 Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb(a�cctexas.com (361) 826 -3169 Gustavo Gonzalez, Director of Water Operations q ustavogoa_cctexas. com (361) 826 -1874 Donna Rosson, Public Health Administrator donnar(a�cctexas. com (361) 826 -1323 Colilert CAPTION: Motion approving a supply agreement with IDEXX Distribution, Inc., Westbrook, Maine for the laboratory testing reagent "Colilert" based on only bid, in accordance with Bid Invitation No. BI- 0174-12, for an estimated annual expenditure of $94,140.00, of which $62,760.00 is required for the remainder of FY 2012 -2013. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve -month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Health Department and Water Department in FY 2012- 2013. PURPOSE: Colilert is used by the Health and Water Departments to test water for bacteria. Colilert is the only test reagent approved by the Texas Commission on Environmental Quality (TCEQ) for this type of testing. IDEXX Distribution, Inc. is the manufacturer and sole distributor of Colilert. BACKGROUND AND FINDINGS: This testing is required by the Environmental Protection Agency (EPA) and administered by the Texas Commission on Environmental Quality (TCEQ). The Water Department tests the water for the City of Corpus Christi. The Health Department is a regional testing lab and tests the water for various cities in the surrounding area. The Health Department charges for the service and the fees are reimbursed to the City. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. 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: Water Department, Health Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $279,556.11 $31,380.00 $310,936.11 Encumbered / Expended Amount $42,389.92 0 $42,389.92 This item $62,760.00 $31,380.00 $94,140.00 BALANCE $174,406.19 $174,406.19 Fund(s): Water Fund, Nueces County Health District Fund Comments: The $62,760 financial impact shown above represents eight months of expenditures that will be encumbered through the end of this fiscal year. The remaining $31,380 for the last four months of the contract will be requested for next fiscal year during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet CITY OF CORPUS CHRISTI BID INVITATION NO. BI- 0174 -12 PURCHASING DIVISION COLILERT BUYER: GERALD GOODWIN PRICE SHEET ITEM 1 2 3 4 5 6 7 DESCRIPTION QTY. UNIT IDEXX DISTRIBUTION, INC. WESTBROOK, MAINE UNIT TOTAL PRICE PRICE Colilert, P/N WP2001, 200 packs /case Colilert 18, P/N WP2001 -18, 200 packs /case Colilert Vessels, P/N WV120SBST -200, 200 each /case Enterolert, P/N WENT200, 200 packs /case Quanti -Tray, P/N WQT100, 100 trays /case Quanti- Tray /2000, P/N WQT2K, 100 trays /case Colilert Comparator, P/N WP104, 1 bottle /box 15 58 160 54 12 100 4 case case case case case case box $500.00 $500.00 $22.50 $700.00 $100.00 $150.00 $10.00 TOTAL: $7,500.00 $29,000.00 $3,600.00 $37,800.00 $1,200.00 $15,000.00 $40.00 $94,140.00 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his /her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: December 18, 2012 Agenda Item: Motion approving a supply agreement with IDEXX Distribution, Inc., Westbrook, Maine for the laboratory testing reagent "Colilert" based on sole source for an estimated annual expenditure of $94,140.00, of which $62,760.00 is required for the remainder of FY 2012 -2013. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve -month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Health Department and Water Department in FY 2012- 2013. Amount Required: $62,760.00 Fund Name Fund No. Org. No. Account No. Project No. Amount Nueces County Health District 9100 00000 530000 762631 $31,380.00 Water Fund 4010 31700 520030 $31,380.00 Total $62,760.00 n Certification Not Required Director of Financial Services Date: AGENDA MEMORANDUM Future Item for the City Council Meeting of December 11, 2012 Action Item for the City Council Meeting of December 18, 2012 DATE: TO: November 9, 2012 Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826 -3729 Foster Crowell, Director of Wastewater Services FosterC @cctexas.com (361) 826 -1801 Approval of Contract for Professional Services: Greenwood Wastewater Treatment Plant Flare Permitting CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the Contract for Professional Services with Naismith Engineering, Inc. of Corpus Christi, Texas in the amount of $11,250.00, for a total restated fee not to exceed $57,700.00, for the Greenwood Wastewater Treatment Plant Flare Permitting. PURPOSE: The purpose of this Agenda Item is to execute the amended contract for the Greenwood Wastewater Treatment Plant Flare Permitting so professional services may continue. BACKGROUND AND FINDINGS: Naismith Engineering, Inc. began work with a small Architect /Engineer Agreement to determine flare permitting requirements. During the assessment it was determined that additional field testing is necessary to properly characterize potential air emission constituents. In order to obtain an air permit, characterization of the potential air emissions from the digester needs to be established. To properly characterize the potential air emissions, samples of the digester gas leading to the flare needs to be collected along with flow rates and volumes from each digester. Currently, there are no flow meters or sample ports located in the piping leading from the digester to the flare. Naismith Engineering, Inc. will provide design drawings, specifications, and contract documents to allow the installation of flow meters and sample ports to properly characterize the potential air emissions from the digester. The result of their effort will be used in the application for an air permit with the Texas Commission on Environmental Quality. ALTERNATIVES: 1. Award the contract to Naismith Engineering, Inc. as proposed. 2. Do not award the contract to Naismith Engineering, Inc. as proposed. (Not Recommended) OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Conforms to statues regarding FY 2012 -2013 Wastewater Operating Budget EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Wastewater FINANCIAL IMPACT: Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $100,940.00 $100,940.00 Encumbered / Expended Amount $46,450.00 $46,450.00 This item $11,250.00 $11,250.00 Future Anticipated Expenditures $43,240.00 $43,240.00 BALANCE $0.00 $0.00 Fund(s): Wastewater Operating RECOMMENDATION: City staff recommends the Contract for Professional Services be awarded to Naismith Engineering, Inc. of Corpus Christi, Texas in the amount of $11,250.00, for a total restated fee not to exceed $57,700.00, for the Greenwood Wastewater Treatment Plant Flare Permitting. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PROJECT BUDGET ESTIMATE GREENWOOD WASTEWATER TREATMENT PLANT FLARE PERMITTING FUNDS AVAILABLE: Wastewater Operating $100,940.00 FUNDS REQUIRED: Construction (preliminary estimate) 36,800.00 Contingency (10 %) 3,680.00 Consultant Fees: Consultant (Naismith Engineering, Inc.) 57,700.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 828.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 1,288.00 Finance 460.00 Misc. (Printing, Advertising, etc.) 184.00 TOTAL $100,940.00 ESTIMATED PROJECT BUDGET BALANCE $0.00 File : \ Mproject \councilexhibits \exhE10173.dwg JV'L(LCTS B.51y HT- DDT CC HWM 44 AGNES CORPUS CHRISTI INTERNATIONAL AIRPORT CORPUS CHRISTI Bey McGLOIN RD L � W POINT PROJECT LOCATION co 0 Rq LOCATION MAP NOT TO SCALE CALF SAN FELIPE FR�Os /7/0:( N PROJECT SITE PROJECT # E10173 SITE PLAN NOT TO SCALE GREENWOOD WASTEWATER TREATMENT PLANT FLARE PERMITTING CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "CITY", and Naismith Engineering, Inc., hereinafter called "CONSULTANT," agree to the following amendment to the Contract for Professional Services for Greenwood Wastewater Treatment Plant Flare Permitting (Project No E10173), as authorized and amended by: Original NE Agreement September 12, 2011 Administrative Approval $ 46,450.00 Exhibit "A", SECTION 1. SCOPE OF SERVICES shall be amended to include the following and as specified in the attached Amendment No. 1 Exhibit "A". Basic Services: 1. The Consultant will provide design drawings, specifications, and contract documents to allow the City to utilize a small construction contract for the installation of equipment necessary for the characterization of the vent gas stream. 2. The Consultant will provide standard construction engineering services, including review of shop drawings, coordination with the contractor, review of progress payments, periodic site visits, and problem resolution meetings. 3. The Consultant will provide construction oversight for this project. This will include part-time construction consisting of four (4) hour site visits for the duration of the construction. This will also include daily reports and photographs of the construction progress. EXHIBIT "A", SECTION 3, PART B. SUMMARY OF FEES shall be modified and is attached as Amendment No 1 Exhibit "A" for a revised fee not to exceed ,$11,250.00 (Eleven Thousand Two Hundred Fifty Dollars and Zero Cents), for a total restated fee not to exceed $57,700.00 (Fifty Seven Thousand Seven Hundred Dollars and Zero Centsl. Monthly invoices shall be submitted in accordance with Exhibit "B". All other terms and conditions of September 12, 2011 contract between the City and Consultant will remain in full force and effect. CITY OF CORPUS CHRISTI Oscar R. Martinez, Date Assistant City Manager RECOMMENDED Daniel Biles, P.E., Director of Engineering Services 0/2.21/ Date Operating Department NAISMIT EN INE ING, Gran . Jac, son, bate Vice " resident 4501 Gollihar Road Corpus Christi, Texas 78411 (361) 814-9900 Office (361) 814-4401 Fax AMEND. NO. 1 Pa a e 1 of 2 KIENGINEERING DATAEXCHANGEVJENNIFERSWASTEWATERSE10173 GREENWOOD WWTP FLARE PERMITTING1CONTRACT,DOCX APPROVED AS TO FORM Office of Management and Budget Date Legal Department Date ATTEST Armando Chapa, City Secretary Project Number: E10173 Fund Source: 530000-4200-33000-E10173 Wastewater Operating Encumbrance Number: ENTERED OCT • 7 2012 CONTRAG mANALIER ICENGINEERING DATAEXCHANGEIJENNIFERMASTEWATERSE10173 GREENWOOD FLARE PERNIITTING1C0 RACT.DOCX AMEND. NO. 1 Page 2 of 2 September 25, 2012 NaisnuthEngineering Inc ARCHITECTURES ENGINEERING a ENVIRONMENTAL a SURVEYING ESTABUSHED 1949 TX Registration No. F-000355 OVER 60 YEARS OF ENGINEERING EXCELLENCE Mr. Bill Gre , P.E. Engineerin. Services Department City of C rpus Christi P.O. B. 9277 Corp Christi, Texas 78469-9277 Re: Contract Amendment One-Greenwood Wastewater Treatment Plant-Flare Permitting Dear Mr, Green: We have reviewed our contract for the referenced project regarding obtaining an air permit for the digester gas flare currently in place at the Greenwood Wastewater Treatment Plant. In order to obtain an air permit, characterization of the potential air emissions from the digesters needs to be established. To properly characterize the potential air emissions, samples of the digester gas leading to the flare needs to be collected along with flow rates and volumes from each digester. Currently, there are no flow meters or sample ports located in the piping leading from the digesters to the flare. As included in this request, Naismith Engineering, Inc. (NEI) will provide design drawings, specifications and contract documents to allow the City to utilize a small construction contract to install flow meters and sample ports to properly characterize the potential air emissions from the digesters at the Greenwood Wastewater Treatment Plant. The following list of items is necessary to accomplish this task: Item 1 -- Two Step City Review Due to the nature of this project, NEI is proposing to conduct City review in two steps. Following the hydro location of the piping and utilities, NEI will provide a one-page layout drawing, with proposed equipment locations and a small contract work scope description. Following the acceptance of this preliminary layout, NEI will prepare and deliver 100% plans and specifications to the City, along with an opinion of probable cost. Upon the acceptance of the 100% contract set, NEI will provide the City with final drawings in standard City format. Item 2-Construction EngineerinE Services NEI will provide standard construction engineering services, including review of shop drawings, coordination with the contractor, review of progress payments, periodic site visits, and problem resolution meetings. 4501 Goliihar Road. Corpus Christ, TX 78411 800-677-2831 361-814-9900 Fax 361-814 1101 • naisry erewtnearsoirg AMEND. NO. 1 EXHIBIT "A" Page 1 of 3 Mr. Bill Green, P.E. City of Corpus Christi-Engineering Services September 25, 2012 Page 2 of 2 Item 3-Construction Observation NEI will provide construction oversight for this project. This will include part-time construction consisting of four (4) hour site visits for the duration of the construction. This will also include daily reports and photographs of the construction progress. Based on the details for Contract Amendment One, the increase would be $11,250.00 for the Basic Services mentioned above for a total restated fee of $57,700.00. The executed copies of the applicable City standard forms have been included. We have not included a Disclosure of interest form, since we have several on file for this calendar year, and the disclosure certifications previously submitted remain valid. We appreciate the opportunity to submit this contract amendment request and look forward to completing this project for the City of Corpus Christi. Please contact us if you have any questions or need any additional information. Sincerely, Naismith Engineering, Inc. (TBPE Firm No. F-355) Grant A. Jackson Vice President Z:18709-Greewnood_Flare ost Pronosa1Amendincrii No. 11Amen ent One qu t-20 NaismithEngineeringjnc ARCHITeCTURE a ENGINEERING a ENVIRONMENTAL a SURVEYING AMEND. NO. 1 EXHIBIT "A" Pa .0 2 of 3 GREENWOOD WASTEWATER TREATMENT PLANT FLARE PERMITTING PROJECT NO. E10173 SUMMARY OF FEES Admin Approval II M2012- AMEND. NO. 1 EXHIBIT "A" Pa•e3of3 ORIGINAL CONTRACT AMEND. NO.1 TOTAL BASIC SERVICES 1 Preliminary Phase $0.00 $2,812.50 $2,812.50 2 Design Phase 0.00 5,625.00 5,625.00 3 Bid Phase 0.00 562.50 562.50 4 Construction Phase 0.00 2,250.00 2,250.00 Subtotal Basic Services 0.00 11,250.00 11,250.00 ADDITIONAL SERVICES la Permit Preparation (Permit by Rule -RBR) 23,450.00 0.00 23,450.00 1b Air Permitting (New Source Review -NSR) 23,000.00 0.00 23,000.00 2 ROW Acquisition Survey 0.00 0.00 0.00 3 Topographic Survey 0.00 0.00 0.00 4 Subsurface Utility Exploration 0.00 0.00 0.00 5 Environmental Issues (TBD) 0.00 0.00 0.00 6 Construction Observation Services 0.00 0.00 0.00 7 Start-up Services 0.00 0.00 0.00 8 Warranty Phase 0.00 0.00 0.00 Subtotal Additional Services 46,450.00 0.00 46,450.00 TOTAL FEE $46,450.00 $11,250.00 $57,700.00 Admin Approval II M2012- AMEND. NO. 1 EXHIBIT "A" Pa•e3of3 W O a O E V > O 0 W +-' U 14 1— Tr 1— O 0 .- c4 V N O G G O a zz 0 z° d._ 11- a >> E J o = c a a°'- 2 V z ._ E a v 2 a.+ 0 Basic Services: 0 0 r I %08 O% O% 0 0 0 N° 0 0 O O %I 0 se 0 e. ._ 0-) O 0 ■ 23 %) 00 00 O O 0 CO 00 0 000'£$ 00516$ O9Z'6$ 166`Z6$ LL8`Z$ OZI•'Z$ 000`8$ 1 0 6 L° r to ER 0 O n- 0 ° L° ° CO CO °E- n 0 ER 00 0 CO 0 0 o r ER ER 0 0 0 0 0 CO 0 O O 1� IA ti N 40 B$ Z$ 1 1 ER 40 4 E ° L0 0 N 0 N 0 co_ N N- 0 ° ° 0 ex T3 0 64 O m 0 r r r O r 0 O. 0 0 0 Lo 0 �n CO CO 0 0 0 0 r N N N O E} 69 ER- Construction Phase Subtotal Basic Services Additional Services: 0 & M Manuals Subtotal Additional Services Additional Services Fees Total of Fees AMEND. NO. 1 EXHIBIT "B" Page 1 of 1 SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City rus Christi CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112 as amended, requires all persons or firms seeking to do business with the City to provide the following Information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: NAISMITH ENGINEERING, INC. P. O. BOX: STREET ADDRESS: 4501 Gollihar Road CITY: Corpus Christi ZIP: 78411 FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessat7, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' N/A ame Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." N/A ame Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION certify that all information provided is true and correct as of the date of this statement, that l 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: John A. Michael Title: Vice President r) pe or Hon Signature of Certifying Person: DEFINITIONS a. "Board member." A member of any board, commission. or committee appointed by the City Council of the City of Corpus Christi, Texas. Date: b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members or 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. bin not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial. and whether established to produce or deal with a product or service, including but not limited to. entities operated in the form of sole proprietorship, as self- employed person. partnership. corporation, john stock company, joint venture, receivership or trust. and entities which for purposes of taxation are treated as non -profit organi;onions. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm. including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. AGENDA MEMORANDUM Future Item for the City Council Meeting of December 11, 2012 Action Item for the City Council Meeting of December 18, 2012 DATE: TO: Ronald L. Olson, City Manager November 16, 2012 FROM: Connie Burns, Assistant Director of Municipal Information Services ConnieB @cctexas.com 361- 826 -3830 Update existing Laserfiche licenses to Rio Enterprise licensing CAPTION: Motion authorizing the City Manager, or designee, to execute a contract with MCCI of Tallahassee, Florida for an expenditure of $99,817.92 to update existing Laserfiche licenses to an enterprise solution. PURPOSE: Approval of this contract would update our existing Laserfiche licensing to an enterprise solution enabling the City to run Laserfiche city -wide with unlimited application servers and repositories. BACKGROUND AND FINDINGS: Updating our existing licensing will establish Laserfiche Rio as the city -wide solution that all city departments will be able to use. This will include workflow and records management functionality that will enhance the business processes of city departments. Every department has a need for imaging. Departments struggle to get control of the records they are responsible for maintaining. Laserfiche allows them to have immediate access to their records and frees up valuable physical storage space. Other savings that will be realized are paper cost, cost of folders and labels, and filing cabinets. The City has been utilizing Laserfiche in the City Secretary's office since the late 1990's to electronically store and retrieve documents. Other departments that have followed the City Secretary's example are: Water, Wastewater, Stormwater, Neighborhood Services, Human Resources, Streets and Payroll. ALTERNATIVES: Continue on the Laserfiche United licensing that does not include unlimited application servers and repositories, nor does it include workflow, records management, and many other features that will enhance the business processes of city departments. OTHER CONSIDERATIONS: Moving to enterprise licensing allows us to bring on any city departments that are wanting to digitize their records, as well as, move Municipal Court and Police Department off Visiflow which is end of life. CONFORMITY TO CITY POLICY: This purchase conforms to City purchasing policies and procedures and state statutes regulating procurement. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Not Applicable FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 99,817.92 40,737.74 140,555.66 Encumbered / Expended Amount This item 99,817.92 40,737.74 140,555.66 BALANCE 0 0 0 Fund(s): Municipal Information Services Comments: MCCI Contract# DIR -SDD -980 This Item" — The current year pricing of $99,817.92 includes the first year maintenance amount. $40,737.74 is the annual maintenance amount for future years. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Professional Services Agreement Exibit A — MCCI Proposal 1 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ( "Agreement ") is entered into by and between the City of Corpus Christi, a municipal corporation ( "City "), and MCC Innovations, ( "Consultant ") effective for all purposes upon execution by the City Manager or City Manager's designee. I. SERVICES TO BE PERFORMED. The Consultant agrees to provide professional services to the City of Corpus Christi as described in attached proposal, attached as Exhibit A. The parties agree performance of the work shall commence upon authorization to proceed by the City Contract Administrator. The Director of Municipal Information Systems is designated as the City Contract Administrator responsible for all phases of performance and operations under this Agreement, including authorizations for payment. All notices or communications regarding this Agreement shall be directed to the Contract Administrator. II. FEE FOR SERVICES AND MILESTONE PAYMENTS. Total cost for all services provided by Consultant and all expenses incurred by Consultant under this Agreement for the first year of this Agreement shall not exceed $99,817.92 based upon fees as set forth in Exhibit A unless authorized by written amendment to this Agreement. Contract Administrator and Consultant shall identify mutually agreed upon project milestones at which time payments shall be due. Payment shall be made within 30 days from receipt of invoice after Contract Administrator's acceptance of Consultant's successful completion of each project milestone. Fees for additional year of services are described as follows: $40,737.74 for annual maintenance. III. EFFECTIVE DATE, TERM, TERMINATION, HIERARCHY OF DOCUMENTS A. This agreement takes effect upon execution by the City Manager or his designee ( "Effective Date "). B. The term of this agreement is one year from the Effective date unless sooner terminated in accordance with Subsection C below. This agreement may be extended for up to 3 additional one year terms upon the written approval of the Contract Administrator, at the same terms and conditions. C. The City may, at any time, with or without cause, terminate this Agreement upon sixty (60) days written notice to the Consultant. Upon termination of this Agreement, all finished or unfinished documents, data, studies, or reports prepared or stored by the Consultant for the City, at the option of the City, will be delivered to the City. D. In the event of any conflicting terms between this Agreement and Consultant's Proposal, the terms in this Agreement control. IV. APPROPRIATION OF FUNDS. All parties recognize that the continuation of any contract after the close of any fiscal year of City, which fiscal year ends on July 31 of each year, shall be subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. City does not represent that the budget item will be actually adopted, said determination being within the sole discretion of the City Council at the time of adoption of such budget. V. ASSIGNABILITY. Neither party may assign, transfer, or delegate any of his obligations or duties in this Contract to any other person without the prior written consent of the other party. 2 VI. INDEPENDENT CONTRACTOR. Consultant shall perform all services as an independent contractor and shall furnish such services in its own manner and method, and under no circumstances or conditions shall an agent, servant, or employee of the Consultant be considered an employee of the City. VII. SUBCONTRACTORS. Consultant may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Consultant must obtain prior written approval from the City Contract Administrator. In using subcontractors, Consultant agrees to be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Consultant. All requirements set forth as part of this Agreement shall be applicable to all subcontractors and their employees to the same extent as if the Consultant and its employees had performed the services. Any subcontractor utilized by Consultant shall be responsibility of Consultant to indemnify as described in Section X below and insure at same levels as required in attached insurance exhibit. VIII. VENUE AND APPLICABLE LAW. Consultant shall comply with all applicable Federal, State and local laws. The applicable law for any legal disputes arising out of this Agreement shall be the law of Texas and such forum and venue for such disputes shall be the appropriate district, county, or justice court in and for Nueces County, Texas. IX. WAIVER. No waiver of any breach of any term, or condition of this Agreement, shall be construed to waive any subsequent breach of the same. X. INDEMNIFICATION. Subject to Consultant's limit of liability being set at one million dollars, Consultant agrees to indemnify and hold City, its officers, employees or agents ( "Indemnitees ") harmless of, from, and against all claims, lawsuits, demands, actions, damages, losses, costs, liabilities, and expenses, including court costs and attorney fees, for or on account of any injury or damage to person or property to the extent any such damage or injury may be incident to, arise out of, or be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the performance of this Agreement; an act or omission, negligence or misconduct on the part of Consultant, or any of its agents, servants, contractors, subcontractors, or employees in performance of this Agreement. Subject to Consultant's limit of liability being set at one million dollars, Consultant agrees to indemnify and save harmless City, its agents, servants, and employees, ( "Indemnitees "), from any and all liabilities, losses, damages, or expenses, including court costs and attorney fees, resulting from the negligence or acts or omissions of Consultant, its employees, officers, agents, contractors, or subcontractors while in 3 performance of this Agreement. XI. INSURANCE. Consultant agrees to provide insurance in accordance with the attached exhibit B. XII. AMENDMENTS OR MODIFICATIONS. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. XIII. NOTICES. Notices provided shall be in writing and mailed via first class US Mail, or overnight mail delivery service, addressed as follows: On behalf of the City: City of Corpus Christi Attn: Director of Municipal Information Systems P.O. Box 9277 Corpus Christi, TX 78469 -9277 On behalf of the Consultant: MCC Innovations Attn: Donny Barstow President PO Box 2235 Tallahassee, FL 32316 XIV. DISCLOSURE OF INTERESTS. Consultant shall complete the attached Disclosure of Interest form. XV. CAPTIONS. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. CITY OF CORPUS CHRISTI Ronald L. Olson Date City Manager APPROVED THIS DAY OF , 2012 By: Assistant City Attorney For City Attorney 4 CONSULTANT: MCC Innovations By: Name: Donny Barstow Title: President Date: 11/16/2012 Exhibit A {insert copy of Consultant's proposal} 5 6 EXHIBIT B INSURANCE REQUIREMENTS I. MCC Innovations ( "MCCI ") LIABILITY INSURANCE A. MCCI must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. MCCI must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. MCCI must furnish 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 waiver of subrogation is required for the General Liability and Workers Compensation policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation required by policy endorsements for all coverages Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury — Advertising Injury $1,000,000 COMBINED SINGLE LIMIT — $2,000,000 Aggregate AUTOMOBILE LIABILITY including: 1. Owned Vehicles 2. Hired & non -Owned vehicles $1,000,000 COMBINED SINGLE LIMIT Electronic Errors and Omissions $1,000,000 Bailee's Customers Goods Coverage $200,000 WORKERS' COMPENSATION EMPLOYERS' LIABILITY Applicable while on City property WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND SECTION 110F THIS EXHIBIT 500,000/500,000 /500,000 7 C. In the event of accidents of any kind, the MCCI must furnish the Risk Manager with copies of all reports of such accidents related to this agreement within ten (10) days of accident. 11. ADDITIONAL REQUIREMENTS A. MCCI 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. If coverage not written in accordance with Texas law, All Other States (AOS) endorsement must be indicated on the certificate of insurance. B. MCCI's financial integrity is of interest to the City; therefore, subject to MCCIs right to maintain reasonable deductibles in such amounts as are approved by the City, MCCI shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at MCCI's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). MCCI shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. MCCI shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 826 -4555- Fax # D. MCCI agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 8 • 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 policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, MCCI shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend MCCI'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. F In addition to any other remedies the City may have upon MCCI'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 MCCI to stop work hereunder, and /or withhold any payment(s) which become due to MCCI hereunder until MCCI demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which MCCI may be held responsible for payments of damages to persons or property resulting from MCCI's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that MCCI'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. 9 CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for definitions. COMPANY NAME : MCC Innovations P. O. BOX: 2235 STREET: n/a CITY: Tallahassee ZIP: 32316 FIRM IS: 1. Corporation ( x ) 2. Partnership ( ) 3. Sole Owner ( ) 4. Association ( ) 5. Other ( ) DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A N/A 3. State the names of each "board member" of the City o orpus constituting 3% or more of the ownership in the above named "firm." Name Board, Commission, or Committee N/A nsti avmg an owners ip interest' 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Donny Barstow Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Donny Barstow (Type Signature of Certifying Person: Title: President Date: 11/16/2012 10 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. d. "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. e. "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 hd d ❑ refers to holdings or control establ i shed through voting trusts, proxies, or special terms of venture or partnership agreements. ❑ f. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Exhibit A Laserfiche Laserfiche is a unified solution that manages all your organization's documents and records, regardless of location or media. Please keep in mind some of the features of Laserfiche: User Friendly- Laserfiche is very easy to learn, navigate and use. Users will see Laserfiche has a folder tree structure similar to Windows Explorer for easy viewing and use. This familiarity will give your staff the confidence to begin scanning and retrieving documents almost immediately after installation making an Enterprise rollout easier on your resources. lr Comprehensive Security- Laserfiche Comprehensive Security allows you to control the security of your documents on many levels. You determine what functions, such as scanning and printing, each staff member may use. Security features are easy to administer and with proper right records managers can administer most security functions without IT staff assistance. -tr. Intelligent Search- Laserfiche lets you search your documents based upon full -text search, index search, and document and folder name searches. The Laserfiche full -text search unlocks the contents of your documents; if you need to find a word or phrase within a document, the full -text search retrieves it immediately. An easy Google -style toolbar is available for searching as well. Integration- Laserfiche is the central repository for records in your organization and allows for you to integrate other main line of business solutions easily. Whether you are looking for a way to integrate with a departmental solution, ERP solution, Microsoft product, etc. Laserfiche has options available. Laserfiche Microsoft integrations include the ability to archive Office & Outlook documents directly into Laserfiche as well as integration with Microsoft Share Point. Business Process Automation - Laserfiche allows users to capture information instantly and automate business processes instead of the traditional methods of using an imaging solution as an archival tool. Users are finding efficiencies by reducing the time processes take and giving users access to information instantaneously through the implementation of Laserfiche Workflow, resulting in cost savings for the organization. `if Mobility & Web Tools- Mobile devices are being used more and more in organizations for day to day operations. Laserfiche has options available to ensure you can access Laserfiche from these devices and perform related actions quickly on the go. There are also options for giving your outside citizens /customers access to records through the web to promote transparency and decrease records requests. 1 Rio Features MCCi is recommending the Rio platform for your organization. Rio includes: Named user tiered pricing with volume discounts. Each user comes bundled with: Workflow for Business Process Automation Web Access, which includes a thin client option for users, Web Access Light for mobile devices & tablets, iPhone & iPad apps, and SharePoint integration. Snapshot for archiving electronic records & Email Plug -in for emailing records directly from Laserfiche Advanced Audit Trail for monitoring, recording, and reporting on system activity. Digital Signature capabilities Unlimited Servers and Repositories to support back -ups, failover clustering, and testing environments. Rio License Manager for easy creation of licenses for testing, development and production systems. `r Web -based Administrative Console allowing you to administer the system from anywhere. Options for Records Management, Batch Processing tools, Integrations, and Web Portals. MCCi Advantage MCCi is a leading Laserfiche provider focusing on customer service in every aspect of your project. As a client you will receive access to our highly trained staff & support services, including: ir Dedicated Project Management- Our Project Managers are highly trained in the areas of implementation, Workflow processes, integrations, and more to help your organization implement a well thought out Enterprise system based on your organization's needs. They are Laserfiche gold certified and also hold other professional certifications to maintain a high knowledge level of our client's business processes. if Dedicated Support — Once your project is complete, you will have access to our support staff for trouble shooting & supporting your Laserfiche system. Our staff can be easily reached through email, phone or our online support center. "if" Sales & Account Management team — You will have a dedicated team of an Account Executive and Account Manager that you can directly contact. They will also proactively contact you to ensure satisfaction, provide additional information on your products, and conduct web & regional events on continuing education topics. Y Training Services- Before, during, and after your project, we focus on ensuring the users are trained on the software and stay up to date on the features available. In addition to our Training Services, we offer a yearly subscription to our Online Training Center for Laserfiche to help protect your Laserfiche investment. This allows all types of users, regardless of their role, to access videos on popular topics. This information is updated monthly and will be a continued resource for your organization. `9'. Back File Scanning & Conversion Experience- in the event you need to address a back file scanning project or have older data from legacy systems to convert, we have experience in addressing these and integrating them into your Laserfiche system. We have converted over 30 different applications and migrated the data to Laserfiche for other clients. 2 WiCCI ExperenceExceltenro STATEMENT OF WORK Product Description: Qty. Cost EXISTING LASERFICHE SOFTWARE SYSTEM CONFIGURATION [� United Standard Server Software *requires MS SQL Q LF Full User Q LF Retrieval User Q Snapshot Plug In Q LF Plus Plug In Software *per station • LF Scanconnect *required for each scanner purchased /utilized Q LF Scanconnect 5 -pack Q LF Scanconnect 10 -pack Q Weblink Q Quick Fields Q Zone OCR and Validation Package Includes Zone OCR and Pattern Matching [� Real Time Look Up and Validation Package Includes Real Time Look Up and Pattern Matching IZI Integrator's Toolkit Existing Software Credit Total ECM SOFTWARE LICENSING FOR RIO Q Rio Pilot - Records Management 50 -99 Users Includes Unlimited Laserfiche Servers, Records Management Edition, Workflow, WebAccess (including the SharePoint integration web parts and WebAccess Light), Advanced Audit Trail, Snapshot, and Email Q Rio Named User One Time Discount Quote Must be approved & software ordered by 12/28/2012 Q Plus for Publishing Royalty free distribution of published media IZI OCR Scheduler for Laserfiche - Requires one dedicated Laserfiche User License • LF Scanconnect for Rio *required for each scanner purchased /utilized Q LF Scanconnect for Rio 5 -pack Q LF Scanconnect for Rio 10 -pack Document Management Software and Licenses Total 3 - 1 $6,600.00 $571.88 $220.00 $100.00 $3,795.00 $165.00 $660.00 $915.00 $7,995.00 $595.00 $2,795.00 $595.00 - 1 $2,500.00 Upgrade to Rio DIR -SDD- Total 980 N/A ($6,600.00) N/A ($18,300.16) N/A ($5,500.00) N/A ($3,200.00) N/A ($3,795.00) N/A ($165.00) N/A ($660.00) N/A ($915.00) N/A ($7,995.00) N/A ($595.00) N/A ($2,795.00) N/A ($595.00) N/A ($2,500.00) ($53, 615.16) 72 $917.00 $861.70 $62,042.40 72 ($533.00) ($533.00) ($38,376.00) 1 $3,800.00 $3,570.86 1 $1,500.00 $1,409.55 1 $165.00 $155.05 1 $660.00 $620.20 1 $915.00 $859.83 $3,570.86 $1,409.55 $155.05 $620.20 $859.83 $30,281.89 WEB TOOLS FOR RIO IZI Pilot Public Portal 1 $25,000.00 $23,492.50 $23,492.50 Includes Weblink software and 25 Weblink -only retrieval connections. Web Tools Total $23,492.50 BATCH PROCESSING MODULES FOR RIO Q Quick Fields Complete for Rio 1 $15,000.00 $14,095.50 $14,095.50 Includes QF, Validation packages for Bar Code, RTL, Zone OCR, Doc Classification, Forms Alignment, Forms Identification, Forms Extractor, OMR, and Auto Stamp /Redaction /Bates Numbering LZI QF Agent for Rio 1 $10,000.00 $9,397.00 $9,397.00 Batch Process Modules Total $23,492.50 INTEGRATION TOOLS FOR RIO LZI Integrator's Toolkit for Rio 1 $2,500.00 $2,349.25 $2,349.25 Integration Tools Total $2,349.25 ANNUAL SOFTWARE SUPPORT - BASIC LSAP [Jf Rio Pilot - Records Management 50 -99 Users 72 $184.00 $165.60 $11,923.20 Includes Unlimited Laserfiche Servers, Records Management Edition, Workflow, WebAccess (including the SharePoint integration web parts and WebAccess Light), Advanced Audit Trail, Snapshot, and Email [Jf Plus for Publishing 1 $1,600.00 $1,440.00 $1,440.00 Royalty free distribution of published media 2 OCR Scheduler for Laserfiche - Requires one dedicated 1 $330.00 $297.00 $297.00 Laserfiche User License 2 LF Scanconnect for Rio *required for each scanner 1 $34.00 $30.60 $30.60 purchased /utilized [Jf LF Scanconnect for Rio 5 -pack 1 $132.00 $118.80 $118.80 [Jf LF Scanconnect for Rio 10 -pack 1 $184.00 $165.60 $165.60 [Jf Pilot Public Portal 1 $5,000.00 $4,500.00 $4,500.00 Includes Weblink software and 25 Weblink -only retrieval connections. 2 Quick Fields Complete for Rio 1 $3,000.00 $2,700.00 $2,700.00 Includes QF, Validation packages for Bar Code, RTL, Zone OCR, Doc Classification, Forms Alignment, Forms Identification, Forms Extractor, OMR, and Auto Stamp /Redaction /Bates Numbering IZI QF Agent for Rio 1 $2,000.00 $1,800.00 $1,800.00 IZI Integrator's Toolkit for Rio 1 $750.00 $675.00 $675.00 Q Managed Services for Laserfiche - Rio 1 $2,812.50 $2,812.50 $2,812.50 Q Managed Services for SDK 1 $562.50 $562.50 $562.50 LZI Managed Services for Workflow, Level 2 *not to exceed 45 1 $5,062.50 $5,062.50 $5,062.50 hours 4 Q Training Center 50+ Users 1 $3,920.00 $3,920.00 $3,920.00 [Jf MCCi Service Level Agreement 1 $4,730.04 Annual Support Total $40,737.74 For budgetary purposes, the Client should include $40,737.74 in annual budget for renewal of LSAP, Managed Services, SLA and the Training Center for the software quoted above. MCCi PROFESSIONAL SERVICES [ZI Records Management Module Training, per day 2 $2,100.00 $1,932.00 $3,864.00 *Travel expenses included. Q Basic Onsite System Admin / Train the Trainer Training of 3 $2,100.00 $1,932.00 $5,796.00 software, per day Workflow training and installation excluded. Travel expenses included. The goal is to provide appropriate training to the Corpus Christi administrative staff for a "Train the Trainer" methodology. The result will be a knowledge transfer so that the City of Corpus Christi staff will be equipped to train the end users. If end user training is requested, additional days may be necessary. LZI Quick Fields Complete Training, per day 1 $2,100.00 $1,932.00 $1,932.00 LZI Workflow Configuration Training, Level 2 1 $14,660.00 $13,487.20 $13,487.20 Includes remote installation with up to 3 days onsite training, remote workflow configuration assistance up to 45 days post training, 1/2 day developer training, and up to 15 days of remote developer assistance [� MCCi Project Management Services Professional Services Total 1 $8,000.00 $33,079.20 Total Project Cost $99,817.92 PAYMENT & BILLING TERMS MCCi will invoice fifty percent (50 %) of the total contract amount upon receipt of the signed contract. Balance of total project will be invoiced upon completion of the proposed professional services, but may be broken up based on completion date of specific services. MCCi's final invoice will reflect a credit for remaining support on the prior system. This credit is based on a prorated amount determined by the order date of the new system software. Sales tax will be included where applicable. Payment will be due upon receipt of an invoice. 5 MCC/ STANDARD SERVICES To determine which services and products are included with your project, please refer to the Statement of Work above. MCCi prides itself in providing high quality professional services and support. Providing the most advanced level of tech support via the web, e-mail and phone, you can rest assured that MCCi will provide you with profession installation, training and support services. Our clients can rely on us to provide a continual flow of information through our technical bulletins and newsletters. MCCI PROJECT MANAGEMENT SERVICES MCCi Project Managers are CDIA- certified and Laserfiche Gold certified. The CDIA (Certified Document Imaging Architect) is awarded after a comprehensive and rigorous exam focused on a broad spectrum of document and records management objectives. There are multiple Laserfiche Certifications and MCCi focuses on maintaining all of them. MCCi Project Managers administer these services and concentrate on defining business requirements and the deliverables that follow. The MCCi Project Manager will work with the client's point of contact to put together a project plan that clearly defines the scope of services of the Project Management services. These services are included to ensure the Client is prepared for the final project implementation. Implementation Client Consultation - The assigned MCCi Project Manager will perform a remote pre - installation solution development plan including configuration of security rules for the Client prior to installation and training. This consultation will include a review of current document organization and retrieval practices to determine desired indexing methods, as well as other basic system set up needs. Once this information has been gathered and provided to the MCCi project manager, the basic folder structure, document naming scheme, scheme, and template set -up will be configured prior to onsite training. Remote Installation and Configuration- Software installation and configuration may occur remotely as part of the Project Management services to ensure the onsite time purchased is focused on the direct objective. Please refer to the statement of work to determine if the onsite time will include installation and configuration. Remote Training- Project Management services may be utilized for training administrators or users remotely if not providing onsite training. Please refer to the statement of work to determine the training model quoted. LASERFICHE BASE SOFTWARE TRAINING SERVICES The client is provided with either instructor -led hands -on training or train - the - trainer training in the operation of the Laserfiche Software and Plug -ins, and the scope of all training services to be performed is notated in the Statement of Work. These services will be provided onsite or remote, please refer to the Statement of Work to determine which has been quoted. Below are some sample outlines based on user -roles and system modules: System Administration Training • Client and Server Installation Procedure • Users and Groups — Active Directory • Security • Templates • Tags • Document Relationships 61 • Records Management • Volumes • System settings • Back up Procedures • Troubleshooting Procedures • Technical Support Overview Full User Training • Introduction to Laserfiche • Folders and the Folder Browser • Scanning and Importing • OCR and Full Text Indexing • Document Display • Index Card /Templates • Document Retrieval by Index Fields or Text (Searching) • Annotations • Extracting a Document from Laserfiche • Briefcasing and Migrating Documents • Customize Laserfiche • Volumes • Security • Advanced Features — Plug -ins 71 MCC/ ADVANCED IMPLEMENTATION SERVICES *The following services listed have been included in your Statement of Work based on the recommendation of your Account Executive. Please consult with them for any questions. RECORDS MANAGEMENT MODULE TRAINING * Please note that client should have full knowledge of internal records management policies and have prior experience in records management. This training will be quoted for clients with the Records Management functionality of Laserfiche. Please refer to your Statement of Work to determine if this is included. • Record Series • Record Folders • Document Links • Versioning • Security Tags • Vital records • Cutoff criteria • Cutoff eligibility • Retention Period • Disposition Actions • Hold Period • Time Dispositions • Event Dispositions • Interim Transfers • Final Disposition • Destruction • Permanent Records • Accession • Freezing Admin Console Setup for Records Management • Cycle Definitions Setup • Locations Setup • Retention Schedules Setup • Cutoff Instructions Setup 8 LASERFICHE WORKFLOW CONFIGURATION TRAINING MCCi's Laserfiche Workflow Configuration Training service is designed to be highly collaborative. The goal is for the client to have a trained Workflow Configuration Administrator. As a prerequisite, the client's Workflow Configuration Administrator should be a business process savvy individual with good technical skills. This is the person tasked with handling future workflow configurations, including any modifications needed to the configuration focused on during training. Client Deliverables • Provide MCCi with a mapped out /narrative of specified business process • Define each resource and activity of the business process • Define the Measurement of Success in conjunction with MCCi • Appointment of Workflow Configuration Administrator • Metadata requirements • Sample reports from functional activities involved • IT resources MCCi Deliverables • Install and configure Laserfiche Workflow with current Laserfiche system • Onsite consultation with a MCCi Project Manager o Workflow Configuration Administrator Training o Offer best practices in security to support the specified workflow process o MCCi project manager to collaboratively identify the Measurement of Success (MOS) Workflow Managed Services post onsite training o Configuration assistance for a period of time immediately following onsite training • Developer Training (Applicable to Level 2 and Level 3 training packages) • Roll -out Assistance — This is an optional service, which is provided if included in the scope of services. Note that this service will be billed separately and is billed upon completion. Measurement of Success (MOS): The MOS addresses the desired outcome of a workflow configuration. MCCi focuses on how to define a MOS, and assists in defining the MOS for the initial workflow the client intends to configure after the training session. Matrix of Workflow Training Packages: Services Provided Level 1 Level 2 Level 3 Remote Installation Included Included Included Onsite Training Days 2 3 3 Workflow Configuration Assistance Post Onsite Training Remote 30 Days Remote 45 Days Remote 60 Days Developer Training None Remote 1/2 Day Remote 1 Day Developer Assistance Post Developer Training None Remote 15 Days Remote 30 Days Roll -out Assistance (Optional) 2 Days - Remote 2 Days - Onsite 2 Days - Onsite 9 LASERFICHE WORKFLOW MANAGED SERVICES MCCi 's Workflow Managed Services package is a post - implementation service, and is designed to assist the client's Workflow Configuration Administrator with ongoing consulting and configuration needs. Workflow Managed Services are billed in advance each year, in return for a discounted rate. Workflow Managed Services may be used for the following: • Additional Workflow Set Up Consultation — MCCi continues to consult and make recommendations on best practices for modifying existing / creating new workflow configurations. Additional Remote Training — MCCi offers additional training for the client's Workflow Configuration Administrator. This is ideal for refresher training, as well as for new personnel in the event of turnover. Ongoing Security Consultation — Laserfiche security plays a much larger role when business processes are being automated by Laserfiche Workflow. MCCi assists the client's Security and Workflow Configuration Administrators to offer security best practices to align with workflow configurations. Leveraging existing system(s) — MCCi will help identify more efficient ways of utilizing the Laserfiche product suite, as well as how to leverage other systems and the related data contained therein. Meta -data consultation — Various meta -data objects must be created /modified to match up with specific workflow needs. MCCi will consult and help identify meta -data needs. Expiration & Additional Services - Managed Services is an annual package and will expire on the same date as your SAP plan. The number of hours included are not to exceed the price of the package divided by MCCi's discounted hourly rate (Managed Service hours are discounted by 10 %). Pricing can be adjusted for any additional hours if needed. Remote Access Support — Managed Services are delivered remotely. Remote Access Support allows our helpdesk staff to access your machines remotely to resolve problems faster. The use of Remote Access Support saves you both time and money by reducing the delays in resolving software issues without costly on -site visits. 101 SOFTWARE DESCRIPTIONS To determine which products are included with your project, please refer to the Statement of Work LASERFICHE AVANTE Laserfiche Avante solution is a named user model and starts out with a feature rich system that is based on the number of people who will be using the system. It is designed for small to mid -size organizations and helps you capture, manage, distribute, and work with information in diverse working environments. Avante comes with Laserfiche Workflow and allows your organization to move beyond simple document routing to automate everyday tasks, optimize business processes, and share information with a wide variety of applications. Avante systems allow you to choose from multiple database platforms and incrementally expand the system with records management edition and other plug -ins such as Auditing, Web Access, Digital Signatures, and Batch Processing. The Laserfiche Avante pricing structure makes it simple and affordable to add new features and functionality to your Laserfiche system as your needs change. LASERFICHE RIO MCCi recommends the Laserfiche RIO solution for Enterprise clients that have a large volume of users, as well as the need for test environments and multiple servers /repositories. RIO and each RIO license comes coupled with Workflow, Web Access, Mobile Access, Snapshot, Email, Digital Signatures, and Advanced Audit Trail. This licensing structure makes it much easier on IT administration, especially when dealing with a large user base. In addition, RIO supports an unlimited number of application servers, as well as repositories, making it well suited for expansion and testing needs. RIO can connect either to MSSQL or Oracle for the backend database, and of course many of the same optional Laserfiche modules such as the Records Management, Batch Processing and Weblink Public Portal licenses are available with RIO. Feature lAvante iRio Database Options Retrieval Concurrent Users Full Named Users Retrieval Named Users Application Servers User License Model ISQL Express, SQL, lOracle Public Portal (Weblink Unlimited -SQL, Oracle !Public Portal (Weblink €25 - Unlimited n/a €200 - Unlimited Unlimited iComments Includes Workflow, Email and Snapshot for Avante; Includes Workflow, Email, Snapshot, Web Access and Advanced Audit Trail for Rio. Includes Email capability. Minimum of 200 must be purchased. Named -Named Repositories !Up 15 per Application =Server 111 Avante: Up to 14 additional (for a total of 15) Repositories can be added at an additional cost. RIO: Each Application Server can have up to 15 Repositories attached. RIO allows for an unlimited number of Application Servers. SOFTWARE DESCRIPTIONS Workflow 'Included )Included s ' Snapshot Included lIncluded Email ;Included Included eWaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa44 WebAccess (Thin client access for named users) Mobile Access Digital Add on option Included Signatures iAdd -on option :Requires WebAccess !Included :Included Audit Trail iAdd -on option (Options :Includes Advanced for Starter, Standard, 'Audit Trail zAdvanced) Public Portal (Weblink) Options Upgrade Path Laserfiche Versions 'Weblink Public Portal 'Weblink Public Portal 'license package options 'license package €(5,10, 25, 50, Unlimited 'options (50, Unlimited 'Single Processor, :Single Processor, 'Unlimited Dual ;Unlimited Dual 'Processor, Unlimited 'Processor, Unlimited 'Multi Processor) 'Multi Processor) 1Rio 1Lf 8.1 and later Web Admin Included 'Included Console n/a :Lf 8.0.1 and later Avante Public Portal: The 5 concurrent license only allows for one security profile to be set. Unlimited versions are licensed per Laserfiche application server, and per processor. The licensed number of processors must be equal to or greater than the number of processors (CPUs) on the correlating Laserfiche application server. Note: Additional copies of the Unlimited Public Portal are needed if there is a need to connect the Public Portal to more than 1 Application Server. LASERFICHE PLUG -INS Laserfiche Plug -Ins, Utilities, and Tools MCCi can provide additional Laserfiche Plug -ins Utilities, & Tools software. Laserfiche offers a selection of modules and development tools designed to let you tailor Laserfiche to meet your needs. Certain Plug -Ins may be bundled differently based on the Laserfiche platform. Please refer to the pricing page /statement of work to determine which modules have been proposed. Capture Modules Laserfiche ScanConnectTM: allows ISIS scanning. A collection of ISIS scanner drivers is included with Laserfiche ScanConnect. These drivers allow images to be scanned through supported scanners. ScanConnect 7.x is can be purchased as an add -on to both Laserfiche scanning and Quick Fields. Laserfiche Snapshot': Laserfiche Snapshot is included with both Avante and RIO Full Named User Licenses, and can generate images and text from an electronic file (e.g. a Word document, a web page, a text editor, etc.). The files generated by Laserfiche Snapshot capture the content of the electronic file at 12 1 SOFTWARE DESCRIPTIONS the time that it was processed. In other words, they represent an accurate portrayal of an electronic file at a given point in time. The images and text created from an electronic file are then stored in a Laserfiche repository. As you can see, Laserfiche Snapshot can be used as a tool to archive a particular version of an electronic file. Laserfiche Snapshot can process any electronic file that can be opened with a Windows application that has printing capabilities. This feature is automatically included with every Full User purchase. Laserfiche Import Agent: Laserfiche Import Agent is a capture tool that can bring files into a Laserfiche repository from the Windows file system. Any file that can be stored in Laserfiche can also be imported via Import Agent. What's more, Import Agent allows for scheduled and selective imports, so that users can set up specific criteria for what gets imported when. OCR Scheduler for Laserfiche: MCCi developed this tool. It provides a simple and effective way to mass OCR documents in Laserfiche. It allows administrators to configure multiple OCR sessions. Sessions are created based on selecting folders within a specific Laserfiche Repository and scheduling the time to begin the OCR process. Benefits: o Efficiency: Clients can schedule the tool to perform the OCR function, rather than tie up machines during the normal working rhythm. o Support /Search Content: Leaving the responsibility in users hands to conduct OCR can lead to incomplete processing. The tool provides assurance that everything in need of OCR is being addressed without end user interaction. "QuickFields" (QF) Batch Processing Tools: Quickfields is a suite of Batch Processing utilities created by Laserfiche. Avante and RIO bundle each of these features differently, which is reflected in the Statement of Work /Pricing section: Laserfiche® Quick Fields' automatically captures useful information from paper and electronic documents and organizes it for fast retrieval. Quick Fields transforms data capture from a costly and labor- intensive operation into an efficient process by collecting precise pieces of information from the masses of unstructured data flowing into your organization. Quick Fields improves the speed and accuracy of data capture while giving authorized staff instant access to the information they need to work effectively. QF Bar Code Validation Package - The Bar Code add -on reads bar codes on a specified page in the document. The value returned by the bar code process can be used to identify a page, populate a field, determine the document name, or determine where the document will be stored. Bar Code is very powerful when combined with Real Time Lookup. Supported barcode formats: Codabar, CODE 39, CODE 128, EAN 8, EAN 13, Interleaved 2 of 5, UPCA, and UPCE. QF Real -time Look up Validation Package: Lookup populates template fields and validates metadata by retrieving data stored in third -party databases and other applications. QF Zone OCR Validation Package: Images that contain clearly printed or typed information can be converted to text files through a process called OCR (Optical Character Recognition). Once text has been extracted from an image, it can be sent along with the image to the repository. Once the document has been imported into the repository, the extracted text will be associated with the corresponding image in the document. The International Zone OCR add -on will scan a zone on an image for text. Only text found within the zone will be extracted. The data returned by this process can be used to identify a page, populate a field, determine the document name, or determine where the document will be stored. The International Zone OCR add -on can be installed when Quick Fields is first installed or after it has already been installed. 131 SOFTWARE DESCRIPTIONS QF Forms Alignment: automatically repositions scanned documents to match a master form, correcting for scanning errors and improving data extraction. QF Document Classification: designed for clients who deal with multiple forms, and will recognize and process multiple document types. QF Auto Stamp /Redaction /Bates Numbering - The Bates stamp option is a document auto - numbering annotation option QF Optical Mark Recognition: detects handwritten information, including marks on surveys, tests and ballots. QF Agent: enables administrators to schedule forms processing around the clock and run Quick Fields sessions without operator intervention, reducing labor costs and optimizing business processes. QF Forms Identification: automatically recognizes the form or document based on its overall structure, even in the absence of bar codes, form data or other distinguishing information. QF Forms Extractor: removes form outlines to isolate data for more accurate capture. QF Scripting Kit: Offers a script editor, which allows developers to write C# and VB.Net Scripts, and insert the scripts into a Quickfields Session. Distribution Modules • Laserfiche Public Portal - WebLinkTM: The WebLink module publishes select documents in a Laserfiche repository to an intranet or the Internet in read -only form. Documents can be made available through the Web almost instantly, and users need only an Internet browser in order to access them. Built on ASP .NET, WebLink can be customized to match the look and feel of an organization's Internet or intranet site. Laserfiche WebAccess: Laserfiche Web Access is a Web browser -based thin client offering virtually all of the document management capabilities of the standard Laserfiche interface. Web Access allows your IT staff to roll out high - volume Laserfiche access without increasing your organization's application support burden. Authorized users organization -wide enjoy simultaneous access to documents, whether they are using the corporate intranet or logging in from a branch office. o Laserfiche Mobile Access Options: Laserfiche Web Access is required for any /all mobile access options. Web Access Light & Laserfiche Mobile are both options for providing mobile access to your Laserfiche solution: • Web Access Light: Designed for Blackberry, Chrome, Opera and Safari mobile browsers, offers a lightweight Web interface for popular mobile devices, enabling users to search and retrieve documents, as well as approve documents and participate in workflow automation processes, while away from their desktop computers. • The Laserfiche Mobile iPhone app takes advantage of the iPhone's touch screen, gesture recognition and high resolution interface to provide users with an immersive experience. Features include: • Create and upload new content with the iPhone camera. • Automatically crop, straighten and enhance captured information, with full text recognition. • Copy, move, rename, download, e-mail, print or delete content. 141 SOFTWARE DESCRIPTIONS • Browse for documents in a folder structure or search the entire repository • Participate in workflow automation processes by accessing metadata fields. The Laserfiche Mobile iPad app gives employees the ability to securely view and update content from wherever they are. Features include: • Provides secure access to documents and metadata • Enables users to create and upload new documents • Participate in Workflows on the go Laserfiche Plus' Laserfiche Plus allows the information stored in a Laserfiche repository to be portable. Laserfiche documents published by Laserfiche Plus can be viewed by anybody, regardless of whether they have Laserfiche installed. If these portable Laserfiche documents are sent to a company or site that already has Laserfiche installed, then that organization can also choose to attach those documents to their repository. This software prepares a copy of the Laserfiche files (images, text, electronic files, annotations, templates and field data) for burning directly to your removable media or to a temporary directory. Choosing to publish to a temporary directory allows you to write it to your removable media at your convenience. Laserfiche E -Mail Plug-inTM allows instant electronic document distribution via standard MAPI- compliant e-mail applications. This feature is automatically included in every Full User and Retrieval User license purchase. Workflow Process Automation, Collaboration, and Tracking Laserfiche Workflow: Efficiency and accountability- enhancing document routing, e-mail notification and audit trail reporting. Laserfiche Digital Signatures: Laserfiche allows users to sign briefcases when exporting as well as documents stored in Laserfiche. These are two separate applications of digital signatures. Signing a briefcase file embeds the signature in the file along with the certificate associated with the signing key. The full certificate chain is embedded. This allows users to prove who created the briefcase and that the briefcase was not tampered with. Digitally signed briefcases may, but do not necessarily contain digitally signed documents. Digital signatures can be applied to documents stored in Laserfiche. The digital signatures are stored as metadata and are preserved when exporting a document in a volume or briefcase (whether or not the briefcase was itself signed). Users can digitally sign a document in the Laserfiche Client or Web Access to indicate their approval. Documents can also be countersigned by another user, which indicates approval of the document and the existing signature. Multiple signatures and countersignatures can be applied to a single document. Digital signatures are validated with signing certificates on the server and the repository, which verifies that a signature on a document is trustworthy. A signature becomes invalid if the certificate is expired or if a document has been modified since the signature was applied. Signature certificates are managed through the Laserfiche Administration Console or Web Administration Console. As a pre- requisite, the organization must have Digital Certificates set -up on the network, prior to implementing Laserfiche Digital Signatures. Laserfiche Audit Trail Modules: Three levels of audit reporting to address your specific regulatory compliance and security needs. 151 SOFTWARE DESCRIPTIONS The Starter Edition tracks basic events that occur in the repository and that involve accessing, modifying or exporting data. Basic events include creating, editing, printing or deleting documents, creating annotations, and assigning metadata. The Standard Edition builds on the Starter Edition by tracking additional security- and access - related events. This edition can also track unsuccessful attempts to perform an action, such as failed attempts to access or print documents. The Advanced Edition meets the needs of organizations in the most highly regulated environments. It includes all the functionality of the other two editions, and also tracks many more events including password changes, the creation or modification of users and groups, and changes to repository -wide settings. It can also track all the searches users perform, require users to enter reasons for performing certain actions, and automatically add watermarks to printed documents. Laserfiche Integration Plug -Ins LF Integrator's Toolkit: Provides the tools & documentation necessary for customizing Laserfiche, and integrating Laserfiche with other applications. Third Party Integration Plug -Ins: • Datallow Affinity Integration- Datallow Affinity brings the power of Laserfiche document management to the applications you use most. Document searches can be reduced to a single click of a button. New documents can be added to your Laserfiche repository without manually entering template field values, file names, or folder locations. Affinity truly makes Laserfiche feel like part of your business software LF Integrator GP — LF Integrator empowers Great Plains users to scan, search and link supporting documents in Laserfiche document management applications directly from the Great Plains menu bar. Link the document and workflow management power of Laserfiche with your current Great Plains implementation. LF Integrator AutoCAD — LF Integrator for AutoCAD allows you to store AutoCAD drawing files or associated documents in Laserfiche, including embedded cross reference files, directly from the AutoCAD menu. Launch Laserfiche scan or search modules using the drawing file for template or search criteria, or create a Laserfiche document template using the fields from any AutoCAD drawing title block with a single click. GeoDocs: GeoDocsTM is a web -based software that seamlessly integrates ESRI ArcIMS (soon to be ArcGIS Server) and Laserfiche. Utilizing robust search capabilities, users of GeoDocs can access digital documents stored in a Laserfiche repository from within the web -based GIS program and vice versa, access spatial information stored in a GIS from within the Laserfiche web client. ImageSign for Laserfiche- ImageSign for Laserfiche allows you to digitally sign documents inside of Laserfiche securely. There are also options for utilizing external signature pads to allow customers & external users to electronically sign documents. *Created & support by MCCi only. LT Systems Laserfiche Integration- LT Systems Laserfiche Integration allows users of the LT Systems Court solutions to archive court related documents into Laserfiche. Users can launch Laserfiche scan or searching windows from LT Systems and bring data and documents directly into Laserfiche while capturing metadata in LT Systems. *Created & support by MCCi only. 161 SOFTWARE DESCRIPTIONS Electronic Forms LincDocs (Electronic Forms)- LincWare's LincDoc family of eForm creation and document automation tools empowers businesses and government organizations to better serve their customers and constituents, reduce costs and better leverage bottom line critical information. LincDoc data complies with existing systems through features like network -wide interconnectivity, document repositories, version control, business -logic driven data entry, Laserfiche interface, database integration and Word- and PDF -based document authoring. 171 TECHNICAL SUPPORT When you become a client of MCCi, you gain much more than just a new product. You gain a relationship between our staff and your organization to make your product implementation successful and the usage of your product an enjoyable experience. In order to make this possible, MCCi offers both Proactive and Technical Support. PROACTIVE SUPPORT MCCi assigns each account with a Regional Account Executive and an internal Account Manager Team. You will have already worked with your Account Executive in the pre - project phase and they will continue to support you. Your Account Executive will provide a local presence and contact information should local meetings be necessary. The Account Executive also assists in pre implementation processes. Your Account Manager will assist in managing ongoing support through the life of the product. MCCi believes in a proactive support methodology and it is the Account Managers' role to insure this ongoing communication with clients. Your Account Manager will be in touch throughout the year to discuss optimal system usage and ensure client satisfaction. Items discussed may include, but are not limited to: • Identify any needs that could easily be addressed with the current system. • Provide resource for question and answer, best practices, how other customers are using the system with use of documented case studies, Listservs, support center, etc. • Provide continued education for existing and new users within the organization through the use of webinars, seminars, workshops, users group, and more. • Annual review of current system configuration • Dedicated sales support staff for pricing inquiries and budgetary information • Annual support renewal notification to ensure your renewal process is timely and accurate Educational Resource Definitions • Case Studies- MCCi works with our clients to put together narrative accounts of specific usages of MCCi solutions in their organization. Specific departments, document types, integrations, etc. are noted to allow other users to learn from the information. • MCCi Listserv- MCCi has created a Listsery for specific types of system customers. A Listsery is a creative use of e-mail, which provides a means for End Users to share information on a common interest. Members are able to communicate with peers thru a single e-mail. Uses of the Listsery may include fielding requests about system usage, as well as best practices. • Support Center- This resource is a compilation of white papers, best practices, and information for system users all in one location. Through the support center, users can also submit and check the status of their support tickets. • Webinars- MCCi conducts monthly webinars on different topics promoting more efficient system usage. User webinars are also offered on more specific topics related to products, concepts, departments, etc. regarding the usage of your system. These are done through the web and are a convenient way of staying informed on the newest technologies available. • Seminars- MCCi conducts seminars on different topics to help educate new and existing end users throughout the year. They are usually located at a host site of an existing customer. These can also be offered at current client's locations to invite departments to learn more regarding their current system. • User Groups- MCCi offers annual user groups to keep end users trained on the newest versions and products. These are geared to both users and administrators of the system. 18 I TECHNICAL SUPPORT TECHNICAL SUPPORT The Laserfiche Software Assurance Plan (LSAP) helps preserve your investment and extend the benefits of your original purchase by providing you access to the assistance needed to ensure that you maximize system uptime. You have access to a toll free line to call for technical support or submit tickets online through our support center. When you subscribe to the LSAP you receive the following benefits: • 100% upgrade credit for your existing software (in the event of an upgrade) • Free software updates for your current system • 24 -hour FTP and website access which includes the MCCi Online Support Center • Technical bulletins and newsletters TRAINING CENTER MCCi's Training Center provides an easy, cost - effective way to provide Laserfiche training to all users in your organization. An annual subscription allows access to our online course offering of over 200 training videos. The Training Center is home to video categories such as Laserfiche Administration, Laserfiche Client, Workflow, and Tips & Tricks. All videos use instructor descriptions from Laserfiche Certified Professionals. The Training Center provides the following benefits: • 24/7 access to on- demand Laserfiche training videos and other resources • Reduction in training expenses • Caters to all skill levels from Basic Users to Advanced System Administrators • Unlimited access for your entire organization • User determined schedule and pacing • Reduction in internal support • Increased efficiency through improved internal usage /adoption • Instant /budgeted training available in the case of employee turnover • Enhance your organization's internal Laserfiche training program • Increased user productivity MANAGED SERVICES MCCi Managed Services are strongly encouraged to be included with every support renewal and provide the client with a discounted hourly rate by purchasing an advanced block of services per year based on the products purchased. Managed Services can be used for the following professional services: • Additional Training — additional training, via web conferencing, can be conducted to train new users on the use of the system or as refresher training for existing users. Additional System Set Up Consultation — MCCi offers additional consultation that includes recommendations on best practices for adding additional departments, additional types of document etc. to your current system. Remote implementation of software updates — While the standard SAP plan covers free updates for software, implementation of those updates is sometimes overlooked. With the addition of our Managed Services, MCCi is at your service to directly assist in implementing software updates such as minor updates, quick fixes or point releases. Major software upgrades may or may not be covered and should be discussed with your Account Management Team. Annual System Review & Analysis — Upon request, MCCi will access your system to review and analyze how your organization is using the system, identify discovered potential problem areas and make recommendations for better use of the system. This analysis is designed to be implemented 6 months after the initial Software installation, and should be 19 I TECHNICAL SUPPORT performed annually after that date. This is an optional service that will be completed only if requested by the Client. Remote Access Support — Remote Access Support allows our helpdesk staff to access your machines remotely to resolve problems faster. The use of Remote Access Support saves you both time and money by reducing the delays in resolving software issues without costly on- site visits. Expiration & Additional Services —MCCi Managed Services is an annual package and will expire on the same date as your SAP plan. MCCi does provide continued technical support for all MCCi applications. Technical support is provided via email or telephone during normal business hours of 8:00 AM to 6:00 PM EST. Clients can designate several individuals who are to be the technical support contacts. Those individuals may contact MCCi at any time for technical support. There is no limit on the number of technical support calls that can be made. Adjustments in annual support rates may be made to coincide with current U.S. inflation rates. 20 1 HARDWARE SPECIFICATIONS MCCi will provide necessary consultation upon request, as to the compatibility of current hardware with the Laserfiche System. Changes and recommendations will be made at the time of consultation. See system requirements below. Please keep in mind that these are the minimum system requirements, and should be considered independently rather than collectively. Additionally, overhead for virtualization has not been factored in to these requirements. Scanning Station PC: OS: Windows 7, Windows Vista, Windows XP Professional (Service Pack 2 or later) CPU: 2.8 GHz processor or faster Memory: 2 GB RAM or more Communications: TCP /IP Web browser: Internet Explorer 6.0 or higher Client: OS: Windows 7, Windows Vista, Windows XP Professional (Service Pack 2 or later) CPU: 1 GHz Processor or better, Performing OCR: Dual Core 2.8 GHz or faster processor Memory: 1 GB RAM or more, Performing OCR: 2 GB RAM Communications: TCP /IP Web browser: Internet Explorer 6.0 or higher Batch Processing Quick Fields Machine: OS: Windows 7, Windows Vista, Windows XP Professional (Service Pack 2 or later) CPU: 2.8 GHz Processor or better, Performing OCR: Dual Core 2.8 GHz or faster processor Memory: 4 GB RAM or more Communications: TCP /IP High volume recommendation: Windows 7 x64 with 8 GB RAM, Intel Core 2 Duo Processors 3.33GHz Laserfiche Application Server: OS: Windows 2008 R2, Windows Server 2003 (Service Pack 1 or later) CPU: Quad -Core Processor, 2.5 GHz Processor or better Memory: 2 -4 GB RAM Communications: TCP /IP Image /File Server Storage: Typical usage factoring is 18,000 black /white standard size images per GB. Clients typically use a Network Attached Storage (NAS), Storage Area Network (SAN), or a Local Storage Device. Note: Images and Electronic files are stored separately from the database. Database Management System: Avante SQL or Rio SQL: SQL Server 2008 R2 Standard, Microsoft SQL Server 2005 (Service Pack 3 or later), Oracle 9i Release 2 (9.2.0.8 +), Oracle 10g (10.2.0.4 +), Oracle 11g (11.1.0.6 +). For MSSQL, MCCi recommends storing the MDF and LDF on different drives. Growth of MDF to 10% — 15% and Log to 5% to 10% of cumulative Laserfiche Volume size is anticipated. Avante SQL Express: Microsoft SQL Server 2008 Express Edition Note: Oracle or Microsoft SQL Server must be purchased separately. You must additionally purchase enough licensing for your DBMS to support your Laserfiche installation. Laserfiche Workflow Server: OS: Windows 2008 R2, Windows Server 2003 (Service Pack 1 or later) CPU: 4 Core Processor, 2 GHz Processor or better Memory: 4 GB RAM Communications: TCP /IP Laserfiche Audit Trail Server: OS: Windows 2008 R2, Windows Server 2003 (Service Pack 1 or later), IIS 6 or 7 CPU: Dual Core Processor, 2 GHz Processor or better Memory: 2 GB RAM Communications: TCP /IP Local Storage; C:\ Drive with 40GB or greater available Web Module Server(s): 21 1 HARDWARE SPECIFICATIONS Required if: Installing "Web Access" or "Public Portal — Weblink ": OS: Windows Server 2008 R2 with IIS 7, Windows Server 2003 with IIS 6 CPU: 2.8 GHz or faster processor Memory: 1 GB RAM or more Viewer: Web Browser (minimum versions): Laserfiche Web products operate most efficiently when using Internet Explorer 9. Other supported browsers are Firefox, Safari and Chrome Note: Clients are responsible for any additional security protocol setup /associated fees, that are required to provide internal /external web access. An example would be setting up "Kerberos" for thin client active directory authentication, or setting up VPN access to allow Laserfiche's iPad /iPhone applications to connect through the Web Access server. Laserfiche Public Portal — Weblink Per Processor (Unlimited) licensing specifics: The Public Portal License allows unlimited connections per processor, however a large number of connections may affect the Laserfiche application server performance (one processor can handle roughly 100 to 150 concurrent retrieval connections). The client must have one Public Portal License for each Laserfiche application server they desire to connect to, and the Public Portal license must be licensed by the appropriate number of processors, which is required to match or exceed the CPUs /processors on the Laserfiche application server that the Public Portal will connect to. For example, the client must have a dual - processor or multiprocessor Public Portal license in order to connect to a Laserfiche Application Server that has two or more processors. Public Portal View Only Licenses may only be used with WebLink; they are not available for other applications. OCR Scheduler for Laserfiche OS: Windows Operation Systems: 32 & 64 bit Requirements: Laserfiche Version 8 Server (runs as a service), Laserfiche Version 8 Client. Recommendation: 1 dedicated LF Named User license Note: Does not support OCR for Electronic Documents Scanners: Must use ISIS drivers to be compatible with Laserfiche ScanConnect software. Scanner compatibility should be confirmed by referencing the most up to date Laserfiche published supported scanner list at: http://laserfiche.com/static/Resources/scanlist.html. 22 1 fJ \\ \) telephone 866- 942 -0464. Support i SOFTWARE INSTALLATION MCCi will install all software outlined herein. If additional software is needed to bring the site up to specifications, customer will be billed accordingly. SITE PREPARATION The Client site should be ready for installation according to specifications outlined within the Hardware section listed below. If site is not prepared and results in cancellation, delays, or rescheduling of an installation after MCCi has made travel arrangements, the client may incur expenses due to circumstances such as non - refundable airline tickets, training /install charges, hotel reservations, rental cars, etc. AGENDA MEMORANDUM Future Item for the City Council Meeting of 12/11/2012 Action Item for the City Council Meeting of 12/18/2012 DATE: TO: Ronald L. Olson, City Manager 11/19/12 FROM: Pete Maya, P.E., Director, Planning & Environmental Services PeteAn@cctexas.com (361) 826 -3781 Certification agreement between the Texas Historical Commission (THC) and the City of Corpus Christi for continued participation in the Certified Local Government (CLG) Program. CAPTION: Motion approving execution by the Mayor of a Certification Agreement with the Texas Historical Commission for City participation in the Certified Local Government Program regarding local historic preservation. PURPOSE: The Certification Local Government (CLG) Program is a partnership between your local government, the Texas Historical Commission and the National Park Service designed to foster historic preservation in your community. Participation helps ensure the success of historic preservation efforts in communities across Texas. In addition, CLGs have access to dedicated grant funds for historic preservation projects in the community. In 2011, the Texas CLG Program adopted revised state rules for the program. The new rules eliminated redundant language and incorporated recent changes instituted by the National Park Service. The National Park Service requires new Certification Agreements for all CLGs upon adoption of new rules. The Mayor's signature in the affirmative is required as the chief elected official to satisfy this requirement. BACKGROUND AND FINDINGS: The City of Corpus Christi was the first to receive the Certification Local Government (CLG) Program distinction many years ago. To date as a CLG Program, the City has been awarded grants for various historically related projects. Some include construction of a website and the existing historic sites survey. Continued participation with the CLG Program will open the potential to fund future projects and keep our preservation efforts moving forward. ALTERNATIVES: Not Applicable OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Participation with the Certified Local Government Program (GLG) is in conformity with the City's mission through the support of the Landmark Commission. Participation opens the door to financial grant opportunities and paves the way for projects including the updating of the City's Historic Preservation Plan. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: The Landmark Commission was briefed of the requirement to update the CLG agreement. The brief was included in the discussion relating to the visit by Matt Synatschk, who is the State Coordinator of the Texas Certified Local Government Program for the Texas Historical Commission (THC). FINANCIAL IMPACT: Not Applicable ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): RECOMMENDATION: The Mayor's Signature in the affirmative to confirm participation as required by the National Parks Service. LIST OF SUPPORTING DOCUMENTS: • Cover Letter • Certification Agreement TEXAS HISTORICAL COMMISSION real places telling real stories October 10, 2012 The Honorable Joe Adame City of Corpus Christi PO Box 9277 Corpus Christi, TX 78469 Dear Mayor Adame, Thank you for your continued participation the Texas Certified Local Government Program. The CLG Program is a partnership between your local government, the Texas Historical Commission and the National Park Service designed to foster historic preservation in your community. Your participation helps ensure the success of historic preservation efforts in communities across Texas. In addition, CLGs have access to dedicated grant funds for historic preservation projects in the community. In 2011, the Texas CLG Program adopted revised state rules for the program. The new rules eliminated redundant language and incorporated recent changes instituted by the National Park Service. The National Park Service requires new Certification Agreements for all CLGs upon adoption of new rules. To satisfy this requirement, two copies of the new Certification Agreement, along with a copy of the revised state rules, are included for your signature. Please sign both copies and return them to our office no later than 45 days from the date of this letter. Following receipt of the signed copies, an original copy signed by THC Executive Director Mark Wolfe will be returned to you, along with a copy of the newly revised Texas Handbook for Certified Local Governments. Please feel free to contact me with any questions. Thank you for all of your efforts to support historic preservation in Texas. Matt Synatschk State Coordinator Texas Certified Local Government Program RICK PERRY, GOVERNOR • MATTHEW F. KREISLE, III, CHAIRMAN • MARK WOLFE, EXECUTIVE DIRECTOR P.O. BOX 12276 • AUS.[IN. TEXAS • 78711 -2276 • P 512.463.6100 • F 512.475.4872 • .f DO 1.800.735.2989 • www.fhc.s late .1x us TEXAS HISTORICAL COMMISSION real places telling real stories CERTIFICATION AGREEMENT BETWEEN THE TEXAS HISTORICAL COMMISSION AND THE CITY OF CORPUS CHRISTI FOR PARTICIPATION IN THE CERTIFIED LOCAL GOVERNMENT PROGRAM The City of Corpus Christi, in consideration of having been granted Certified Local Government status, agrees to carry out the following responsibilities as a Certified Local Government, in cooperation with the National Park Service and the Texas Historical Commission. It will: 1. enforce the local historic preservation ordinance for the designation and protection of local historic properties; 2. establish and maintain by the local preservation ordinance a qualified review commission, board or committee for historic preservation having specific powers, such as review responsibility pertaining to proposed National Register nominations as well as actions that will affect local historic properties; 3. designate a city official, staff person or other appropriate resident of the municipal entity to serve as a local Historic Preservation Officer for the purpose of administering the local preservation ordinance; 4. provide appropriate training for historic preservation officer, related city staff and members of the historic preservation commission; 5. maintain a system for the survey and inventory of local historic properties that is coordinated with the statewide cultural- resource - survey - process, with technical assistance provided by the National Register Program office of the Texas Historical Commission's History Programs Division; 6. ensure, to the maximum extent possible, public participation in the local historic preservation program, including the process of nominating properties to the National Register of Historic Places; 7. adopt the Secretary of the Interior's Standards for Rehabilitation as the standards by which the local review commission will review all work applications brought before it under the terms of the local historic preservation ordinance; 8. review and comment upon nominations to the National Register of Historic Places for properties within its jurisdiction within 60 days of receiving the nominations from the National Register Program office of the Texas Historical Commission, and submit the city commission's reports and the recommendations of the chief elected official of the city to the National Register Program office as to whether or not the nominated properties meet the criteria of the National Register; 9. assist the National Register Program office of the Texas Historical Commission, if necessary, in verifying the names and addresses of property owners within local historic districts being nominated to the National Register, and assist with arrangements for local public information meetings at mutually agreeable times and locations when such districts are nominated; 10. submit to the State Historic Preservation Officer by the end of each calendar year an annual report that describes the actions of the local review commission, board or committee and other preservation - related activities of the previous fiscal year (October 1st through September 30th); 11. monitor and report to the Texas Historical Commission any actions affecting any county courthouse, Recorded Texas Historic Landmark, State Archeological Landmark, National Register property, and any locally designated landmark; 12. coordinate local historic preservation efforts, to the extent practicable, with the Texas Historical Commission, which shall provide technical assistance, guidance, and information to the Certified Local Government as feasible upon request; 13. carry out the general program procedures as outlined in the Texas Administrative Code, Title 13 Cultural Resources, Part 2 Texas Historical Commission, Chapter 15 Administration of Federal Programs, Rule 15.6 Rules and Procedures for Certified Local Governments; and 14. assist the Texas Historical Commission in any duties and powers assigned to the State Historic Preservation Office by the National Historic Preservation Act of 1966 as amended, and other federal enabling legislation. Signature: Mayor (or chief elected official) Date City of Corpus Christi Printed Name Mark Wolfe, State Historic Preservation Officer Date RICK PERRY, GOVERNOR • MATTHEW F. KREISLE, 111, CHAIRMAN • MARK WOLFE, EXECUTIVE DIRECTOR P.O. BOX 12276 • AUSTIN, TEXAS • 78711-2276 • P 512.463.6100 • F 512.475.4872 • TDD 1.800.735.2989 • www.thc.state.tx.us AGENDA MEMORANDUM Future Item for the City Council Meeting of December 11, 2012 Action Item for the City Council Meeting of December 18, 2012 DATE: TO: Ronald L. Olson, City Manager November 19, 2012 FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 TxDOT application for hike & bike trail along Schanen storm water ditch CAPTION: Resolution to certify local funding and support of the Schanen Hike and Bike Trail from Yorktown Blvd to Saratoga Blvd project to the statewide Transportation Enhancement Program for funding competition in the Texas Department of Transportation 2012 program call for projects. PURPOSE: To request program funding from Texas Department of Transportation (TxDOT) for hike and bike trail along the Schanen storm water ditch between Saratoga Blvd. and Yorktown Blvd. BACKGROUND AND FINDINGS: The Bond 2008 program funds $500,000 for hike and bike trails. If awarded, the additional requested amount of $829,358 through TxDOT's Transportation Enhancement Program, will allow completion of Phase I and II of the proposed trail along the Schanen storm water ditch between Yorktown and Saratoga. ALTERNATIVES: Without additional funding through TxDOT, Bond 2008 funding will only fund Phase I of proposed trail along Schanen storm water ditch. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The Schanen Storm Water Ditch Hike and Bike Trail is a development priority identified in the MPO Bicycle and Pedestrian Plan, the Corpus Christi Community Sustainability Plan and the Corpus Christi Parks and Recreation Master Plan. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Engineering, Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE 0.00 Fund(s): Comments: Appropriation of additional funding will occur should this TxDOT application be approved. RECOMMENDATION: Staff recommends approval of this resolution. LIST OF SUPPORTING DOCUMENTS: Resolution A Resolution to certify local funding and support of the Schanen Hike and Bike Trail from Yorktown Blvd to Saratoga Blvd project to the statewide Transportation Enhancement Program for funding competition in the Texas Department of Transportation 2012 program call for projects. Whereas, the Texas Department of Transportation issued a call for nominations in September, 2012 for communities to apply for federal highway funding assistance made available through the Transportation Enhancement Program; and Whereas, the Schanen Hike and Bike Trail from Yorktown Blvd to Saratoga Blvd project, as depicted on the attached Exhibit A, will provide improved access and safety for bicyclist and pedestrians to join neighborhoods, schools, and several nearby parks for an approximate total distance of 1.5 miles in the City of Corpus Christi; will connect to an existing trail along Yorktown Boulevard and continue at Weber Road; and the City proposes to submit a nomination requesting federal funding for assistance in the amount of $829,358; and Whereas, the program requires a minimum 20% local funding match and the City has allocated and will provide an increase above the minimum match requirement in the amount of $500,000; thereby pledging 20% local matching funds, plus 100% of costs not covered in this nomination for the total project estimate of $1,329,358: Now, therefore be it resolved by the City Council of Corpus Christi, Texas: Section 1. The City of Corpus Christi supports funding this project as shown in the nomination budget, and commits to the project's development, implementation, construction, maintenance, management, and financing. The City is willing and able to enter into an agreement with TxDOT by resolution or ordinance; Section 2. That the City adopts this Resolution to approve the submission of the project nomination; and the support and funding of the project should it receive federal funds. Section 3. That the City Manager is hereby authorized to act on behalf of the City in all matters relating to this funding nomination and execute all necessary applications, assurances, certifications, and other documents, relative to the submission, later acceptance, and administration of such funds. Section 4. That it is hereby officially found and determined that this meeting at which this resolution is passed is open to the public as required by law, and that public notice of the time, place and purpose of said meeting was given as required. The regular meeting of the Corpus Christi City Council was called to order at noon on , 2012 in Corpus Christi, Texas by Mayor Nelda Martinez. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor \Mproject \councilexhibits \3381 grant.dwg EXHIBIT A Legend PARKS SCHOOLS • y'A.'LL'LR C LENT Congress„ Park k l 1 { =( CI III Schanen Hike and Bike Trail Breckenridge Park Cedar Ridge Park RI l.)1',:."1 Acushnet Park Wales Park 01? .LQ CATION MAP NOT TO :ii.ALE Snead • Park Nq� OR • Schanen Hike and Bike Trail EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 Resolution No. was presented and passed on this day of , 2012, by a vote of ayes and nays at a regular meeting of the City Council of the City of Corpus Christi. Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott AGENDA MEMORANDUM Future Item for the City Council Meeting of December 11, 2012 First Reading Ordinance for the City Council Meeting of December 18, 2012 Second Reading Ordinance for the City Council Meeting of January 8, 2012 DATE: TO: November 20, 2012 Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police flovdsCa�cctexas. com 886 -2604 Amending Section 33 -75 to clarify area for discharge of firearms CAPTION: Ordinance amending section 33 -75 of the Corpus Christi Code by clarifying the area where discharge of firearm is prohibited, clarifying unlawful act, clarifying areas where waterfowl hunting is not allowed within 1,000 feet; providing an effective date; providing for severance; and providing for publication. PURPOSE: The ordinance is being revised to make it companionable with local government code §229.002. Under 229.002, a city may completely regulate discharge of a firearm within an area annexed by the municipality before September 1, 1981 without any exceptions. The vast majority of Corpus Christi was annexed prior to September 1, 1981. Other clarifications to the ordinance include more distinct descriptions of the locations where it is unlawful to engage in waterfowl hunting. BACKGROUND AND FINDINGS: The ordinance is being revised in order to clarify issues associated with duck hunting in the Laguna Madre and the City's ability to enforce the existing ordinance. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2012- 2013 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 approving the revisions to the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Amending section 33 -75 of the Corpus Christi Code by clarifying the area where discharge of firearm is prohibited, clarifying unlawful act, clarifying areas where waterfowl hunting is not allowed within 1,000 feet; 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 Sec. 33 -75 is revised to read as follows: Sec. 33 -75. - Discharging firearms; waterfowl hunting. (a) It shall be is unlawful for any unauthorized person to fire or discharge any gun, pistol, rifle or other firearm of any description within the city limits as they existed on August 31, 1981. , or from without the corporate limits of the city and permit any shot, projectile, B B's, slugs or ammunition to fall within the city. The unauthorized discharge of firearms of any description outside of the city and within four hundred ('100) feet of the city limits or the firing outside of the city and permitting the projectile to fall within the city is hereby declared a nuisance and is prohibited. (b) However, except as restricted by subsection (c) of this section, waterfowl hunting within the lawful seasons and during the times prescribed by any federal and state agencies with jurisdiction over the taking of waterfowl, subject to the rules and regulations of federal and state agencies of appropriate jurisdiction, and the discharge of firearms, subject to such state law, rules, and regulations, shall be permitted lawful within the city in the following described areas: Corpus Christi Bay, Nueces Bay, and the Upper Laguna Madre within the corporate limits. (For the purposes of this section, anyone on the waterside of the vegetation line is considered to be within Corpus Christi Bay or Upper Laguna Madre. (c) No waterfowl hunting is permitted It is unlawful to engage in waterfowl hunting as allowed in subsection (b) within one thousand (1,000) feet of a residence; business establishment; industrial facility, school; institution of higher education; other structure designed for residential or commercial occupation (but not including storage sheds, hunting /fishing camps, pump facilities); dock appurtenant to a residential or commercial structure (other than those associated with a hunting /fishing camp or oil /gas field production installation); trailer or recreational vehicle park; military installation; any public beach; any city, county, state, or federal park; the JFK Causeway, causeway between Flour Bluff and North Padre Island Park Road 22 /South Padre Island Drive from east of Laguna Shores Road to the eastern side of the bridge; the Nueces Bay Causeway, U.S. Highway 181 causeway between Corpus Christi and Portland from the Portland - Corpus Christi city limits on the north to North Beach on the south; the Laguna Shores shoreline adjacent to Laguna Shores Road; or the corporate limits of another municipality that prohibits the discharge of firearms within its city limits. SECTION 2. The effective date of this ordinance is the date of final City Council approval. 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: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 2012. ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM for the City Council Meeting of November 13, 2012 DATE: TO: October 30, 2012 Ronald L. Olson, City Manager FROM: Oscar R. Martinez OscarM @cctexas.com 361- 826 -3189 UPDATE TO CITY COUNCIL Update Regarding Flint Hills Permitting Process STAFF PRESENTER(S): Name 1. Oscar Martinez 2. 3. OUTSIDE PRESENTER(S): Title /Position Department Assistant City Manager Public Works /Utilities Name Title /Position 1. Valerie Pompa Plant Manager 2. 3. BACKGROUND : N/A LIST OF SUPPORTING DOCUMENTS: Organization Flint Hills Resources AGENDA MEMORANDUM for the City Council Meeting of December 11, 2012 DATE: TO: November 27, 2012 Ronald L. Olson, City Manager FROM: Daniel Biles, P.E. Director of Engineering Services DanB @cctexas.com 361- 826 -3729 UPDATE TO CITY COUNCIL Bond 2012 Execution Schedule STAFF PRESENTER(S): Name 1. Daniel Biles, P.E. 2. 3. OUTSIDE PRESENTER(S): Name 1. 2. 3. BACKGROUND : Title /Position Director Department Engineering Services Title /Position Organization On November 6, 2012 City voters approved seven of eight proposed propositions for a total of $88,010,000 as part of the Bond Issue 2012 Package. A Request For Qualifications (RFQ) 2012 -03 was issued prior to the election, to solicit architectural and engineering firms interested in these projects. The results of the RFQ were released on November 7, 2012 and staff is currently in negotiations with the selected firms to develop design contracts for City Council approval. The first fourteen street design contracts are scheduled for City Council presentation during the January 2013 timeframe. This presentation will outline the Bond 2012 planned execution schedule to complete the projects in a timely, economical, and efficient manner. 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Iv 0 ,..A.-cyvater, Plaza, North Shcrel Ref air & nternat[onal Bled U v 0> i/) CO bi3 4--h bA V--1 P1 • r--i co rci E O 4o c +-h O .k_h E4-h Pl- +jCt E ;--I O 0 a • P-IC1) Cn P r4 CO Il • r1 CO CO N � cn ,4 -k-+ 6' ct E C.) .- 0 W ct v) CO am CO Ct •rj Ca) P•IP4 w o c.) c..) . . a ;_, o Example Project Schedule Map 27- Nov -12 15:3d 0 a a 0 a 2 Q z 0 1 CD' 0, 6 (J iai ccrn~s y Bond 2012 — Street Schedule O L E' co co o c -E 0 U N oo O .L Q .c -o Q O - co a O C C Q O O - U U > L L W o00 L Bond 2012 — Street Schedule U+ n U 175,5 6510¢1 3001 F rr, fG 00h2! 1658 Co P..5 57 T N Cr, Bond 2012 — Street Schedule co O N L N E N D O L Z 0 •i O L a) J O c N- O CO O 2 L c N O o U CO 0 i- co O E co 0 12 0 c O 0 2 L c 0 0 co O N L N N E i N c > a) o Q7 o 11 4 0 c O >,= Q L C Et O 0U E L 0 2 co O E co 0 12 0 c O 0 2 L c 0 0 co O N L Et N E N - N Q 0 i--/ L cz _N Q O 2 o (0 = EO co co L 0 E N 0 12 0 c O 0 2 L c 0 0 Yorktown Blvd (Rodd Field to Cimarron) co L co O O E N CO N- • < O co cf) 0 O O 0 0 L L O 0 00 Bond 2012 — Street Schedule 1.10 Kiiwe n4 4-4.,4 of,cJ m'7i 10 Maiket 1694 Fbitf tc 0129411694 2 a- 60 R.5 57 ly� E N c r O co VI N O U 0 c o 2 — L u) ca u) N a c (.0 0 U 2 L > (0 Q g . o co o 0 Et N r L O O N I - O i (0 E L i O c O 0 L 0 L O c O O �U a) N L 0 co O E N 0 L 0 O U 2 L c 0 0 co O E N 0 L 0 O U 2 L c 0 0 12 L 00 0 0 a) J 0 ti M 2 ct 0 co O i- M O N L N E N > O Z L c O U 2 L V) c 0 0 co O E Construction Duration: 8 co O E Construction Duration: 8 co r co N - O - L L ct O 0 (E co O EO 2 EN UNOo L > 0 'L 0 Q c ¢ Z 0 -0 Q .0 O 0 N t c47.) w = u co co 0 D o co 'I' (./) O 4- N c N 0 L E cca� NEE t/) � N C > O O N > 0 0 <Z O F2 L "E; c2 L L O u) o O u) o O.O.O � O.O .4= 4-� L 4-� 4-� Z 0 U N U U 2 2 � = = L L Q L L 1 ( �- U) L.1� !000 WUU a) L 2 Bond 2012 — Street Schedule E N N N Bond 2012 — Street Schedule 4) o0 Construction Duration: 12 months Yorktown Blvd (Rodd Field to Cimarron) co O E c O E N 00 E r Q > Q Q O O Q O E U) 0 co cn 0 O O Q O O U U > U U L L (3 L L a UU 00 U u_ 'di �-. co co � > � � � (o L < L Et L O to L L O to 0 (0 (1) E N N 4-' N (I) .1- O C O L O O N O O N Jo E CZ ' E ON E o .-.�'E OE .-.o 0 o I co - (\I 41- =� N � N N N E -o �, 0 —, O UN— O00 to L N ANN OCfl ��o oQo 'a Et al zo co�io z -)o QZo N > -t � cco � cLa o cLa E - ° � cL2 � � cL2 Eo= �o= moo= (1) = wo= wow a°o- Q U) U) =C/)0 J U) O U) C/)0 U)0 D c c N c c ° c c O c c c c cx3 c c •-oo Qoo C oo BOO woo E o o (qoo U U U U L U U co O O U U U U N U U M 2 2 4- 2 2 o 2 2 _ 2 2 2 2 2 2 >,= Q L _ / (J co (/) (J (/ (/ CO (/) (n n (/) O c c -0 c c ° cc -0 cc c c c c -cc c - 0 0 • woo ° 0 0 o 0 0 0 0 a ) 0 0 Et 00 (a 00 E00 X00 000 X00 X00 o0U N oO Q Q E � L Z U) 0 H 2 T Bond 2012 — Street Schedule FN@55 1 mm lu Maik2l Fatrn Alz< S 15_99 Cc R.57 F E r1 Bond 2012 — Street Schedule O j O o 0 ca o2 a) O ) 0 > ' Q CO U 0) O Construction Duration: 12 months ca co -a- � 2 , u) O 0 - }' m N 4E° E O (o E a O O 000 pN- a) >>Q.c °u o < o Fa "T3 wu) 0 o00 —oo cnoo O D U O D U O U 2 r_c L L ..� L L V J (7; r n ----o cc c vi cc c-75 U0 m oo 0) CO 0) Q I- J Yorktown Blvd (Rodd Field to Cimarron) L co O E' E c�O N co E r Q c > Q Q o 2< o ct � (% Bond 2012 — Street Schedule I.IC t4n:ie RJ 0 •alrr.,:0 M0-0e I0S4 Cc Re 57 G0R0- Page 11 of 25 Bond 2012 — Street Schedule d- _ ^ - in O ' N E O N E O .-.NN -a a) O U� ON_ N N O O L }r /� �-- O L I..L C/) L = u L Ica= �ca= �(a� Ica &)Q cCOQ 2(/)0 0(/) Mcc cc Qcc )c .00 cLaoo co on coo U U CO U U XV^ 0 0 0 L L ct J L L L L U L (1) "tii (J.) L X00 000 200 alU 0) Q ca o O 0 N = Y J o C1 Construction Duration: 14 months O N o N O -Q c O 0 > /L Z V O (t C O 0 2 o 0 0 i2-� U cn o Et O 2 L O co 0 0 O U 2 L O 0 co O N Et N WE a) > Q 0 0z r N C/) o - U V ) E0 ca L • c • O O N E N a)•LO > Q O O < O r ▪ c 0 co&)0 o Q o 0 U > U U L L L O 00 U LL ci) ^ _ Et - • (/) > (/) t/) t/) N t/) • t/) t/) (1) 0 c O E`- O U) 0 c O 0 O 0 N 0 ooh .cod =NE co Y� • �� E X00 • ONE O U� CO p0 ^pN to �N � J CO >+U CO U �i�0 0Qo �2o ono Oo =Oo Io 2 +- 2 L F 2 J > .t 2 a- c 0 2 c-E L = L = Q U) 0 � cn 0 = U) 0 5 &) 0 c (/) 0 o u) 0 o u) ° TD c `-00 Q00 Coo cc -2oo c2a00 000 0oo 0 > 73 U U 0 U L 0 U � U U m U 0 2 U U Z U U W L L (7 L L L L W L L L L L L L L -in co co C ( ( ( ( �--(7) -(7) ( ( � � 0 c c -oc c O 0 c c ,_cc C c c � c c c c . 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O co 0 E co 0 12 0 0 U 2 L c 0 0 ci) Et 12 co co N c o_ - N - 0 - > +� ,..7. O N t O < O C N O N J E (o E O L E L 0 0 c O Y a� a� >+� co (NI 0 0 .-._a Et c� > O M 0 0 L 2 O 0) O O O = O > (2 J (� a (� o -E L 0 L L L -- y `� O O -2 0 0 L 0 0 0 O U U o U U m U U U 2 Mc 2= 2 2 L L W L L 4--' L L 4--' L m f/) f/) � � � O 0 0 000 W WOO a) O to O0 c00 Q00 QU (a co co co U Z 0 U) U) Construction Duration: 24 months Page 18 of 25 Bond 2012 — Street Schedule 3rd & 4th Quarters .-34 10c t;nz a ft-s 44'Krt¢, f[2 `J .a },oyt a: wmj a ntro MsA 15.1 aim. !o &2n.,. 1692 F1.1666 CoI?349 1 j 666? N 4 64 N Page 19 of 25 Bond 2012 — Street Schedule St to Louisiana Ave) Et CO CO CO (i) CO p Cl) 0 00 —0 N.0 CVD +� ,..7 0 C= Q p C= .-. L O (n CV O CV O co CV O D O O ,— E YaiE �E ��E p €E NN -8 (0 _�� �(0 �CO ACV O p� 0CV O p, s= >.— = >+O co O >+O N O O O O 2 O O O O L Z O F2 0—-E(,2 O -E 0— L -. c 2 (0 0 L VJ O VJ s= � 0 12 0 0 (� O O O O O (� O O 0 O O O +� +� L +� += +� +� L +� +� to �--� +� 4— U U m O O O O m O U = = 2 .— 2 2 .— 2 2 = = Q = = CO L L 4--� L L 4--� L L L L L L L L (n (n (n (n Et o) (n U (n 000 woo w 0 0 N Q Q -c O O c 00 c) c) QOO OO Et o (T3 0 0 0 >, N Cl) O u) u) Y 2 Page 20 of 25 Bond 2012 — Street Schedule N Cla(hv.Cgfl Re Navig I On Iirvd lixse!_' ikxr.W IN 6e, n,112311 3e _. [.[eu! Rd • .°D! I tlizyY CI utt L.,411 SI tmmto Wfk < <Yt 4 5 Page 21 of 25 Bond 2012 — Street Schedule 3t co co O N O E — O N O D L O O ,- E -E 0p -a E NN _a� E00 O N .— >, ' N > CO O 0 0 = O O � Z O co O E U)0 (� v� coU)0 cc)0 L o o 0.0 0 D 0 0 4 2 U U 2 O t 31 , 1 to U U L L 4--� L L L L L m ( U) U) O cn cn 0 0 0 w O O -c -coo (0 co ›, U O 0 U) 2 Page 22 of 25 Bond 2012 — Street Schedule Y1 rdcKn., as W0J FMr.65 1>ni 10 x.101001 15110 . 31n. 10 000011690 Cr 0- E x Page 23 of 25 Bond 2012 — Street Schedule co O E N O L E ti p N co U 2O o O -E co u) o p .O O 2 U U '4-^-� L L V J N O O a U ca Page 24 of 25 Bond 2012 — Street Schedule 4) CO (a 0 Cc CO 00 00000 4[1 IeJ FMfFS �WO) IC Markel -0, Farn E0 M&,001699= ICI Page 25 of 25 AGENDA MEMORANDUM for the City Council Meeting of December 11, 2012 DATE: TO: November 27, 2012 Ronald L. Olson, City Manager FROM: Daniel Biles, P.E. Director of Engineering Services DanB @cctexas.com 361- 826 -3729 UPDATE TO CITY COUNCIL FEMA's Preliminary Flood Insurance Rate Map Update STAFF PRESENTER(S): Name 1. Daniel Biles, P.E. 2. Mark Van Vleck OUTSIDE PRESENTER(S): Name 1. 2. 3. BACKGROUND : Title /Position Director Interim Director Department Engineering Services Development Svcs Title /Position Organization The Federal Emergency Management Agency (FEMA) is currently working to prepare Preliminary Flood Insurance Rate Maps (FIRMs) for Nueces County, Texas. This study will produce Flood Insurance Rate Maps (FIRMs) and a Flood Insurance Study (FIS) for the county area, including the City of Corpus Christi. FEMA has provided the City of Corpus Christi with working copies of the draft FIRM's in February 2012. In November 2012, FEMA has accommodated the City's request to provide community access to the working copies of the preliminary FIRM's for areas within the Corpus Christi City limits in advance of FEMA's official release of the Preliminary FIRM release for public input and comment. This presentation will outline FEMA's upcoming schedule for Preliminary FIRM release, provide information on the working copies of the preliminary FIRM's, and an update on the City of Corpus Christi's efforts towards finalizing and adopting the Draft Storm Water Master Plan. LIST OF SUPPORTING DOCUMENTS: Supporting Documentation PowerPoint Council Presentation C1 "C.)-1 r ct CO rai ,� ti cam) •.' ••, ,- ci) ct 0-4 "c78 ct ccA • S-1) E 1-1 E • = . "-I ci-i . . ro o ° o E ,.zi 0 Ct 1040 °o a, o o', ct E ',-c) "Ci P4 . 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E E COCIZi U '� v ,_ ct .$2, rci,„ 4ct LL-h) .,-1° "2 7kh ,-th ,-711 re 1 p.,c) r-,-,d ati 0 ra, 0 c� cc . a) O = a) .,,cii) ,7i 0 .c,-/ t-1 ecl.)r-1 a ° 0 CO 7)1 ' ct ,- , ,� `a-' �' -� a ,� �' E==•- O) CL) WO "0 Ci) Ci COCt Vi CA▪ CIC: , 0 .4 e'rtc)r-1 +L-h) icj ,- ro . c) 0 r, �� ' c O o ° w : w sa, O ° w . . . . • For more information visit FEMA's website at: .txchart.com/ •r_h c O 0 O Q U co S O O N U '(F) ED t D U a0 AA c O 0 O Q U c m 0 0 c O fi N o- u- AA • CO O N O1 C (a c ID N N o- u- AA