Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet City Council - 03/24/2015
Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, March 24, 2015 11:30 AM 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 12:00 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 Reverend Gloria Lear, First United Methodist Church. C. Pledge of Allegiance to the Flag of the United States to be led by Steve Viera, Benefits Manager. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 15-0288 Proclamation declaring March 27-29, 2015, "Corpus Christi Festival of the Arts" Proclamation declaring March 28, 2015, "The 16th Annual Celebration of Cesar Chavez Day" Swearing-in Ceremony for Newly Appointed Board, Commission and Committee Members Swearing-in Ceremony for Newly Appointed Municipal Court Judges Corpus Christi Page 1 Printed on 3/19/2015 City Council Meeting Agenda - Final March 24, 2015 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER H. EXECUTIVE SESSION: (ITEMS 2 - 4) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. 2. 15-0275 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal matters including pending or contemplated litigation regarding Cause No. 2013 -DCV -4206-C, styled Valero Refining -Texas, LP and Valero Refining Company vs. Nueces County Appraisal District, with additional discussion and possible action in open session. 3. 15-0289 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding fire collective bargaining negotiations, the Agreement between the City of Corpus Christi and the Corpus Christi Firefighters Association and/or police association, with possible discussion, resolution(s), and other actions in open session Corpus Christi Page 2 Printed on 3/19/2015 City Council Meeting Agenda - Final March 24, 2015 concerning any matters related thereto. 4. 15-0291 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal requirements of the Texas Local Government Code and other Texas laws regarding the various legally allowed methods of purchasing insurance, including possible utilization of the RFP Broker/Agent of Record method and minimum allowable timelines for said utilization, with additional discussion and possible action in open session regarding any aspect of purchasing property insurance, utilizing a particular method for acquiring insurance or broker services or other issues related to the acquisition of insurance coverage. I. MINUTES: 5. 15-0287 Regular Meeting of March 10, 2015 Attachments: Minutes - March 10, 2015 J. BOARD & COMMITTEE APPOINTMENTS: 6. 15-0286 Board of Adjustment Building Standards Board Corpus Christi Regional Transportation Authority Electrical Advisory Board Island Strategic Action Committee Landmark Commission Museum of Science and History Advisory Board Senior Companion Program Advisory Committee Attachments: Board & Commission Appointments - March 24, 2015 K. 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. L. CONSENT AGENDA: (ITEMS 7 - 17) 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. Corpus Christi Page 3 Printed on 3/19/2015 City Council Meeting Agenda - Final March 24, 2015 7. 15-0129 Authorizing a grant application submission for funding available under the Victims of Crime Act Fund Resolution authorizing the submission of a grant application in the amount of $90,366.92 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit with a city match of $18,592.68 and $4,000 in-kind services for a total project cost of $112,959.60; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Attachments: Agenda memo - VOCA 03.10.2015 Resolution - VOCA GRANT 2015 8. 15-0130 Authorizing a grant application submission to fund year 3 of the Victim Outreach Program Resolution authorizing the submission of a grant application in the amount of $78,273.18 to the State of Texas, Criminal Justice Division Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit to continue Year 3 of the Victim Outreach Program with a City match of $13,368.30 and $6,200 in-kind services, for a total project cost of $97,841.48; and authorizing the City Manager or designee to apply for, accept, reject, alter, or terminate the grant. Attachments: Agenda Memo - VOCA Outreach 03.10.2015 Resolution - VOCA GRANT Victims outreach 2015 (revised) 9. 15-0205 Approving the Purchase of Radar Equipment Motion approving the purchase of twenty (20) ProLaser radars for the Corpus Christi Police Department in the amount of $65,335.60 from Kustom Signals, Inc. Chanute, KS. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments (HGAC). Funds are available through the Crime Control and Prevention District. Attachments: Agenda Memo - Radar Equipment Price Sheet - Radar Equipment.pdf 10. 15-0153 Approving the Lease -Purchase of Aerial Platform Vehicle Unit Motion approving the lease -purchase of one (1) aerial platform vehicle unit from Siddons-Martin Emergency Group, Houston, Texas for a total amount of $1,199,000.00, of which $21,199.88 is required for the remainder of FY 2014-2015. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Financing for the lease -purchase will be provided through the City's lease -purchase financing contractor. Corpus Christi Page 4 Printed on 3/19/2015 City Council Meeting Agenda - Final March 24, 2015 Attachments: Agenda Memo - Aerial Platform Price Sheet - Aerial Platform 11. 15-0165 Approving the Purchase of the Learning Management Subscription Licenses Motion authorizing the City Manager or designee, to approve a five year agreement for the purchase of Learning Management Subscription licenses and consulting hours from INFOR (US), Inc., Alpharetta, GA in the amount of $257,688. Expenditures for the first year total $97,688 that includes $57,688 in consulting hours and an annual subscription licenses of $40,000. Funds are available in the Human Resources FY2015 budget and the annual subscription licenses of $40,000 will be requested through the budget process for subsequent years. Attachments: Agenda Memo - INFOR LMS Order Form - INFOR Statement Of Work - INFOR 12. 15-0166 Approving the Purchase of Additional Licenses to a Subscription of Curated Online Courses through OpenSesame Motion authorizing the City Manager or designee to execute all documents necessary to approve the purchase of additional subscription service licenses provided sole source from Open Sesame Inc, Portland OR, for a total expenditure of $74,580 for the subscription service for one (1) year. Funds are available in the Human Resources FY2015 budget. Attachments: Agenda Memo - Open Sesame Content Order Form - OpenSesame Implementation Information - OpenSesame Catalog of Courses - OpenSesame 13. 15-0212 Approving a resolution opposing a Revenue Cap and Legislative Interference with Local Services Resolution of the City of Corpus Christi, Texas, in opposition to a Revenue Cap and Legislative Interference with Local Services. Attachments: Agenda Memo - 84R Oppose Revenue Cap Resolution - 84R Oppose Revenue Cap 14. 15-0178 Second Reading Ordinance - Amending the Unified Development Code to increase the self -storage use compartment size limitation (1st Reading 3/10/15) Ordinance amending the Unified Development Code ("UDC") by revising Section 5.2.14.0 allowing an increase in self -storage use compartment Corpus Christi Page 5 Printed on 3/19/2015 City Council Meeting Agenda - Final March 24, 2015 sizes from 400 square feet to 500 square feet; and providing for severance, penalties, and publication. Attachments: Agenda Memo - UDC Text Amendment, Self -Storage Ordinance - UDC Text Amendment, Self -Storage 15. 15-0200 Second Reading Ordinance - Rezoning from Farm Rural to Single -Family on Tract 1 and to Commercial on Tract 2 at 714 FM 2444 (1st Reading 3/10/15) Case No. 0115-06 South Staples LLC: A change of zoning from the "FR" Farm Rural District to the "RS -15" Single -Family 15 District on Tract 1 and from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District on Tract 2. Tract 1 is described as being an 8.57 acre tract out of a 78.76 acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts. Tract 2 is described as being a 5.22 acre tract out of a 78.76 acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts. The properties are located at the northwest corner of South Staples Street (FM 2444) and County Road 41A. Planning Commission and Staff Recommendation (February 11, 2015): Tract 1: Denial of the rezoning from the "FR" Farm Rural District to "RS -15" Single -Family 15 District and, in lieu thereof, approval of the "RS-22/SP" Single -Family 22 District with a Special Permit subject to a site plan and conditions. Tract 2: Approval of the rezoning from the "FR" Farm Rural District to "CN -1" Neighborhood Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by South Staples, LLC ("Owner"), by changing the UDC Zoning Map in reference to Tract 1, being an 8.57 -acre tract out of a 78.76 -acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts, and Tract 2, being a 5.22 -acre tract out of a 78.76 -acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts, from the "FR" Farm Rural District to the "RS-22/SP" Single -Family 22 District with a Special Permit on Tract 1; and from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 6 Printed on 3/19/2015 City Council Meeting Agenda - Final March 24, 2015 Attachments: Agenda Memo - South Staples LLC Ordinance - South Staples LLC Ordinance SP - South Staples LLC Presentation - South Staples, LLC Zoning Report - South Staples, LLC 16. 15-0182 Second Reading Ordinance - Closing a portion of a utility easement located east of and at the dead-end of the Lands' End Drive public street right-of-way (1st Reading 3/10/15) Ordinance abandoning and vacating a 925 -square foot portion of an existing 10 -foot wide utility easement out of Lot 32A, Block 16, Rancho Vista Subdivision Unit 8, located east of and at the dead-end of the Lands' End Drive public street right-of-way; and requiring the owner, Yorktown Oso Venture, to comply with the specified conditions. Attachments: Agenda Memo - Rancho Vista Unit 8 Ordinance - Rancho Vista Unit 8 17. 15-0158 Second Reading Ordinance - Engineering Construction Contract for Cefe Valenzuela Landfill Disposal Sector 1B and 1C Re -Bid (1st Reading 3/10/15) Ordinance amending the FY 2015 Capital Improvement Program Budget adopted by Ordinance No. 030303 by transferring $580,749.23 from Sanitary Landfill 2006 CIP Fund 3362 project reserves to Project E13035 Cefe Valenzuela Landfill Disposal Sector 1B and 10; transferring 74,250.77 from Sanitary Landfill 2008 CIP Fund 3365 project reserves to Project E13035 Cefe Valenzuela Landfill Disposal Sector 1B and 10; increasing the budget by $655,000; and authorizing the City Manager, or designee, to execute a construction contract with LD Kemp Excavating, Inc. of Fort Worth, Texas in the amount of $3,425,921.00 for the Cefe Valenzuela Landfill Disposal Sector 1B and 10 Re -Bid for the total Base Bid plus Additive Alternate 1. Attachments: Agenda Memo - CVL Disposal Sector 1B 10 Ordinance - CVL Disposal Sectior 1B 10 Project Budget - Cefe Location Map - CVL Disposal Sector 1B 10 Presentation - Cefe Valenzuela M. PUBLIC HEARINGS: (ITEMS 18 - 20) 18. 15-0235 Public Hearing and First Reading Ordinance - Rezoning from Multifamily to Resort Commercial at 221 Hotel Place Case No. 0115-07 North Beach Holdings, LLC: A change of zoning from Corpus Christi Page 7 Printed on 3/19/2015 City Council Meeting Agenda - Final March 24, 2015 the "RM -AT" Multifamily AT District to the "CR -3" Resort Commercial District. The property to be rezoned is described as Lot 52A, Block III, Corpus Beach Hotel Addition, located along the south side of Hotel Place approximately 180 feet east of Surfside Boulevard and along the beach frontage. Planning Commission and Staff Recommendation (February 25, 2015): Approval of the change of zoning rezoning from the "RM -AT" Multifamily AT District to the "CR -3" Resort Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by North Beach Holdings, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 52A, Block III, Corpus Beach Hotel Addition, from the "RM -AT" Multifamily AT District to the "CR -3" Resort Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - North Beach Holdings, LLC Ordinance - North Beach Holdings, LLC Presentation - North Beach Holdings, LLC Zoning Report - North Beach Holdings, LLC 19. 15-0238 Public Hearing and First Reading Ordinance - Rezoning from Neighborhood Commercial to General Commercial at 4655 Kostoryz Road Case No. 0115-08 David A. Montero Fonseca:A change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Plan. The property is described as Block B, Sunnybrook Addition, located at the northwest corner of Kostoryz Road and Sunnybrook Road. Planning Commission and Staff Recommendation (February 25, 2015): 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 David A. Montero Fonseca ("Owner"), by changing the UDC Zoning Map in reference to Block B, Sunnybrook Addition, 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 and publication. Corpus Christi Page 8 Printed on 3/19/2015 City Council Meeting Agenda - Final March 24, 2015 Attachments: Agenda Memo - David A. Montero Fonseca Ordinance - David A. Montero Fonseca Presentation - David A. Montero Fonseca Zoning Report - David A. Montero Fonseca 20. 15-0240 Public Hearing and First Reading Ordinance - Rezoning from Multifamily to Townhouse at 14101 Commodores Drive Case No. 0115-09 Oceanic B.C., LLC: A change of zoning from the "RM -AT" Multifamily AT District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay. The property to be rezoned is described as Lot 21, Block 34, Island Fairway Estates, located south of the intersection of Commodores Drive and Aquarius Street (formerly Estrada Drive). Planning Commission and Staff Recommendation (February 25, 2015): Approval of the change of zoning from the "RM -AT" Multifamily AT District to the "RS-TH/PUD" Townhouse with a Planned Unit Development Overlay, subject to ten conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC") upon application by Oceanic B.C., LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 21, Block 34, Island Fairway Estates, from the "RM -AT" Multifamily AT District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. Attachments: Agenda Memo - Oceanic B.C., LLC Ordinance - Oceanic B.C., LLC Presentation - Oceanic B.0 Zoning Report - Oceanic B.C., LLC N. REGULAR AGENDA: (NONE) The following items are motions, resolutions and ordinances that will be considered and voted on individually. O. MID -YEAR BUDGET ADJUSTMENTS: (ITEMS 21 - 24) 21. 15-0268 First Reading Ordinance - Amending the Budget Ordinance to increase the number of Police Captain positions by one Ordinance amending Ordinance No. 030294 to increase the number of positions authorized for the classification of "Police Captain" from fifteen (15) to sixteen (16). Corpus Christi Page 9 Printed on 3/19/2015 City Council Meeting Agenda - Final March 24, 2015 Attachments: Agenda memo - Captain position 03.24.2015 ( Revised BB) Ordinance - Increase Captain Positions - 2015 22. 15-0209 First Reading Ordinance - Appropriating Funds to Cover Additional Estimated Costs Related to December of 2014's Runoff Election Ordinance appropriating a total of $176,712 from the unreserved fund balance in the No. 1020 General Fund for additional estimated costs related to the runoff election held in December 2014; and changing the operating budget adopted by Ordinance No. 030294 by increasing expenditures by $176,712. Attachments: Agenda Memo - City Secretary Appropriation for Runoff Election Approved Resolution in Minutes - Page from 12.16.14 Minutes Item 54 Ordinance - Approp-1020General-CS Runoff Election 23. 15-0225 First Reading Ordinance - Appropriating funds for the Residential/Local Street Capital Fund for Residential/Local Street Reconstruction Ordinance appropriating $1,000,000 from the Unreserved Fund Balance in the No. 1020 General Fund; tranferring to and appropriating in the No. 1042 Street Fund for the residential and local street program; changing the FY 2014-2015 Operating Budget adopted by ordinance no. 030294 to increase appropriations by $1,000,000 in the No. 1020 General Fund and $1,000,000 in the No. 1042 Street Fund and to increase revenue by $1,000,000 in the No. 1042 Street Fund. Attachments: Agenda Memo Residential and Local Street Fund Ordinance Residential and Local Street Fund vFinal2 Approved Resolution - 030265 24. 15-0170 First Reading Ordinance - Appropriating funds for the Facilities and Property Management Maintenance Consolidation Ordinance transferring $459,104.37 from the No. 1020 General Fund to and appropriating in the No. 5115 Facilities Fund; transferring $53,206.02 from the No. 4130 Gas Fund to and appropriating in the No. 5115 Facilities Fund; appropriating $1,100,000 from the unreserved fund balance in the No. 5115 Facilities Fund to consolidate maintenance related costs in the No. 5115 Facilities Fund; and amending the FY2014-2015 Operating Budget adopted by Ordinance No. 030294 by increasing revenue by $512,310.39 and expenditures by $1,612,310.39. Attachments: Agenda Memo - Maintenance Consolidation Ordinance - Facilities and Property Mgmt Maintenance Consolidation v6 P. FIRST READING ORDINANCES: (ITEMS 25 - 30) Corpus Christi Page 10 Printed on 3/19/2015 City Council Meeting Agenda - Final March 24, 2015 25. 15-0223 First Reading Ordinance - Accepting and appropriating funds from the Texas Law Enforcement Standards and Education (LEOSE) Account for training and equipment Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an annual allocation payment from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of $28,936.41; and appropriating funds from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of $28,936.41 in the No. 1061 Police Grants Fund for training of police personnel and purchase of training equipment. Attachments: Agenda Memo - LEOSE approp 03.17.2015 Ordinance - LEOSE funds 2015 Award letter 2015 - LEOSE funds 26. 15-0234 First Reading Ordinance - Use Privilege Agreement for Underground Communications Cable to cross Williams Drive right-of-way Ordinance authorizing the City Manager or designee, to execute a use privilege agreement with Breckenridge Group Corpus Christi Phase II, LP. ("Permittee"), to install, operate, maintain, and remove a private underground fiber optic communications cable from the existing Phase 1 property (Oso River Estates Subdivision) located on the north side of Williams Drive and crossing approximately 70 linear feet of the Williams Drive public street right-of-way, to the Phase 2 property (Oso River Estates Unit 2 Subdivision) located on the south side of Williams Drive, subject to Permittee' compliance with specified conditions. Attachments: Agenda Memo - Breckenridge Group Ordinance - Breckenridge Group Use Privilege Agreement - Breckenridge Group 27. 15-0188 First Reading Ordinance - to reimburse developer for shared cost of bridge construction Ordinance appropriating $3,294.94 of interest earned in the No. 4730 Infrastructure Fund and transferring to and appropriating in No. 3530 Streets CIP Fund; and appropriating $28,783.91 from the No. 4730 Infrastructure Fund to reimburse VOJO Ventures, LLC.; and approving $28,783.91 to reimburse the VOJO Ventures, LLC. from the No. 4730 Infrastructure Fund for the proportionate share of a future bridge construction and supporting public utility infrastructure as required to plat The Coves at Lago Vista Unit 1. Corpus Christi Page 11 Printed on 3/19/2015 City Council Meeting Agenda - Final March 24, 2015 Attachments: Agenda Memo - VOJO Ventures, LLC Ordinance - Coves at Lago Vista Unit 1 Deferment Agreement - Bridge Construction Coves © Lago Vista Participation Agreement - Coves at Lago Vista Unit 1 28. 15-0245 First Reading Ordinance - To allow the City to reimburse itself for costs incurred prior to receipt of bond proceeds for Bond 2014 Projects 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 one or more series of tax-exempt obligations to be issued by the City for authorized purposes in an amount not to exceed $99,495,000; authorizing other matters incident and related thereto; and providing an effective date. Attachments: Agenda Memo - Reimbursement Ordinance for Bond 2014 3-24-15 Ordinance - Reimbursement for Bond 2014.pdf 29. 15-0246 First Reading Ordinance - Authorizing Issuance of General Improvement Bonds to finance voter -approved Bond 2014 Projects Ordinance authorizing the issuance of one or more series of "City of Corpus Christi, Texas General Improvement Bonds", as further designated by series, in an aggregate principle amount not to exceed $99,495,000; levying a continuing direct 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 and a purchase contract; complying with the letter of representations on file with the depository trust company; delegating the authority to 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 - Issuance of Bond 2014 GO Bonds 3-24-15.pdf Ordinance - General Improvement.pdf 30. 15-0247 First Reading Ordinance - Authorizing the Issuance of General Improvement Refunding Bonds Ordinance authorizing the issuance of one or more series of "City of Corpus Christi, Texas General Improvement Refunding Bonds", as further designated by series, in an aggregate principal amount not to exceed $85,000,000, levying a continuing direct 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; Corpus Christi Page 12 Printed on 3/19/2015 City Council Meeting Agenda - Final March 24, 2015 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 agreement; complying with the letter of representations on file with the depository trust company; delegating the authority to 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 - Issuance of GO Refunding Bonds 3-24-15.pdf Ordinance - General Improvement Refunding Bonds.pdf Q. FUTURE AGENDA ITEMS: (ITEMS 31 - 33) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 31. 15-0244 Appointment of Financial Advisor for Issuance of General Improvement Bond (Bond 2014 Projects) and General Improvement Refunding Bonds Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for one or more series of "City of Corpus Christi, Texas General Improvement Bonds" in an aggregate principal amount not to exceed $99,495,000, and for one or more series of "City of Corpus Christi, Texas General Improvement Refunding Bonds" in an amount not to exceed $85,000,000. Attachments: Agenda Memo - FA for Issuance of Bond 2014 GO Bonds 3-24-15.pdf Exhibit A - Financial Advisor Fee Schedule.pdf 32. 15-0270 Approving amended Type A Board Affordable Housing Goals and Strategies Motion to approve amended Type A Board Affordable Housing Goals and Strategies Attachments: Agenda Memo - Motion to approve amended Type A Board Affordable Housing Goals & Strategies - Corpus Christi Business and Job Development Corporatior 33. 15-0206 Approving Amendment No. 5 and Amendment No. 1 to the Engineering Contracts for the City -Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity (IDIQ) Program for Wastewater Motion authorizing the City Manager or designee to execute Amendment No. 5 to the engineering contract with LNV, Inc. of Corpus Christi, Texas in the amount of $238,550 for a total restated fee not to exceed $542,470 and to execute Amendment No. 1 to the engineering contract with Urban Engineering of Corpus Christi, Texas in the amount of $120,880 for a total restated fee not to exceed $241,760 for the City -Wide Collection System Replacement and Rehabilitation Indefinite Corpus Christi Page 13 Printed on 3/19/2015 City Council Meeting Agenda - Final March 24, 2015 Delivery/Indefinite Quantity (IDIQ) Program. Attachments: Agenda Memo - WW IDIQ Prosect Budget - WW IDIQ Location Map - WW IDIQ Presentation - WW IDIQ Contract - LNV WW IDIQ Contract - Urban WW IDIQ R. BRIEFINGS: (ITEMS 34 - 35) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. 34. 15-0176 City of Corpus Christi - Debt Attachments: Agenda Memo - Debt Presentation.pdf Presentation - Debt 3 24 15 35. 15-0210 Water Rate - Debt Attachments: Agenda Memo - Water Rate - Debt Presentation - Water Rate - Debt S. LEGISLATIVE UPDATE: This item is for Council's informational purposes only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. T. ADJOURNMENT Corpus Christi Page 14 Printed on 3/19/2015 Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, March 10, 2015 11:30 AM 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. A. Mayor Nelda Martinez to call the meeting to order. Mayor Pro Tem Chad Magill called the meeting to order. B. Invocation to be given by Minister Eddie Rodriguez, Church of Christ. Minister Eddie Rodriguez gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Stacie Talbert Anaya, Interim Director of Parks and Recreation. Fire Chief Robert Rocha led the Pledge of Allegiance. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Ron Olson, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Present: 8 - Council Member Rudy Garza,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas,Council Member Lucy Rubio,Council Member Brian Rosas,Council Member Mark Scott, and Council Member Carolyn Vaughn Absent: 1 - Mayor Nelda Martinez E. Proclamations / Commendations 1. Proclamation declaring March 13th, 20th, and 27th, 2015, "Fill the Boot for Muscular Dystrophy Association Days" Mayor Pro Tem Magill presented the proclamation. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Pro Tem Magill referred to City Manager's Comments. City Manager Corpus Christi Page 1 Printed on 3/19/2015 City Council Meeting Minutes March 10, 2015 Olson discussed the following topics: a. OTHER 1) City Manager Olson announced that Item 22 was withdrawn from the agenda. 2) City Manager Olson recognized the City employees' charitable donations to United Way and stated that he was proud of the City employees for supporting the community. I. MINUTES: 9. Regular Meeting of February 24, 2015 Mayor Pro Tem Magill called for approval of the minutes. Council Member Garza made a motion to approve the minutes, seconded by Council Member Rubio and passed unanimously. J. BOARD & COMMITTEE APPOINTMENTS: (NONE) K. EXPLANATION OF COUNCIL ACTION: L. CONSENT AGENDA: (ITEMS 10 - 13) Approval of the Consent Agenda Mayor Pro Tem Magill referred to the Consent Agenda. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the consent agenda items, seconded by Council Member Scott. The consent agenda was passed with the following vote: Aye: 8 - Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Mayor Martinez Abstained: 0 10. Authorizing State of Texas, Criminal Justice Division grant application Resolution authorizing the submission of a grant application in the amount of $46,194.48 to the State of Texas, Criminal Justice Division, for funding available under the Violence Against Women Act (VAWA) fund for the Police Department's Family Violence Unit with a city match of $19,354.48, an in-kind match of $5,520, for a total project cost of $71,068.96; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. This Resolution was passed on the Consent Agenda. Enactment No: 030439 Corpus Christi Page 2 Printed on 3/19/2015 City Council Meeting Minutes March 10, 2015 11. Authorizing Texas Parks & Wildlife Department grant application for improvements at West Guth Park 12. 13. Resolution authorizing the City Manager or designee to apply for a Texas Parks & Wildlife Local Grant Program for West Guth Park in amount of $400,000 with City matching funds of $400,000. This Resolution was passed on the Consent Agenda. Enactment No: 030440 Second Reading Ordinance - Rezoning from commercial with a special permit to light industrial at 10328 Interstate Highway 37 access road (1st Reading 2/24/15) Case No. 0115-05 Hayden Partners LLC: A change of zoning from the "CG-2/SP" General Commercial District with a Special Permit for a warehouse use to the "IL" Light Industrial District, resulting in a change to the Future Land Use Plan from commercial to industrial uses. The property is described as Lot 2, Block 3, River Square Unit 1, located along the north side of Interstate Highway 37 Access Road at the southeast corner of Turtle Creek Boulevard and River Run Boulevard. Planning Commission and Staff Recommendation (January 28, 2015): Denial of the change of zoning to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG-2/SP" General Commercial District with a Special Permit subject to a site plan and ten conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Hayden Partners LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 2, Block 3, River Square Unit 1, from the "CG-2/SP" General Commercial District with a Special Permit for a warehouse use to the "CG-2/SP" General Commercial District with a Modified Special Permit for a warehouse use; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030441 Second Reading Ordinance - Appropriating reimbursement from Texas State Library and Archives Commission (1st Reading 2/24/15) Ordinance appropriating reimbursement received from the Texas State Library and Archives Commission for participation in Interlibrary Loan Program in the amount of $21,898.50 into the General Fund No. 1020, Corpus Christi Page 3 Printed on 3/19/2015 City Council Meeting Minutes March 10, 2015 La Retama Central Library Organization No. 12800, to be used for library technology services; and Changing the FY14-15 Operating Budget adopted by Ordinance No. 030294 by increasing revenue and expenditures by $21,898.50 each. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030442 M. PUBLIC HEARINGS: (ITEMS 14 - 15) 14. 15. Public Hearing and First Reading Ordinance - Amending the Unified Development Code to increase the self -storage use compartment size limitation Ordinance amending the Unified Development Code ("UDC") by revising Section 5.2.14.0 allowing an increase in self -storage use compartment sizes from 400 square feet to 500 square feet; and providing for severance, penalties, and publication. Mayor Pro Tem Magill referred to Item 14. Director of Development Services Dan Grimsbo stated that the purpose of this item is to amend the Unified Development Code's limitation on compartment sizes for self -storage uses. Mr. Grimsbo stated that the Planning Commission and staff are in favor of the text amendment. Mayor Pro Tem Magill opened the public hearing. There were no comments from the public. Mayor Pro Tem Magill closed the public hearing. A council member thanked staff for addressing this issue. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Scott. This Ordinance passed on first reading and approved with the following vote: Aye: 8 - Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Mayor Martinez Abstained: 0 Public Hearing and First Reading Ordinance - Rezoning from Farm Rural to Single -Family on Tract 1 and to Commercial on Tract 2 at 714 FM 2444 Case No. 0115-06 South Staples LLC: A change of zoning from the "FR" Farm Rural District to the "RS -15" Single -Family 15 District on Tract 1 and from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District on Tract 2. Tract 1 is described as being an 8.57 acre tract out of a 78.76 acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts. Tract 2 is described as being a 5.22 acre tract out of a 78.76 acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts. The properties are located at the northwest corner of South Staples Street (FM 2444) and Corpus Christi Page 4 Printed on 3/19/2015 City Council Meeting Minutes March 10, 2015 County Road 41A. Planning Commission and Staff Recommendation (February 11, 2015): Tract 1: Denial of the rezoning from the "FR" Farm Rural District to "RS -15" Single -Family 15 District and, in lieu thereof, approval of the "RS-22/SP" Single -Family 22 District with a Special Permit subject to a site plan and conditions. Tract 2: Approval of the rezoning from the "FR" Farm Rural District to "CN -1" Neighborhood Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by South Staples, LLC ("Owner"), by changing the UDC Zoning Map in reference to Tract 1, being an 8.57 -acre tract out of a 78.76 -acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts, and Tract 2, being a 5.22 -acre tract out of a 78.76 -acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts, from the "FR" Farm Rural District to the "RS-22/SP" Single -Family 22 District with a Special Permit on Tract 1; and from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Pro Tem Magill referred to Item 15. Director of Development Services Dan Grimsbo stated that the purpose of this item is to rezone the subject property to allow for construction of single-family on Tract 1 and neighborhood commercial on Tract 2. Mr. Grimsbo stated that the Planning Commission and staff recommend denial of the rezoning of Tract 1 from "FR" Farm Rural District to "RS -15" Single -Family 15 District and, in lieu thereof, approval of the "RS-22/SP" Single -Family 22 District with a Special Permit subject to a site plan and conditions; and approval of the rezoning of Tract 2 from "FR" Farm Rural District to "CN -1" Neighborhood Commercial District. Mayor Pro Tem Magill opened the public hearing. There were no comments from the Council or the public. Mayor Pro Tem Magill closed the public hearing. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Scott. This Ordinance passed on first reading and approved with the following vote: Aye: 8 - Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Mayor Martinez Abstained: 0 N. REGULAR AGENDA: (ITEM 16) Corpus Christi Page 5 Printed on 3/19/2015 City Council Meeting Minutes March 10, 2015 16. Approving grant funds for the rehabilitation of the La Armada II Public Housing Complex Motion approving grant funds for the rehabilitation of the La Armada II Public Housing Complex, and authorizing the City Manager or his designee to execute an affordable housing agreement with the Corpus Christi Housing Authority. Mayor Pro Tem Magill referred to Item 16. Director of Housing and Community Development Eddie Ortega stated that the purpose of this item is to approve grant funding for the rehabilitation of the La Armada 11 Public Housing Complex. There were no comments from the public. Council members spoke regarding the following topics: an explanation of the language in the contract referring to the release of funding; the funding for this fiscal year; and discussion regarding the Corpus Christi Housing Authority's property on Everhart Road and the reason the Corpus Christi Housing Authority is not selling this asset. Gary Allsup, President of the Corpus Christi Housing Authority (CCHA) stated that the Corpus Christi Housing Authority Board recognizes the value of the Thanksgiving Homes property and has decided to keep the property as an asset to address future affordable housing needs. Mr. Ortega provided the Council with an amendment to Section 4. Terms of Project Agreement, Subsection c. which reads as follows: The $350,000 in affordable housing funds will be awarded immediately upon the CCHA providing the City proof that the $4,800,000 in funds from various federal programs have been secured and are available for expenditure on the Project; the $150,000 will be awarded on October 1, 2015 or as soon as possible after the adoption of the FY 2015-2016 Type A budget, upon the expected future allocation of funds by the Type A Board to the City. The parties recognize that appropriation of the future funds, budget approval, and a decision by the Type A to transfer sufficient funds to the City for affordable housing in FY 2015-2016 are within the sole discretion of the Type A Board. By execution of the Agreement, the City does not represent that these actions will occur. All of these actions are further subject to City Council approval. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30 annually, is subject to appropriations and budget approval covering this Agreement as expenditure in said budget; however, it's within the sole discretion of the City Council of the City to determine whether to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. Council Member McIntyre made a motion to include the new language in Section 4 (c) of the contract, seconded by Council Member Riojas and passed. This Motion was passed as amended and approved with the following vote: Aye: 8 - Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Mayor Martinez Abstained: 0 Enactment No: M2015-024 Corpus Christi Page 6 Printed on 3/19/2015 City Council Meeting Minutes March 10, 2015 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. 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. Mayor Pro Tem referred to comments for the public. Jack Gordy spoke regarding the removal of palm trees on Airline Road. Rudy Medina spoke regarding the replacement of the fence behind his property and code enforcement. Cathy Huebner spoke in support of the City's initiatives for reducing water consumption and requested that the City Council include Lake Texana to the combined reservoir system. Joe Lawrence Zulea spoke regarding water and water related issues. Leonel Rios thanked the City Council for supporting veterans and asked for support in establishing a veterans home in Corpus Christi. Jerry Garcia requested support for Southside Baseball and the westside area. H. EXECUTIVE SESSION: (ITEMS 2 - 8) 2. 3. Mayor Pro Tem Magill referred to the day's executive sessions. Mayor Pro Tem Magill stated that City Council would handle Item 8 first in executive session and would return then reconvene to executive session. The Council went into executive session. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to negotiations with the U.S. Environmental Protection Agency concerning its proposals regarding the City's sanitary sewer system,with possible action and discussion in open session. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to negotiations for economic development incentives with a commercial retailer; pursuant to Texas Government Code § 551.087 to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations and/or financial or other incentives involving said business prospect, including but not limited to negotiations for economic development incentives with a commercial retailer; with possible action and discussion in open session. 4. Executive Session pursuant to Texas Government Code § 551.072 concerning the purchase, exchange, lease or value of real Corpus Christi Page 7 Printed on 3/19/2015 City Council Meeting Minutes March 10, 2015 5. 6. 7. 8. property (including areas on or adjacent to McArdle Road) with possible action and discussion in open session. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning SOAH Docket No. 473-15-1931.WS, PUC Docket Number 44050 and wholesale water sales related litigation, with possible action and discussion in open session. Enactment No: M2015-023 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding fire collective bargaining negotiations, the Agreement between the City of Corpus Christi and the Corpus Christi Firefighters Association and/or police association, with possible discussion, resolution(s), and other actions in open session concerning any matters related thereto. Executive session pursuant to Texas Government Code § 551.076 concerning security personnel and devices, with possible discussion, resolution(s), and other actions in open session concerning any matters related thereto. Executive session pursuant to Texas Government Code Section 551.074 Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of all Municipal Court Judges with possible discussion and action in open session. Mayor Pro Tem Magill referred to Item 8 and stated that the following ordinance was discussed in executive session: Ordinance appointing Young Min Burkett, Ray A. Gonzalez, Inna Rogoff-Klein, Gail Loeb, Patrick O'Hare, and Mike James Alaniz as Municipal Judges of the Municipal Court of Record in the City Of Corpus Christi, Texas; appointing Gail Loeb as the Presiding Judge; appointing Jerry L. Batek, Jacqueline Del Llano Chapa, Christopher E. Matt, Todd A. Robinson and David Walsh as Part -Time Judges of the Municipal Court of Record in the City Of Corpus Christi; determining salary; providing a term of office; declaring an effective date of March 24, 2015. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Rosas. This Ordinance was passed and approved with the following vote: Aye: 5 - Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio and Council Member Rosas Nay: 3 - Council Member Riojas, Council Member Scott and Council Member Vaughn Absent: 1 - Mayor Martinez Corpus Christi Page 8 Printed on 3/19/2015 City Council Meeting Minutes March 10, 2015 Abstained: 0 Enactment No: 030438 N. REGULAR AGENDA: (ITEMS 17 - 20) 17. 18. Second Reading Ordinance - Approving termination of RecycleRewards agreement and non -allocation of funds for budget fiscal year 2015-2016 (Tabled on 2/17/15)(1st Reading 2/24/15) Ordinance approving a termination of the agreement with RecycleRewards and non -allocation of funds due to the necessity to fund improvements to solid waste services in the operating budget for fiscal year 2015-2016; finding that the termination and issuance of certificates of obligation for solid waste services capital improvements are both necessary and prudent; directing that a copy of this ordinance be included with the adopted FY2015-2016 Operating Budget; and providing for severance. Mayor Pro Tem Magill referred to Item 17. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to terminate the agreement with RecycleRewards and non -allocation of funds due to the necessity to fund improvements to solid waste services. The contract will terminate effective September 30, 2015. Mayor Pro Tem Magill called for comments from the public. Venessa Santos -Garza, local representative for RecycleBank, said RecycleBank understands that due to budget issues, this contract, in its existing form must be terminated to address crucial and mandated projects. Ms. Santos -Garza requested the opportunity to formally present a plan to continue the education program for recycling and rewards without impacting the residents. Abel Alonzo spoke in support of the termination of the agreement. Council members spoke regarding the following topics: reviewing the education component and tying together littering, illegal setout, solid waste code enforcement issues, and contaminated recycling into one program; and the education matrix associated with the overall litter campaign and recycle efforts. Council Member McIntyre made a motion to approve to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on second reading and approved with the following vote: Aye: 8 - Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Mayor Martinez Abstained: 0 Enactment No: 030443 Second Reading Ordinance - Lease Agreement with Corpus Christi Regional Transportation Authority for a Temporary Bus Transfer Station Site (Requires 28 day delay) (1st Reading 2/10/15) Corpus Christi Page 9 Printed on 3/19/2015 City Council Meeting Minutes March 10, 2015 19. Ordinance authorizing the City Manager or designee to execute a seven (7) month lease agreement with Corpus Christi Regional Transportation Authority for the use of property bounded by Leopard, Sam Rankin, Mestina and Josephine Streets, for a temporary bus transfer station. Mayor Pro Tem Magill referred to Item 18. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to execute a lease agreement with the Corpus Christi Regional Transportation Authority (RTA) to permit the use of city property directly west of City Hall, bounded by Leopard, sam Rankin, Mestina and Josephine Streets for a temporary bus transfer station to continue service during the reconstruction of their new Staples Street Center building. Mayor Pro Tem Magill called for comments from the public. Scott Neeley, Chief Executive Office of the RTA, spoke in support of the temporary bus transfer station. Council Member Rubio made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on second reading and approved with the following vote: Aye: 8 - Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Mayor Martinez Abstained: 0 Enactment No: 030444 Second Reading Ordinance - Lease Agreement for the 2015 Fiesta de la Flor event and related activities for April 17-18, 2015 (Requires 28 Day Delay) (1st Reading 1/27/15) Ordinance authorizing the City Manager or designee to execute a lease agreement with the Corpus Christi Convention and Visitors Bureau ("CCCVB") for 2015 Fiesta de la Flor event and related activities to be held on April 17, 2015 and April 18, 2015, and allow use of City property including the Bayfront Park located along Shoreline Blvd. between Resaca Street and Power Street. Mayor Pro Tem Magill referred to Item 19. Acting Assistant Director of Parks and Recreation Becky Perrin stated that the purpose of this item is to approve a lease agreement with the Corpus Christi Convention and Visitors Bureau for the 2015 Fiesta de la Flor event to be held April 17-18, 2015. There were no comments from the Council or the public. Council Member Vaughn made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on second reading and approved with the following vote: Aye: 7 - Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 2 - Mayor Martinez and Council Member Scott Corpus Christi Page 10 Printed on 3/19/2015 City Council Meeting Minutes March 10, 2015 Abstained: 0 Enactment No: 030445 20. Second Reading Ordinance - Lease Agreement with the Corpus Christi Hispanic Chamber of Commerce for Tex Mex Railroad Depot (Requires 28 day delay) (1st Reading 1/27/15) Ordinance authorizing the City Manager or designee to execute a five year lease agreement with Corpus Christi Hispanic Chamber of Commerce for the use of Tex Mex Railroad Depot located at 1800 block of Chaparral Street, in consideration of improvements to premises and rental payments of $450 per month beginning month 37 increased to $900 per month beginning month 49. Mayor Pro Tem Magill referred to Item 20. Acting Assistant Director of Parks and Recreation Becky Perrin stated that the purpose of this item is to execute a lease agreement with the Corpus Christi Hispanic Chamber of Commerce for the use of Tex Mex Railroad Depot. There were no comments from the Council or the public. Council Member Riojas made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on second reading and approved with the following vote: Aye: 7 - Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 2 - Mayor Martinez and Council Member Scott Abstained: 0 Enactment No: 030446 H. EXECUTIVE SESSION: (ITEMS 2 - 7) 2. 3. Mayor Pro Tem Magill referred to executive session Items 2-7. The Council went into executive session. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to negotiations with the U.S. Environmental Protection Agency concerning its proposals regarding the City's sanitary sewer system,with possible action and discussion in open session. This E -Session Item was discussed in executive session. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to negotiations for economic development incentives with a commercial retailer; pursuant to Texas Government Code § 551.087 to discuss or deliberate regarding commercial or financial information that the Corpus Christi Page 11 Printed on 3/19/2015 City Council Meeting Minutes March 10, 2015 4. 5. 6. governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations and/or financial or other incentives involving said business prospect, including but not limited to negotiations for economic development incentives with a commercial retailer; with possible action and discussion in open session. This E -Session Item was discussed in executive session. Executive Session pursuant to Texas Government Code § 551.072 concerning the purchase, exchange, lease or value of real property (including areas on or adjacent to McArdle Road) with possible action and discussion in open session. This E -Session Item was discussed in executive session. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning SOAH Docket No. 473-15-1931.WS, PUC Docket Number 44050 and wholesale water sales related litigation, with possible action and discussion in open session. Mayor Pro Tem Magill referred to Item 5 and stated that the following motion was discussed in executive session: Motion authorizing the City Manager or his designee to execute a Memorandum of Agreement with Nueces County Water Control and Improvement District #4 regarding SOAH Docket No. 473-15-1931. Council Member Scott made a motion to approve the motion, seconded by Council Member Garza. This Motion was passed and approved with the following vote: Aye: 8 - Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Mayor Martinez Abstained: 0 Enactment No: M2015-023 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding fire collective bargaining negotiations, the Agreement between the City of Corpus Christi and the Corpus Christi Firefighters Association and/or police association, with possible discussion, resolution(s), and other actions in open session concerning any matters related thereto. This E -Session Item was discussed in executive session. Corpus Christi Page 12 Printed on 3/19/2015 City Council Meeting Minutes March 10, 2015 7. Executive session pursuant to Texas Government Code § 551.076 concerning security personnel and devices, with possible discussion, resolution(s), and other actions in open session concerning any matters related thereto. This E -Session Item was discussed in executive session. O. FIRST READING ORDINANCES: (ITEMS 21 - 23) 21. First Reading Ordinance - Closing a portion of a utility easement located east of and at the dead-end of the Lands' End Drive public street right-of-way. Ordinance abandoning and vacating a 925 -square foot portion of an existing 10 -foot wide utility easement out of Lot 32A, Block 16, Rancho Vista Subdivision Unit 8, located east of and at the dead-end of the Lands' End Drive public street right-of-way; and requiring the owner, Yorktown Oso Venture, to comply with the specified conditions. Mayor Pro Tem Magill referred to Item 21. Director of Development Services Dan Grimsbo stated that the purpose of this item is to abandon and vacate a portion of a utility easement to allow for the future development of the Ranch Vista Subdivision. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Mayor Martinez Abstained: 0 22. First Reading Ordinance - Engineering contract for City of Corpus Christi Regional Water Supply Strategic Sustainability Plan (Tabled on 1/13/15) Ordinance amending the FY 2015 Capital Improvement Program Budget adopted by Ordinance No. 030303 to add Project No. E14001 City of Corpus Christi Regional Water Supply Strategic Sustainability Plan; transferring and appropriating $572,365 from the Unreserved Fund Balance in No. 4041 Raw Water Supply Development Fund to and appropriating in the No. 4080 Water CIP Fund for the City of Corpus Christi Regional Water Supply Strategic Sustainability Plan; and authorizing the City Manager or designee to execute a Professional Services Agreement in the amount of $539,967 with CH2M Hill Engineers, Inc., a Delaware Corporation with a branch office in Corpus Christi, Texas for the City of Corpus Christi Regional Corpus Christi Page 13 Printed on 3/19/2015 City Council Meeting Minutes March 10, 2015 Water Supply Strategic Sustainability Plan for technical, public outreach, strategic planning and associated services. This Ordinance was withdrawn. 23. First Reading Ordinance - Engineering Construction Contract for Cefe Valenzuela Landfill Disposal Sector 1B and 1C Re -Bid Ordinance amending the FY 2015 Capital Improvement Program Budget adopted by Ordinance No. 030303 by transferring $580,749.23 from Sanitary Landfill 2006 CIP Fund 3362 project reserves to Project E13035 Cefe Valenzuela Landfill Disposal Sector 1B and 10; transferring 74,250.77 from Sanitary Landfill 2008 CIP Fund 3365 project reserves to Project E13035 Cefe Valenzuela Landfill Disposal Sector 1B and 10; increasing the budget by $655,000; and authorizing the City Manager, or designee, to execute a construction contract with LD Kemp Excavating, Inc. of Fort Worth, Texas in the amount of $3,425,921.00 for the Cefe Valenzuela Landfill Disposal Sector 1B and 10 Re -Bid for the total Base Bid plus Additive Alternate 1. Mayor Pro Tem Magill referred to Item 23. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to execute a construction contract with LD Kemp Excavating for the Cefe Valenzuela Landfill Disposal Sectors 1B and 1C. Ms. Gray provided information on the project scope. There were no comments from the public. Council members spoke regarding the following topics: utilization of the dirt after excavation; penalties for exceeding date of completion; information on funding sources from 2006 and 2008 CIP funds; and other CIP funds balances awaiting transfers for utilization. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Mayor Martinez Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 24 - 31) Mayor Pro Tem Magill referred to Future Agenda Items. City Manager Olson stated that staff did not have any planned presentations. Council members asked questions regarding Item 30. 24. Authorizing a grant application submission for funding available under the Victims of Crime Act Fund Resolution authorizing the submission of a grant application in the amount of $90,366.92 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit with a city match of Corpus Christi Page 14 Printed on 3/19/2015 City Council Meeting Minutes March 10, 2015 $18,592.68 and $4,000 in-kind services for a total project cost of $112,959.60; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. This Resolution was recommended to the consent agenda. 25. Authorizing a grant application submission to fund year 3 of the Victim Outreach Program Resolution authorizing the submission of a grant application in the amount of $78,273.18 to the State of Texas, Criminal Justice Division Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit to continue Year 3 of the Victim Outreach Program with a City match of $13,368.30 and $6,200 in-kind services, for a total project cost of $97,841.48; and authorizing the City Manager or designee to apply for, accept, reject, alter, or terminate the grant. This Resolution was recommended to the consent agenda. 26. Approving the Purchase of Radar Equipment Motion approving the purchase of twenty (20) ProLaser radars for the Corpus Christi Police Department in the amount of $65,335.60 from Kustom Signals, Inc. Chanute, KS. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments (HGAC). Funds are available through the Crime Control and Prevention District. This Motion was recommended to the consent agenda. 27. Approving the Lease -Purchase of Aerial Platform Vehicle Unit Motion approving the lease -purchase of one (1) aerial platform vehicle unit from Siddons-Martin Emergency Group, Houston, Texas for a total amount of $1,199,000.00, of which $21,199.88 is required for the remainder of FY 2014-2015. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Financing for the lease -purchase will be provided through the City's lease -purchase financing contractor. This Motion was recommended to the consent agenda. 28. Approving the Purchase of the Learning Management Subscription Licenses Motion authorizing the City Manager or designee, to approve a five year agreement for the purchase of Learning Management Subscription licenses and consulting hours from INFOR (US), Inc., Alpharetta, GA in the amount of $257,688. Expenditures for the first year total $97,688 that includes $57,688 in consulting hours and an Corpus Christi Page 15 Printed on 3/19/2015 City Council Meeting Minutes March 10, 2015 annual subscription licenses of $40,000. Funds are available in the Human Resources FY2015 budget and the annual subscription licenses of $40,000 will be requested through the budget process for subsequent years. This Motion was recommended to the consent agenda. 29. Approving the Purchase of Additional Licenses to a Subscription of Curated Online Courses through OpenSesame Motion authorizing the City Manager or designee to execute all documents necessary to approve the purchase of additional subscription service licenses provided sole source from Open Sesame Inc, Portland OR, for a total expenditure of $74,580 for the subscription service for one (1) year. Funds are available in the Human Resources FY2015 budget. This Motion was recommended to the consent agenda. 30. Engineering Construction Contract for new office building at J. C. Elliott Landfill Motion authorizing the City Manager, or designee, to execute a construction contract with LNV, Inc. of Corpus Christi, Texas in the amount of $1,055,000.00 for the J.C. Elliott Landfill New Office Building for the total Base Bid. This Motion was recommended to the consent agenda. 31. Approving a resolution opposing a Revenue Cap and Legislative Interference with Local Services Resolution of the City of Corpus Christi, Texas, in opposition to a Revenue Cap and Legislative Interference with Local Services. This Resolution was recommended to the consent agenda. Q. BRIEFINGS: (ITEMS 32 - 35) 32. Drought Update Mayor Pro Tem Magill referred to Item 32. Executive Director of Utilities Mark Van Vleck stated that the purpose of this item is to provide information on: the Drought Update. Mr. Van Vleck presented information on the purpose of the Drought Contingency Plan; the requirements of the Drought Contingency Plan; applicable customers; history and agreed order; history of drought triggers; current update on drought stage; short-term reservoir projection model; stage 3 severe drought response; water supply index; water use by basin; and total water availability. Council members spoke regarding the following topics: the combined water supply index; overlaying the drought contingency plan trigger points based on the combined water supply index; whether there is a process Corpus Christi Page 16 Printed on 3/19/2015 City Council Meeting Minutes March 10, 2015 to track audit compliance of customers; when to combine the water supply; re-visting the drought contingency plan keeping in mind the agreed order; the number of triggers and what occurs at each trigger; when the City is expected to enter 30% Stage 3 restrictions; businesses' concern that not implementing Stage 3 would accelerate Stage 4 under the current drought contingency plan; the reduction impact of once -every -two weeks watering restrictions; the percentage of the lake reservior capacity at which wholesale customers are not able to get water from the lake; delaying Stage 3 and 4 restrictions by triggering Stage 1 and 2 restrictions earlier; the possibility of voluntary once -every -two -weeks watering; the original drought plan; the available water supply based on historical rate of consumption; the amount of water used daily in the region; and communicating the available water supply to the community. 33. Water Rate Discussion No. 1 - Operations & Maintenance Mayor Pro Tem Magill referred to Item 33. Executive Director of Utilities Mark Van Vleck stated that the purpose of this item is to provide the first in a series of presentations regarding the water rate. Mr. Van Vleck presented information on the water rate - operation and maintenance expenses including: the current rate projections; rate review schedule; calculation of unit cost; water system components; utility bill breakdown; components of costs; the cost components of the water fund; operation and maintenance costs over the next 20 years; assumptions included in the rate model; cost control measures; independent of volume costs; water fund expenses; independent of volume contract costs and services; variable costs; storm water operations and maintenance and costs. Council members spoke regarding the following topics: the current rate projection trends for all customers; the 10 -year rate projections for the CIP; the number of discussions on the water rate and the adoption of the new rate; the calculation of unit cost; the criteria for adjustments; salary -related expenses; debt payment; whether the future operation and maintenance cost projections include net present value and inflation; the funds spent from the water fund on marketing and advertising; and discussions on potentially removing storm water from the water rate. 34. Overview of City Code of Ethics Mayor Pro Tem Magill referred to Item 34. Assistant City Attorney Lisa Aguilar stated that the purpose of this item is to provide an overview of the City's Code of Ethics and five amendments. Ms. Aguilar presented information on the history of the Code of Ethics; the Ethics Commission's composition and duties; the requirements for ethics complaints; the Ethics Commission procedures; possible sanctions; the general ethical standards; standards and exceptions concerning gifts, conflicts; violations of laws; ethical standards related to no substantial interest; recent changes to the Code of Ethics; and the five proposed amendments to the complaint and hearing process. Ethics Commission Vice -Chair Karon Connelly was available to respond to questions and stated that the recommended amendments help to clarify and simplify the complaint and hearing process. Council members spoke regarding the following topics: the process for accepting the recommendation from the Ethics Commission; whether the Ethics Commission has found "loop holes" in the code; whether the Ethics Commission or City staff have performed a comparative study of the Code of Ethics with other cities of comparable size to Corpus Christi; and Council Member Vaughn having personally hiring an independent service to review the code. Corpus Christi Page 17 Printed on 3/19/2015 City Council Meeting Minutes March 10, 2015 Council Member Vaughn made a motion directing the City Manager to support the Ethics Commission in performing a comparative study of ethics ordinances across Texas, seconded by Council Member McIntyre and passed unanimously. 35. MPO Bicycle and Pedestrian Plan Review Mayor Pro Tem Magill referred to Item 35. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to provide an update on the revisions to the MPO Bicycle and Pedestrian Plan. Executive Director of the Metropolitan Planning Organization (MPO) Jeffrey Pollack presented information on the strategic plan for active transportation, Phase 1 - bicycle mobility; the five categories of the bicycle mobility plan; the active transportation plan vision; Phase 1 goals; the schedule for Phase 1; stakeholders and support. Council members spoke regarding the following topics: significant focus on commuters inside the current street system; the ability in future bond issues to build off-street bike trails; network of bike facilities and off-road systems; short-term goals of the master plan; communication of this project; incorporating overall air attainment; the business aspect for ozone reduction; desired outcomes; prescriptive on -road design; RTA ridership; costs; safety for bike riders; type of facility and situation specific areas; supporting infrastructure; and how to implement this plan in the City. R. LEGISLATIVE UPDATE: S. ADJOURNMENT None. The meeting was adjourned at 7:05 p.m. Corpus Christi Page 18 Printed on 3/19/2015 a. BOARD OF ADJUSTMENT — Seven (7) vacancies including five (5) regular members and two (2) alternate members with terms to 4-4-16. (NOTE: The board has a policy of requesting the appointment of an Alternate member to a regular voting position and the appointment of a new person to fill the Alternate position.) DUTIES: To hear appeals for interpretations of the zoning ordinance; for special exceptions authorized by the zoning ordinance, subject to safeguards to protect the public interest; and for variances where, owing to special conditions, the literal enforcement of the provisions of the zoning ordinance results in unnecessary hardship, so that the spirit of the ordinance shall be observed and substantial justice done. An appeal may be made to District Court if dissatisfied with the decision of the Board. Written notice of public hearing on each appeal is sent to the applicant and owners within 200 feet 10 days before the hearing date. COMPOSITION: Seven (7) members appointed by the City Council with terms for two years. The membership must include two (2) alternates; be residents of the City. Only five (5) members may vote, and four (4) must concur to grant an appeal. ORIGINAL MEMBERS TERM APPTD. DATE *****R. Bryan Johnson 4-04-14 4-08-08 *****Morgan Spear 4-04-14 12-09-08 **Carl Hellums 4-04-14 4-13-10 *John Douglas McMullan 4-04-14 4-13-10 *Heriberto A. (Tony) Pineda 4-04-14 7-06-10 *Cliff Atnip (Alternate) 4-04-14 4-10-12 *Taylor Mauck (Alternate) 4-04-14 4-10-12 Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR John Douglas McMullan 5 3 (lexc) 60% Heriberto A. (Tony) Pineda 5 4 80% Cliff Atnip (Alternate) 5 4 80% Taylor Mauck (Alternate) 5 5 100% OTHER INDIVIDUALS EXPRESSING INTEREST Tim Honea 7530 Bar T Dr., 78414 Vice -President of Construction, Braselton Homes, Inc. Community Activities include: Corpus Christi Builders Association, Coastal Bend Green Built Shawn Matthew Karaca 7701 Hartley Circle, 78413 Burris W. McRee 5717 Oso Parkway, 78414 Theunis "Tim" Voorkamp 7614 Loire Blvd, 78414 Committee, and International Code Council. (3/16/05) General Manager, Moore Supply Co./The Bath and Kitchen Showplace. Received a B.S. in Industrial Distribution from the College of Engineering at Texas A&M University -College Station. Community activities include: Builders Association of Corpus Christi — Associates Council Member, Church Unlimited, and Relay for Life Flour Bluff. (3/03/15) Real Estate Broker/Owner, Gulftex Properties, Inc. Holds Certified Property Manager (CPM) and Certified Commercial Investment Member (CCIM) designations from the National Association of Realtors, serves on Board of Directors for two commercial condominium owners associations and Co -Chairman in 2012 for Corpus Christi Chapter of Ducks Unlimited. (3/04/15) Broker/Managing Partner/Owner, Corpus Christi Excel Properties Inc. /Nueces Tax Relief/TAVCO Construction. General Contractor, Commercial Builder and Homebuilder. Retired Merchant Marine Captain, graduate of the U.S. Merchant Marine Academy. Licensed Real Estate Broker, Licensed Property Tax Consultant, and Registered Arbitrator with State of Texas. Activities include: Texas Assn. of Property Tax Professionals, National Association of Realtors, and Texas Real Estate Commission. (1/28/15) b. BUILDING STANDARDS BOARD — Two (2) vacancies with terms to 3-3-18 representing the following categories: 1 — Member at Large and a Homeowner and 1 — member chosen from: realtor, architect, engineer, general contractor, home builder or building materials dealer. DUTIES: To hear appeals under the Building Standards and Housing Code, which shall be construed to secure the beneficial interests and purposes of safety, health, and general welfare, through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair removal, demolition, use and occupancy of building or structure. COMPOSITION: Seven (7) members, three (3) members at large of whom shall be residents of the City and home owners; one shall be a lawyer, three (3) chosen from: realtor, architect, engineer, general contractor, home builder or building materials dealer. Appointed by the City Council for three-year staggered terms. Elects its own Chairman. ORIGINAL MEMBERS TERMS APPTD. DATES Marco Crawford (Lawyer) 3-03-17 5-27-14 **Shawn P. Bodine (Engineer) 3-03-15 3-27-12 Lee R. Hassman (Member at Large) 3-03-17 1-20-15 Matthew Ezell (General Contractor) 3-03-17 5-27-14 **Peggy E. Mettlen (Member at Large) 3-03-15 3-27-12 Clarissa Beltran (Member at Large) 3-03-16 2-23-10 Shane Torno (Engineer) 3-03-16 8-18-09 Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation INDIVIDUALS EXPRESSING INTEREST Damla Eytemiz 4638 Wilma Dr., 78412 Special Projects Manager, Fulton Coastcon General Contractors. Received a Bachelor of Arts and Science, Interpretation and Translation from Izmir University of Economics and Master Degree in Business Administration from Texas A&M University Corpus Christi. Community Activities include: Mission Fit Possible, Driscoll Children's Hospital, Tax Counselor for the Elderly at U.S. Department of Treasury, and United Way of the Coastal Bend. (General Contractor) (At -Large) (2/25/15) Mark A. Flores 11413 Up River Rd., 78410 Denise Gallimore 3202 Laguna Shores Rd, 78418 Tim Honea 7530 Bar T Dr., 78414 Shawn Matthew Karaca 7701 Hartley Circle, 78413 Craig Stephen Loving 1037 Stirman, 78411 Maverick C. Volesky, Jr. 4814 Olympia Dr., 78413 Assistant Business Manager, International Brotherhood of Electrical Workers 278. Attended the Texas Gulf Coast Electrical Joint Apprenticeship Training Program. (At -Large) (12/9/14) Property Manager and Sales Agent, Group One. Community Activities include: Corpus Christi Association of Realtors, and National Association of Residential Property Managers. (Realtor) (At -Large) (12/30/14) Vice -President of Construction, Braselton Homes, Inc. Community Activities include: Corpus Christi Builders Association, Coastal Bend Green Built Committee, and International Code Council. (General Contractor) (Home Builder) (At Large) (3/16/05) General Manager, Moore Supply Co./The Bath and Kitchen Showplace. Received a B.S. in Industrial Distribution from the College of Engineering at Texas A&M University -College Station. Community activities include: Builders Association of Corpus Christi — Associates Council Member, Church Unlimited, and Relay for Life Flour Bluff. (Building Materials Dealer) (At -Large) (3/03/15) Assistant Business Manager, International Brotherhood of Electrical Workers: Local Union 278. A.I.E.C.A. Electrical Apprenticeship in Houston, Texas. Has a Texas State Journeyman Electrician License. Formerly Served on the Electrical Advisory Board. Currently Serves on the Electrical Training Alliance Board. (At -Large) (1/13/15) Owner, Maverick Plumbing. Master Plumber in State of Texas. Community Activities include: Builder's Association of Corpus Christi. (General Contractor) (Building Materials Dealer) (At -Large) (11/7/14) Theunis "Tim" Voorkamp 7614 Loire Blvd, 78414 Broker/Managing Partner/Owner, Corpus Christi Excel Properties Inc. /Nueces Tax Relief/TAVCO Construction. General Contractor, Commercial Builder and Homebuilder. Retired Merchant Marine Captain, graduate of the U.S. Merchant Marine Academy. Licensed Real Estate Broker, Licensed Property Tax Consultant, and Registered Arbitrator with State of Texas. Activities include: Texas Association of Property Tax Professionals, National Association of Realtors, and Texas Real Estate Commission. (Realtor) (General Contractor) (Home Builder) (At -Large) (1/28/15) c. CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY — One (1) vacancy with term to 6-30-16. DUTIES: To operate and provide for public transportation system for Nueces County and the cities included in the Authority. COMPOSITION: Board of Directors consist of eleven (11) members - five (5) appointed by the City Council; three (3) appointed by Nueces County Commissioners Court; two (2) appointed by the Mayors of Cities in the Transit Authority other than Corpus Christi, and the Chairman who is appointed by the Board. The principal municipality shall make its appointments to the board so that at least one of the appointees is designated to represent the interests of the transportation disadvantaged. The statute does not mandate that this Board member be "transportation disadvantaged." If the Chairman is from the membership, the entity that appointed that person will appoint a replacement. Terms shall be for two years; members may serve up to eight consecutive years as stated by State Law. The State Sunset Committee suggests that the appointing bodies should consider the appointment of a regular rider of the transit system. A member of the board must be a qualified voter residing in the authority. MEMBERS TERM Vangie Chapa, Chairperson 12-31-15 Angie Flores Granado (Nueces Co.) 09-18-15 Thomas E. Dreyer (City Co. -Tran. Disadv.) 06-30-16 George B. Clower (City Council) 06-30-16 Tony Elizondo (City Council) 06-30-16 Mary J. Saenz (City Council) ***Jeffrey Pollack (City Council) Lamont Taylor (Nueces County) Curtis Rock (Nueces County) Ray Hunt (Mayor of other Cities) Robert Garcia (Mayor of other Cities) 06-30-16 06-30-16 09-18-15 09-18-15 09-19-15 09-19-15 Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation INDIVIDUALS EXPRESSING INTEREST ORIGINAL APPTD. DATE 07-02-08 10-14-09 07-11-12 07-11-12 11-02-11 07-02-08 01-21-14 10-12-11 10-09-13 10-12-11 10-12-11 A. R. "Butch" Escobedo 4902 Saratoga Blvd. #10, 78413 Owner/President, Butch Escobedo Insurance Agency, Inc. Formerly Served on the Corpus Christi Business and Job Development Corporation and the Workforce Development Corporation. (5/5/15) Edward Martinez 3617 Chestnut St., 78411 Armando Mendez 4033 Congressional Dr., 78413 Tom Niskala 239 Circle Dr., 78411 General Cargo and Information Representative, Port of Corpus Christi Authority. Support Transportation/Logic Needs for Clients and Tenants. Received a BBA with Minor in Information Systems. Community Activities include: Westside Business Association, City of Corpus Christi Employees Credit Union Board, and Eagle Ford Consortium. (2/9/15) Resource Planner, Gate Corporation Oil & Gas. Received a Bachelors in Business Administration and Economics from Texas A&M University -Corpus Christi. Formerly served on the Landmark Commission. Community Activities: Texas Chi Sigma Phi Epsilon Alumni Association and Texas A&M University Corpus Christi Alumni Association. (1/9/15) Retired Transportation Planning Director, Corpus Christi Metropolitan Planning Organization. Formerly General Manager of the City Transit System/Regional Transportation Authority and President/CEO of the Corpus Christi Chamber of Commerce. Received a Bachelor of Business and Master of Urban Studies from Cleveland State University. Previously Served on the Planning Commission, Southwest Transit Association - President, Texas Transit Association Executive Committee and TEMPO. (2/6/15) Karl A. Tomlinson 1234 Laguna Shores Rd., 78418 Broker/Owner, Tomlinson Property Sales & Management. Served in the United States Air Force — Air Traffic Controller. Employed at Hewlett- Packard Company. Received a Bachelor in Science Electronic Engineering Technology from DeVry University. Received MBA with Major in Marketing from Santa Clara University. (12/9/14) Theunis "Tim" Voorkamp 7614 Loire Blvd, 78414 Broker/Managing Partner/Owner, Corpus Christi Excel Properties Inc. /Nueces Tax Relief/TAVCO Construction. General Contractor, Commercial Builder and Homebuilder. Retired Merchant Marine Captain, graduate of the U.S. Merchant Marine Academy. Licensed Real Estate Broker, Licensed Property Tax Consultant, and Registered Arbitrator with State of Texas. Activities include: Texas Assn. of Property Tax Professionals, National Association of Realtors, and Texas Real Estate Commission. (1/28/15) d. ELECTRICAL ADVISORY BOARD — Two (2) vacancies with terms to 12-31-15 and 12-31-16 representing the following categories: 1 — Registered Professional Engineer and 1 — Representative in the Electrical Supply Business. DUTIES: The Electrical Advisory Board shall review grievances filed against any licensed electrical contractor and other grievances filed within the scope of the City Electrical Code, and concur on a proposed alternative material, alternate method of construction, or technical ruling prior to such alternative or ruling becoming effective. Furthermore, the Electrical Advisory Board shall have the power, after having obtained public comment, to recommend to the City Council changes to the City Electrical Code. COMPOSITION: Ten (10) persons appointed by the City Council: two (2) persons with at least five -years active experience as a master electrician; one (1) person with at least five -years active experience as a journeyman electrician; two (2) engineers: one (1) shall be a registered professional engineer in the State of Texas, and one (1) shall have a Bachelor Degree in Electrical Engineering and a minimum of five -years of experience in electrical engineering; one (1) person with five -years of experience in the commercial building industry; one (1) person with five -years of experience in the home building industry; and one (1) member, resident of Corpus Christi, not connected with the electrical industry.; one (1) person who shall be a field representative from a utility power distribution company that services the Corpus Christi area and have had at least five -years of experience; and one (1) person who shall have at least five years of experience in the electrical supply business. All members shall serve two-year staggered terms. Six (6) members of the Board constitute a quorum, and concurring vote of not less than six (6) members is necessary to constitute an official action of the Board. MEMBERS Kevin L. Martinez (Master Elec.) Robert Aguilar (Master Elec.) Alfred J. Tristan (Utility Power Distr.) Mary Lou Herrera (Not Conn. to Elec. Industry) Jesse Gatewood (Journeyman Elec.) *Vacant (Reg. Engineer) Michael Douglas (Commercial Builder) William Kevin Pitchford (Home Builder) Steven Deases (Electrical Eng.) *Vacant (Electrical Supply Business) TERM 12-31-15 12-31-16 12-31-16 12-31-16 12-31-16 12-31-13 12-31-15 12-31-16 12-31-16 12-31-14 Legend: *Vacant **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation ORIGINAL APPTD. DATE 3-20-12 2-12-13 2-12-13 2-12-13 1-11-11 2-17-15 1-13-09 1-11-11 INDIVIDUALS EXPRESSING INTEREST Robert Sandate 4318 Archdale Dr., 78416 Vernon A. Wuensche, P.E. P.O. Box 3365, 78412 Branch Manager, Graybar Electric. Electrical Wholesale Distributor. Community Activities include: National Electrical Contractors Association, National Little League Volunteer, and Knights of Columbus. (Electrical Supply Business) (2/23/15) Retired, City of Corpus Christi Engineering Department. Registered Professional Engineer. Received a BS in Civil Engineering and MS in Environmental Engineering. Community Activities include: American Society of Civil Engineers, Texas Society of Professional Engineers, Friends of the Aquarium and Botanical Gardens. Recipient of Engineer of the Year 2007. (Registered Professional Engineer) (2/18/15) (Note: The City Secretary's Office and Development Services have made efforts to recruit bios for this Board since January 2013. Only two persons have expressed interest. If Council wishes, this appointment can be postponed for further recruitment efforts.) e. ISLAND STRATEGIC ACTION COMMITTEE — Seven (7) vacancies with terms to 3-23- 16 and 3-23-17 representing the following categories: 1 Residential Property Owner, 1 Developer, 1 — Realtor, 1 — Environmental Group, 1 — Construction Contractor, 1 Professional Engineer and 1 At -Large. DUTIES: To advise the Mayor and City Council on development and implementation of the Mustang -Padre Island Area Development Plan. The Committee shall develop specific strategies for implementation of the Mustang -Padre Island Development Plan with specific timelines to implement the respective strategies and a clear determination of which agency or individual is responsible to implement specific projects or programs. COMPOSITION: The committee shall consist of thirteen (13) members appointed by the City Council. The membership must include: 1 -member of the Padre Isles Property Owners Association, who has been nominated by the association; 1- residential property owner who owns property and resides on Mustang or Padre Island; 1 -commercial property owner who owns property and operates a business on Mustang or Padre Island; 1- developer of property on Mustang or Padre Island; 1 -member of the Padre Island Business Association, who has been nominated by the association; 1 -architect or professional engineer, who does work on projects on Mustang or Padre Island; 1-realtor, who primarily represents buyers or sellers of property on Mustang or Padre Island; 1- construction contractor, who primarily works on projects on Mustang or Padre Island; 1- representative of an environmental group; 4- at -large representatives who are residents of the City. Not less than twelve (12) members must reside or own property on Mustang or Padre Island. One (1) of the at -large representatives may, but is not required to, reside on Mustang or Padre Island. The City Council may appoint not more than four (4) members of the action committee who do not reside within the City if they own or represent the owner of property on Mustang or Padre Island. The following organizations may appoint a representative to serve as an ex -officio advisory member of the action committee without vote: Planning Commission, Watershore and Beach Advisory Committee, Park and Recreation Advisory Committee, Nueces County, Nueces County Water Control and Improvement District No. 4, and Corpus Christi Convention and Visitors Bureau. Of the initial members, seven (7) members shall serve a three-year term and six (6) members shall serve a two-year term, as determined by a drawing to be conducted by the City Secretary's Office. Thereafter, all terms shall be three (3) years. MEMBERS * * * * *J.J. Hart (Residential Property Owner) Gregory Smith (Commercial Property Owner) ***Paul Schexnailder (Developer) John A. White, Sr. (Padre Island Busi. Assoc.) ***Gabriele Hilpold (Realtor), Chair *****Charles Mader (Environmental Group) Jyoti R. Patel (At -Large) Rick Sowash (At -Large) *Alex H. Harris (Construction Contractor) *William F. Goldston (Professional Engineer) *Jodi R. Steen (At -Large) Kathleen L. Pratt (At -Large) Stan Hulse (Padre Isles Prop. Owners Assoc.) Wes Pierson, ACM, Business Support Svcs. Paulette Kluge, CC Cony. & Visitors Bureau Dr. R. Bryan Gulley, Nueces County Jay Gardner, Watershore and Beach Advisory Cmtee. TERM 3-23- 3-23- 3-23-1 3-23-1 3-23-1 3-23- 3-23- 3-23- 3-23-1 3-23-1 3-23- 3-23- 3-23- 15 16 6 6 5 15 16 16 5 5 15 16 16 ORIGINAL APPTD. DATE 3-23-10 3-23-10 3-23-10 3-23-10 3-23-10 3-23-10 3-23-10 3-19-13 11-08-11 3-20-12 9-25-12 5-27-14 9-25-12 Ex -Officio, Non -Voting Ex -Officio, Non -Voting Ex -Officio, Non -Voting Ex -Officio, Non -Voting Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Alex Harris (Constr. Contr.) 11 Jodi Steen (At -Large) 11 William F. Goldston (Prof. Eng.) 11 NO. PRESENT 7 (lexc) 11 10 OTHER INDIVIDUALS EXPRESSING INTEREST Norm Baker 14122 Cabana, 78418 Laurence R. (Brud) Jones, III 2901 Verona Road Mission Hills, KS 66208 % OF ATTENDANCE LAST TERM YEAR 64% 100% 91% Owner, Estoy Pronto, Inc. Received B.S. in Business from Eastern Illinois University. Previously served on the Board of the Padre Island Business Association and was the President of the Padre Island Pak. (Residential Property) (At -Large) (2/2/15) Self -Employed, Entrepreneur. Formerly Owner/Executive of DST Systems. Graduated from Southern Methodist University. Interests include photography. (At -Large) (Non -City Resident) (2/9/15) Karla Dowden 7109 Crapemyrtle Dr., 78414 Sales/Marketing, ServPro. Attended Ivy Tech Community College — Public Relations in Lafayette, Indiana. Formerly board member with Habitat for Humanity, American Red Cross, and Tippecanoe County Apartment Association and member of Chamber of Commerce in Lafayette, Indiana. Community Activities include: Make a Wish Foundation, Muscular Dystrophy Association and Toys for Tots. (At -Large) (Non Island Resident) (2/4/15) Darlene Louk 1203 Sierra Vista Cove Austin, TX 78644 Gary McCoig 1805 3rd St., 78404 Vice -President, Forestar Group, Inc. Received BBA and MBA in Finance from St. Edward's University. Activities include: Real Estate Council, Padre Island Business Owners Association (Affiliation) and ARC Turtle Hatching Event. (Developer) (Non -City Resident) (2/11/15) Environmental Biologist, HDR Engineering, Inc. Received a BS in Biology, and an MS in Wildlife Biology. Activities include: member of the Surfriders — Coastal Bend Chapter. (Environmental) (At -Large) (Non -Island Resident) (2/9/15) Tiffani McKinney 4517 River Park Drive, 78410 Sports Marketing Manager, Corpus Christi Convention and Visitors Bureau. Graduated with Degree in Educational Emphasis in Economics, Accounting and Marketing from Texas A&M University, Class of 1993. Previously Served on Boards for Special Olympics, National Association of Sports Commissions, American Cancer Society and Leadership Brazos. Involved in Leadership, Youth Development, Tourism, Non -Profit Development and Best Practices. (At -Large) (Non - Island Resident) (3/16/15) Libby Edwards Middleton 14158 Cutlass Ave., 78418 David J. Perry 13554 Royal Fifth Court, 78418 Attorney, Self -Employed. Graduate of St. Mary' s Law School. Community Activities include: YWCA, Padre Little League, Junior League, Women's Shelter, and CC Yacht Club. (Residential Property) (At -Large) (2/2/15) Owner, David Perry & Associates. Received a B.S. from Oklahoma State University. Community Activities include: Corpus Christi Estate Planning Council -Board Director and Officer, Society of Financial Service Professionals and Saltwater - Fisheries Enhancement Association — Board Member and Executive Committee. (Environmental) (Residential Property) (At -Large) 2/11/15) James Skrobarczyk, Sr. 714 Oriole St., 78418 Carter L. Tate, CCIM 13710 Primavera Dr., 78418 Real Estate Broker/Builder/Developer, Coastal Area Properties. Self -Employed. Attended Del Mar and Texas A & I University. Past President of the Builders Association of Corpus Christi. Formerly Served on the Planning Commission. Community Activities include: Beach Dune Management Advisory Committee for Nueces County. (Realtor) (Developer) (At -Large) (Construction Contractor) (Non Island Resident) (2/17/15) Real Estate Broker/Property Manager/Developer, Self -Employed, Part-Time/Retired. Served in the United States Navy. Received BBA in Marketing/Real Estate Law from Texas A&M University -College Station and Post -Graduate Degree (CCIM) in Commercial Real Estate. Community Activities include: Bay Fest, CC Mustangs, CC Kite Fest, CCA and SEA. (Developer) (Residential Property) (Realtor) (Construction Contractor) (At -Large) (2/25/15) f. LANDMARK COMMISSION — Two (2) vacancies with terms to 11-20-17 representing the following categories: 1 — Historian and 1 — Regular Member. DUTIES: To promote the use of historical and cultural landmarks for the culture, prosperity, education, and general welfare of the people of the City and visitors to the City. COMPOSITION: Eleven (11) members nominated by individual City Council Members and appointed by a majority vote of the Council. Insofar as possible, the numerical composition shall correspond to the ethnic, gender, and economic distribution of the City according to the last Federal Census report. All members shall have knowledge and experience in either the architectural, archaeological, cultural, social, economic, ethnic or political history of Corpus Christi. Representation of the following competencies shall be appointed as members to the commission: Two (2) historians, one (1) licensed real estate salesperson, (1) registered architect, one (1) structural or civil engineer, one (1) person knowledgeable in title search and/or property surveyor and five (5) other members. No one profession will constitute a majority of the membership. All terms for 3 years. MEMBERS Sean Thorson (Title Search) Laura Commons (Real Estate) Dr. Mark Robbins (Historian), Vice Chair *Vacant (Historian) John M. Olson (Architect) Kim Charba (Regular Member) Bert Rucker, Jr. (Regular Member) Craig Thompson (Engineer) *Vacant (Regular Member) Nathan Westervelt (Regular Member) Albert R. Soto (Regular Member) TERM 11-20-15 11-20-15 11-20-15 11-20-14 11-20-16 11-20-16 11-20-17 11-20-17 11-20-14 11-20-17 11-20-15 Legend: *Vacant **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation ORIGINAL APPTD. DATE 4-10-12 12-15-09 12-15-09 11-09-10 7-07-09 9-09-14 9-09-14 9-09-14 3-19-13 (Note: On September 9, 2014 City Council appointed Matt Teifke to fill the Regular Member category and Antonio Etas to fill the Historian category. They both declined their appointments due to no longer residing in the city limits.) INDIVIDUALS EXPRESSING INTEREST Jillian Becquet 6313 N. Washam, 78414 Collections Manager and Registrar, Corpus Christi Museum of Science and History. Received a BA in American Studies, Minor In History from Texas A&M University -College Station and a MA Museum Studies from The Johns Hopkins University. Community Activities include: American Alliance of Museums, Texas Association of Museums, Johns Hopkins Museum Studies and Nueces County A&M Club. (Historian) (Regular Member) (2/9/15) Karla Dowden 7109 Crapemyrtle Dr., 78414 Sales/Marketing, ServPro. Attended Ivy Tech Community College — Public Relations in Lafayette, Indiana. Formerly board member with Habitat for Humanity, American Red Cross, and Tippecanoe County Apartment Association and member of Chamber of Commerce in Lafayette, Indiana. Community Activities include: Make a Wish Foundation, Muscular Dystrophy Association and Toys for Tots. (Regular Member) (2/4/15) Tiffani McKinney 4517 River Park Drive, 78410 Sports Marketing Manager, Corpus Christi Convention and Visitors Bureau. Graduated with Degree in Educational Emphasis in Economics, Accounting and Marketing from Texas A&M University, Class of 1993. Previously Served on Boards for Special Olympics, National Association of Sports Commissions, American Cancer Society and Leadership Brazos. Involved in Leadership, Youth Development, Tourism, Non -Profit Development and Best Practices. (Regular Member) (3/16/15) Armando Mendez 4033 Congressional Dr., 78413 Resource Planner, Gate Corporation Oil & Gas. Received a Bachelors in Business Administration and Economics from Texas A&M University -Corpus Christi. Formerly served on the Landmark Commission. Community Activities: Texas Chi Sigma Phi Epsilon Alumni Association and Texas A&M University Corpus Christi Alumni Association. (Regular Member) (1/9/15) g. MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD — Two (2) vacancies with terms to 12-11-15 representing the following categories: 1 — Member Nominated by the Friends of the Museum and 1 — Advisory, Non -Voting Member. (Appointed by the Mayor with 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. The term of each advisory member shall be three (3) years. MEMBERS Cary Kristina Perales (K-12 Education) Dr. Jonda Halcomb (Higher Education) O.K. Smith (Business Community) Scott Sutherland (Business Community) ***James Kunau (Friends of the Museum) Amanda Leal (Friends of the Museum) Shannon Madden (Advisory, non-voting) ***Luis Cabrera (Advisory, non-voting) City Manager, or designee CCISD Superintendent, or designee Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation INDIVIDUALS EXPRESSING INTEREST Steve Arnold 7618 Clearbrook, 78413 TERM 12-11-15 12-11-15 12-11-15 12-11-15 12-11-15 12-11-15 12-11-15 12-11-15 ORIGINAL APPTD.DATE 09-09-14 12-11-12 02-11-14 12-11-12 01-14-14 01-14-14 12-11-12 12-11-12 Ex -officio, nonvoting Ex -officio, nonvoting Vice President/Marketing, Corpus Christ Caller - Times. Founding Member of the Dr. Hector P. Garcia Foundation. Served on the Mayor's Workforce Taskforce. Community Activities include: Del Mar College Foundation -Executive Committee, Citizens for Educational Excellence, Anita Eisenhauer 11753 Up River Road, 78410 Reverend E.F. Bennett Scholarship Committee, and CCISD Teachers of the Year Judge. (Friends of the Museum) (3/2/15) Retired, Personal Property Appraiser. Received a B.A. from The University of Texas at Austin and M.A. from Texas A&I University at Kingsville. Community Activities include: Nueces County Historical Commission, Republic of Texas Museum Committee and Texas Historic Preservation. (Advisory, Non -Voting) (2/24/15) h. SENIOR COMPANION PROGRAM ADVISORY COMMITTEE — Two (2) vacancies with terms to 6-16-15 and 6-16-1 representing the following category: 2 — At - Large. DUTIES: To advise City Council, City Manager, and Parks Department Staff regarding the Senior Companion Program ("SCP") including, but not limited to: recruitment strategies; provide support in recruitment of volunteers and volunteer stations; serve as community advocates and liaisons; assist in development of non-federal resources to include fundraising; advise on programming for impact; advise on how to measure trends and impact of trends in the community; assist with development and implementation of program evaluations and surveys; conduct an annual assessment of the program by surveying program volunteers; bi-annually assess project accomplishments and impact; and attend special events and activities related to Senior Companion Program. COMPOSITION: The committee shall consist of seven (7) members and must express an interest in the issues of older adults and have knowledge of the capabilities of older adults. The committee shall be composed of the following: 1 — SCP Volunteer (active volunteer for one-year/serve minimum fifteen (15) hours per week), 1 — SCP Volunteer Workstation representative (executive, director or similar leadership position at a current SCP Volunteer Station), and 5 — At -Large. All terms shall be two (2) years. ORIGINAL MEMBERS TERM APPTD. DATE Shirley Tipton (SCP Volunteer) 6-16-16 6-16-09 Maria (Isabel) Odeh (SCP Vol. Station) 6-16-16 6-16-09 ****Monica Rodriguez (At -Large) 6-16-16 2-09-10 Shirley A. Selz (At -Large) 6-16-15 11-09-10 Sherry L. DuBois (At -Large), Co -Chair 6-16-15 6-10-14 Tami Longino (At -Large), Chair 6-16-15 9-10-13 *Brian A. Rosas (At -Large) 6-16-15 9-10-13 Legend: *Forfeited position upon filing as candidate for City Council **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation (The Senior Companion Program Advisory Committee is recommending the new appointments of Veronica Suniga (At -Large) and Veronica Marcello (At -Large). INDIVIDUALS EXPRESSING INTEREST Karla Dowden 7109 Crapemyrtle Dr., 78414 Sales/Marketing, ServPro. Attended Ivy Tech Community College — Public Relations in Lafayette, Indiana. Formerly board member with Habitat for Humanity, American Red Cross, and Tippecanoe County Apartment Association and member of Chamber of Commerce in Lafayette, Indiana. Veronica Marcello 722 Ralston Ave., 78404 Veronica Suniga 5902 Ayers #379, 78415 Community Activities include: Make a Wish Foundation, Muscular Dystrophy Association and Toys for Tots. (At -Large) (2/4/15) Hospice Specialist, Gentiva Hospice. Received a BS in Interdisciplinary Studies from Texas A&M University -Kingsville and a MS in Museum and Library Science from Sam Houston State University in Huntsville, TX. Previously worked for Tuloso- Midway Independent School District as Lead Teacher for the Honor's Program. Recipient of Top Hospice Contributor Special Incentive Promotion, 2015 and You Make a Difference Award, November 2014. Program Leader for We Honor Veterans and Drive Leader for Gentiva Annual Food Drive. (At - Large) (3/19/15) Volunteer and Bereavement Coordinator, Legacy Hospice. Community Activities include: City of Corpus Christi Senior Centers and Church. (At - Large) (8/11/14) AGENDA MEMORANDUM Future Item for the City Council Meeting of March 10, 2015 Action Item for the City Council Meeting of March 17, 2015 DATE: TO: February 5, 2015 Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police Floyds@cctexas.com 886-2603 Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act Fund CAPTION: Resolution authorizing the submission of a grant application in the amount of $90,366.92 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit with a city match of $18,592.68 and $4,000 in-kind services for a total project cost of $112,959.60; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. PURPOSE: Year 15 funding is available from the State of Texas, Criminal Justice Division, which provides funds to projects with the primary mission of providing direct services to victims of crime. BACKGROUND AND FINDINGS: The grant continues the Victim Assistance Program that provides assistance to victims and family members with the goal of lessening the short and long-term trauma experienced as a direct result of victimization. Victims and their family members are provided with information, reassurance, and guidance for resolving problems and referrals to other social service agencies. The grant covers the salary/ benefits for two Victim Case Managers, equipment, supplies, training, and mileage. The case managers provide services to victims including information and referral, criminal justice support and case information, assistance with filing forms for benefits available through the Crime Victims' Compensation under the Texas Crime Victims Compensation Act, informing victims of their rights as victims, advocating on victims behalf with other agencies and within the criminal justice system, and transportation to shelter or to court. Primary and secondary victims of crime are assisted in an effort to stabilize their lives after victimization, help victims to understand and participate in the criminal justice system, and provide victims of crime with a measure of safety and security. The case managers also work closely through coalitions and with other agencies in an ongoing effort to identify needs and to improve the quality and continuity of services to victims in the community. The State provides $90,366.92 for the salary/benefits of two Victim Case Managers and mileage. Volunteer hours contribute $4,000 as an in-kind contribution, and the City contributes $18,592.68 for training, travel, supplies and miscellaneous equipment as the required 20% match. The funding is not on a declining percentage or ending funding cycle. This grant period will be 9/1/2015 — 8/31/2016. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: OMB Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 62,000.00 17,043.29 79,043.29 Encumbered / Expended Amount This item 1,549.39 17,043.29 18,592.68 BALANCE 60,450.61 0 60,450.61 Fund(s): General Comments: RECOMMENDATION: Staff recommends submission of the grant application LIST OF SUPPORTING DOCUMENTS: Resolution Resolution Authorizing the submission of a grant application in the amount of $90,366.92 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit with a city match of $18,592.68 and $4,000 in-kind services for a total project cost of $112,959.60; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Therefore, be it resolved bythe City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application to the State of Texas, Criminal Justice Division in the amount of $90,366.92 for funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit with a City match of $18,592.68 and $4,000 in kind services for atotal project cost of $112,959.60. SECTION 2. The City Manager, or the City Manager's designee, may apply for, accept, reject, agree to after the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these State of Texas, Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Criminal Justice Division in full. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn AGENDA MEMORANDUM Future Item for the City Council Meeting of March 10, 2015 Action Item for the City Council Meeting of March 17, 2015 DATE: TO: February 5, 2015 Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police Floyds@cctexas.com 886-2603 Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) Fund to continue the Victim Outreach Program CAPTION: Resolution authorizing the submission of a grant application in the amount of $78,273.18 to the State of Texas, Criminal Justice Division Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit to continue Year 3 of the Victim Outreach Program with a City match of $13,368.30 and $6,200 in-kind services, for a total project cost of $97,841.48; and authorizing the City Manager or designee to apply for, accept, reject, alter, or terminate the grant. PURPOSE: This funding is available from the State of Texas, Criminal Justice Division, to provide funds to projects with the primary mission of providing direct services to victims of crime. BACKGROUND AND FINDINGS: The grant is a new project for the Victim Assistance Program. Community Outreach is designed to assist victims in stabilizing their lives after victimization. In high crime rate districts, many victims are resistant to cooperation with law enforcement and the criminal justice system due to the emotional and physical impact of the crime. The grant will provide funding for a victim case manager to provide community outreach to identify resistant or reluctant victims of crime and assist victims in understanding and participating in the criminal justice system. Through public presentations, multi -disciplinary meetings and legal advocacy, the case manager will provide crisis intervention and follow up services in order to establish rapport and build resiliency of victims in districts at high risk for violence. A Staff Assistant keep accurate and timely records, including information properly entered into database systems. The State provides for the salary/benefits of one Victim Case Manager, one Staff Assistant, equipment, supplies, training, and mileage, volunteer hours contribute in-kind contribution, and the City contributes $13,368.30 for training, travel, supplies and miscellaneous equipment as the required match. The funding is not on a declining percentage or ending funding cycle. This grant period will be 9/1/2015 — 8/31/2016. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: OMB Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $62,000.00 $12,254.28 $74,254.28 Encumbered / Expended Amount This item $1,114.02 $12,254.28 $13,368.30 BALANCE 60,885.98 0 60,885.98 Fund(s): General Comments: RECOMMENDATION: Staff recommends submission of the grant application LIST OF SUPPORTING DOCUMENTS: Resolution Resolution Authorizing the submission of a grant application in the amount of $78,273.18 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit to continue Year 3 of the Victim Outreach Program with a city match of $13,368.30 and $6,200 in-kind services, for a total project cost of $97,841.48; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application to the State of Texas, Criminal Justice Division in the amount of $78,273.18 for funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit to continue Year 3 of the Victim Outreach Program with a city match of $13,368.30 and $6,200 in-kind services, for a total project cost of $97,841.48. SECTION 2. The City Manager, or the City Manager's designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these State of Texas, Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Criminal Justice Division in full. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn AGENDA MEMORANDUM Future Item for the City Council Meeting of March 10, 2015 Action Item for the City Council Meeting of March 24, 2015 DATE: March 10, 2015 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds@cctexas.com (361) 886-2603 Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com (361) 826-3169 Purchase of Radar Equipment CAPTION: Motion approving the purchase of twenty (20) ProLaser radars for the Corpus Christi Police Department in the amount of $65,335.60 from Kustom Signals, Inc. Chanute, KS. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (HGAC). Funds are available through the Crime Control and Prevention District. PURPOSE: These radars will be used by Uniform Patrol Officers in their daily duties throughout the City. BACKGROUND AND FINDINGS: On December 17, 2014, the Crime Control and Prevention District Board of Directors approved $1,323,658.59 in one-time expenditures which included the purchase of radars. ALTERNATIVES: None OTHER CONSIDERATIONS: None 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: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $402,551.09 $0 $402,551.09 Encumbered / Expended Amount $21,616.88 $0 $21,616.88 This item $65,335.60 $0 $65,335.60 BALANCE $315,598.61 $315,598.61 Fund(s): 9010 Crime Control and Prevention District 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 1. DESCRIPTION ProLaser 4 bundle with 5 -yr. extended warranty QTY. 20 PRICE SHEET HGAC CONTRACT NO. EF04-13 PURCHASE OF RADAR EQUIPMENT Kustom Signals, Inc. Chanute, Kansas UNIT each UNIT PRICE $3,266.78 EXTENDED PRICE $65,335.60 TOTAL: $65,335.60 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 10, 2015 Action Item for the City Council Meeting of March 24, 2015 DATE: March 10, 2015 TO: Ronald L. Olson, City Manager FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com (361) 826-3169 Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Lease -Purchase of Aerial Platform Vehicle Unit CAPTION: Motion approving the lease -purchase of one (1) aerial platform vehicle unit from Siddons-Martin Emergency Group, Houston, Texas for a total amount of $1,199,000.00, of which $21,199.88 is required for the remainder of FY 2014-2015. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Financing for the lease -purchase will be provided through the City's lease -purchase financing contractor. PURPOSE: The aerial platform vehicle unit will be used by the Fire Rescue Division of the Fire Department for emergency response services. BACKGROUND AND FINDINGS: This unit will replace an existing aerial platform unit, allowing Fire Rescue to maintain the current level of service in the community. ALTERNATIVES: None. OTHER CONSIDERATIONS: Financing for the lease -purchase is based on a sixty -month term with an estimated interest rate of 2.35% for an annual payment of $254,398.56. The total estimated cost over the five-year period, including principal of $1,199,000.00 and interest of $72,992.80, is $1,271,992.80. Funding for this purchase is from monies already part of the Fire Department's lease payment schedule for FY 2014-2015. 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: Fire Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,169,790.84 $1,250,792.92 $2,420,583.76 Encumbered / Expended Amount $1,148,590.96 $0 $1,148,590.96 This item $21,199.88 $1,250,792.92 $1,271,992.80 BALANCE $0 $0 $0 Fund(s): General 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 PRICE SHEET TLGPC CONTRACT NO. 399-12 AERIAL PLATFORM VEHICLE UNIT QTY. UNIT Siddons-Martin Emergency Group Houston, Texas UNIT PRICE 100 foot aerial rear -mount platform vehicle unit TOTAL: 1 Each $1,199,000.00 EXTENDED PRICE $1,199,000.00 $1,199,000.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of 3-10-2015 Action Item for the City Council Meeting of 3-24-2015 DATE: February 13, 2015 TO: Ronald L. Olson, City Manager FROM: Yasmine Chapman, Director of Human Resources Yasminec@cctexas.com 361-826-3315 Michael Armstrong, Chief Information Officer MichaelAR@cctexas.com (361) 826-3740 Approving the purchase of the Learning Management Subscription Licenses CAPTION: Motion authorizing the City Manager or designee, to approve a five year agreement for the purchase of Learning Management Subscription licenses and consulting hours from INFOR (US), Inc., Alpharetta, GA in the amount of $257,688. Expenditures for the first year total $97,688 that includes $57,688 in consulting hours and annual subscription licenses of $40,000. Funds are available in the Human Resources FY2015 budget and the annual subscription licenses of $40,000 will be requested through the budget process for subsequent years. PURPOSE: To provide subscription licenses for a learning management system and consulting hours to the Human Resources department for a solution that is compatible and integrated with the ERP (Enterprise Resource Planning) software currently being implemented by the City. BACKGROUND AND FINDINGS: The City of Corpus Christi currently does not have capabilities to provide e -learning in a fully - integrated learning management system. The purchase of licenses and consulting hours will provide access to the INFOR Certpoint learning content management system (LCMS), comprehensive learning management reports, and mobile learning capability. This INFOR e -learning platform will provide access to tools that we need to provide enterprise e -learning, for a solid record of learning reporting. ALTERNATIVES: Operate without the benefit of an online training environment. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The purchase confirms with City purchasing policies and procedures. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Human Resources Department Municipal Information Systems Department Office of Management and Budget Finance and Purchasing Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015 through FY 2019 (5 Years) Project to Date Expenditure s (CIP only) Current Year Future Years TOTALS Line Item Budget $170,000 $850,000 Encumbered / Expended Amount $8,128.84 This item $97,688 $40,000 (x4) $257,688 BALANCE $64,183 $59,2312 Fund(s):1020 Comments: Funds will be requested through the budget process for subsequent years. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: INFOR Order Forms INFOR Statement of Work infix ORDER FORM This Order Form is subject to the terms of Exhibit 9 (Subscription License and Services Agreement) of the Master Contract between Infor (US), Inc. and City of Corpus Christi ("Licensee") with an Effective Date of May 15, 2013 (the "Agreement"). All terms of the Agreement are incorporated herein by reference. In the event of a conflict, the terms of this Order Form control over the terms of the Agreement. Capitalized terms not defined in this Order Form are defined in the Agreement. In the event the capitalized terms in this Order Form differ from the terminology used in the Agreement, references herein to: "Subscription Software" and "Component Systems" shall have the same meaning, refer to the computer software programs identified this Order Form and may be referred to in the Agreement as Component Systems, Products, Software Products, Subscription Software, Software, Programs or Licensed Programs; "Support" may be referred to in the Agreement as Support, Maintenance and Support, Annual Support, Support Services, On -Going Support or One Point Support; and "License Restriction" means any limitation on the use of the Subscription Software and may be referred to in the Agreement as License Restriction or User Restriction. 1. Subscription Software *If specified in the License Restriction field: • EU = "End User" means Licensee's current (i.e, non -terminated) full-time, part-time, or seasonal employees, consultants or contractors who either (i) use the Component System directly or (ii) whose records, schedules, or related data are processed by the Component System. Support is included in Subscription Services. Support Type: see Exhibit 1 for Support level description. II. Subscription Term and Subscription Fees Initial Subscription Term: Subscription Service Ready Date through five (5) years Part # (if applicable) Subscriptian Software License Restriction* Quantity Type 1 LMS-S-LMSLM Learning Management Subscription 3,500 EU 2 LMS -S- LMADHR Learning Management Ad -Hoc Reporting Subscription 3,500 EU *If specified in the License Restriction field: • EU = "End User" means Licensee's current (i.e, non -terminated) full-time, part-time, or seasonal employees, consultants or contractors who either (i) use the Component System directly or (ii) whose records, schedules, or related data are processed by the Component System. Support is included in Subscription Services. Support Type: see Exhibit 1 for Support level description. II. Subscription Term and Subscription Fees Initial Subscription Term: Subscription Service Ready Date through five (5) years Additional Annual Subscription Fee: 540,000.00 Fee for Initial Subscription Term: $200,000.00 Total Amount Due (before applicable taxes): 5200,000.00 All amounts are in US Dollars unless otherwise specified. Currency: United States Dollars OP -01878993 JMG 1-12-15 Infor LMS Order Form (March 2014) Page 1 of 17 III. Payment Terms Annual Payment Terms: Licensee shall pay the Annual Subscription Fee, in advance, as invoiced by Infor. The first Annual Subscription Fee, plus applicable taxes, will be invoiced promptly upon the Subscription Service Ready Date. All other Annual Subscription Fees will be invoiced such that they are due prior to the commencement of the portion of the Subscription Term to which the Annual Subscription Fee applies. Licensee shall pay all invoices within 15 days of the date of the invoice. Licensee Account ID: 1000131 96 Infor GL ID: USOAB Account Executive Name: Shelly Carroll Primary Location Address: Invoice Address: (if blank, the Primary Location Address shall be used for Invoicing) City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Contact Name: Belinda Mercado Contact Name: Contact Title: Contact Title: Contact Phone: 361-826-3732 Contact Phone: Contact email: bmercado@cctexas.com Contact email: IV. Definitions "Subscription Service Ready Date" means the date Infor informs Licensee that the Subscription Service is accessible, but not ready for use, by Licensee for the respective Subscription Software listed in this Order Form. This date is not synonymous with any Licensee launch or go -live date (date software is ready for use). V. Additional Terms No changes or modifications of any kind to this Order Form shall be accepted after execution unless signed in writing by both parties. Any purchase order or similar document (other than a mutually executed and delivered Order Form) that may be issued by the undersigned Licensee in connection with this Order Form does not modify this Order Form or the Agreement to which it pertains. No such modification will be effective unless it is in writing, is signed by each party, and expressly provides that it amends this Order Form (or as applicable, the Agreement). For U.S. Government entities, the following restricted rights clause applies: This Component System is a "commercial component," as this term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "computer software documentation," as such terms are defined in 48 C.F.R. 252.227-7014(a)(I) and 48 C.F.R. 252.227-7014(a)(5), respectively, and used in 48 C.F.R. 12.212 and 48 C.F.R. 227.2702, as applicable, and all as amended from time to time. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202, and other relevant sections of the Code of Federal Regulations, as applicable, and all as amended from time to time, all U.S. Government entities acquire this Component System only with those rights set forth in the license agreement accompanying this Component System. Use, duplication, reproduction, or transfer of this commercial software and accompanying documentation is restricted in accordance with FAR 12.212 and DFARS 227.7202 and by a license agreement. By signing this Order Form, Licensee represents and warrants that it has obtained all necessary authorizations and approvals including, but not limited to, appropriation of funds and budget approval. Licensee's purchase of the subcription specified herein is not contingent or dependent upon the provision of any consulting services Licensee may choose to purchase from Infor contemporaneously with this Order Form or in the future. Exhibit 1 —Service Level Description is attached to and made a part of this Order Form. OP -01878993 JMG 1-12-15 Infor LMS Order Form (March 2014) Page 2 of 17 Effective date of this Order Form: (the "Order Form Date") THE PARTIES have executed this Order Form through the signatures of their respective authorized representatives. For: Info (US), Inc. For: City of Corpus Christi (Legal Name of Licensee) Signature Signature Patricia Elias Ronald L. Olson Typed or Printed Name Typed or Printed Name Associate General Counsel City Manager Title Title February 12, 2015 Date Date ATTEST: Rebecca Huerta City Secretary Date APPROVED AS TO FORM: Buck Brice (Date) Assistant City Attorney For City Attorney OP -01878993 JMG 1-12-15 Infor LMS Order Form (March 2014) Page 3 of 17 EXHIBIT 1 TO ORDER FORM SERVICE LEVEL DESCRIPTION FOR INFOR LEARNING MANAGEMENT SYSTEM This Service Level Description describes the certain operational details and service levels for Infor's Learning Management System (the "LMS") which the Licensee has subscribed for pursuant to a Subscription License and Services Agreement (the "Agreement"). This Service Level Description describes the Subscription Services and Support offered under the Agreement and is considered part of the Documentation as defined in the Agreement. This Service Level Description is organized around three major concepts: A) LMS Architecture and User System Requirements, B) Technical Support and C) Hosting Services Description. Capitalized terns not otherwise defined in this Exhibit I shall have the meanings set forth in the Agreement. A. LMS Architecture and User System Requirements The Software and Hardware Requirements listed in this Exhibit I represent the minimum requirements necessary for the LMS to operate. Note A - Infor reserves the right to discontinue support of any third party software components that are no longer supported by their respective vendors as a lack of support from the vendor may prohibit Infor from providing a satisfactory solution to errors that may be encountered by the Licensee during normal use. Furthermore, if Licensee encounters an error on a supported platform, the corrective course of action recommended by Infor may be to apply patches or fixes provided by the respective hardware or software vendor in order to resolve the error. Note B - The System Requirements for LMS may change over time. Infor will notify customers of material changes likely to affect use of the LMS six months in advance to allow time to make or plan any necessary changes. Infor offers the LMS in a hosted, software as a service (SaaS) environment (such environment the Hosting Services). The platform for the Hosting Services will be selected, managed, and maintained by Infor. The primary hosting environment for the LMS is in the United States. Infor reserves the right to select one or more alternate environments for the Hosting Services or move to another hosting location at any time. Upon request of Licensee, Infor will provide Licensee with additional detailed information regarding the operating environment from which the Hosting Services are provided. LMS Administrator Infor's browser -based administrative application is used by LMS administrators to control access to LMS, set up learning events, and view the results of learning activities. Software Requirements Operating System Microsoft Windows XP, Windows Vista, or Windows 7 Browser Microsoft Internet Explorer 8.0 or above Microsoft Silverlight Runtime Microsoft Silverlight Runtime 4.0 or above is required. Hardware Requirements CPU Pentium -class .rocessor runnin : at 1.5 GHz or above Memory 1 GB RAM or above (2 GB RAM recommended) Display 1024 x 768 or above with 65,000 colors Connectivity LAN connection to a TCP/IP network with 256 Kbps connection or above OP -01878993 JMG 1-12-15 Infor LMS Order Form (March 2014) Page 4 of 17 LMS Content Creator ("LMS CC") Authors use Infor's Windows-based, template -driven authoring environment to create LMS course content. LMS CC requirements are as follows. LMS CC Software Requirements Operating System Microsoft Windows XP, Windows Vista, or Windows 7 Browser Microsoft Internet Explorer 8.0 or above Adobe Flash Plug-in The Adobe Flash 9 or above plug-in is required by Content Creator. Microsoft Office To leverage the Microsoft Office Integration features of Content Creator, Microsoft Office 2003 or Microsoft Office 2007 or Microsoft Office 2010 must be installed and activated. Microsoft .NET Framework In order to convert Microsoft PowerPoint documents into Adobe Flash files, authors must have the .NET Framework 2.0 (with SP I or above) installed. LMS CC Hardware Requirements CPU Pentium -class processor running at 1.5 GHz or above Memory I GB RAM or above (2 GB RAM recommended) Hard Disk 100 MB hard disk space for application plus additional space for course content Display 1024 x 768 or above with 65,000 colors Connectivity LAN connection to a TCP/1P network with 256 Kbps connection or above Sound Windows -compatible sound card and speakers (required if audio is used in courses) LMS Portal, Learner and SCORM Player Learners use Infor's web -based learning environment to access LMS courses and track their learning. OP -01878993 J MG 1-12-15 Infor LMS Order Form (March 2014) Page 5 of 17 LMS Portal, Learner and SCORM Player Software Requirements Operating System Microsoft Windows XP, Windows Vista, or Windows 7 Mac OSX Browser Microsoft Internet Explorer 8.0 or above Mozilia Firefox 4.0 or above Apple Safari 4.0 or above Optional Plug -ins (dependent on course content) Media players and versions dependent on course content Adobe Flash Player 9.0 or above LMS Portal, Learner and SCORM Player Hardware Requirements CPU Pentium -class processor running at 1 GHz or above Memory 512 MB RAM or above (1 GB RAM recommended) Display 800 x 600 with 256 colors minimum (1024 x 768 or above with 65,000 colors recommended) Connectivity LAN connection to a TCP/IP network or 56 Kbps dial-up connection or above Sound Windows compatible sound card and speakers (required if audio is used in courses) OP -01878993 J MG 1-12-15 Infor LMS Order Form (March 2014) Page 5 of 17 LMS Offline Viewer Learners use Infor's client based course viewer application to interact with LMS courses while not connected to the Internet. LMS Offline Viewer Software Requirements Operating System Microsoft Windows XP, Windows Vista, or Windows 7 Browser Microsoft Internet Explorer 8.0 or above Java Runtime Environment Sun Microsystems Java Runtime Environment (JRE) 1.4 or above Microsoft JVM Optional Plug -ins (dependent on course content) Adobe Flash Player 9,0 or above Additional media players and their required versions are dependent on course content LMS Offline Viewer Hardware Requirements CPU Pentium -class processor running at 1 GHz or above Memory 512 MB RAM or above (1 GB RAM recommended) Hard Disk 30 MB hard disk space for application plus additional space for course content Display 800 x 600 with 256 colors minimum (1024 x 768 or above with 65,000 colors recommended) Connectivity LAN connection to a TCP/IP network or 56 Kbps dial-up connection or above Sound Windows compatible sound card and speakers (required if audio is used in courses) LMS Mobile: Mobile Hardware and Software Requirements: Below is the list of mobile devices, operating systems, and LMS functions currently supported in a mobile environment. The manufacturers, distributors or carriers of the mobile devices and operating systems referenced below have not certified or endorsed the LMS. The list below is intended only to indicate that the mobile devices on this list have adequate memory to run the LMS and the operating systems are capable of running the LMS based on Infor's internal testing. Performance of the LS on any mobile devise depends on, among other factors, the mobile broadband carrier and data plan selected by the user, available bandwidth and local coverage, and other applications that maybe running simultaneously with the LMS. Testing for compatibility for all devices on all carriers is not feasible. However, Infor will make reasonable efforts to trouble shoot and resolve compatibility issues for the supported devices listed below. Infor has optimized LMS to run on desktops and tablets. The application detects the type of device being used and makes Ul and other adjustments automatically including: — Resizing buttons — Re -organizing menus — Remembering users last position in the course OP -01878993 MG 1-12-15 Infos t_MS Order Fortin (March 2014) Page 6 of 17 Supported Tablets Apple iOS iOS versions 5.x • iPad 2 • iPad 3 Android 2.3.x Gingerbread 3.x.x Honeycomb 4.O.x %e Cream Sandwich • Samsung Galaxy Tab • Samsung Galaxy Tab 2 • Sony Tablet S (coming soon) • Kindle Fire (coming soon) BlackBerry PlayBook Playbook OS 2.0 Supported Smart Phones Apple LOS iOS versions 4.x, 5.x SUPPORTED DEVICES: • iPhone4 • iPhone 3GS • iPhone 3G • iPod touch BlackBerry SUPPORTED DEVICES: • iPhone 4S • Series 9Oxx (Bold) • Series 93xx (Curve) • Series 95xx (Storm) • Series 96xx (Tour) • Series 97xx (Bold) • Series 98xx (Torch) • Series 99xx (Bold) Android • Any Android Smart Phones running on Fryo 2.2 or greater. Windows Mobile • A Windows Mobile 7 device with an IE -7 or greater browser Infor LMS functions supported in Mobile Environment: LMS Mobile serves learners by supporting all portal features including collaboration, advance certification, competency management, transcripts, notifications, impersonation, and reports on tablets. It also tracks all course scores and sessions, including scores and sessions for third party content optimized for mobile delivery. All portal functions in LMS mobile are managed by your desktop/ laptop- based LMS administrator. LMS Mobile also supports some of the key Portal Functionality such as "My Courses", "My Transcript" & "My Profile" on Smart Phones. OP -01878993 JMG 1-12-15 lnfor LMS Order Foran (March 2014) Page 7 of 17 B. Technical Support Infor provides technical support ("Support") and other services as noted herein under the terms and conditions in this Agreement. Licensee's purchase at least one of the three Support packages described in Appendix 1 below. Levels of Support • Level 1 Support ("Help Desk") is provided directly to the Registered Users. Infor belives that the most efficient approach to providing Level 1 support is via Licensee's Help Desk. Therefore, Infor provides comprehensive training and documentation for the Licensee's Help Desk. Because of the intuitive nature of the Learner interface, the Level 1 support call ratio is insignificant — typically 1% or less - and generally involves help with issues unrelated to the LMS software or its system requirements. Nevertheless, should Licensee request Level 1 support, Infor will provide such support through Help Desk partnering at a mutually agreed cost based on the Licensee's needs. • Level 2 Support is provided directly to professionals designated by the Licensee. Cases will be classified as either "How To" or "Software Default", as defined below. All other cases shall be deemed Level 3 Support. - The "How To" case refers to clarification on a single topic or feature of the Software. The "How To" inquiries may pertain to the installation, configuration, or operability of the LMS. Clarification of "How To" cases does not involve replication, corrections, or enhancements to the operation of the LMS and is not a "Software Default" defined as follows: • A "Software Default" case means any incident, defect, breakdown, or blockage in the Software that prevents the LMS from performing substantially in accordance with its Documentation and the "User System Requirements" as specified in this Exhibit 1. Clarification of "Software Default" cases involves replication, corrections, or enhancements in the operation of the LMS. All other defaults, including, but not limited to, defaults caused by the Licensee's IT environment, content produced by vendors other than Infor, personal hardware configurations, and. customizations and configurations not authorized by lnfor, are not a Software Default. Infor maintains the right to, from time to time, update and modify the "User System Requirements" with new versions of the software and will provide commercially reasonable notice of such modifications to the Licensee. Licensee shall provide Infor prompt written notice of any "Software Defaults", including all necessary information to replicate the default, documentation, technical assistance and, when necessary, access to the computing device on which the issue occurred, including all information and cooperation necessary to reproduce such failure. • Level 3 Support required by professionals designated by the Licensee for troubleshooting any issues that are not classified as Software Defaults. This, includes, but is not limited to, Licensee created Flash Templates, SCORM or AICC related issues for content other than content created by Infor, customization or configuration of the LMS features beyond the scope of documentation and training, and the troubleshooting of any Licensee specific product enhancements. Infor Support will escalate these issues to a Technical Account Manager and / or other designated professionals as required, and these cases will be billed at an hourly rate to be agreed upon prior to performance of any such services. Technical Support Criteria Infor shall not be obligated to provide Support in the following instances: (a) Licensee is not using the LMS in accordance with its then current User System Requirements, Documentation and Training. (b) Any error reported by Licensee and reasonably determined by Infor to be due to a cause other than the LMS software, including, without limitation, Licensee's misuse of the LMS or infrastructure. (c) Licensee fails to install or approve deployment of any maintenance release packages provided by Infor. (d) Licensee obtains or modifies the LMS software source code without Infor authorization. (e) Licensee uses, installs or attempts to use or install software which interfaces with the LMS , or writes to or modifies any data file maintained or accessed by the LMS which has not been authorized by Infor. (f) Licensee requests for customization of documentation. OP -01878993 JMG 1-12-15 Infor LMS Order Form (March 2014) Page 8 of 17 (g) (h) (i) (i) (k) Licensee requests for edits or changes to the LMA software, the LMS CC, SCORM, or AICC courses. Licensee requests for troubleshooting issues related to the use of third party development tools and third party content. Licensee requests for manipulation of data. Licensee requests for Ad Hoc Report creation beyond the scope of documentation. Licensee requests for troubleshooting SCORM or AICC content issues that have not gone through compliance/conformance checks through tools such as ADL Test Suite or SCORM Cloud. Any Support services provided by Infor to address problems caused by any of the above reasons will be escalated to an Infor Technical Account Manager and billed at an hourly rate to be agreed upon prior to performance of any such services. • Support shall be provided by means of remote access to the LMS or Licensee's computer systems or through telephonic support. Any technical support related services provided to Licensee on-site are chargeable at Infor's then current time and materials rates. • Support shall not be provided directly to Registered Users. Support shall be provided only to the contact persons designated by Licensee by written notice to Infor. Default Definitions 1. Hosting Services: Fatal Default Server down or site inoperable, i.e., Software is not available 2. Software Defaults: Software Default Software Default shall mean any incident, defect, breakdown, or blockage in the Software that prevents the Software from performing substantially in accordance with its Documentation and the "System User Requirements" as specified in this Exhibit 1. All other defaults including, but not limited to, defaults caused by the Licensee's IT environment, content produced by vendors other than Infor, personal hardware configurations, and customizations and configurations not authorized by Infor, are not a Software Default. Severity of Default: Blocking Default Blocking default shall mean a Software Default that prevents all Registered Users from using the LMS. This could be a server hardware issue, a global outage, or a deployment issue. Major Default Major default shall mean a Software Default that prevents a majority of Registered Users (over 50%) from using one or more functions of the LMS. Users can continue to work on the majority of other functionalities and may use workarounds for defective features while waiting for a resolution. The overall operation of the LMS is not completely affected. Minor Default Minor default shall mean any Software Default other than a Blocking Default or a Major Default is preventing some Registered Users from using the LMS or using a Software function. OP -01878993 J MG 1-12-15 Infor LMS Order Form (March 2014) Page 9 of 17 3. Level of Urgency: Urgency This is a qualification of the bug within the Licensee context. It helps identify the level of urgency and special attention required for the fixing of the defects. Level of Urgency: Time to acknowledge High This level of urgency has a high disturbance on Licensees business processes and set objectives. For example, on a set and communicated date, the Licensee has a product launch and many people are targeted or the Licensee has established a deployment date where many departments are expecting. In this case, the following features could be considered as important features to fulfill the objective: > The ability to use LMS CC to create courses and to publish them to the server. The ability for users to access their enrolled or available curriculum / courses. ➢ The ability for an Administrator to set up curriculum/courses and assign them to individuals or groups. > The ability to import SCORM and AICC courses. Medium This level of urgency does not prevent Users and / or Administrators from accessing or configuring the most important functionalities. However, certain features could malfunction preventing the Licensee access to nominal levels of automation and be forced to use a degraded mode of operation. This situation concerns functions such as: • Some system notifications are not being received. • Reporting data accurate in most areas, but not all. • Certifications cannot be printed. • The Search function is slow or does not show the required result Low This level of urgency does not cause any impact on Licensees operations. Any situation considered as cosmetic or somewhat limiting in nature. Software Defaults: Priority Level Default Type Level of Urgency Time to acknowledge Time to restore in business hours* 1 Blocking Default High Within one business hour Within 24 business hours 2 Major Default High Within three business hours Within 72 business hours (For Content Creator issues — 5 business days) 3 Major Default Medium Within 3 business hours but shall not exceed 24 hours or the next business day if a weekend. Within 15 business days 4 Minor Default Low Will vary with the Support Package purchased by the Licensee, but shall not exceed 24 hours or the next business day in the case of a weekend or holiday. Commercially reasonable efforts to restore within the next monthly update, unless agreed for a later restoration with the Licensee, which agreement will not be unduly withheld. * Excludes time to replicate the Default and assumes that Licensee provides adequate information to replicate the Default; and if the Licensee hosts the Software, the Licensee provides timely access to Licensee's servers to replicate the Default, or enables Infor to replicate the exact Licensee environment on its servers at Licensee's expense. OP -01878993 J MG 1-12-15 lnfor LMS Order Form (March 2014) Page 10 of l7 Technical Support Resolution Process Customer inmates Technical Support Request (phone, email, Online Center) TSE reviews the support case details and investigates TSE provides resolution to customer Case is escalated to Tier 2 Support Level Case is escalated back to Tier 2 support and process is repeated until it is resolved OP -01878993 ,1MG 1-12-15 Infor LMS Order Form (March 2014) Yes Yes TSE contacts customer to get more information TSE documents case details and doses the case TSE provides resolution to customer, documents details and doses Case TSE = Technical Support Engineer Page 11 of 17 Production and Staging Environments The LMS installation consists of two production sites and one staging site. • Live Site (View Server) — This site hosts live courses and Registered Users access this site for their learning needs. • Course Development Site (Edit Server) — This site is used for the development and testing of courses. • Staging Site — This site is used for defect verification and approval of Software hot fixes. Deployment Process for Licensee Reported Software Defaults 1. The Licensee reports a Software Default to Infor Support. 2. Infor Support reproduces the default and escalates to Infor Development; a. The default is reproduced in the Staging site; it is logged and assigned to the Infor Development team b. Infor personnel may require the Staging site be replicated with data from the Live site as needed to troubleshoot the default. Typical turnaround time is one business day. 3. Infor Development corrects the defect and provides fix to Infor QA; a. The development team fixes the defect and a hot fix package is created b. The hot fix package is deployed to a QA environment for regression testing c. The hot fix package is approved by Infor QA. 4. Infor Support validates the hot fix package and notifies the Licensee; a. The hot fix is deployed to the Staging site and is validated again by Infor Support b. Once the hot fix is validated on the Staging site, the Licensee is notified that the hot fix is available c. The Licensee is required to review the hot fix on the Staging site and approve deployment to the Production environment. Level 3 Support Services Infor offers services beyond the scope of Support which are available at an additional cost or pursuant to a mutually agreed Software Services Agreement and Statement of Work. The following is list of typical Level 3 support requests: • Ad Hoc Report consulting • Instructional design consulting • Course development • New implementation projects and/or configurations beyond the initial Software rollout • Development of multimedia and graphics for Portals and/or course content • Customizations and/or new feature development within the Software • Integration projects involving but not limited to Web Services or the HR Integration Utility • Troubleshooting of client -created flash templates • Creation of custom reports and/or reporting views • Software use training Support Contact Information Professionals designated by the Licensee can submit their Support incidents in the following manner: • By logging in to the Infor Xtreme Portal at http://www.inforxtreme.com for all Support Packages • By calling Infor Global Support at 1-877-772-4111, Monday through Friday - reserved for Plus and Premier Packages only. For a detailed listing of all support numbers visit http://www.infor.com/contact/ OP -01878993 JMG 1-12-15 Infor LMS Order Form (March 2014) Page 12 of 17 Individuals authorized to submit support requests to Infor The following individuals are authorized to submit support requests to Infor (Please fill in full name and title) Licensee contact Licensee contact Licensee contact Holidays: Infor Support will not be available during public holidays in the U.S. Generally, holidays falling on the weekend are observed on the Monday of the following week. • New Year's Day • Memorial Day • Independence Day • Labor Day • Thanksgiving Day / Day after Thanksgiving • Christmas Day Tracking Support Cases: Infor will communicate the status of cases on a frequent basis. Named individuals of the Licensee will have access to Infor's Xtreme Support portal at https://www.inforxtreme.com which is available 24 hours a day, 7 days a week to track the status of incidents for all Support Packages. The Licensee will also have access to the the LMS Knowledgebase and Documentation Library on this site. OP -01878993 JMG 1-12-15 Infor LMS Order Fonn (March 2014) Page 13of17 Appendix 1- Level 2 Support Packages Technical Support Sec\ices "How To" / Informational Cases • Licensee poses a question or requests clarification on a single tonic or a feature of the Software • Maximum of 30 minutes per case • Each 30 minute "How To" case counts as one (I) Support Credit. If more time is required. additional support credits can be applied. Software Default Cases • A Default Case is a fully documented single default reported by the Licensee with adequate information to enable Infor to replicate the default internally in the environment conforming to the User System Requirements. Resolution of such case may involve several interactions between the Licensee and the support group. • Infor shall fix defaults determined to be the Software Defaults at no charge to the Licensee. • Fixes for defaults other than Software Defaults will be deemed Services subject to an SOW and billed accordingly. • Maximum of 60 minutes per case. • Each 60 minutes counts as two (2) Support Credits. If more time is required, additional support credits can be applied. Hosting Services Default • Infor hosting environment is down i.e. LMS is not available Services: The following services are not Level 2 "How to" or "Software Default" cases and will be billed in hourly increments at an hourly rate to be agreed upon in writing prior to provision of such services. Services that are not Level 2 include, but are not limited to: • Client requests for conference calls and live meetings other than status called covered by support packages purchased by the licensee • All Level 3 Support - troubleshooting issues other than "Software Defaults" • Request for Ad Hoc Report creation • Request for content changes to a LMS or SCORM/AICC course • Troubleshooting courses created by parties other than Infor • Editing of multimedia and graphics files for inclusion within any LMS component • Request for data manipulation • Request made for database backup retrieval and/or data restoration OP -01 878993 JMG 1-12-15 Infor LMS Order Form (March 2014) Page 14 of 17 Standard, Plus and Premier Services Methods to open ticket Online 24 x 7 Technical Support Center Access -- to submit tickets, access FAQ's and Knowledgebase, download documentation # of Support Incidents Included: - How To Cases (up to a 30 minute case = 1 support credit) - Software Default Cases (up to a 60 minute case = 2 support credits) Standard Email / Online only Free PIus Premier Email /Online / Phone Free Email / Online / Phone Free Hours of Support: • Central European time zone One time zone is included in each support package. Licensees must designate one time zone on the Order Form. The Premier Support package includes one additional time zone for free. Time zones can be added for an additional charge of $2,500 per year. Designated Technical Support Engineer (TSE) Response Time in business hours • How -To cases • Blocking default cases • Major Defaults cases • Minor Defaults Priority Ticket Routing Weekly / Biweekly 30 minute Status Calls and / or pre -agreed reports Personalized Services: In addition to the Standard, Plus and Premier packages, customized support packages with tailored services and dedicated Technical Account Managers (TAM's) are offered. The TAM brings expertise in order to maximize the Software's benefits and implement best practices accumulated over 16 years of lnfor's experience. The TAM can assist with change management, serve as a technical advisor, assist with customizations, integrations, new features, web services, creation of ad hoc reports, SCORM/AICC support, HR utility issues, portal modification, competency management, etc. OP -01878993 JMG 1-12-15 infor LMS Order Form (March 2014) 24 credits Mon — Fri 9:00 am - 6:00 pm 9:00 am - 6:00 pm 9:00 am - 6:00 pm 9:00 am - 6:00 pm None 9:00 am — 5:00 pm Next business day 1 hour 3 hours Next business day None None 30 credits Mon - Fri 8:00 am - 5:00 pm 8:00 am - 5:00 pm 8:00 am - 5:00 pm 8:00 am - 5:00pm Included 9:00 am - 5:00 pm Same business day 1 hour 3 hours Same business day None Biweekly 30 credits Mon - Fri 8:00 am - 7:00 pm 8:00 am - 7:00 pm 8:00 am - 7:00 pm 8:00 am - 7:00 pm Included 9:00 am - 5:00 pm Within 2 hours 1 hour 2 hours Within 3 hours Included Weekly TAM Pricing: Note - each day is 9:00 am - 5:00 pm: with a one hour lunch. • Ad Hoc assistance at $1,750 per day • 5 day package - $1,500 per day • 10 day package - $1,400 per day • 25 day package - $1,200 per day • 50 day package - $1,000 per day Page 15 of 17 C. Hosting Services Description This Section C describes the Hosting Services environment currently provided by Infor in the United States. Infor reserves the right to select one or more alternate environments for the Hosting Services or move to another hosting location at any time. Upon request of Licensee, Infor will provide Licensee with additional detailed information regarding the operating environment from which the Hosting Services are provided. Hosting Services Infrastructure - The Hosting Services are supported by commercially reasonable redundant infrastructure including • Power infrastructure that includes redundant sources (multiple power feeds, generators, battery backups), multiple power distribution systems, and redundant power supplies; • Environmental controls that include highly available precision HVAC systems, humidity controls, and water detection systems; • Network infrastructure that includes multiple Internet Service Providers, redundant edge routers, firewalls, and switches; • Hardware and software redundancy in support of virtualized and physical servers; and • Storage solutions that provide redundant back end data storage. Infor maintains a disaster recovery site where Licensee's data is replicated on a regular basis. Technical Change Management — Infor maintains change management system to ensure review and controlled implementation of changes that Infor may make from time to time in the support of the Hosting Services. Changes require both a risk analysis and a peer review before being implemented in Infor's infrastructure. Security & Privacy — Infor takes great care to protect non-public information provided to us by our customers. Infor may have access to non-public information from multiple sources that include: Directly from use of one of Infor's hosted applications. Directly from a customer's designated service representative or indirectly via batch data transfers. • In the course of transactional activities as information is updated or processed by an Infor hosted application, or through data maintenance activities. • Other sources as defined by one of our solutions. Infor has implemented a defense -in-depth strategy to protect non-public information. This strategy is based upon best -practices designed to comply with applicable laws and regulations and is based upon widely accepted industry standards. Our security management system is based on the following: • • • • Security Policies: We require that all employees be responsible for the security of non-public information and follow the practices defined within the Information Security Management System. Information Security Organization: Infor's management is committed to security and has established an organization responsible for the security of non-public information. Asset Management: All assets are strictly controlled and all information is classified in order to determine the appropriate controls required for access and handling. Human Resources Security Practices: In the US, Infor conducts a comprehensive background check and screening at the time each employee is hired and requires that employees maintain familiarity and compliance with security responsibilities. When employees leave Infor, a formal process is established to remove their physical and virtual access to the Infor infrastructure. Physical and Environmental Security: Infor places critical components in physically controlled spaces with best -practices in place to secure infrastructure. Physical and environmental security measures include card and/or biometric access controls, and limited access to secure locations based on job function. Communication and Operations Management: Infor has implemented strong operational procedures to protect information. Our controls surrounding system planning, protection from malicious code, backup Subscription Order Form (US Oct. 2014) Page 16 of 17 processes, network security, media handling and exchange of information are constantly being analyzed and monitored to insure they provide reasonable protection for your data. Third party service providers with access to confidential information are required to adhere to security and privacy requirements that are consistent with and at least as restrictive as Infor's own policies and procedures regarding the protection of confidential information. Access Control: All access to systems, networks, and applications is controlled down to the user and resource level with role -based privilege techniques. This access is reviewed on a periodic basis to ensure that a change of personnel or a change of role has not modified the access needs of the individual. System Development: Security requirements of all applications that handle confidential information are defined early in the development stage. Appropriate data protection techniques are designed into the application while changes to developed software must go through a mature change management process. Incident Management: In the unlikely event of an actual or reasonably suspected security incident, our teams immediately begin work to identify the scope if impact, mitigate any exposure, determine the root cause of the incident and take appropriate corrective action. • Compliance: We are constantly analyzing the requirements of legal, regulatory, and contractual obligations to ensure we are abiding by the requirements that apply to the handling of your data. Scheduled Maintenance — The Hosting Services shall be subject to a regularly scheduled weekly maintenance window, Infor makes commercially reasonable efforts to establish maintenance windows during times that minimize impact to Licensee's users. While most of Infor's maintenance can be completed during regularly scheduled maintenance windows, from time to time maintenance must be performed outside of the scheduled maintenance windows to maintain the integrity and security of the Hosting Services. In such cases, Infor will provide Licensee's primary point of contact as much advance notice of the planned maintenance as is technically feasible. The regularly scheduled weekly maintenance windows and any period of unavailability due to maintenance for which Licensee is given at least 24 hours advance notice is considered "Scheduled Maintenance". Availability — Infor's goal is to provide access to the Hosting Services at lnfor's Internet gateway(s) twenty-four hours per day, seven days a week, except during Scheduled Maintenance. Infor's service level objective is 99.5% Availability measured on a monthly basis. Subscription Order Form (US Oct, 2014) Page 17 of 17 1. Statement of Work This Statement of Work ("Work Order or SOW") is subject to all terms and conditions of the Master Contract and Exhibit 5 to the Master Contract, the Software Services Agreement between Infor (US) Inc. ("Infor") and the City of Corpus Christi ("Licensee" or "City"), dated May 15, 2013 (collectively, the "'Services Agreement"). All terms of the Services Agreement are incorporated herein by this reference. Capitalized terms not defined in this Work Order are defined in the Services Agreement. In the event of a conflict, the terms of this Work Order control over the terms of the Services Agreement. 2. Project Scope Infor's Services effort for the project described in this SOW is based on information given to Infor by the Licensee and the key assumptions detailed in this SOW. Any additional information or changes to the information provided may require revision of the level of Services effort required to complete the activities, the payment of additional fees by Licensee and is subject to Infor's standard change order process. If the Licensee fails to satisfy stated requisites or assumptions in this SOW, a change in scope, time, and cost may be required and result in a change order. 2.1 Proposed Infor Application Landscape Scope Licensee has licensed the following Component Systems from Infor. Infor will implement the products listed below to accomplish the scope as identified in this SOW. Learning Management Subscription Learning Management Ad -Hoc Reporting Subscription Infor Application Scope Key Assumptions: (1) For all applications listed above, each will be implemented with the latest generally available Infor or third party supplier software version at the time software delivery. The Licensee intends to implement the Infor solution using industry standard best practices with no changes to the delivered source code. (2) The scope of the implementation for the Learning Management System (LMS) Subscription Solution assumes the following: • Infor will host the platform and data as a software as a service (SaaS) model. • The implementation is for up to 3,500 Licensee users. • English will be used for all project communications and documentation. • All required Licensee participants and subject matter experts will be available to share and review information as required in a timely manner. • Training will be based on standard Infor LMS training materials • Only one portal is included into the LMS baseline Implementation • Any out-of-the-box integration interfaces included into the project scope will be configured and tested by Infor. No modifications to the standard interface implementation or other additional development effort are included into the scope of the project. • Minimum version requirements for LMS integration with Talent Management will be met prior to the LMS implementation start: Infor Statement of Work © 2013 1 (3) o Talent Management 10.1.0.3 and higher o Landmark Technology 10.0.4.4 and higher • Training and documentation on Ad Hoc Reports module will be provided by Infor. However, development of specific Ad Hoc reports based on Licensee's requirements is not in scope of this project. • Infor will provide a training history data template to the Licensee. Licensee will be responsible for providing training history data in required format. Infor will perform training history import and provide Licensee with the import error log. • Upload of legacy SCORM and AICC content, if required, will be performed by the Licensee with Infor guidance. • End users have basic computer literacy and web skills and are comfortable working on the web. • All parties will adhere to mutually agreed personnel and resource availabilities, timelines, reviews and approval lead times. • Only one instance of each meeting / work stream is included into the scope of the project. If Licensee requires multiple instances of any of the project deliverables due to phased roll-out, a Change Request will be issued. There is a single Project Process Team, and the Business Processes and logic will be the same across the Licensee's organization, i.e. there are not multiple process teams implementing different business processes across multiple sites. This would impact the number of prototype versions and time required to define structures, as well as training time, testing time and post go live support. (4) LMS Work Task Descriptions and additional assumptions are referenced in Appendix A. 2.2 Organizational Scope Organizational Scope Project Requisites: 1. The Organizational Scope will be configured to include 1 (one) production database for any Infor application solution product. Multiple staging databases exist to support project implementation activities such as development, testing and training. 2. Software business process configuration across all entities will be consistent. 2.3 Geographic Scope The following Licensee locations are included within the scope of this Project ("Geographic Scope"). The Project office will be located at: • Single location designated by the City of Corpus Christi, prior to project initiation 2.4 Data Migration and Conversion Scope "Data Migration and Conversion" refers to any efforts associated with the analysis, cleansing, loading and reconciling of current or historical data from other systems into Infor systems, whether by manual or programmatic methods. The following sections detail the activities, responsibilities, assumptions, and scope with respect to the data migration and conversion tasks included in this Project. Data Migration and Conversion Scope Infor Statement of Work © 2013 2 Data Migration and Conversion scope and deliverables will be mutually agreed upon, and Infor has included up to 40 hours of data migration and conversion development services for the activities below within the Fixed Fee. Data Migration and Conversion requirements are subject to change following business process survey, design, and prototyping activities. All Services for conversion activities will be provided remotely. Data Migration and Conversion Activities The Data Migration and Conversion activities listed below for either Licensee Responsible or Infor Responsible Data Migration and Conversion Scope (as applicable) are within the scope of the Project ("Data Migration and Conversion Activities"). The Infor consultants will support the Licensee Data Migration and Conversion Activities as defined below. Licensee and Infor Responsible Data Migration and Conversion Scope The Data Migration and Conversion Activities below, for the Licensee Responsible Data Migration and Conversion Scope, are included in the scope of the Project. �.• to Conversion Item laments Training Licensee in data migration tools Training History Training History for Employee Accounts All Accounts in production GHR server Extract data from legacy applications Training Content SCORM and AICC training content Active Content Only Data Migration and Conversion Activities The Data Migration and Conversion activities listed below for either Licensee Responsible or Infor Responsible Data Migration and Conversion Scope (as applicable) are within the scope of the Project ("Data Migration and Conversion Activities"). The Infor consultants will support the Licensee Data Migration and Conversion Activities as defined below. Licensee and Infor Responsible Data Migration and Conversion Scope The Data Migration and Conversion Activities below, for the Licensee Responsible Data Migration and Conversion Scope, are included in the scope of the Project. Infor Statement of Work © 2013 3 Training Licensee in data migration tools Infor Licensee attends training Infor will train the Licensee's IT staff on the use of the Infor data migration tools. Training courses will be delivered as defined in the Learning Scope section of this SOW. The Licensee's conversion personnel have the competency and requisite skills to be able to understand the Infor tools and methods. Extract data from legacy applications Licensee All activities involved in getting data from existing Licensee systems into the appropriate data cleansing tools. The Licensee has the tools and the competency to execute this data responsibility. Conduct data migration workshops Infor Licensee participates Cross functional workshops to define the data migration process and mapping required. Both Licensee functional and technical resources participate in the workshops. Infor Statement of Work © 2013 3 Infor Statement of Work © 2013 4 Develop migration strategy and process description Infor Licensee review A deliverable from the data migration workshops. It defines how the migration and conversion process is going to be managed and which routines will be used. Data Migration Workshops are completed by application suite, such as Finance, Procurement, HR, etc. Data Migration Workshops average 1 week for each application suite. The Licensee has suitably qualified personnel that have experience and knowledge of the existing legacy systems. Infor personnel will provide knowledge and documentation of Infor data mapping structures, and conversion tools. . Develop data migration / conversion plan Licensee Infor participates Data conversion Project plan containing tasks, duration, resources, and schedule. Infor will validate the data conversion plan. The Licensee has been trained on the Infor applications. The Licensee has validated the legacy data to be converted. Perform data cleansing and rationalization Licensee Infor provides advice and guidance All data fields will be reviewed by the appropriate qualified Licensee business owner to ensure that the data is accurate and meets the business requirements. The Licensee will be advised at the appropriate time in the Project plan to be able to make good decisions on the data cleansing requirements. Data cleansing activity timing will be based on the Licensee's understanding of the new application. Document data mapping requirements Licensee Infor participates Data mapping documents are developed to provide specifications for field mapping and translation from the legacy system (or staging) tables to the Infor tables. The Licensee's business analysts have the required knowledge of both their legacy systems and Infor applications to perform the required mapping. Design migration / conversion routines Licensee Infor participates Technical design documents for the conversion routines are created based on the data mapping requirements and migration strategy. Completed and approved data mapping documents are a required input to this activity. Changes to the data mapping requirements or migration strategy will impact completed or in process design work. Develop data migration / conversion routines Licensee Infor participates Programming and unit testing of the migration / conversion routines. Test load sample data Infor Sample tests will be done as early as possible to help ensure the end to end process is working. There is a test environment for data migration available with master configuration tables set up. Error reports/logs are provided to support any outstanding data cleansing and rationalization Test data within critical business processes Licensee Infor participates Process Owners will test the critical business processes using sample data during the Acceptance test. Infor to provide sample test scenarios and test scripts to facilitate. The Process Owners have been trained in the Infor application. Perform full migration systems test Licensee lnfor participates All data will be migrated to ensure performance is measured. The testing requirements and process will be determined by the test plans. Infor Statement of Work © 2013 4 Perform live migration Licensee Infor participates Live data migration. There is a contingency plan. Data Migration and Conversion Key Assumptions: 1. Data Migration and Conversion into the Infor system is in a single format from the legacy system. 2. Data Conversions are limited to the requirements defined in this Statement of Work. Any additional requirements will be scoped and estimated separately and are not included in the services estimates in this Statement of Work. 3. Up to 3 (three) data conversion test cycles and 1(one) production data conversion cycle are assumed per Project Stage. If mutually agreed between the Licensee and Infor, additional data conversion cycles may be added. 4. Infor will determine the best approach for loading legacy data into the Infor system. 5. The designated City resources will determine the best source for data elements, if multiple programs store the same data element and/or type of data. 6. The Infor system production database will only be populated with real data from the identified source systems. 7. The City is responsible for any data cleansing that may be required to assure the accuracy of data within the source systems. The source systems represent the sources from which the data extraction specialists will extract and load data into the underlying Infor System database. If these sources contain inaccurate data then these data inaccuracies will also exist in the Infor system database. 8. Infor will provide the City with Infor data (flat file) layouts, guidance and work mutually with City to map data from the legacy system to Infor. 9. The City is responsible for all manual data entry that may be required to load data from current manual systems. 10. The Infor standard Application Programming Interfaces (APIs) will be used to load data. 11. Code promotion and deployment between environments and product lines is the responsibility of the City and must be performed in a timely manner as agreed to during Project planning. Code promotion and deployment tasks between environments and product lines will be performed by City Administrators or Infor Application Managed Services as directed by the City. 12. The City is responsible for correcting errors in the data reported by the conversion routines. 13. The City is responsible for ensuring that all converted and integrated data is accurate, and will be responsible for data validation efforts associated with all testing. Data Migration and Conversion Project Requisites: 1. Infor data mapping and conversion applications will be used for electronic conversions. 2. The Licensee will manage all Data Migration and Conversion Activities with Infor participation and support. 3. The Licensee is responsible for correcting errors in the data reported by the conversion routines. 4. The Licensee is responsible for performing manual data entry where required. 5. The Licensee is responsible for ensuring that all converted and integrated data is accurate and is responsible for data validation efforts associated with all testing. 2.5 Development Scope "Development" refers to any efforts associated with building software customizations, interfaces, reports, workflows, alerts, and providing other customized access to Infor application data. Development requires the involvement of skilled resources familiar with the Infor application Infor Statement of Work © 2013 5 development or business process management tools. The Infor Stepwise methodology is used to manage all Development activities and deliverables. The following sections detail the activities, roles, responsibilities, assumptions, and scope with respect to the Development tasks included in this SOW. Development Assumptions: 1. Performance (volume) testing of Development deliverables is the Licensee's responsibility. 2. The Licensee's Project team is responsible for the preparation of all End User related manuals, documentation, and training for all Development deliverables. Infor provides a basic End User template. The City will provide detail and content for End User related manuals which is specific to the City. 3. The Licensee's Project team has technical knowledge of the existing legacy systems. Any support needed from other company personnel will be available to the Project team in a manner that will not detrimentally impact the Project timeline. Development Project Requisites: 1. Infor will have remote access to the Licensee's network and systems as necessary to support the planned Development activities. 2. The Licensee has licensed the Infor applications required to perform the Development activities. 3. Code promotion and deployment between environments is the responsibility of the Licensee's directed services or resources and must be performed in a timely manner as agreed to during Project planning. 4. All Development work will be performed on the Licensee's development environment or as mutually specified and agreed with Licensee and Infor. 5. Documentation associated with Development activities will be stored in the Project's StepWise database; e.g. specifications, test plans, approvals, etc. or in a central document repository as mutually agreed Customizations "Customizations" refer to the personalization of delivered Infor software objects or the creation of new software objects using the Infor application development tools. No customization or changes to Infor source code are included in the scope of this work order. Interfaces "Interfaces" refer to those objects that allow data to periodically move either into or out of the Infor applications. Interfaces are defined by the business processes they facilitate, the points during those processes where data is exchanged, the frequency the data is exchanged, and the system method by which data is exchanged. Interface Scope The Interfaces identified below are within the scope of the Project ("Interface Scope"). Interface development scope and deliverables will be mutually agreed upon, and Infor has included interface development services for the activities below within the Fixed Fee. The Licensee will have access to Infor's APIs, application messages, design tools, database templates, and table layouts, subject to the scope of the license agreement. Interface requirements are subject to change following business process survey, design, and prototyping activities. Remote development is assumed for interface activities. Licensee resources will participate in development per identified project participation. Interface requirements will be validated. Infor Statement of Work © 2013 6 qt IL© � , ._ ,..-1-D scrptiRIL_ ,_- Source li tE !fay.; Target plication Interface Direction Infor Infor Talent Management — The Licensee's IT staff has the competency and requisite skills to understand the tools and methods. Project management Infor Performance Management Module The responsible resource has experience in development project management and packaged software implementation. Develop functional design specification 1 • Organizational Unit / Levels Learning Develop technical design specification Infor • Employee Lawson Talent Management • Actor / User Management System Inbound Learning 2 Learning Management System Management Lawson Talent • Course System Management Inbound Infor Talent Management Learning 3 • Employee Development Activity Lawson Talent Management Inbound / • Course/Event User Completion Management System Outbound Interface Activities The Interface activities below, for either Licensee Responsible or Infor Responsible Interface Scope, are included in the scope of the Project (collectively the "Interface Activities"). Infor Responsible Interface Scope The Interface Activities below, for the Infor Responsible Interface Scope, are included in the scope of the Project. Infor Statement of Work © 2013 7 Infor Interface/integration tools training Infor Training as defined in the Learning Scope section in this SOW. The Licensee's IT staff has the competency and requisite skills to understand the tools and methods. Project management Infor Monitor and control interface development activities. Operate as the liaison between the functional and technical teams. Perform quality assurance. Record and track issues and drive to resolution. The responsible resource has experience in development project management and packaged software implementation. Develop functional design specification Licensee Infor provides advice and guidance Definition and documentation of the business processes and corresponding inputs and outputs related to the interface. Infor involves qualified Licensee personal that have experience and knowledge of the Licensee business and existing Licensee systems. Develop technical design specification Infor Creation of a design specification documenting how the Licensee defined business requirements will be addressed with the specific interface. The technical design will outline the interface approach, test plan, any specific application setup required, and any anticipated impact on the system to which LMS will be interfaced. The Licensee has approved the documented interface business requirements in the functional design specification. Related "to be" business processes have been defined and application prototyping has been completed to the point where technical interface specifications can be Infor Statement of Work © 2013 7 Interface Key Assumptions: 1. Interface requirements are subject to change following the Project business process survey, design, and prototyping activities. a. Interfaces are limited to the requirements defined in this Statement of Work 2. Infor and Licensee will mutually agree upon the best approach for the development of all interfaces for which it is responsible into the Infor system. 3. The designated City resources with advice and guidance from Infor will identify, capture and collect all business rules that must be applied to data in the extraction, transformation, and loading process. 4. The Infor standard APIs will be used to load data. Infor Statement of Work © 2013 8 defined. Approve specification Licensee Infor provides advice and guidance The Licensee will review the technical design specification with Infor, and agrees that the technical design will correctly deliver the specified functionality. All interface assumptions will be discussed and agreed upon. The Licensee approves by signing the technical design specification document. The Licensee has understood and signed off on the technical design specification. Develop Infor Interface objects are created and/or customized according to the technical design document. The Infor technical consult will use LMS API's, unless otherwise specifically discussed with and approved by the Licensee. A complete and accurate technical design document has been developed. Perform unit test Infor Unit testing involves executing the unit test specification to confirm that the functionality complies with the interface specifications. Issues are corrected by the developer. Unit testing does not consider the impact of the interface on any other business processes. Unit testing is typically performed by the same person that develops the interface. Deliver Infor Deliver the system objects applicable to the interface to the Licensee. All programming required to refit software objects previously modified is the Licensee's responsibility. Perform acceptance ' test Licensee Infor provides advice and guidance The Licensee performs testing to confirm that the interface operates as indicated in the design specification. Issues are documented and reported to the Infor development team for correction. Infor is responsible for issue resolution. The Licensee accepts and signs the release form to move the interface into a production environment once all issues are resolved. Acceptance testing of interface is performed in a test environment with Licensee data representative of production. Interface Key Assumptions: 1. Interface requirements are subject to change following the Project business process survey, design, and prototyping activities. a. Interfaces are limited to the requirements defined in this Statement of Work 2. Infor and Licensee will mutually agree upon the best approach for the development of all interfaces for which it is responsible into the Infor system. 3. The designated City resources with advice and guidance from Infor will identify, capture and collect all business rules that must be applied to data in the extraction, transformation, and loading process. 4. The Infor standard APIs will be used to load data. Infor Statement of Work © 2013 8 5. Code promotion and deployment between environments and product lines is the responsibility of the City directed services or resources and must be performed in a timely manner as agreed to during Project planning. 6. The City is responsible for correcting errors in the data reported by the interface routines. 7. The City is responsible for ensuring that all integrated data is accurate, and will be responsible for data validation efforts associated with all testing. Interface Project Requisites: 1. Infor standard integration tools will be used for interface development, 2. All Infor interface Services cover data directly entering or leaving the Infor database. All interface development to non-Infor software is excluded from scope of this SOW. 3. Infor will utilize global service centers and/or local resources as required for Infor interface activities. Business Process and Report Management Business Process development (workflow) scope and deliverables will be mutually agreed upon. This scope of work includes no Business Process development services for the activities below within the Fixed Fee. Report development scope and deliverables will be mutually agreed upon and Infor has included up to 20 hours of training and documentation on LMS Ad Hoc Reports module within the Fixed Fee. Development of specific LMS Ad Hoc reports based on Licensee's requirements is not in scope of this project. Infor Responsible Business Process and Report Management Scope The BPRM Activities below, for Infor Responsible BPRM Scope, are included in the scope of the Project. Project management Ad Hoc Report Workshop Deliver Infor Licensee Infor Monitor and control Project activities. Operate as the liaison between the functional and technical teams. Perform quality assurance. Record and track issues and drive to resolution. Attend work shop of LMS Ad Hoc reports and documentation The Infor consultant will provide LMS Ad Hoc Report software guidance to the Licensee developer. The responsible resource has experience in report development project management and packaged software implementation. The Licensee involves qualified personnel that have experience and knowledge of the business and existing systems. Ad Hoc Report Workshop attendance is documented and has been successfully completed Business Process and Report Management Requisites: 1. The Licensee and Infor will utilize standard Infor applications licensed by Licensee to develop BPRM deliverables. There will be no changes to delivered and installed Infor business logic or source code. Infor Statement of Work © 2013 9 2.6 System Administration Scope System Administration Scope "System Administration" refers to the administration and maintenance of the Infor technical environment. Activities include but are not limited to: product line management, user administration, and operations support (collectively the "System Administration Activities"). System Administration Activities The Licensee has requested that lnfor provide remote System Administration support (i.e., Infor system administration,) to the Licensee project team for the duration of the Project. Remote support is related to the system administration activities of the lnfor environment as listed in the System Administration Activities table below. Infor (PM, TPM or System Consultant) and the Licensee Project Managers will coordinate any changes that will affect the environment or application. The following System Administration Activities are included in scope of this Project. User enrollment Licensee Infor provides advice and guidance Infor has provided Security Administration training as defined in the Learning Scope section of this SOW. Define and administer all user accounts. Menu creation / maintenance and assignment to user profiles. Licensee Infor provides advice and guidance Customization of menus for specific users/user groups and roles. Infor has provided System Administration training as defined in the Learning Scope section of this SOW. Schedule jobs Licensee Infor provides advice and guidance The scheduling of batch jobs to run during non- peak hours. Infor has provided System Administration training as defined in the Learning Scope section of this SOW. System Administration Assumptions 1. The Licensee is responsible for providing helpdesk services to their end-users. 2. The Licensee's environment is assumed to have 2 instances of the Infor application solution. Responsibilities: Infor and the Licensee will be responsible for the following activities related to System Technology: Infor: 1. Provide advice and guidance to the Licensee for the development of the StepWise deliverables related to the Licensee's IT system administration of the Infor application. Licensee: Will direct services or resources for: 1. System Administration related to user security and administration and helpdesk. Infor Statement of Work © 2013 10 2.7 Project Learning Scope Learning Scope The Learning Scope below lists training for the project team and end users (as applicable) that is, included in scope of this Project. Project Team Training The following project team training is included in scope of this Project. Up to 14 Licensee attendees may attend these on -premise training sessions: LMS administration functionality learning workshop ► 2 days ► An overview of the Infor Learning Management System application administration Learning Project Requisites: 1. Project team and end user training are based on the approach, responsibilities and scope as defined in the Learning Scope section of this SOW. 2. All project team training is limited to a maximum of fourteen (14) Licensee participants. 4. Licensee site training, where applicable, will take place at Licensee location identified in Section 3.3. 5. For Licensee site training, the Licensee will provide training accommodations and facilities including at least one computer for every two participants; a computer for the instructor; Infor User Interface loaded on each workstation with access to the Infor Remote Application Server or have downloaded training data onto each workstation; printer access from each workstation; white board with markers; flip -chart with markers; and computer projector. Learning Project Assumptions: 1. lnfor to provide Licensee with training agenda, including anticipated participants, at least 1 week in advance of training. 2. All Learning Workshops and Private Labs are held on -premise at Licensee location. 2.8 Go Live Services Scope "Go Live Services" are all the lnfor Services required to support the Licensee Go Live and post Go Live for the period of time and applicable application suite(s) described in the table below. "Go Live" is defined as the first time an Infor module in the lnfor Application Scope section of this SOW is available to process a Licensee transaction for live production purposes. Go Live Services will terminate under this SOW based on the earlier expiration of a) the table below for the Project Stage, or b) 45 calendar days after the first Go Live day for the Project Stage. Stage 1 Learning Management Go live support is budgeted for the first one (1) week of live operation. Infor Infor resources are assigned by the lnfor Project Mane er. Su ort will Infor Statement of Work © 2013 11 System be provided on-site. It may be provided remotely if mutually agreed at the discretion of the Licensee and Infor Project Managers. Additional Go Live Services Requisites: 1. If the Licensee is not ready to Go Live upon completion of the Services described in this SOW, additional Services and training may be required ("Additional Work"). Any Additional Work will be managed by Infor's standard change order process. 2. The Infor Project Manager will work together with the Licensee Project Manager to develop a joint post Go Live support resource plan. 3. Licensee Process Owners and Key Users will provide first line support to Licensee End Users. 4. Infor consultants will support the Licensee Process Owners and Key Users with resolution of process questions and provide Infor application assistance where required subject to the Go Live consulting hours above. 3. Implementation Strategy The estimated effort for the activities described in this SOW is based on the implementation strategy described in this Section. Infor proposes an estimated project schedule for LMS as a 6 month timeline. Infor assumes an estimated project start date on or about March 1, 2015. This date is negotiable based upon finalization of contracts, City and Infor resource availability, etc. The Parties both acknowledge that there is another on-going project that may affect timelines and Licensee resource availability. The preliminary timeline is estimated based on the assumed availability and commitment of City resources for the project and support. The Project start date will be mutually agreed upon by the Licensee and Infor. Together the Infor and Licensee Project Managers will develop a mutually defined Project plan to be shared with the Project team during the Project kick-off event. ii;=ii,tair 2015 (Jan —Dec) Implementation Strategy Requisites: 1. Licensee will ensure that all business process requirements are included in the Final Beta Prototype. The Final Beta Prototype is refined to complete the Licensee's configuration, including all processes as listed in the Business Process Scope section of this SOW. During the Project's Establish phase Infor will configure the Infor applications to support the business processes listed in the Business Process Scope section of this SOW. 2. Licensee is responsible for deployment of the Infor applications to all Licensee locations that are not identified as being within the scope of the Project in this SOW. The proposed LMS implementation estimates a six (6) month implementation inclusive of post live support with all products expected to be deployed by the end of month four (4). Within the six (6) month timeline, Infor is assuming several factors, including cooperative teamwork between City executive management, business owners, users and IT, in addition to a major focus on City Infor Statement of Work © 2013 12 ownership of data cleansing/conversion, training, organizational change management and testing. These tasks, activities and cooperation must be in place to help reduce risk, ensure a collaborative Project environment and achieve a successful implementation. 4. Project Implementation Methodology The Licensee and Infor mutually agree to utilize the StepWise implementation methodology to manage the Project. 4.1 Stepwise Methodology Activities The Infor StepWise methodology will be used throughout this Project. An overview of the StepWise methodology is presented below. Infor StepWise Methodology Protect Management Processes & Structures J People IT Environment DEFINE ESTABLISH EXECUTE Define Project Define Solution Define Change Define IT Environment Mana Proj Establish Solution Establish Change Establish v IT Environment Realize Solution Support Change Support IT Environment The methodology is divided into three phases (Define, Establish and Execute). Each of these phases is briefly described below. Define Phase The objective of the Define phase is to describe the solution to be implemented and delineate what the project will contain. The Define phase is part of the sales process and its main objectives are to provide consensus on what the solution will offer and how the project will be performed. Establish Phase The objective of the Establish phase is to deliver a solution that has been tested by the Licensee. The solution includes interfaces to internal and external systems, documents, reports, and Licensee enhancements (if any). During this phase the project team builds and refines the solution using a structured, iterative process. Project members are oriented and trained to use the software to help ensure the successful completion of the project. IT activities include installation of hardware and software as well as providing training and support for Licensee IT staff. Infor Statement of Work 0 2013 13 Execute Phase The objective of the Execute phase is to prepare the solution and the Licensee for a successful go live. During this phase, training for end users is provided. The project is considered officially closed when Infor has fulfilled its contractual obligations as defined in this statement of work. At the conclusion of the project, the Infor Project Manager will transition the Licensee to Infor's support organization to ensure consistency and continuous improvement of the implemented solution. Project Database Infor will establish a project database for project issues and all project documentation, such that it is readily accessible by the project team. This SharePoint database will be hosted by Infor. Access to this database for City users will be via an internet browser. The database will be used to: • Enter and track issues • Manage deliverables • Stores StepWise methods and tools • Facilitate team collaboration The project database is used for storing project templates, completed Project Status reports and other project documentation for reference. Implementation Methodology Requisites: 1. Project transparency and communication channels will help support the success of this Project. Infor assumes a schedule of management meetings with 1) the Licensee Project Steering Committee every month and 2) the Project's management team at least once every week. 5. Estimated Project Schedule Infor will develop a detailed Project Plan that details both Infor and Licensee's responsibilities at the start of the Learning Management System Project. The Project Plan for Learning Management System should be in sufficient detail to specify the conversion, training, testing, acceptance, and live operation activities. Both Infor and Licensee will agree upon a mutually agreeable Project Plan for Learning Management System that will be submitted and approved by Licensee within thirty (30) days of the Effective Date of the Project Stage initiation. The Project Stage Project Plan will also include the criteria by which the software will be tested and accepted by Licensee. Estimated Project Schedule Additional Assumptions: 1. The estimated schedule assumes timely advice, decisions and execution by both Parties. Both Parties will make Project decisions within five (5) business days of an issue being raised to that Party. Delays by either Party can impact the Project schedule and may result in a change order. 2. Both Parties will mutually define the project change control process, approvals and associated documents in conjunction with initial project planning. 3. In order to help meet the scheduled dates for the Project, Infor and Licensee personnel may be required to perform work outside of normal business hours. Estimated Project Schedule Requisites: 1. The Project start date is dependent on Infor's and the Licensee's resource availability and a mutually agreed upon start date. 2. The Licensee has assigned a full time Project Manager who will work with the Infor Project Manager to complete Project planning at the start of the Project. Infor Statement of Work © 2013 14 6. Project Deliverables The Project deliverables listed below ("Deliverables") are included in the scope of the Project, The Party designated in the "Primary Responsible Party" column has responsibility for all elements of the "Project Deliverable Definition", except for any element which is explicitly designated in the Project Deliverable Definition column as being the responsibility of the other Party. Any Infor effort requested by the Licensee to complete the Licensee's Deliverable(s) (i.e. Licensee is designated as the "Primary Responsible Party" in the column below for the Deliverable(s)) will be managed by Infor's change order process and will be in addition to the fixed fee. The Deliverable Acceptance Criteria indicates which specific Deliverable Acceptance Criteria will be used during deliverable acceptance. The list of Deliverable Acceptance Criteria is in the Project Budget section of this SOW. Deliverable Acceptance Criteria is only applicable to deliverables where Infor is the Primary Responsible Party. StepWise Establish Phase Project Deliverable ,. - • - , .. • Deliverable Definition erequisite Deliverable Primary Responsible Party Document Control Deliverable Completion Deliverable Acceptance Criteria Milestone Reference Project Project Schedule Estimated Infor Project Status Infor Project Project Schedule management will be performed on a level that is appropriate for monitoring of discrete activity status and percent completion. The Project schedule in this SOW Report Schedule Initiation Project Schedule will contain all activities that are required for the Project completion. Any task monitoring tools that are I utilized by Infor or by the Licensee (in addition to the Project Schedule), will have their task start and end dates matched with the Project Schedule and will be statused in conjunction with the appropriate activity in the Project Schedule. Assignment of Infor and Licensee Project team members will be at the lowest level of activity definition. Reasonable work estimates will be at the lowest level of activity definition. Project activity relationships Infor Statement of Work © 2013 15 Project Deliverable Project Deliverable Definition Prerequisite Deliverable Primary Responsible Party Document Control Deliverable I CCM lotion Deliverable Acceptance Criteria Milestone Reference (predecessors / successors) will be defined. Training for Project Team Members - Technical Infor technical training is delivered to the Licensee's Project team as defined in the Learning Scope section of this SOW. Infor Environments Established Infor Learning Plan Infor TrainingNVork shop Deliverables Team Learning Initial Project 1 Team Training - Functional lnfor application training is delivered to the Licensee's Project team as defined in the Learning Scope section of this SOW. Project Schedule lnfor Learning Plan Infor Training/Work shop Deliverables Team Learning Initial Beta Prototype The installed Infor database is updated with Licensee data to establish the first Licensee configuration ("Prototype") according to the scope in the Business Process Scope section of this SOW. The Prototype and Test Plan is prepared to specify the initial Licensee testing scope. Infor Environments Established Infor Prototype and Test Plan Infor Configuration Deliverables Initial Beta Prototype Initial Beta Prototype Test Cases Infor will train the Licensee's Project team once on how to write test cases. Define and identify Licensee data and test cases required to test the LMS Initial Beta Prototype. Infor Consultants validate the completeness of the Licensee test cases. Run the test cases and record the test results. Project Schedule Licensee Prototype and Test Pian N/A Initial Beta Prototype Initial Job Instructions Infor provides published LMS job Solution Training for Licensee Prototype and Test Plan N/A Initial Beta Prototype Infor Statement of Work O 2013 16 I Project Deliverable Project Deliverable Definition instructions and user guides. Initial end user guides describing how to operate the Licensee business processes are tailored by the Licensee Process Owners and Key Users throughout the different Prototype versions. Prerequisite Deliverable Project Team Members — Functional Primary Responsible Party Document Control Deliverable Completion Deliverable Acceptance Criteria Milestone Reference Beta Prototype version The Prototype is refined to complete the Licensee's configuration, including all processes as listed in the Business Process Scope section of this SOW. The Prototype and Test Plan is updated to reflect the status of the LMS Prototype. Solution Training for Project Team Members — Functional Infor Prototype and Test Plan LMS Configuration Deliverables Final Beta Prototype Beta Prototype Test Cases version Define and identify additional Licensee data and test cases required to test the LMS Beta Prototype version Infor consultants validate the completeness of the additional Licensee test cases. Run the additional test cases and record the test results. Initial Beta Prototype Test Cases Licensee Prototype and Test Plan N/A Final Beta Prototype Final Beta Prototype The Final Beta Prototype version is refined to complete the Licensee's Prototype. The Prototype and Test Plan is updated to reflect the status of the LMS Prototype. Beta Prototype version Solution Training for Project Team Members — Functional Licensee Prototype and Test Plan Infor Configuration Deliverables Final Beta Prototype Final Beta Prototype Define and identify additional Licensee Beta Prototype Licensee Prototype and Test Plan N/A Final Beta Prototype Infor Statement of Work © 2013 17 Project Deliverable Project Deliverable Definition Prerequisite Deliverable Primary Responsible Party Document Control Deliverable Completion Deliverable Acceptance Criteria Milestone Reference Test Cases data and test cases required to test the LMS Final Beta Prototype. Infor Consultants validate the completeness of the additional Licensee test cases. Run the additional test cases and record the test results. Test Cases version Approved Solution Infor leads the planning for Acceptance Test Acceptance Test performed according to the scope defined in the Prototype and Test Plan. Approves the Prototype according to the scope defined in the Prototype and Test Plan. Test cases are completed to record results of testing, Infor will correct identified application configuration issues. Final Beta Prototype Final Beta Prototype Test Cases Licensee Prototype Plan and Test N/A Acceptance Test Project Monitor and Control Infor's Project status report is regularly updated and distributed. The Project Schedule is regularly updated and distributed. The status of Project consumption of hours of service for Business Process and Report Development. Infor issues are managed. The Project risk register is updated to reflect responses Project Schedule Infor Project Status Report Infor Written Deliverables inclusive in all Milestones Infor Statement of Work © 2013 18 Project Deliverable Project Deliverable Definition to risk monitoring and control. Updates include: a. results of risk assessme nts and reviews b. results of corrective action taken to control risks Prerequisite Deliverable Primary Responsible Party Document Control Deliverable Completion Deliverable Acceptance Criteria Milestone Reference Steering Committee Meetings Meetings are held to review deliverable approval, consider change requests and monitor Project progress. Written Project status report is presented to the Steering Committee. Infor's Project Manager will provide written status input to the Licensee's Project Manager for inclusion in the written Steering Committee status report. Infor presents the Project quality assurance review report to the Steering Committee prior to closing each phase. Steering Committee makes the decision to move forward to Execute phase. Minutes are prepared that document the decisions made during the meeting. Project Schedule Licensee Steering Committee Meeting Minutes N/A Inclusive in all milestones Project Risk Register The Project Risk Register is created in the Establish Project Schedule Infor Project Risk Plan Infor Written Deliverables Inclusive in all Milestones Infor Statement of Work © 2013 19 Project 1 Project Prerequisite Primary Document Deliverable Milestone Deliverable Deliverable Deliverable Responsible Control Acceptance Reference System Definition the planning for Party Deliverable Criteria Plan Test Completion phase. The test is to secure the system performance before the End Users start using the system. The Licensee will report risks to the The test is performed by the Infor Project Process Owners and Key Users in a controlled IT environment with all migrated / converted data. Manager for tracking. Performance specific test cases are defined and used to support the test. Results are recorded in the systems test cases. StepWise Execute Phase Deliverable Deliverable Definition Prerequisite Deliverables Primary Responsibl e Party Document Control Deliverable Completion Deliverable Acceptance Criteria Milestone Reference System Test The Licensee leads Approved Licensee System Test NIA System the planning for Solution Plan Test System Test. The test is to secure the system performance before the End Users start using the system. The test is performed by the Process Owners and Key Users in a controlled IT environment with all migrated / converted data. Performance specific test cases are defined and used to support the test. Results are recorded in the systems test cases. Infor will provide Infor Software guidance for the Licensee's system tuning activities, subject to the hours budgeted for System Technology Services in the Project Budget section of this SOW. Infor will provide Infor application guidance to the Licensee Process Owners and Key Users, subject to the hours budgeted for Implementation Infor Statement of Work 0 2013 20 Deliverable Deliverable Definition Prerequisite Deliverables Primary Responsibl e Party Document Control Deliverable Completion Deliverable Acceptance Criteria Milestone Reference Approach of Implementation Services in the Project Budget section of this SOW. Finalized Job Instructions End User guides describing how to operate the Licensee's processes are finalized and distributed to the End Users. Approved Solution Initial Job Instructions Licensee Learning Plan N/A Production Readiness Solution Training for End Users Training to prepare the End Users in how to manage their respective functions in the LMS system. System Test Finalized Job Instructions Licensee Learning Plan N/A Production Readiness Full Scale Test The test is performed in an operational IT environment using a full operational database. This test is performed by each End User at their normal workplace in order to make the test as close to normal day-to-day operations as possible. Finalized job instructions are used to support the test. The focus is on evaluating the Licensee End User's ability to run the system. After the Full -Scale Test, a formal go/no-go decision is made regarding the Go Live. Infor will provide Infor application guidance to the Licensee Process Owners and Key Users, subject to the hours budgeted for Implementation Approach Implementation Solution Training for End Users Licensee Full Scale Test Plan N/A Full Scale Test Infor Statement of Work © 2013 21 Deliverable Deliverable Definition Prerequisite Deliverables Primary Responsibl e Party Document Control Deliverable Completion Deliverable Acceptance Criteria Milestone Reference Services in the Project Budget section of this SOW. Infor IT Environment Ready for Start-up Complete all open technical activities related to the IT environment before starting up the Infor Products. Complete the technical section of the Readiness Assessment Checklist. Approve that the Infor environments are ready to go into production. Approved Solution Licensee Readiness Assessment Checklist N/A Production Readiness Prepare and Go Live Infor prepares readiness assessment report for review by the Licensee. Infor will provide cut over planning guidance. The cut over tasks for Go Live are defined in the cut over plan and communicated clearly to the Licensee's organization. All cut over tasks in the Cut Over Plan are completed. Full Scale Test Licensee Prepare and Plan Go Live Checklist N/A Production Readiness Go Live Support End User support is provided by the Licensee's Project team ("First Level Support"). Infor provides application support to the Licensee's Project team ("Second Level Support") as defined in the Go Live Services Scope section of this SOW. All Infor Software issues are managed by Infor. Prepare and Go Live Infor Prepare and Plan Go Live Checklist Infor Written Deliverables Post Go- Live Support Infor Statement of Work © 2013 22 Deliverable Deliverable Definition Prerequisite Deliverables Primary Responsibl e Party Document Control Deliverable Completion Deliverable Acceptance Criteria Milestone Reference Project lnfor's Project Project Infor Project Status Infor Written Inclusive Monitor and Control status report is regularly updated and distributed. Schedule Report Deliverables in all Milestones The Project Schedule is regularly updated and distributed. LMS issues are managed. The Project Risk Register is updated to reflect responses to risk monitoring and control. Updates include: a. Results of risk assessme nts and reviews. b. Results of corrective action taken to control risks. Project Project evaluation Prepare and Infor Project Infor Written Inclusive Closing report is completed and reviewed with Go Live Closing Meeting Deliverables in all Milestones Licensee. Minutes The Project is formally closed and handed over to the Infor Xtreme Support organization. Project Deliverables Requisites: 1. Infor LMS templates will be utilized for the Project Deliverables defined above in this Section. 2. Prerequisite Deliverables must be completed before work can begin on the applicable Project Deliverable. 3. Final Project Deliverables where Infor is Primary Responsible Party will be reviewed and approved by the Licensee within five (5) working days of publication. 4. Where Infor is the Primary Responsible Party, Licensee will provide Infor with guidance and assistance upon reasonable request by Infor. Infor Statement of Work O 2013 23 6.1 Acceptance Acceptance Procedures For purposes of acceptance of each Stage of the Project (or portions thereof), the parties intend to use the following acceptance procedure. All timeframes specified in the following procedures may be overridden by the Project Schedule. A. Written Deliverable: Infor may submit interim drafts (stamped, noted or otherwise clearly marked "Draft") of a written deliverable to Licensee for review. Licensee agrees to review and provide comments to Vendor on each interim draft within five (5) Business Days after receiving it from Infor. Licensee will have the opportunity to review the written deliverable for an acceptance period of five (5) Business Days after delivery of the final version (stamped, noted or otherwise clearly marked "Final Draft" of the written deliverable (the "Acceptance Period"). Licensee agrees to notify Infor in writing by then end of the Acceptance Period either stating that the written deliverable is accepted in the form delivered by Infor or describing in reasonable detail any substantive deficiencies from the applicable Deliverable Acceptance Criteria set forth in the Project Budget section below that must be corrected prior to acceptance of the written deliverable. If Infor does not receive any such deficiency notice from Licensee by the end of the Acceptance Period, the written deliverable will be deemed to be accepted and an approved document marked "Approved" and dated will be provided to Licensee. if Licensee delivers to Infor a timely notice of deficiencies and the items specified in the notice are deficiencies, Infor will promptly correct the described deficiencies and return to Licensee for Acceptance. Licensee will not unreasonably withhold, delay or condition its approval of a final written deliverable. Licensee and Infor agree review and acceptance dates may be extended with mutual agreement of both parties. Infor is responsible for tracking status of each deliverable including but not limited to the date in which it was submitted to the Licensee and date returned. B. Software Deliverable: A "Software Deliverable" means a Deliverable that is delivered to Licensee under this SOW as a result of a development activity and associated hours of effort set forth in Section 3.6 Development Scope, heading: Interfaces, Business Process and Report Management above. Acceptance testing is an iterative process designed to determine whether the Software Deliverable performs the functions described in its approved Specifications and to discover and remove material defects through repeated testing cycles. Infor will work with Licensee and make a good faith effort to develop a test plan with the requisite details, understanding the level of detail required may change depending on the complexity of the requested software deliverable and to test each software deliverable (the "Acceptance Tests" or "Acceptance Testing"). 1. The "Acceptance Test Period" for each Software Deliverable will be thirty (30) Business Days unless an alternate time is mutually agreed upon between Infor and licensee. The Acceptance Test Period for each Software Deliverable will start within five (5) Business Days, unless an alternate start date is mutually agreed upon by Infor and Licensee, after the Software Deliverable is made available to Licensee for testing, and Infor has notified Licensee of such availability. Infor will not be obligated to deliver a Software Deliverable to licensee until Licensee demonstrates the readiness of the target technical platform and environment. 2. If Licensee determines during the Acceptance Test Period that the Software Deliverable contains a material defect, Licensee will promptly send Infor a written notice reporting the alleged material defect describing it to Infor in sufficient detail reasonably necessary for Infor to recreate it. If Infor is able to replicate the alleged defect, which is a material defect from the Specifications, then Infor will modify the Software Deliverable to remove the reported material defect and will provide the modifications to Licensee for retesting. Licensee will then re -test the modified portions of the Software Deliverable promptly after receiving the modifications from Infor. In such a case, Infor and Licensee will mutually agree upon an updated Acceptance Test Period. 2. By the end of the Acceptance Testing Period, Licensee will provide Infor with a final written list reporting any outstanding material defects (the 'Punch List"). Licensee will have ten (10) Business Infor Statement of Work O 2013 24 Days after the receipt of the modifications to re -test the modified Software Deliverable to confirm that the material defects that were reported on the Punch List have been removed. If any material defects that were reported on the Punch List have not been removed, Licensee will provide Infor with written notification by the end of the retesting period reporting any such material defects. In such event, the procedures set forth in this Section 6.1.B will be repeated for the remaining material defects on the Punch List. A reported defect will not be considered a "material defect" for acceptance testing purposes if rnfor is unable to replicate such defect, using Infor's commercially reasonable efforts. 3. Infor and Licensee each agrees to work diligently to achieve acceptance of Software Deliverable at the earliest possible date. E. "Final Acceptance" involves use of the component systems within the SOW in totality in production operations for a period of sixty (60) calendar days, starting with Go -Live. If after sixty (60) calendar days the solution performs without any Priority 1 Defects, the Licensee and Infor will both issue and execute a "Final Acceptance". A Priority 1 Defect shall occur when Licensee's production system, database or component system is inoperable, a major application failure has occurred, and business processes are halted. There is no workaround available. The 60 -day time frame for Final Acceptance will stop if Priority 1 Defects are found during production use and prevent further production use of the Products. The Final Acceptance process will resume on the date the Priority 1 Defect is confirmed as fixed and will continue for the remainder of the 60 -day time frame. Infor will promptly address any other material defects reported to Infor during 60 -day time frame, but those defects will not stop the 60 day time frame. Project Organization Requisites: Review and move to general assumptions 1. Licensee will assign resources to the Project in accordance with roles mutually defined during Project initiation. The positions, considered the "Licensee Core Team", include technical resources from the Licensee's Information Technology organization, and functional resources from the appropriate Licensee business organizations. 2. Licensee resources assigned to the Project will be thoroughly knowledgeable about the current business practices in their respective areas and capable of performing their appropriate Project roles as mutually defined during Project initiation. 3. Infor resources assigned to the Project will be knowledgeable out the Infor Application Solution, Methodology and current recommendations for best business practices in their respective areas and capable of performing their appropriate Project roles as mutually defined during Project initiation. 4. Resources will be assigned to the Project in accordance with the requirements outlined above. Any anticipated changes to the Project Organization must be communicated to the Steering Committee within five (5) working days. The Steering Committee will evaluate the impact of any core team replacement on the Project's schedule and cost. 5. Any support from other Licensee personnel and resources, or personnel and resources from third parties retained by the Licensee, will be available to the Project team as needed according to the Project Schedule (infrastructure, network, desktop support, web -based programming) when required and will not detrimentally impact the Project timeline. 7.0 Project Budget 7.1 Fees for the Fixed Fee Services Infor agrees to provide Licensee the Services in the scope of this SOW for which Infor is identified as the responsible Party ("Fixed Fee Services") for a total fixed fee in the amount of $57,688.00, (USD) ("Fixed Fee"). Infor Statement of Work © 2013 25 Fixed Fee Services shall be invoiced by Infor based upon the milestone payment schedule in Section 7.3 below. Reasonable travel, living and other out-of-pocket expenses incurred are included in the milestone payment schedule in Section 7.3. All payments are due 30 days from the invoice date. Licensee acknowledges and agrees that the Fixed Fee does not include: (I) any out of scope items not specifically identified herein, including those out of scope items listed in the "Project Exclusions" section of this SOW or otherwise any variations from the Scope of the Services to be provided. By the end of second prototype for each Project Stage, Licensee will provide Infor a prioritized list of out of scope items for evaluation. Infor will complete evaluation of the prioritized out of scope items and provide a quote of services and, if applicable, product solutions, to the Licensee. Out of scope items will be governed by the project change control process; (11) travel time and travel and living expenses and applicable hourly overtime rates/fees applicable to "After Hours" or "Weekend Work'; (iii) any additional services or charges caused by any delays, equipment failures, data problems or otherwise any other impediments or disruptions of Infor's ability to timely and cost effectively deliver the Services, which are caused by Licensee, its employees and/or its third party agents or contractors, (iv) taxes , and/or (v) Additional Project Services Fees. Travel time and travel and living expenses will be billed and paid as otherwise set forth in this SOW, and all such additional services will be provided on a time and materials basis at fees and rates to be separately agreed upon pursuant to the party's execution of either a separate SOW or a written amendment to this SOW documenting the additional Services to be provided and the associated additional fees. 7.2 Additional Project Services If changes or additions to scope defined within this agreement arise, the Infor Project Manager or Licensee Project manager will follow the mutually defined project change request and control procedure to have the to seek authorization for Additional Project Service funds to pay for these items. Any use of these funds will be subject to joint agreement and official sign off by both project managers and execution of a change order or Service Work Order. Billing for Additional Project Services will be performed outside of the milestone payment schedule in this section. Infor shall provide the Licensee the Additional Project Services on a time and materials basis at the Service Fee Rates listed below for thirty (30) months from the execution date of this SOW. Billable hours not covered under the fixed fee agreement will be invoiced in accordance with the Additional Project Services Rate Card. Reasonable travel, living and other out-of-pocket expenses incurred in providing these Services ("collectively, the "Additional Services Other Expenses") shall be invoiced by Infor as such Additional Services Other Expenses are incurred. Additional Project Services shall be invoiced by Infor monthly on a time and materials basis. Additional Services Other Expenses shall be invoiced by Infor as such Additional Services Other Expenses are incurred. Minimum time increment billed will be thirty (30) minutes. Additional Project Services Rate Card Infor Additional Project Services Hourly Service Fee Rate Application Consultant $210.00 Learning Consultant $210.00 Project Manager $225.00 Technical Consultant $210.00 Remote Developer $90.00 1. For on-site training, Licensee must provide, at its expense, training facilities equivalent to Infor's training facilities. 2. Licensee must pay its own travel and living expenses when attending training. Infor Statement of Work © 2013 26 3. Hourly Service Rates do not include travel and expense. 7.3 Payment Milestones 73.1 The Payment Milestone Table by Project Phase is identified in Appendix B. 7.4 Payment and Milestone Acceptance Payment Milestone Acceptance Upon completion of a Payment Milestone set forth above, Licensee shall have the right to review the Milestone provided by Infor to Licensee under this SOW, pursuant to the StepWise methodology and the Deliverable Acceptance Criteria below. For each Payment Milestone, there is a corresponding Holdback Amount as identified in Appendix B. Upon acceptance of all previous Payment Milestones within the Project, Infor will issue an invoice for the Holdback Amount for the Project. Acceptance of a Payment Milestone constitutes authorization for payment of the applicable Payment Milestone Amount. Infor will present the Licensee with an invoice for a Payment Milestone Amount upon acceptance of that Payment Milestone for which payment is due within thirty (30) days of the invoice date. Should a Payment Milestone not be completed in accordance with the Payment Milestone Table due to delay or fault of both Parties, or due to a force majeure event, the Licensee Project Manager and Infor Project Manager will (1) create a mutually acceptable plan to help get the Project on schedule, and (2) extend the Payment Milestone schedule by an appropriate time period to account for the delay. In the event that completion of a Payment Milestone or an Infor Deliverable is delayed or terminated due to Licensee caused issues, Licensee shall pay Infor for the Services provided by Infor for that Payment Milestone or Infor Deliverable upon request by Infor. Deliverable Acceptance Criteria Infor Statement of Work © 2013 27 Project Schedule • • • • The project schedule will contain all the activities required to complete the project. Reasonable work estimates will be used at the lowest level of activities deigned. Activity dependencies will be established (predecessors/successors). Infor and Licensee resources will be assigned at the lowest level of activities defined. Infor Written • The requirements of the Infor Deliverable are met as stated in the completion Deliverables criteria in Section 6.1.b of the SOW. • The Infor Deliverable complies with the Infor format using the Infor standard templates. • The Infor Deliverable is consistent with other Infor Deliverables already approved. • The Infor Deliverable meets the general review criteria (e.g., pages numbered, free of formatting and spelling errors, clearly written, no incomplete sections, etc.). • Procedures/documentation for the Infor Deliverables comply with the technical/business system design. Infor Technical • Technical designs and all related Infor Deliverables are in compliance with the Deliverables • Functional Design Specification. All Development meets the Technical Design Specifications, is complete and is Infor Statement of Work © 2013 27 8.0 Project Quality Testing There are four defined project approaches for StepWise test activities during the Project: (1) prototype tests; (2) acceptance test(s), which are part of the Approved Solution deliverable in the Establish phase; (3) System Test(s) and (4) Full Scale Test(s), which are deliverables in the Execute phase. Test Guidelines The following test guidelines apply to all StepWise Tests: • The Licensee Project Manager and Infor Project Manager work together with the Process Owners and IT Responsible to plan the StepWise Test activities. • Test plan, logistics, and procedures are distributed to Project team members. • The IT environment is prepared and validated prior to start of each StepWise Test. • Written test cases are distributed to designated testers together with applicable job instructions prior to start of each StepWise test. • A test coordinator is assigned to organize the StepWise test and verify that procedures are properly followed, • Licensee senior management ensures that the priority of testing is high. • Issues identified during the StepWise Tests are classified according to the categories below and registered in the Stepwise Project database. o Critical: Functionality for time -critical major business process not available. No acceptable alternative method exists. o High: Functionality for major business process not available. Not a time -critical case or an acceptable alternative method exists. o Medium: Normal case processing Infor Statement of Work © 2013 28 Project Schedule • • • • The project schedule will contain all the activities required to complete the project. Reasonable work estimates will be used at the lowest level of activities defined. Activity dependencies will be established (predecessors/successors). Infor and Licensee resources will be assigned at the lowest level of activities defined. free of material errors. Infor Training/workshop Deliverables • • Licensee participant surveys are completed and returned by class/workshop participants. A follow-up plan based upon participant feedback is created by the Infor and Licensee Project Managers and submitted to Infor and the Licensee's Steering Committee for approval. Infor Installation Deliverables • Completed installation exit document approved by Licensee. Infor Testing Deliverables • Prototype Tests have been executed per the Prototype and Test Plan in compliance with the StepWise methodology and processes. • Test results have been documented for all tested functionality. • Test results are free of Critical or High priority errors. Infor Configuration Deliverables • System configuration is complete per the application configuration documentation. 8.0 Project Quality Testing There are four defined project approaches for StepWise test activities during the Project: (1) prototype tests; (2) acceptance test(s), which are part of the Approved Solution deliverable in the Establish phase; (3) System Test(s) and (4) Full Scale Test(s), which are deliverables in the Execute phase. Test Guidelines The following test guidelines apply to all StepWise Tests: • The Licensee Project Manager and Infor Project Manager work together with the Process Owners and IT Responsible to plan the StepWise Test activities. • Test plan, logistics, and procedures are distributed to Project team members. • The IT environment is prepared and validated prior to start of each StepWise Test. • Written test cases are distributed to designated testers together with applicable job instructions prior to start of each StepWise test. • A test coordinator is assigned to organize the StepWise test and verify that procedures are properly followed, • Licensee senior management ensures that the priority of testing is high. • Issues identified during the StepWise Tests are classified according to the categories below and registered in the Stepwise Project database. o Critical: Functionality for time -critical major business process not available. No acceptable alternative method exists. o High: Functionality for major business process not available. Not a time -critical case or an acceptable alternative method exists. o Medium: Normal case processing Infor Statement of Work © 2013 28 o Low: Cases allowing for longer-term resolution • StepWise Tests are passed if no Critical issues are found ("Passed"). If the StepWise test is not Passed, Infor and the Licensee shall jointly agree on an action plan to take corrective measures and implement a test of the functions in question. If the StepWise test is Passed but High or Medium issues are registered, Infor and the Licensee shall jointly agree on an action plan to take corrective measures. • StepWise Test evaluation is conducted upon completion of each StepWise test activity. Results of StepWise tests are reported to the Steering Committee. Approach for StepWise Prototype Test The following test guidelines apply to the StepWise Prototype Test activity: • The scope of StepWise Prototype Test is validation of the configured business processes listed in the Business Process Scope section of this SOW. • Licensee data used for StepWise Prototype Tests is a subset of key Licensee data either pre - populated or manually entered. • Licensee Key Users execute the tests and record results in the test cases. • Licensee Process Owners validate the StepWise Prototype Test results. • StepWise Prototype Test results are recorded in the Prototype and Test Plan. Approach for StepWise Acceptance Test The following test guidelines apply to the project acceptance test activity: • The scope of StepWise Test is validation and approval of the configured solution defined in the Project Scope section of this SOW, including all in scope Development identified in this SOW. • Licensee data used for StepWise Acceptance Test is migrated / converted from the Licensee's legacy system. • Licensee Key Users execute the StepWise Acceptance Test and record results in the test cases. • Licensee Process Owners validate the StepWise Acceptance Test results. • StepWise Test results are recorded in the Prototype and Test Plan. Approach for StepWise System Test The following test guidelines apply to the project System Test activity: • The scope of StepWise System Tests is validation of the Licensee's IT environment performance defined in the System Technology Scope section of this SOW. • Licensee data used for StepWise System Tests is migrated / converted from the Licensee's legacy system. • Licensee Key Users execute the StepWise System Test and record results in the test cases. • Licensee Process Owners validate the StepWise System Test results. • Project System Test results are recorded in the System Test Plan. Approach for Stepwise Full Scale Test The following test guidelines apply to the project Full Scale Test activity. • The scope of project Full Scale Test is validation of the Licensee's organization readiness to Go Live. • Licensee data used for project Full Scale Test is migrated / converted from the Licensee's legacy system. Infor Statement of Work © 2013 29 • Licensee End Users execute the project Full Scale Test and record results in the test cases. • Licensee Process Owners and Key Users validate the project Full Scale Test results. • Test results are recorded in the Full Scale Test Plan. Project Quality Strategy Requisites: 1. Written test cases are prepared in advance of the test. 2. Test results are recorded in test cases during testing activities. 3. The Licensee is responsible for testing dependence on third party resources and software which has not been supplied by Infor. 4. The Licensee is responsible for all issues caused by any third party resources and software which has not been supplied by Infor. 5. Infor will validate the Infor configuration prior to each test. The Licensee database must be available for Infor validation no less than five (5) working days prior to the commencement of each test. Infor Statement of Work © 2013 30 9. Commercial Terms Any delays or changes caused by Licensee, Licensee's employees, equipment, contractors or vendors may require an extension in the estimated Project schedule and/or may cause an increase in the estimated Service hours or estimated fees described in this SOW, including without limitation delays or changes due to the following: (a) a material change to or deficiency in the information which the Licensee has supplied to Infor; (b) a failure by the Licensee or vendors to perform any of their respective responsibilities under this SOW; (c) an unanticipated event that materially changes the service needs or requirements of the Licensee; (d) circumstances beyond the reasonable control of either Infor or Licensee, acts of God or other force majeure event; or (e) a change in law. If Licensee requires that any person render Services at Licensee's site for more than 12 consecutive months: (a) Internal Revenue Code (IRC) §162 will classify all of that person's Services as an indefinite work assignment ("IWA"), (b) beginning with the thirteenth consecutive month of work at the Licensee's site, all of that person's reimbursed business expenses, including travel, lodging, meals and car rental, must be treated as taxable personal income to that person under IRC §162, (c) Infor will include these reimbursed expenses in the person's taxable compensation, and will increase that person's compensation to cover those taxes and the personal income and withholding taxes on that increase and (d) Licensee shall reimburse Infor for the entire amount of that increase. 10. General Project Requisites The following general Project requisites apply during this Project: 1. Infor will have remote access to the Licensee network and systems as necessary to support the activities within the Project plan. 2. All Infor and Licensee Project team members will utilize an lnfor Project StepWise database provided by lnfor to register Project issues and store Project Deliverables. 3. The Licensee will provide appropriate office facilities to all full-time and part-time team members assigned to the Project team as may be required from time to time. This includes, but is not limited to, office space, work desks, networked computers, Microsoft Office productivity tools, team meeting rooms, networked printers, photocopier, telephones, stationery, whiteboards, internet, and VPN connection and other required resources in order to facilitate the effectiveness of the Project team. 4. Infor's personnel will have access to the office facilities at all times, as dictated by Licensee's reasonable security restrictions. 5. Infor and Licensee agree that both parties shall have the right to request removal any Licensee or Infor Project staff member engaged in improper conduct. Both parties will use commercially reasonable efforts to replace personnel removed from the project, but cannot make any guarantee on timing if personnel are removed at the request of the other party. Both lnfor and Licensee will provide written notification of any key project resource changes. 6. Licensee will remain current on all available Maintenance throughout the duration of the Project. 7. The Licensee has participated in the Infor Administration and Security training as identified in the Learning Scope Section of this SOW. 8. Infor will be granted appropriate access to the system to be able to support the Licensee's solution. 11. Closing Definition The Project described in this SOW will be closed (the "Closing Date") upon completion of the earlier of the following conditions: (1) the first Steering Committee meeting after the Final Go Live Date, which will be held within 45 days of the Final Go Live Date, provided that ail of the following conditions are met in Section 1(a) — 1(c) below: Infor Statement of Work © 2013 31 a. Support, Delivery and the Licensee have completed a meeting to introduce the Licensee to the Infor Xtreme Support team and to the procedures required to access and receive paid Maintenance, b. There are no open Critical Issues (as defined below) assigned to Infor, and c. The Final Acceptance criteria for the Project has been met, or (2) If the Steering Committee does not meet within 45 days of the Final Go Live Date and the conditions in la, 1b and 1c above are met, the Project is deemed to be closed, unless both Parties agree in writing to extend the Closing Date, or (3) If the conditions in 1 a, 1 b and 1 c above are met and the Licensee Steering Committee agrees in writing to deem the Project to be closed immediately A "Critical Issue" is a condition where Infor Software functionality for a time -critical major business process in the scope of this SOW is not available for use and no acceptable alternative method to complete the business process exists for the Licensee. The "Final Go Live Date" means the first date when all in -scope Infor applications within the Project of the Implementation Strategy (subject to approved change orders) are available to process a Licensee transaction for production purposes, Approval: The undersigned hereby approve this Statement of Work and acknowledge that it supersedes any previous versions. For: Inf (US), Inc. For: City of Corpus Christi ( uthorized Signature) Patricia Elias (Authorized Signature) Ronald L. Olson (Printed Name) (Printed Name) Associate General Counsel City Manager (Title) (Title) February 12, 2015 (Date) (Dale) Infor Statement of Work © 2013 ATTEST: Rebecca Huerta City Secretary APPROVED AS TO FORM: (Date) Buck Brice Assistant City Attorney For City Attorney (Date) 32 Appendix A: Learning Management System Services Following are details of Infor LMS Baseline implementation services outlining the scope of services and assumptions for this implementation: Work Tasks Work Task Description Project Kick -Off Meeting One day workshop to define project scope, objectives and key milestones. This workshop will be scheduled within 30 days of contract signing, unless a later date is agreed upon by both parties. Project Plan and Scope Document Project Plan including project tasks, milestones, owners and timeline. Scope Document describing project structure, objectives, activities and deliverables to be provided in the course of the project. Technical Assessment Check -list and test scenarios for validation of Licensee's PC and network infrastructure. Process Review List of training topics and key configuration activities to be used as an input for Training preparation and Configuration Workshop. The list is created based on Licensee's inputs such as training process documentation and/or demonstration of the current training processes. Core Team Administration Training Two-day training on LMS administration functionality for the Licensee's core team up to 14 participants. Training guides are provided by Infor for each training participant. Portal Branding One branded portal based on Licensee's look and feel requirements (e.g. login page, logo, banner image, etc.). LMS Hierarchy Design and set up of System Hierarchy to reflect the structure of client's training organization. A separate meeting may be required to discuss hierarchy implications and validate proposed design. Configuration of the interface between LMS and TM Configuration of the standard integration interface between LMS and Talent Management to enable and test data exchange between the applications. Configuration Workshop One day workshop to review configuration process with Licensee's training data and gather inputs for the Configuration Pian. Standards and Configuration Plan Standards and Configuration Plan document listing all configuration activities, naming conventions and standards to be followed during System Configuration. System Configuration Support Setting up notifications, facilities, instructors, portal config, assistance with course scheduling, setting up curricula and catalogs, distribution rules, certification programs. System Configuration is a joint activity where Infor provides guidance and assistance while the majority of the actual configuration tasks are performed by the Licensee based on the Standards and Configuration Plan document. User Acceptance Test / Pilot Support User Acceptance session and/or targeted pilot of LMS process and functionality. This is a Licensee !ed activity. Infor provides assistance by sharing best practices, supporting UAT/Pilot configuration and processing feedback. Infor Statement of Work © 2013 33 Work Tasks Work Task Description Roll-out Support Final fine tuning of system configuration in support of rollout. Infor provides assistance with answering "how to" questions, configuration adjustments and issue resolution. Project Management and Oversight Project weekly meetings, steering committee meetings (if applicable), project administration and reporting. Infor Statement of Work © 2013 34 Appendix B: Payment Milestone Table Payment Milestone ILNumber _ ni.b . , . _5 Projected Completion week Mitetone Amount Holdback Payment Amount LMS (Learning Management System) Establish Phase _ M-1 Milestone - Project Initiation and Team Learning: 4/6/2015 511,537.60 $1,153.76 $10,383.84 M-2 Milestone -Acceptance Test 5/15/2015 517,306.40 51,730.64 $15,575.76 Execute Phase M-3 Milestone -Full Scale Test: 6/15/2015 511,537,60 $1,153.76 510,383.84 M-4 Milestone - Complete Post -Go -Live Support: 7/13/2015 $17,306.40 $1,730.64 $15,575.76 M-5 Milestone -- Close Project: 8/24/2015 50.00 55,768.80 Total Payment Milestone Amount for this Project 557,688.00 $5,766.80 557,688.00 Infor Statement of Work © 2013 35 AGENDA MEMORANDUM Future Item for the City Council Meeting of 3-10-2015 Action Item for the City Council Meeting of 3-24-2015 DATE: February 13, 2015 TO: Ronald L. Olson, City Manager FROM: Yasmine Chapman, Director of Human Resources Yasminec@cctexas.com 361-826-3315 Michael Armstrong, Chief Information Officer MichaelAR@cctexas.com (361) 826-3740 Approving the Purchase of Additional Licenses to a Subscription of Curated Online Courses Through OpenSesame for the Human Resources Department CAPTION: Motion authorizing the City Manager or designee to execute all documents necessary to approve the purchase of additional subscription service licenses provided sole source from Open Sesame Inc., Portland OR, for a total expenditure of $74,580 for the subscription service for one (1) year. Funds are available in the Human Resources FY2015 budget. PURPOSE: To provide additional subscription licenses (not to exceed 3,000) of OpenSesame Plus for a curated offering of 3,000+ courses to be delivered through INFOR Certpoint, Learning Management System and is compatible with and integrated with the ERP (Enterprise Resource Planning) software currently being implemented by the City. Subscriptions are licensed by employee count and are only billed as licenses are consumed. BACKGROUND AND FINDINGS: The City of Corpus Christi currently has 50 subscription licenses with OpenSesame Plus as approved during a pilot program started in June 2014. Due to the success of this pilot, the Human Resources department has determined that access to OpenSesame Plus provides cost-effective training content that offers our workforce the ability to engage in online training. Once implemented, the subscription licenses will be offered City -Wide to employees and integrated into our new Infor Learning Management System to track as a part of our goal to provide employee training on -demand. Funds for this purchase have been budgeted and are available from the Human Resources FY2015 budget. ALTERNATIVES: Denial of proposed sole -source purchase of additional licenses and consulting hours OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed purchase conforms with City purchasing policies and procedures. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Municipal Information Systems Department Human Resources Department Office of Management and Budget Finance and Purchasing Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $74,580 $ 74,580 Encumbered / Expended Amount This item BALANCE $74,580 $ 74,580 Fund(s):1020 Comments: No matching funds required. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: OpenSesame Order Form OpenSesame Implementation Information OpenSesame Plus Catalog of Courses .. OpenSesame® OpenSesame Implementation Information for City of Corpus Christi Partnership Update: OpenSesame and Infor are in final partnership discussions, however the details of this partnership cannot be disclosed at this point. Infor and OpenSesame have done testing of the compatibility of our courses in the Infor LMS and have confirmed they are functioning as expected. Selection of Courses to Load: Typically people do not load all 3,000+ courses available from OpenSesame Plus into their LMS at once (although you certainly could!). We have divided out the OpenSesame Plus catalog into 16 categories, and you can choose to load just the categories of your choosing, or you can hand select the courses or authors you'd like to start with. At any point, you can add new or additional courses that get added to OpenSesame Plus by going to OpenSesame and logging on. From your Dashboard, you can download the SCORM packages to the courses of your choosing. Loading and Integration of Courses: Upon selection of the courses, OpenSesame will provide you with SCORM packages (.zip files) and metadata for the courses. The metadata will include title, description, duration, etc. This information can then be loaded into the LMS. Once the courses are published in the LMS, the users of the LMS with permissions to see the course catalog can begin taking a course instantly. They will not need to log in to OpenSesame. OpenSesame will register that user as a "seat" in the OpenSesame Plus subscription and that user can take their course and any others in the OpenSesame Plus catalog without burning another "seat". Our courses will report completions, quiz scores (when applicable) and bookmarking of the courses in the LMS. You can access this data from the LMS or from your OpenSesame dashboard. OpenSesame courses are updated regularly to maintain the highest level of quality. When a course update is published, the administrator of the OpenSesame subscription will get an email notice. From that email or from your OpenSesame dashboard, you can approve the update and the course update will be pushed automatically to your LMS -no need to reload the course package. OpenSesame 1 520 NW Davis Street, Suite 200 1 Portland, OR 97209 1(503)808-1268 1 www.opensesame.com ;;; Iopensesame® Support and Help from OpenSesame: The OpenSesame support staff and your dedicated account manager (Kristin Hansen), will be able to assist with any support issues or questions that may arise. Additionally, Kristin and the team can help provide tools for internal marketing of courses, details about new courses added to OpenSesame and general account support. OpenSesame 1 520 NW Davis Street, Suite 200 1 Portland, OR 97209 1(503)808-1268 1 www.opensesame.com 12 OPENSESAME PLUS CATALOG SUMMARY 2/13/15 Atomic Training Cegos 69 CompuWorks Enspark LearnNowOnline Maestro SONIC Performance Support Syntrio Vado 1 Vivid Learning Systems Vubiz 60 Webucator Training Grand Total 130 Accounting, Finance & Banking (Banking & Finance) Communication Skills 242 6 8 35 28 1 320 Customer Service 10 1 3 1 15 Employee Development 1 203 1 11 8 9 93 26 1 353 Executive Development 18 3 21 Human Resources & Administration (HR & Administration) 107 3 1 6 22 139 Information Technology 8 7 359 14 388 Management Essentials (Management & Leadership) 340 8 11 143 21 523 Mandatory & Compliance (Compliance Essentials) 2 4 1 42 36 33 3 121 Microsoft Office 2007 35 16 9 60 Microsoft Office 2010 34 17 122 14 187 Microsoft Office 2013 24 1 27 17 12 81 Operating Systems & Web Browsers 36 1 2 3 2 44 Profession or Industry Specific 16 1 2 19 Project Management 70 8 75 153 Safety Fundamentals 13 40 2 107 17 179 Sales & Marketing Effectiveness 355 1 10 1 367 Software, Desktop & Internet Applications (Everyday Applications) 330 7 5 1 7 350 Team Building & Teamwork 8 1 23 1 33 Grand Total 468 1424 50 32 410 38 142 115 378 143 227 56 3483 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 10, 2015 Action Item for the City Council Meeting of March 24, 2015 DATE: February 26, 2015 TO: Ronald L. Olson, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Resolution in opposition to a Revenue Cap and Legislative interference with Local Services CAPTION: Resolution of the City of Corpus Christi, Texas, in opposition to a Revenue Cap and Legislative interference with Local Services PURPOSE: On October 21, 2014, the City Council adopted its legislative agenda for the 84th Regular Session of the Texas Legislature. Included in the recommendations was opposition to legislation that: • Undermine the principle of home rule and local control by the City. • Results in the loss of revenue or negatively impacts potential revenue growth to the City. • Diminishes the authority of cities to regulate and manage their growth and development. The resolution will formalize the City's position on revenue cap legislation. Once adopted, the resolution will be distributed to members of the Coastal Bend legislative delegation and other members of the Texas Legislature in hopes of influencing members of the House and Senate to defeat any revenue cap bills that come up in committee and make it to the floor of either chamber. The Senate Finance Committee is expected to take up revenue cap legislation the first week of March, although it will take several weeks before the full Senate acts on the bill and makes it way to the House for consideration. BACKGROUND AND FINDINGS: Bills have been filed during the 84th Regular Session of the Texas Legislature to cap the amount of property tax revenue cities can collect each year in a misguided effort to reduce the property tax burden on homeowners and businesses. Currently, if a Texas city increases property tax collections by more than eight percent over the previous year, voters can petition for an election to rollback the increase. Bills have been introduced to replace that eight percent "rollback rate" with a hard cap of four percent and require mandatory elections on an increase over four percent — all with the false claim that this would provide property tax relief. According to the state comptroller's latest survey of property tax rates in 1,002 cities in Texas, 67 percent of cities raised their property taxes by Tess than four percent from 2012 to 2013 and 37 percent of cities actually reduced their property taxes. That means property owners in at least 669 Texas cities would have seen no reduction in their city property taxes if the four percent cap had been in effect. Cities collect just 16 percent of the property taxes levied in Texas. Most of the property taxes paid by Texans (55 percent) go to school districts. According to the comptroller's report, the total amount of property taxes collected by cities rose by 3.61 percent between 2012 and 2013, while school district tax collections rose by more than twice that rate or 7.72 percent. School property taxes have been rising because the legislature continues to reduce the state's share of funding for schools which forces districts to get more revenue from property taxes. The Texas Municipal League recently contracted with the respected firm of Baselice and Associates, Inc. to conduct a statewide poll to determine which level of government citizens trust to make decisions about how much money local governments spend on local services. Almost 80 percent of respondents said they believe city and county governments would do a better job of making those funding decisions than state government. According to the survey, 63 percent of respondents expressed opposition to legislatively -mandated revenue cap schemes that limit a city's or county's ability to generate revenue to provide local services. ALTERNATIVES: The Council can choose to: 1. Adopt the resolution. 2. Not adopt the resolution. 3. Make revisions to the resolution. OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: n/a EMERGENCY / NON -EMERGENCY: This is a non -emergency item. DEPARTMENTAL CLEARANCES: Deputy City Manager City Attorney City Manager FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Year FY 15 TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: None RECOMMENDATION: Staff recommends adoption of the resolution. LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION NO. A RESOLUTION OF THE CITY OF CORPUS CHRISTI, TEXAS, IN OPPOSITION TO A REVENUE CAP AND LEGISLATIVE INTERFERENCE WITH LOCAL SERVICES. WHEREAS, bills have been introduced to cap the amount of property tax revenue cities can collect each year in a misguided effort to reduce the property tax burden on homeowners and businesses; and WHEREAS, currently, if a Texas city increases property tax collections by more than eight percent over the previous year, voters can petition for an election to rollback the increase; and WHEREAS, bills have been introduced to replace that eight percent "rollback rate" with a hard cap of four percent and require mandatory elections on an increase over four percent — all with the false claim that this would provide property tax relief; and WHEREAS, according to the state comptroller's latest survey of property tax rates in 1,002 cities in Texas, 67 percent of cities raised their property taxes by less than four percent from 2012 to 2013 and 37 percent of cities actually reduced their property taxes; and WHEREAS, that means property owners in at least 669 Texas cities would have seen no reduction in their city property taxes if the four percent cap had been in effect; and WHEREAS, while the savings to individual taxpayers are very small or even non-existent, a four percent cap could represent a loss in vital city services; and WHEREAS, cities collect just 16 percent of the property taxes levied in Texas, and most of the property taxes paid by Texans (55 percent) go to school districts; and WHEREAS, according to the comptroller's report, the total amount of property taxes collected by cities rose by 3.61 percent between 2012 and 2013, while school district tax collections rose by more than twice that rate or 7.72 percent; and WHEREAS, school property taxes have been rising because the legislature continues to reduce the state's share of funding for schools, which forces districts to get more revenue from property taxes. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 1. That all of the above recitals are true and correct; 2. That the City Council of the City of Corpus Christi, Texas, is OPPOSED to the legislative imposition of a revenue cap and legislative interference with local services; and 3. That imposing a revenue cap on cities: (a) does not provide meaningful tax relief; (b) robs cities of the ability to meet local needs; and (c) diverts attention from the real cause of higher property taxes, which is the legislature's failure to address the problem of school funding. PASSED AND APPROVED this day of , 2015. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi, Texas Corpus Christi, Texas The above resolution was passed by the following vote: Nelda Martinez Carolyn Vaughan Brian Rosas Lucy Rubio Colleen McIntyre Rudy Garza Chad Magill Lillian Riojas Mark Scott AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of March 10, 2015 Second Reading for the City Council Meeting of March 24, 2015 DATE: February 17, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Amendment to the Unified Development Code to increase the self -storage use compartment size limitation CAPTION: Ordinance amending the Unified Development Code ("UDC") by revising Section 5.2.14.0 allowing an increase in self -storage use compartment sizes from 400 square feet to 500 square feet; and providing for severance, penalties, and publication. PURPOSE: The purpose of this item is to amend the UDC's limitation on compartment sizes for self -storage uses. The current 400 square foot size limitation allowed in certain commercial zoning districts is too small to accommodate many recreational vehicles and boats. BACKGROUND AND FINDINGS: During a recent rezoning case, the City Council posed a question on whether the current 400 square foot size limitation for self -storage uses allowed in a commercial zoning district is too small to accommodate storage of recreational vehicles and boats. Assuming that a storage unit will have a 12 foot wide door, with a 1.5 foot clearance on either side of the door, the current 400 square foot size limitation allows for self -storage units with a depth of 26 feet. The UDC also allows for a 10% administrative increase, so a maximum depth of 29 feet and 440 square feet is possible. However, the most commonly sold recreational vehicles would not fit in a storage unit with only 29 feet of depth. A survey of local recreational vehicle and boat sales revealed that the most common size of recreational vehicle sold is in a range of 28 to 35 feet, with a width of 8.5 feet and a height of approximately 12 feet. Boats commonly range 21 to 27 feet, with a width of 8 to 9 feet, and a height of 8 to 9 feet. 1 Self -storage uses are allowed in CR -1 and 2, Resort Commercial Districts; CG -1 and 2, General Commercial Districts; CI, Commercial Compatible District; and BP, Business Park District. Self -storage uses are allowed without limitation on compartment size in the IL, Light Industrial and IH, Heavy Industrial Districts. Staff conducted a survey of Texas cities and found that 500 square feet is a common cut off size for self -storage units in commercial zoning districts. However, not all cities surveyed placed a size limitation on self -storage unit size, but there was usually some other controlling factor such as City Council approval of all self -storage, a site plan requirement, etc. Increasing the existing size limitation to 500 square feet will allow for vehicles that are 33 feet in length (Unit size: 15' x 33'). With the UDC 10% administrative increase, a self -storage unit depth of 36 feet would be possible. This increase would accommodate the most common size of recreational vehicle and boat sold in the area. Larger vehicles would have to be placed in storage units that have industrial district zoning. ALTERNATIVES: Denial or alteration of the proposed UDC amendment. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed text amendment conforms to City policy and State law. DEPARTMENT CLEARANCES: Planning Commission and Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Planning Commission and staff recommend approval of the proposed UDC text amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Unified Development Code ("UDC") by revising Section 5.2.14.0 allowing an increase in self -storage use compartment sizes from 400 square feet to 500 square feet; and providing for severance, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its report and recommendation regarding this amendment of the Unified Development Code ("UDC"); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 11, 2015, during a meeting of the Planning Commission, and on Tuesday, March 10, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, self -storage uses in a commercial districts are used to store personal property, including boats and recreational vehicles; WHEREAS, self -storage uses are a form of industrial use, but for the convenience of residents of the community self -storage or mini -storage uses are allowed in certain commercial zoning districts near residential neighborhoods; WHEREAS, self -storage uses are limited in unit size to prevent the unit size from becoming an industrial sized warehouse use that could negatively impact nearby residentially zoned property; WHEREAS, the City Council has determined that an increase from 400 square feet to 500 square feet for self -storage units will not harm surrounding neighborhoods and is necessary to permit self -storage units to accommodate larger boats and recreational vehicles commonly purchased by area residents; and WHEREAS, the City Council has determined that this amendment to the UDC would best serve the public's health, necessity, and convenience and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That UDC Section 5.2.14.0 is amended by revising the text to read as follows: "5.2.14. Self -Service Storage, Including Boat and RV Storage "C. Each compartment may not exceed an area of 488 500 square feet. Ordinance Amending Self -Storage Unit SizeSelf-Storage Page 1 of 3 SECTION 2. If for any reason any section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance shall be 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, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance be given full force and effect for its purpose. The City Council hereby declares that it would have passed this Ordinance, and each section, paragraph, subdivision, sentence, clause, phrase, word, or provision thereof, irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clauses, phrases, words, or provisions be declared invalid or unconstitutional. SECTION 3. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 4. 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 5. This ordinance is effective immediately and applies to any rezoning that is in the process of or has taken effect. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas Ordinance Amending Self -Storage Unit SizeSelf-Storage Page 2 of 3 The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the ATTEST: Rebecca Huerta City Secretary day of , 20 Nelda Martinez Mayor Ordinance Amending Self -Storage Unit SizeSelf-Storage Page 3 of 3 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of March 10, 2015 Second Reading for the City Council Meeting of March 24, 2015 DATE: February 19, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Rezoning from Farm Rural to Single -Family and Commercial For South Staples, LLC Property Address: 714 FM 2444 CAPTION: Case No. 0115-06 South Staples LLC: A change of zoning from the "FR" Farm Rural District to the "RS -15" Single -Family 15 District on Tract 1 and from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District on Tract 2. Tract 1 is described as being an 8.57 acre tract out of a 78.76 acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts. Tract 2 is described as being a 5.22 acre tract out of a 78.76 acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts. The properties are located at the northwest corner of South Staples Street (FM 2444) and County Road 41A. PURPOSE: The purpose of this item is to rezone the property to allow development of single-family uses on Tract 1 and commercial uses on Tract 2. RECOMMENDATION: Planning Commission and Staff Recommendation (February 11, 2015): Tract 1: Denial of the rezoning from the "FR" Farm Rural District to "RS -15" Single - Family 15 District and, in lieu thereof, approval of the "RS-22/SP" Single -Family 22 District with a Special Permit subject to a site plan and the following conditions: 1. Permitted Uses: The only use authorized by this Special Permit are those authorized by the "RS -22" Single -Family District and single-family detached dwellings on lots with a minimum size of 21,780 square feet. 2. Lot Width: The Property described as Tract 1 shall be developed in accordance with the setback/height/open space requirements of the "RS -22" District with the exception that Lots 2, 3, 58 and 59 are permitted to have a minimum lot width of 60 feet measured at the front yard setback and Lots 1 and 60 are permitted to have a minimum lot width of 90 feet measured at the front yard setback. 3. Time Limit: This Special Permit shall be deemed to have expired within 24 months of this ordinance unless a complete public improvement construction permit application has been submitted. Tract 2: Approval of the rezoning from the "FR" Farm Rural District to "CN -1" Neighborhood Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a change of zoning from the "FR" Farm Rural District to the "RS -15" Single -Family 15 District on Tract 1, which would allow with appropriate wastewater infrastructure the construction of single-family dwellings on lots with a minimum size of 15,000 square feet, and to the "CN -1" Neighborhood Commercial District on Tract 2 to allow neighborhood commercial type businesses. The applicant plans to develop half -acre (21,780 square foot) single-family lots because public wastewater lines are not available in the area and half -acre lots are required for septic systems. The applicant is requesting the "RS -15" District because he cannot meet the minimum lot size of 22,000 square feet required by the "RS -22" District. However, both staff and the Planning Commission have recommended a Special Permit to accommodate the applicant's larger single-family lots, and the applicant is agreeable to the Special Permit. ALTERNATIVES: 1. Approve the Planning Commission and Staff recommendation. 2. Approve the "RS -15" Single -Family 15 District on Tract 1 and "CN -1" Neighborhood Commercial District on Tract 2. 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject properties are within the boundaries of the London Area Development Plan (ADP). The proposed rezoning of Tract 1 is consistent with the adopted Future Land Use Plan, which slates the properties for low density residential uses. The proposed rezoning of Tract 2 is not strictly consistent with the Future Land Use Plan. However, the Urban Transportation Plan map calls for a collector street (County Road 41A) to extend along the east side of the entire development and the broader Future Land Use Plan calls for commercial uses at intersections of larger streets. Tract 2 will be located at the corner of a collector and arterial roadway, making the location suitable for neighborhood commercial uses. Therefore, the proposed rezoning of Tract 2 is consistent with the Comprehensive Plan overall. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance (RS-22/SP & CN -1; Planning Commission & Staff Recommendation) Ordinance (RS -15 & CN -1) Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by South Staples, LLC ("Owner"), by changing the UDC Zoning Map in reference to Tract 1, being an 8.57 -acre tract out of a 78.76 -acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts, and Tract 2, being a 5.22 -acre tract out of a 78.76 -acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts, from the "FR" Farm Rural District to the "RS -15" Single - Family 15 District on Tract 1; and from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of South Staples LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 11, 2015, during a meeting of the Planning Commission, and on Tuesday, March 10, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by South Staples, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Tract 1, being an 8.57 -acre tract out of a 78.76 -acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts, and Tract 2, being a 5.22 -acre tract out of a 78.76 -acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts, located along the north side of Farm -to -Market Road 2444 (South Staples Street) and west of County Road 41A (the "Property"), from the "FR" Farm Rural District to the "RS -15" Single -Family 15 District on Tract 1; and from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District on Tract 2 (Zoning Map No. 048030), as shown in Exhibits "A" and "B". Exhibit A, which is a metes and bounds description and map of Tract 1 and Exhibit "B", which is a metes and bounds description and map of Tract 2, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas Ordinance_0115-06 South Staples LLC 02.18.15 Page 2 of 3 The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance_0115-06 South Staples LLC 02.18.15 Page 3 of 3 LEGAL DESCRIPTION RESIDENTIAL TRACT 8.57 ACRES BEING a 8.57 acre tract out of a 78.76 acre parcel which is out of East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts as recorded in Volume 3, Page 15, Map Records, Nueces County, Texas, said 78.76 acres being recorded in Document No. 2006062064, Deed Records, Nueces County, Texas, and being more particularly described as follows: BEGINNING at a found 1 inch iron pipe on the north right-of-way line of FM 2444 (South Staples Street) for the southwest corner of said 78.76 acre tract and the southeast comer of a 77.576 acre tract as recorded in Volume 649, Page 251, Deed Records, Nueces County, Texas, and being the southwest comer of the herein described tract; THENCE North 00°49'36" West, with the west line of said 78.76 acre tract, a distance of 455.00 feet to a calculated point for the northwest corner of the herein described tract; THENCE North 89°1 P17" East, a distance of 820.13 feet to a calculated point for the northeast comer of the herein described tract; THENCE South 00°49'41" East, a distance of 455.00 feet to a calculated point on the north right-of-way line of said FM 2444, for the southeast corner of the herein described tract; THENCE South 89°11'17" West, with•said right-of-way line, same being the south line of said 78.76 acre tract, a distance of 820.14 feet to the POINT OF BEGINNING and containing 8.57 acres, or 373,160.2 square feet. NOTE: ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE NAD 1983. Stacey King Mora, RPLS Registered Professional Land Surveyor Texas Registration No. 6166 Naismith Engineering, Inc. TBPE F#355 TBPLS F# 100395-00 Date: -San1Id►� l 3 , 20 tS 5:19219 SOUTH STAPLES LLC 'I'RAG I\PTS!DNT-LE3OAL.docx Page l of 1 Exhibit A 0 200 400 GRAPHIC SCALE IN FEET 85 13 0 0 Iri Ln •4 - t.0 O) 0 0 z W N S 'EAST 1/2 OFA R. 1/4 AS SHOW ON MAP VOL 3, PACE 15 AND RECORDED IN DOC 2p0p0p6062064 omaAI. PUBLIC RECORDS. N17ECES COUNT, TX N89'11'17"E 820.13' POWT IS SEGINNIHTS,. 1' IRON PIPE FOUND 8.67 ACRES OUT OF THE EAST 1/2 OF THE NW 1/4 OF SECTION 90 Ll FARE TRACTS AS SHOWN ON HAP VOL 9, PAGE 16 AND RECORDED IN DOC 12006082084 OFFICIAL PUBLIC RECORDS, NIMCES COUNTY. TIC S89"11 '17"W 820.14' I, Stacey King Mom, Registered Professional Land Surveyor, hereby certify that this survey was prepared from an actual on the ground survey made under my direction and supervision, and represents the facts found at the time of survey, and that this survey substantially complies with the current standards adopted by the Texas Board of Professional Land Surveying. 1 Stacey lG�ora Registered Professional Lend Surveyor Texas Registration No. 6166 smora naismith-engineering.com Naismith Engineering, Inc. Date: '.14LkwAirrt `i . Z o l 5 S STAPLES STREET 0 iri W 0) 0 0 0) CR 2444 GENERAL NOTES: 1) AU. BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE {NAD83). 2) METES AND BOUNDS DESCRIPTION TO ACCOMPANY THIS EXHIBIT. E lEllARCHITECTURE• ENGINEERING ENVIRONMENTAL a SURVEYING 4501 GOWHAR RCM 600 W 6TH SUITE 300 769 E WA5H1M TON 405 W POWER AVE CORPUS CHRISTI, TR 711411 AUSTIN. TX 76707 BROWNSVILLE, TX 711.723 VICTORIA, TT 77901 PH: (361) 6179900 PH: (512) 7069322 MI: (956) 541.1155 NH: (030)677 21231 TRi r I1 51 ■ 1HPE F•355 r11 'C r r01ZN TRR 47-10019-00 a RA1cHrI4 FIV -W 799 G roM Naismith Engineering,Inc A 8.57 ACRE TRACT OUT OF A 78.76 ACRE TRACT AS RECORDED IN DOCUMENT # 2006062064, OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TEXAS DV. °' Suns I'"" .,� SKM ►n1.aw SKM 9279 '°"` 1^.20O °" OT -19.15 Exhibit A ID"trii9-S-STAPLES 1 co 1 LEGAL DESCRIPTION COMMERCIAL TRACT 5.22 ACRES BEING a 5.22 acre tract out of a 78.76 acre parcel which is out of East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts as recorded in Volume 3, Page 15, Map Records, Nueces County, Texas, said 78.76 acres being recorded in Document No. 2006062064, Deed Records, Nueces County, Texas, and being more particularly described as follows: BEGINNING at a found 5/8 inch iron rod on the north right-of-way line of FM 2444 (South Staples Street) for the southeast comer of said 78.76 acre tract and the southwest corner of a 98.76 acre tract as recorded in Document # 2012045937, Deed Records, Nueces County, Texas, and being the southeast comer of the herein described tract; THENCE South 89°11'17" West, with said right-of-way line, same being the south line of said 78.76 acre tract, a distance of 500.00 feet to the southwest comer of the herein described tract; THENCE North 00°49'41" West, a distance of 455.00 feet to a calculated point for the northwest corner of the herein described tract; THENCE North 89°11'17" East, a distance of 500.00 feet to a calculated point on the east line of said 78.76 acre tract, same being the west Line of said 98.76 acre tract, for the northeast comer of the herein described tract; 1'11J;NCE South 00°49'41" East, with the east line of said 78.76 acre tract and the west line of said 98.76 acre tract, a distance of 455.00 feet to POINT OF BEGINNING and containing 5.22 acres, or 227,500 square feet. NOTE: ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE NAD 1983. t Stacey King Mora, RPLS Registered Professional Land Surveyor Texas Registration No. 6166 Naismith Engineering, Inc. TBPE F#355 TBPLS F# 100395-00 Date:,,n,ia1) 13 (ZntS 5:19279 SOUTH STAPLES LLC TKACACOMM-LEGAL dacx Pogo i of 1 Exhibit B 0 200 400 GRAPHIC SCALE IN FEET 'EAST 1/2 OF DIE NW1/4 OF SECIICN 30 _ LAUR FARM DRAM AS SNOIYN ON UAP VOL 3. PAGE 15 AND RECORDED IN DOC 1200113020114 OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TA N8911'17"E 500.00' 0 In O 0 Lri In 5.22 ACRES OUT OF THE EAST 1/2 OF THE NW 1/4 OF SECTION 90 LAURELES FARM TRACTS AS SHOWN ON HAP VOL 3. PAGE 15 AND RECORDED IN DOC P00806E054 OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TX 589'11'17"W 500.00' w b.) 07 0 0 U) �p DINT OF BEGINNING0 5/8. MON R00 FOUND 5 STAPLES STREET 1, Stacey King Mora, Registered Professional Land Surveyor, hereby certify that this survey was prepared from an actual on the ground survey made under my &action and supervision, and represents the facts found at the rime of survey, and that this survey substantially complies with the current standards adopted by the Texas Board of Professional Lend Surveying. Stacey K Registered Professional Land Surveyo Texas Registration No. 6166 smora@nalsmith-engineering.com Naismith Engineering, Inc. Date: jgib 19, 201 5 Q CR 2444 0:1 ARCHITECTURE• ENGINEERING ■ ENVIRONMENTAL •SURVEYING 4501 OOLLDUR ROAM 600 W 61N SURE 300 769E WASHING1UN 40S W POWER AVE ORPUS CHRISTI, 55 lI41 L AUSTIN, TX 70701 BNOWNSVILLE, Ix 71153] VICTORIA„ TX 77901 PH:1351) 514.9900 PH:1512) 7069322 PH: (956) 541-1155 PH; WO) 677.2531 TEM F-13553 • T9PE F.355 • MPG FSO017 P MRS F-105345.00 • NAISMIR-ENGINEERIPIG.cp I A 5.22 ACRE TRACT OUT OF A 78.76 ACRE TRACT AS RECORDED IN DOCUMENT# 2006062064, OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TEXAS GENERAL NOTES: 1) ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE (NAD63). 2) METES AND BOUNDS DESCRIPTION TO ACCOMPANY THIS EXHIBIT. Naismith E ng ineeri ng,Inc SKM "•1QOr 5104 •1F •� r.1.a,r 5114 9279 i 1•.2W 01-19-15 9/79 -5 -STAPLES 0 ItMel Exhibit B Ordinance amending the Unified Development Code ("UDC"), upon application by South Staples, LLC ("Owner"), by changing the UDC Zoning Map in reference to Tract 1, being an 8.57 -acre tract out of a 78.76 -acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts, and Tract 2, being a 5.22 -acre tract out of a 78.76 -acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts, from the "FR" Farm Rural District to the "RS-22/SP" Single -Family 22 District with a Special Permit on Tract 1; and from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of South Staples, LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 11, 2015, during a meeting of the Planning Commission, and on Tuesday, March 10, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by South Staples, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Tract 1, being an 8.57 -acre tract out of a 78.76 -acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts, and Tract 2, being a 5.22 -acre tract out of a 78.76 -acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts, located along the north side of Farm -to -Market Road 2444 (South Staples Street) and west of County Road 41A (the "Property"), from the "FR" Farm Rural District to the "RS-22/SP" Single -Family 22 District with a Special Permit on Tract 1; and from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District on Tract 2 (Zoning Map No. 048030), as shown in Exhibits "A," "B," and "C." Exhibit A, which is a metes and bounds description and map of Tract 1, Exhibit "B", which is a metes and bounds description and map of Tract 2, and Exhibit "C", which is a site plan of the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the requirements of Exhibit C and the following conditions for Tract 1: 1. Permitted Uses: The only use authorized by this Special Permit are those authorized by the "RS -22" Single -Family District and single-family detached dwellings on lots with a minimum size of 21,780 square feet. 2. Lot Width: The Property described as Tract 1 shall be developed in accordance with the setback/height/open space requirements of the "RS -22" District with the exception that Lots 2, 3, 58 and 59 are permitted to have a minimum lot width of 60 feet measured at the front yard setback and Lots 1 and 60 are permitted to have a minimum lot width of 90 feet measured at the front yard setback. 3. Time Limit: This Special Permit shall be deemed to have expired within 24 months of this ordinance unless a complete public improvement construction permit application has been submitted. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas Ordinance SP 0115-06 South Staples LLC 02.18.15 Page 2 of 3 The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance SP 0115-06 South Staples LLC 02.18.15 Page 3 of 3 LEGAL DESCRIPTION RESIDENTIAL TRACT 8.57 ACRES BEING a 8.57 acre tract out of a 78.76 acre parcel which is out of East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts as recorded in Volume 3, Page 15, Map Records, Nueces County, Texas, said 78.76 acres being recorded in Document No. 2006062064, Deed Records, Nueces County, Texas, and being more particularly described as follows: BEGINNING at a found 1 inch iron pipe on the north right-of-way line of FM 2444 (South Staples Street) for the southwest corner of said 78.76 acre tract and the southeast comer of a 77.576 acre tract as recorded in Volume 649, Page 251, Deed Records, Nueces County, Texas, and being the southwest comer of the herein described tract; THENCE North 00°49'36" West, with the west line of said 78.76 acre tract, a distance of 455.00 feet to a calculated point for the northwest corner of the herein described tract; THENCE North 89°1 P17" East, a distance of 820.13 feet to a calculated point for the northeast comer of the herein described tract; THENCE South 00°49'41" East, a distance of 455.00 feet to a calculated point on the north right-of-way line of said FM 2444, for the southeast corner of the herein described tract; THENCE South 89°11'17" West, with•said right-of-way line, same being the south line of said 78.76 acre tract, a distance of 820.14 feet to the POINT OF BEGINNING and containing 8.57 acres, or 373,160.2 square feet. NOTE: ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE NAD 1983. Stacey King Mora, RPLS Registered Professional Land Surveyor Texas Registration No. 6166 Naismith Engineering, Inc. TBPE F#355 TBPLS F# 100395-00 Date: -San1Id►� l 3 , 20 tS 5:19219 SOUTH STAPLES LLC 'I'RAG I\PTS!DNT-LE3OAL.docx Page l of 1 Exhibit A 0 200 400 GRAPHIC SCALE IN FEET 85 13 0 0 Iri Ln •4 - t.0 O) 0 0 z W N S 'EAST 1/2 OFA R. 1/4 AS SHOW ON MAP VOL 3, PACE 15 AND RECORDED IN DOC 2p0p0p6062064 omaAI. PUBLIC RECORDS. N17ECES COUNT, TX N89'11'17"E 820.13' POWT IS SEGINNIHTS,. 1' IRON PIPE FOUND 8.67 ACRES OUT OF THE EAST 1/2 OF THE NW 1/4 OF SECTION 90 Ll FARE TRACTS AS SHOWN ON HAP VOL 9, PAGE 16 AND RECORDED IN DOC 12006082084 OFFICIAL PUBLIC RECORDS, NIMCES COUNTY. TIC S89"11 '17"W 820.14' I, Stacey King Mom, Registered Professional Land Surveyor, hereby certify that this survey was prepared from an actual on the ground survey made under my direction and supervision, and represents the facts found at the time of survey, and that this survey substantially complies with the current standards adopted by the Texas Board of Professional Land Surveying. 1 Stacey lG�ora Registered Professional Lend Surveyor Texas Registration No. 6166 smora naismith-engineering.com Naismith Engineering, Inc. Date: '.14LkwAirrt `i . Z o l 5 S STAPLES STREET 0 iri W 0) 0 0 0) CR 2444 GENERAL NOTES: 1) AU. BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE {NAD83). 2) METES AND BOUNDS DESCRIPTION TO ACCOMPANY THIS EXHIBIT. E lEllARCHITECTURE• ENGINEERING ENVIRONMENTAL a SURVEYING 4501 GOWHAR RCM 600 W 6TH SUITE 300 769 E WA5H1M TON 405 W POWER AVE CORPUS CHRISTI, TR 711411 AUSTIN. TX 76707 BROWNSVILLE, TX 711.723 VICTORIA, TT 77901 PH: (361) 6179900 PH: (512) 7069322 MI: (956) 541.1155 NH: (030)677 21231 TRi r I1 51 ■ 1HPE F•355 r11 'C r r01ZN TRR 47-10019-00 a RA1cHrI4 FIV -W 799 G roM Naismith Engineering,Inc A 8.57 ACRE TRACT OUT OF A 78.76 ACRE TRACT AS RECORDED IN DOCUMENT # 2006062064, OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TEXAS DV. °' Suns I'"" .,� SKM ►n1.aw SKM 9279 '°"` 1^.20O °" OT -19.15 Exhibit A ID"trii9-S-STAPLES 1 co 1 LEGAL DESCRIPTION COMMERCIAL TRACT 5.22 ACRES BEING a 5.22 acre tract out of a 78.76 acre parcel which is out of East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts as recorded in Volume 3, Page 15, Map Records, Nueces County, Texas, said 78.76 acres being recorded in Document No. 2006062064, Deed Records, Nueces County, Texas, and being more particularly described as follows: BEGINNING at a found 5/8 inch iron rod on the north right-of-way line of FM 2444 (South Staples Street) for the southeast comer of said 78.76 acre tract and the southwest corner of a 98.76 acre tract as recorded in Document # 2012045937, Deed Records, Nueces County, Texas, and being the southeast comer of the herein described tract; THENCE South 89°11'17" West, with said right-of-way line, same being the south line of said 78.76 acre tract, a distance of 500.00 feet to the southwest comer of the herein described tract; THENCE North 00°49'41" West, a distance of 455.00 feet to a calculated point for the northwest corner of the herein described tract; THENCE North 89°11'17" East, a distance of 500.00 feet to a calculated point on the east line of said 78.76 acre tract, same being the west Line of said 98.76 acre tract, for the northeast comer of the herein described tract; 1'11J;NCE South 00°49'41" East, with the east line of said 78.76 acre tract and the west line of said 98.76 acre tract, a distance of 455.00 feet to POINT OF BEGINNING and containing 5.22 acres, or 227,500 square feet. NOTE: ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE NAD 1983. t Stacey King Mora, RPLS Registered Professional Land Surveyor Texas Registration No. 6166 Naismith Engineering, Inc. TBPE F#355 TBPLS F# 100395-00 Date:,,n,ia1) 13 (ZntS 5:19279 SOUTH STAPLES LLC TKACACOMM-LEGAL dacx Pogo i of 1 Exhibit B 0 200 400 GRAPHIC SCALE IN FEET 'EAST 1/2 OF DIE NW1/4 OF SECIICN 30 _ LAUR FARM DRAM AS SNOIYN ON UAP VOL 3. PAGE 15 AND RECORDED IN DOC 1200113020114 OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TA N8911'17"E 500.00' 0 In O 0 Lri In 5.22 ACRES OUT OF THE EAST 1/2 OF THE NW 1/4 OF SECTION 90 LAURELES FARM TRACTS AS SHOWN ON HAP VOL 3. PAGE 15 AND RECORDED IN DOC P00806E054 OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TX 589'11'17"W 500.00' w b.) 07 0 0 U) �p DINT OF BEGINNING0 5/8. MON R00 FOUND 5 STAPLES STREET 1, Stacey King Mora, Registered Professional Land Surveyor, hereby certify that this survey was prepared from an actual on the ground survey made under my &action and supervision, and represents the facts found at the rime of survey, and that this survey substantially complies with the current standards adopted by the Texas Board of Professional Lend Surveying. Stacey K Registered Professional Land Surveyo Texas Registration No. 6166 smora@nalsmith-engineering.com Naismith Engineering, Inc. Date: jgib 19, 201 5 Q CR 2444 0:1 ARCHITECTURE• ENGINEERING ■ ENVIRONMENTAL •SURVEYING 4501 OOLLDUR ROAM 600 W 61N SURE 300 769E WASHING1UN 40S W POWER AVE ORPUS CHRISTI, 55 lI41 L AUSTIN, TX 70701 BNOWNSVILLE, Ix 71153] VICTORIA„ TX 77901 PH:1351) 514.9900 PH:1512) 7069322 PH: (956) 541-1155 PH; WO) 677.2531 TEM F-13553 • T9PE F.355 • MPG FSO017 P MRS F-105345.00 • NAISMIR-ENGINEERIPIG.cp I A 5.22 ACRE TRACT OUT OF A 78.76 ACRE TRACT AS RECORDED IN DOCUMENT# 2006062064, OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TEXAS GENERAL NOTES: 1) ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE (NAD63). 2) METES AND BOUNDS DESCRIPTION TO ACCOMPANY THIS EXHIBIT. Naismith E ng ineeri ng,Inc SKM "•1QOr 5104 •1F •� r.1.a,r 5114 9279 i 1•.2W 01-19-15 9/79 -5 -STAPLES 0 ItMel Exhibit B 6106100 1010 6026 910610Z)00 w maV Ae NNS .091 IJAmnS0.1031-0, AS MAYO 1003 9NIa33NION31i11WSIVN8>INI60690900 l.MA uo666ux)090) 0008 OlS 49£) 0066-04 04 UK) 9 n3AV9VWVH1 A 3090303'd LIS SINIa6a3aNn 04490 o on- WO94 0 :N9N3 JS VIA • 0.96E001-3 SSARL ■ LINS-39d81 • SSE9 3de1• ESSE[-9 3981 IEHZ-224 wowHd SS[i-165(906) Hd ZZEbSOt(A1S)0066-4I9(i9E)'W SAM,. SNIA4990,129 DADS,. NA'3512APAIHOE4 DOCEi •SASFA :rift. aA'USi#u:F.HRHHES 3AV 23MOd MS. 1,019NIHSVAA 3 DOD OLE 3105 Da 0009 WO!19X11109 IDSD ONIAIMIASNTLN3WNOMNN39NI1133NI8N3M311I111312HOMV DuI'6uLaaeui6u31.1piLUsIeN SVX31'AINAOO S3O3fN OOVN3A 130 O9V- d0ltlld 1YNIo 6- 2 U 0 U 0 8 8 8 8 8 8 8 8 8 8 8 8 8 8 $, e U U U 8 8 8 8 8 8 8 8 8'8 8 8 8 8 8 8 8 8 8 8 8 3 8 8 8 8 8 8 8 8 U 8 8 8 8 3 8 8 5 8 8 8 8 8 R 8 8 8 81 8 0 0 ze 960,06.00 1080.06 11 3000± 06.91 06,66 ,ON 3,1.0_89889 - - U U 888 8 8 3 8 8 n 8 8 2 E 8 8 8 8 8 8 68 91 008 "E 10/18014/ NO 80601-10 S✓ 310 681 1%19103738067 38110 OE 0891 '80I103S 80/!0 53806 9196 1W660000000 000 ±86860001003W807383 ' 8 08110681NO0 302,1038 NOS 9/9/0 1 S /7811 N-Wl S3ANl 1098806,08006 00'091 0 - - -- 3.9±09.66,0S- 911.0 -30,5±0'960 -------09'0{1--- - -06900- 06'809 2' �r� ILL' l___ N � ,,,T5-30 30.51 Vii" 30 .50? 3 30.51 �1 30.91 i�J N :21 IFI LL LL ' , .F 1 N m a` 182mo NN N 11 30.0 96800 00.5 30.90 - L --"09'000"_---I 5, 06.66,0 020 220 GA 3.91'06,66 e0S �l0 St 96,00 =' ZO--00±9- 06804 •1 ,61, ,00 (Dawn, 730 02V1 ,.9106,66.0 EE'0 _6,9P----�"ds. 30.94 66'e01 — ao HA zL 210094—__ 3051 - 1-ZO'BEL aO eZ �F Z 8 800'06./6.00 19' 1 LL Jo __ 69'9 3.2406. C. 200 9E_ __ _U 1050 00' 16" 34,6 , ,0S a ,91 1 OOVN3/ 13.9.829Y1 66,0S 30 .90 .0 �A:szL-7-- N 00 U 1.020 9 "ON / 0' 0 ±0'90.60,0 40'0 ,I 99'6 3094 b 900 N Ga ,OS G3 OCVN3A 36 0081 10 5,00'09,19 .0S Z4'46 - 3y1. 00 30.01 69'9 311,9_09'60E ZS rZ M. '96.16,00 SO 60 ^E N i y N 8 3091_ 06'00t- h (0 19 L01. 8 311.9- 691,00 -_ _ _ _ _ -06'900 _ 06'60 06 N 30 S0' 06804 941ZZ. 30,9 _ _ _ _69'9 8 8 8 8 8 20 WEST 1/2 OF THE NW 1/4 OF SECTION 30 rtNr LAURELES FARM TRACTS AS SHOWN ON MAP VOL 3, PAGE 15 Aerial Overview :4777 rzi r1� Pr- �.arrfara aui i 1.3 is w 1 Aerial PLANNING COMMISSION FINAL REPORT Case No.: 0115-06 HTE No. 15-10000002 Planning Commission Hearing Date: February 11, 2015 Applicant/Owner: South Staples, LLC Representative: Naismith Engineering Legal Description: Tract 1: Being an 8.57 acre tract out of a 78.76 acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts. Tract 2: Being a 5.22 acre tract out of a 78.76 acre parcel which is out of the East One -Half of the Northwest One -Quarter, Section Thirty, Laureles Farm Tracts. Location: The property is located on the northwest corner of South Staples Street (FM 2444) and County Road 41A. Zoning Request Tract 1: From: "FR" Farm Rural District To: "RS -15" Single -Family 15 District Area: 8.57 acres Purpose of Request: To allow the construction of a single-family subdivision. Tract 2: From: "FR" Farm Rural District To: "CN -1" Neighborhood Commercial District Area: 5.22 acres Purpose of Request: To allow neighborhood commercial type businesses. Existing Zoning District Existing Land Use Future Land Use Site Tract 1: "FR" Farm Rural Tract 2: "FR" Farm Rural Tract 1: Vacant Tract 2: Vacant Tract 1: Low Density Residential Tract 2: Low Density Residential North "FR" Farm Rural Vacant Low Density Residential South "FR" Farm Rural Vacant Low Density Residential East "FR" Farm Rural Vacant Low Density Residential West "FR" Farm Rural Vacant Low Density Residential Planning Commission Final Report Case # 0115-06 South Staples, LLC o o 2 a o a5 Area Development Plan: The subject property is located within the boundaries of the London Area Development Plan (ADP) and is planned for low density residential uses. The rezoning on Tract 1 is consistent with the adopted Future Land Use Plan. While the rezoning on Tract 2 is inconsistent with the Future LAND Use Plan. Map No.: 048030 Zoning Violations: None Transportation Transportation and Circulation: The area to be rezoned has access to South Staples Street (FM 2444), which the Urban Transportation Plan shows as an A3 Primary Arterial Street, and County Road 41A, which the Urban Transportation Plan shows as a C3 Primary Collector Street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume FM 2444 South Staples Street A3 Primary Arterial Existing 130' ROW 79' Paved 3,063 ADT CR 41A C3 Primary Collector Proposed 75' ROW 50' Paved Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "FR" Farm Rural District to the "RS -15" Single -Family 15 District on Tract 1 to allow construction of single-family dwellings on lots with a minimum size of 15,000 square feet and to the "CN -1" Neighborhood Commercial District on Tract 2 to allow neighborhood commercial type businesses. The applicant plans to develop half -acre (21,780 square feet) single-family lots because public wastewater lines are not available in the area and half -acre lots are required for septic systems. The applicant is requesting the "RS -15" District because he cannot meet the minimum lot size of 22,000 square feet required by the "RS -22" District. Development Plan: The subject property located within the newly annexed portion of South Staples Street (FM 2444). The applicant/developer's rezoning area is part of a larger proposed development consisting of 78.76 acres. The developer is proposing to build 93 single-family lots on half -acre lots on a total of 70.33 acres, and neighborhood commercial uses on the remaining 8.43 acres. The majority of the development is outside City limits. The newly annexed area only extends 500 feet north of South Staples Street (FM 2444). For Tract 1, there is a total of 8.57 acres and the developer is proposing eight half -acre lots. For Tract 2, there is a total of 5.22 acres and the developer is proposing neighborhood commercial uses. K:\DevelopmentSvcs\SHARED\ZONING CASES \2015\0115-06 South Staples, LLC\Council Documents\0115-06 Report for CC - South Staples, LLC.docx Planning Commission Final Report Case # 0115-06 South Staples, LLC Existing Land Uses & Zoning: To the north, south, east and west of the subject property is zoned as "FR" Farm Rural and is currently vacant. To the east is a proposed single-family subdivision with half -acre lots called Sun George Village. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject properties are within the boundaries of the London ADP and the proposed rezoning is partially consistent with the adopted Future Land Use Plan, which slates the properties for low density residential use. Tract 1 is consistent with the Future Land Use Plan. Currently, there is low density residential development underway within 2,600 feet from the subject properties. Tract 2 is not consistent with the Future Land Use Plan. However, the Urban Transportation Plan map calls for a collector street (County Road 41A) to extend along the east side of the entire development. Therefore, the proposed commercial tract of land (Tract 2) will be located at the corner of a collector and arterial roadway, making the location suitable for neighborhood commercial uses. Additionally, the Future Land Use Plan calls for commercial nodes of development farther east of Tract 1 at the intersection of South Staples Street (FM 2444) and CR 41. Department Comments: • The rezoning to the "RS -15" District on Tract 1 is not consistent with the London ADP in that the property is not suited for the lots sizes allowed by the "RS -15" District because public wastewater is not available and the use of septic systems requires a minimum lot size of 21,780 square feet. However, a rezoning to the "RS-22/SP" Single -Family 22 District with a Special permit for lot sizes of 21,780 square feet (just under the "RS -22" District's required lot size of 22,000 square feet) would be consistent with Comprehensive Plan and London ADP. • The rezoning to the "CN -1" District on Tract 2 is not consistent with the Future Land Use Plan. However, the Future Land Use Plan indicates nodes of commercial development at major intersections. Therefore, the rezoning to "CN - 1" at this location is consistent with the Comprehensive Plan and London ADP. • The nearest existing commercial use is 2.5 miles from the subject property near the corner of Yorktown Boulevard and South Staples Street (FM 2444). • The rezonings are compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. • The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the rezonings (with the exception of the "RS -15" District). • The proposed rezonings would not have a negative impact on the surrounding neighborhood. Planning Commission Final Report Case # 0115-06 South Staples, LLC Planning Commission and Staff Recommendation: Tract 1: Denial of the rezoning from the "FR" Farm Rural District to "RS -15" Single - Family 15 District and, in lieu thereof, approval of the "RS-22/SP" Single -Family 22 District with a Special Permit subject to a site plan and the following conditions: Permitted Uses: The only use authorized by this Special Permit are those authorized by the "RS -22" Single -Family District and single-family detached dwellings on lots with a minimum size of 21,780 square feet. 2. Lot Width: The Property described as Tract 1 shall be developed in accordance with the setback/height/open space requirements of the "RS -22" District with the exception that Lots 2, 3, 58 and 59 are permitted to have a minimum lot width of 60 feet measured at the front yard setback and Lots 1 and 60 are permitted to have a minimum lot width of 90 feet measured at the front yard setback. 3. Time Limit: This Special Permit shall be deemed to have expired within 24 months of this ordinance unless a complete public improvement construction permit application has been submitted. Tract 2: Approval of the rezoning from the "FR" Farm Rural District to "CN -1" Neighborhood Commercial District. Notification Number of Notices Mailed — 4 within 200 -foot notification area; 3 outside notification area As of February 16, 2015: In Favor In Opposition For 0.00% in opposition. — 1 inside notification area; 0 outside notification area — 0 inside notification area; 0 outside notification area Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan (Preliminary Plat) K:\DevelopmentSvcs\SHARED\ZONING CASES \2015\0115-06 South Staples, LLC\Council Documents\0115-06 Report for CC - South Staples, LLC.docx 2 4 3 FM 2444 0 1 400 800 Feet Q a U Date Created: 1/19/2015 Prepared By: jeremym Department of Development Services CASE: 0115-06 Zoning & Notice Area RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition SUBJECT PROPERTY FM -2444 N s E LOCATION MAP 1 City of Corpus Christi Exhibit A 6106100 1010 6026 910610Z)00 w maV Ae NNS .091 IJAmnS0.1031-0, AS MAYO 1003 9NIa33NION31i11WSIVN8>INI60690900 l.MA uo666ux)090) 0008 OlS 49£) 0066-04 04 UK) 9 n3AV9VWVH1 A 3090303'd LIS SINIa6a3aNn 04490 o on- WO94 0 :N9N3 JS VIA • 0.96E001-3 SSARL ■ LINS-39d81 • SSE9 3de1• ESSE[-9 3981 IEHZ-224 wowHd SS[i-165(906) Hd ZZEbSOt(A1S)0066-4I9(i9E)'W SAM,. SNIA4990,129 DADS,. NA'3512APAIHOE4 DOCEi •SASFA :rift. aA'USi#u:F.HRHHES 3AV 23MOd MS. 1,019NIHSVAA 3 DOD OLE 3105 Da 0009 WO!19X11109 IDSD ONIAIMIASNTLN3WNOMNN39NI1133NI8N3M311I111312HOMV DuI'6uLaaeui6u31.1piLUsIeN SVX31'AINAOO S3O3fN OOVN3A 130 O9V- d0ltlld 1YNIo 6- 2 U 0 U 0 8 8 8 8 8 8 8 8 8 8 8 8 8 8 $, e U U U 8 8 8 8 8 8 8 8 8'8 8 8 8 8 8 8 8 8 8 8 8 3 8 8 8 8 8 8 8 8 U 8 8 8 8 3 8 8 5 8 8 8 8 8 R 8 8 8 81 8 0 0 ze 960,06.00 1080.06 11 3000± 06.91 06,66 ,ON 3,1.0_89889 - - U U 888 8 8 3 8 8 n 8 8 2 E 8 8 8 8 8 8 68 91 008 "E 10/18014/ NO 80601-10 S✓ 310 681 1%19103738067 38110 OE 0891 '80I103S 80/!0 53806 9196 1W660000000 000 ±86860001003W807383 ' 8 08110681NO0 302,1038 NOS 9/9/0 1 S /7811 N-Wl S3ANl 1098806,08006 00'091 0 - - -- 3.9±09.66,0S- 911.0 -30,5±0'960 -------09'0{1--- - -06900- 06'809 2' �r� ILL' l___ N � ,,,T5-30 30.51 Vii" 30 .50? 3 30.51 �1 30.91 i�J N :21 IFI LL LL ' , .F 1 N m a` 182mo NN N 11 30.0 96800 00.5 30.90 - L --"09'000"_---I 5, 06.66,0 020 220 GA 3.91'06,66 e0S �l0 St 96,00 =' ZO--00±9- 06804 •1 ,61, ,00 (Dawn, 730 02V1 ,.9106,66.0 EE'0 _6,9P----�"ds. 30.94 66'e01 — ao HA zL 210094—__ 3051 - 1-ZO'BEL aO eZ �F Z 8 800'06./6.00 19' 1 LL Jo __ 69'9 3.2406. C. 200 9E_ __ _U 1050 00' 16" 34,6 , ,0S a ,91 1 OOVN3/ 13.9.829Y1 66,0S 30 .90 .0 �A:szL-7-- N 00 U 1.020 9 "ON / 0' 0 ±0'90.60,0 40'0 ,I 99'6 3094 b 900 N Ga ,OS G3 OCVN3A 36 0081 10 5,00'09,19 .0S Z4'46 - 3y1. 00 30.01 69'9 311,9_09'60E ZS rZ M. '96.16,00 SO 60 ^E N i y N 8 3091_ 06'00t- h (0 19 L01. 8 311.9- 691,00 -_ _ _ _ _ -06'900 _ 06'60 06 N 30 S0' 06804 941ZZ. 30,9 _ _ _ _69'9 8 8 8 8 8 20 WEST 1/2 OF THE NW 1/4 OF SECTION 30 rtNr LAURELES FARM TRACTS AS SHOWN ON MAP VOL 3, PAGE 15 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of March 10, 2015 Second Reading for the City Council Meeting of March 24, 2015 DATE: February 16, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Closing a portion of a utility easement out of a part of Lot 32A, Block 16, Rancho Vista Subdivision Unit 8 CAPTION: Ordinance abandoning and vacating a 925 -square foot portion of an existing 10 -foot wide utility easement out of a part of Lot 32A, Block 16, Rancho Vista Subdivision Unit 8, located east of and at the dead-end of the Lands End Drive public street right-of-way; and requiring the owner, Yorktown Oso Joint Venture, to comply with the specified conditions. PURPOSE: The purpose of this item is to eliminate a utility easement and allow for the future development of the Rancho Vista Unit 12 Subdivision. BACKGROUND AND FINDINGS: Yorktown Oso Joint Venture (Owner) is requesting the abandonment and vacation of a 925 - square foot portion of an existing 10 -foot wide utility easement out of a part of Lot 32A, Block 16, Rancho Vista Subdivision Unit 8, located east of and at the dead-end of the Lands End Drive public street right-of-way. The abandonment and vacation of the utility easement is being requested by the Owner in conjunction with the future development of the Rancho Vista Unit 12 Subdivision. Staff recommends that payment of fair market value be waived in accordance with City Code of Ordinance Section 49-13. The Owner will be replatting said property and upon replatting will be dedicating a utility easement to off -set the requested abandonment. The owner has been advised of and concurs with the specified conditions of the Ordinance in regards to the easement dedication and the recording and filing of the ordinance. The Owner must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the utility easement closure. This will, however, adversely impact the Owner's ability to move forward with future development of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances, Section 49-12 and 49-13. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities, or objections regarding the proposed utility easement abandonment. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the easement closure. The Owners must comply with all the following specified conditions of the easement closure ordinance: a. Owner must dedicate new utility easements of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12, within 180 days of Council approval so that the requirement of paying fair market value for the property can be waived. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Prior to the approval of the building permit and the permitting of any construction on the affected property, the Owners must submit up-to-date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. d. Owners must comply with all specified conditions of the ordinance within 180 days of City Council approval. e. Failure to comply with all the conditions outlined in this Ordinance within the specified time frame will hereby make the Ordinance null and void. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Ordinance abandoning and vacating a 925 -square foot portion of an existing 10 -foot wide utility easement out of a part of Lot 32A, Block 16, Rancho Vista Subdivision Unit 8, located east of and at the dead- end of the Lands End Drive public street right-of-way; and requiring the owner, Yorktown Oso Joint Venture, to comply with the specified conditions. WHEREAS, Yorktown Oso Joint Venture (Owner) is requesting the abandonment and vacation of a 925 -square foot portion of an existing 10 -foot wide utility easement out of a part of Lot 32A, Block 16, Rancho Vista Subdivision Unit 8; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 925 -square foot portion of an existing 10 -foot wide utility easement, subject to compliance by the Owners with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Yorktown Oso Joint Venture ("Owner"), a 925 -square foot portion of an existing 10 -foot wide utility easement out of a part of Lot 32A, Block 16, Rancho Vista Subdivision Unit 8, located east of and at the dead-end of the Lands End Drive public street right-of-way, as recorded in Volume 68, Pages 17-18, of the Official Deed and Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description of the subject portion, and Exhibit "B," which is a field notes map, are attached to and incorporated in this ordinance by reference as if each were fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Owner must dedicate new utility easements of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12, within 180 days of Council approval so that the requirement of paying fair market value for the property can be waived. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Prior to the approval of the building permit and the permitting of any construction on the affected property, the Owners must submit up-to-date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. d. Owners must comply with all specified conditions of the ordinance within 180 days of City Council approval. e. Failure to comply with all the conditions outlined in this Ordinance within the specified time frame will hereby make the Ordinance null and void. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Brian Rosas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Brian Rosas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor ill RBAN ENGINEERING Exhibit A 0.021 Acres STATE OF TEXAS COUNTY OF NUECES Job No. 39319.B4.07 January 10th, 2015 Fieldnotes, for a 0.021 Acre Tract, 10.00 foot wide utility easement closure (not based on an on -the -ground survey), more or Tess, out of Lot 32A, Block 16, Rancho Vista Unit 8, a map of which is recorded in Volume 68, Pages 17-18, Map Records of Nueces County, Texas; said 0.021 Acre Tract being more fully described by metes and bounds as follows: Commencing, at a 5/8 inch iron rod, with red plastic cap stamped "URBAN ENGR C.C. TX" found, on the South Right -of - Way of Lands End Drive, a public roadway, the West corner of the said Lot 32A; Thence, South 61°17'28" East, with the Southwest line of the said Lot 32A, 10.00 feet, to the Point of Beginning and the West corner of this tract; Thence, North 28°42'32" East, 10.00 feet, for the North corner of this tract; Thence, South 61°1728" East, 92.50 feet, for the East corner of this tract; Thence, South 28°42'32" West, 10.00 feet, to the Southwest line of the said Lot 32A and for the South corner of this tract; Thence, North 61°17'28" West, with the Southwest line of the said Lot 32A, 92.50 feet, to the Point of Beginning, containing 0.021 acres (925 Square Feet) of land, more or less. Bearings are based on GPS, NAD83, State Plane Coordinates, Texas South Zone 4205. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. This description was prepared from fieldwork performed in June of 2013 and does not represent a current on the ground survey. Also reference accompanying sketch of tract described herein. S:\Surveying\39319\B407\OFFICE\METES AND BOUNDS\FN_0.021 Acres.doc Page 1 of 1 (361)854-3101 URBAN ENGINEERI G 144 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng,com TBPE Firm #145 TBPLS Firm #10032400 Dan L. Urban, R.P.L.S. License No. 4710 FAX (361)854-6001 Corpus Christi, Texas Calale ANy_ee \ 51 0, St De Genal/ 0 Yorktown Boulevard O 0 Location Map N.T.S. Lot 30 Block 16 Rancho Vista Unit 8 Vol. 68, Pgs. 17-18, Map Records of Nueces County, Texas Lot 31 / / / / / / / / / / / / Lot 61 Point of Commencement 7 7 Point of Beginning/ 1C-/0 Legend: • Fd. 5/8" I.R. with red plastic cap stamped "URBAN ENGR. C.C. TX" Vff °j'a (Df R6'cor li°/ ,�c/3/ • S S.O. ds 9, ro/ ec f o p9s F°r 00 4(eces1/ 43 °aS CoGn� °X) (let) Tr t8l, °cls LINE BEARING DISTANCE L1 S61'17'28`E 10.00' L2 N28'42'32 -E 10.00' L3 S28'42'32'W 10.00' 45 30 15 30 Lot 59 Lot 59 400,46;3! aO2e \bye loft Exhibit B Sketch to Accompany 60 FIELDNOTES for 0.021 Acres, 10.00 foot wide utility easement closure (not based on an on—the—ground survey), more or less, out of Lot 32A, Block 16, Rancho Vista Unit 8, a map of which is recorded in Volume 68, Pages 17-18, Map Records of Nueces County, Texas. =30 gO • URBAN ENGINEERING 1BPE rr+w 140. 145. MKS 111111 1,10. 10032400 1715 SWANTfER 00. CORPUS *en. TX 70404 MINE 301.0.14.3101 Wit 1A1lAtCM C011 DATE Dec. 10, 2014 SCALE 1'-30' JOB NO.: 39319.84.07 SHEET: 1 of 1 DRAWN BY: RLG urbansurveylCurbaneng.com 02015 by Urban En ineerin AGENDA MEMORANDUM First Reading for the City Council Meeting of March 10, 2015 Second Reading for the City Council Meeting of March 24, 2015 DATE: February 12, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jerry Shoemaker, P. E., Acting Director of Capital Programs jerrys2@cctexas.com (361) 826-3516 CAPTION: Lawrence Mikolajczyk, Director of Solid Waste Operations lawm@cctexas.com (361) 826-1972 Capital Programs Contract Cefe Valenzuela Landfill Disposal Sector 1B and 1C Re -Bid Ordinance amending the FY 2015 Capital Improvement Program Budget adopted by Ordinance No. 030303 by transferring $580,749.23 from Sanitary Landfill 2006 CIP Fund 3362 project reserves to Project E13035 Cefe Valenzuela Landfill Disposal Sector 1B and 10; transferring 74,250.77 from Sanitary Landfill 2008 CIP Fund 3365 project reserves to Project E13035 Cefe Valenzuela Landfill Disposal Sector 1B and 10; increasing the budget by $655,000; and authorizing the City Manager, or designee, to execute a construction contract with LD Kemp Excavating, Inc. of Fort Worth, Texas in the amount of $3,425,921.00 for the Cefe Valenzuela Landfill Disposal Sector 1B and 10 Re -Bid for the total Base Bid plus Additive Alternate 1. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract with the lowest responsive bidder, LD Kemp Excavating, for the Cefe Valenzuela Landfill Disposal Sector 1B and 10 Re - Bid Project. BACKGROUND AND FINDINGS: Cefe Valenzuela Landfill has limited capacity remaining in the lined areas and capacity exhaustion is anticipated April 2016. Emergency events could accelerate the date. It is recommended that construction commence immediately. Cefe Valenzuela Landfill has limited remaining capacity that is anticipated to be exhausted by April 2016, or sooner if major storm and/or emergency events occur. Therefore, immediate construction is recommended with completion ninety (90) days prior to permitted capacity of Disposal Cell 1A is reached. This project provides for two new cells; Cell 1B (12.5 acres) and Cell 10 (7 acres). The new cells will provide capacity for another 2.5 to 3 years. The proposed cells are in full compliance with the Texas Commission on Environmental Quality (TCEQ) and require no permit modifications. The contract includes obtaining field construction approval by TCEQ. Initial bids were opened on December 10, 2014. Due to irregularities with the new electronic bid process, all bids were rejected and the project was re -advertised with a re -bid on January 7, 2015. On January 7, 2015, the City received proposals from four (4) bidders and the bids are as follows: Contractor Base Bid Additive Alternate 1 Total L. D. Kemp Excavating, Inc. Fort Worth, Texas $2,493,632.00 $932,289.00 $3,425,921.00 Longhorn Excavators, Inc. Rosenberg, Texas $2,898,269.50 $852,406.80 $3,750,676.30 FCS Construction, LLC. Frisco, Texas $2,694,953.00 $911,569.00 $3,606,522.00 Salinas Construction Technologies, Ltd. Pleasanton, Texas $5,647,371.69 $1,041,844.97 $6,689,216.66 ALTERNATIVES: 1. Authorize execution of the construction contract. 2. Do not authorize execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: The City's engineer, C P & Y, Inc. conducted a bid analysis of the four (4) proposals submitted in response to the City's bid solicitation. C P & Y, Inc. found that LD Kemp Excavating has the experience and resources to complete the project. CONFORMITY TO CITY POLICY: Complies with statutes regarding construction procurement criteria. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: Capital Improvement Program Budget Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $630,200.00 $3,327,500.00 $3,957,700.00 Ordinance 655,000.00 655,000.00 Total Available Funds $630,200.00 $3,982,500.00 $4,612,700.00 Encumbered / Expended Amount 630,200.00 $0.00 630,200.00 This item 0.00 3,425,921.00 3,425,921.00 Future Anticipated Expenditures This Project 0.00 540,232.10 540,232.10 BALANCE $0.00 $16,346.90 $16,346.90 Fund(s): PH&S 12 RECOMMENDATION: City staff recommends that the construction contract be awarded to LD Kemp Excavating of Fort Worth, Texas in the amount of $3,425,921.00 for the Cefe Valenzuela Landfill Disposal Sector 1B and 10 Re - Bid Project. LIST OF SUPPORTING DOCUMENTS: Project Budget Ordinance Location Map Presentation Page 1 of 2 Ordinance amending the FY 2015 Capital Improvement Program Budget adopted by Ordinance No. 030303 by transferring $580,749.23 from Sanitary Landfill 2006 CIP Fund 3362 project reserves to Project E13035 Cefe Valenzuela Landfill Disposal Sector 1B and 1C; transferring $74,250.77 from Sanitary Landfill 2008 CIP Fund 3365 project reserves to Project E13035 Cefe Valenzuela Landfill Disposal Sector 1B and 1C; increasing the budget by $655,000; and authorizing the City Manager, or designee, to execute a construction contract with LD Kemp Excavating, Inc. of Fort Worth, Texas in the amount of $3,425,921.00 for the Cefe Valenzuela Landfill Disposal Sector 1B and 1C Re -Bid for the total Base Bid plus Additive Alternate 1. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 is changed to add $580,749.23 from Fund 3362 Sanitary Landfill 2006 CIP Fund to the Cefe Valenzuela Landfill Disposal Sector 1B and 10 project. SECTION 2. The FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 is changed to add $74,250.77 from Fund 3365 Sanitary Landfill 2008 CIP Fund to the Cefe Valenzuela Landfill Disposal Sector 1B and 10 project. SECTION 3. The FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 is changed to increase expenditures in the amount of $655,000 for the Cefe Valenzuela Landfill Disposal Sector 1B and 10 project. SECTION 4. The City Manager or designee is authorized to execute a construction contract with LD Kemp Excavating, Inc. in the amount of $3,425,921.00 for the Cefe Valenzuela Landfill Disposal Sector 1B and 10 Re -Bid plus Additive Alternate 1. ATTEST THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following votes: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of ATTEST THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor PROJECT BUDGET Cefe Valenzuela Landfill Disposal Sector 1B and 10 Re -Bid February 24, 2015 FUNDS AVAILABLE: Solid Waste Capital Improvement Budget $3,957,700.00 Solid Waste Ordinance 655,000.00 TOTAL $4,612,700.00 FUNDS REQUIRED: Construction: Construction (LD Kemp Excavating, Inc.) (Base Bid and Add. Alt. # 1) $3,425,921.00 Contingency (10%) 342,592.10 Construction Inspection Services (In House) 92,275.00 Design Fees: Engineer (CP&Y) 304,884.00 Geotechnical Quality Assurance and Ballast Evaluation Report (Under CPY Contract) 318,681.00 Construction Materials Testing 7,000.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 45,000.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services) 57,000.00 Misc. (Printing, Advertising, etc.) 3,000.00 TOTAL $4,596,353.10 ESTIMATED PROJECT BUDGET BALANCE $16,346.90 PROJECT LOCATION CEFE VALENZUELA LANDFILL DISPOSAL SECTOR 1B AND 10 RE -BID but rets F..rSr Project #: E13035 LOCATION MAP NOT TO SCALE W N s E CEFE VALENZUELA LANDFILL DISPOSAL SECTOR 1B AND 1C RE -BID CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS !'! PAGE 1OF1 Corpus C‘500 ti Capital Programs Cefe Valenzuela Landfill Disposal Sector 1B and 1C Re -Bid Council Presentation March 10, 2015 Project Scope Carpus Chr sti Capital Programs PROJECT LOCATION CEFE VALENZUELA LANDF1 LL DISPOSAL SECTOR 1B AND 1 C RE -BI D Project #: E13035 LQCATION MAP NOT TO SCALE Base Bid includes: • Construction of liner and leachate collection systems of Sectors 1B and 1C. • Construction of cast -in-place concrete stilling basin, drop inlets, rcp drain and cleanout structures. Project Schedule Carpus Chr sti Capital Programs 2014 2015 Apr May Jun Jul Aug Sep Design Oct Nov Dec Jan Feb Mar Bid Apr May Jun Jul Aug Sep Oct Nov Dec Construction Project Estimate: 270 Calendar Days zi 9 Months Project Budget Corpus Chr sti Capital Programs FUNDS AVAILABLE: Solid Waste Capital Improvement Budget Solid Waste Ordinance TOTAL FUNDS REQUIRED: Construction: Construction (LD Kemp Excavating, Inc.) (Base Bid and Add. Alt. #1) Contingency (10%) $3,957,700.00 655,000.00 $4,612,700.00 $3,425,921.00 342,592.10 Construction Inspection Services (In House) 92,275.00 Design Fees: Engineer (CP&Y) Geotechnical Quality Assurance and Ballast Evaluation Report (CPY Contract) 304,884.00 318,681.00 Construction Materials Testing 7,000.00 Reimbursements 105,000.00 TOTAL $4,596,353.10 ESTIMATED PROJECT BUDGET BALANCE $16,346.90 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of March 24, 2015 Second Reading for the City Council Meeting of March 10, 2015 DATE: March 3, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Rezoning from Multifamily to Resort Commercial For North Beach Holdings, LLC Property Address: 221 Hotel Place CAPTION: Case No. 0115-07 North Beach Holdings, LLC: A change of zoning from the "RM -AT" Multifamily AT District to the "CR -3" Resort Commercial District. The property to be rezoned is described as Lot 52A, Block III, Corpus Beach Hotel Addition, located along the south side of Hotel Place approximately 180 feet east of Surfside Boulevard and along the beach frontage. PURPOSE: To allow an Outdoor Recreation use, such as a Ferris wheel. RECOMMENDATION: Planning Commission and Staff Recommendation (February 25, 2015): Approval of the change of zoning rezoning from the "RM -AT" Multifamily AT District to the "CR -3" Resort Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RM - AT" Multifamily AT District to the "CR -3" Resort Commercial District to allow an Outdoor Recreation use, such as a Ferris wheel. The re -zoning is consistent with the Comprehensive Plan; and elements of the North Beach Area Development Plan and does conform to the current and adjacent uses of the properties to the west, which include a restaurant and motel. The re -zoning does not have a negative impact on the surrounding neighborhood because it conforms with the land uses to the west, north and south and is compatible with the character of the North Beach area. The reduced setbacks of the "CR -3" District are appropriate for the subject property and would not have an impact on the surrounding properties. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the North Beach Area Development Plan (ADP). The proposed rezoning to the "CR -3" Resort Commercial District is consistent with the North Beach ADP and the adopted Future Land Use Plan's designation of the property as tourist. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by North Beach Holdings, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 52A, Block III, Corpus Beach Hotel Addition, from the "RM -AT" Multifamily AT District to the "CR - 3" Resort Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of North Beach Holdings, LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 25, 2015, during a meeting of the Planning Commission, and on Tuesday, March 24, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by North Beach Holdings, LLC. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 52A, Block III, Corpus Beach Hotel Addition, located along Hotel Place approximately 180 feet east of Surfside Boulevard and along the beach frontage (the "Property"), from the "RM -AT" Multifamily AT District to the "CR - 3" Resort Commercial District (Zoning Map No. 044047), as shown in Exhibit "A". Exhibit "A", which is a map pertaining to the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 0115-07 Ordinance - North Beach Holdings, LLC Page 2 of 2 II Ire Ire CN-1� CR -1 RM -AT o ti 400 800 Feet SUBJECT PROPERTY Date Created: 2/2/2015 Prepared By: jeremym Department of Development Services 0115-07 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CI CBD FR BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Nueces Bay CHANNEL -E0 RD LOCATION MAP SUBJECT PROPERTY of Corpus Exhibit t'A" Aerial Overview Aerial PLANNING COMMISSION FINAL REPORT Case No. 0115-07 HTE No. 15-10000004 Planning Commission Hearing Date: February 25, 2015 Applicant & Legal Description Applicant/Owner: North Beach Holdings, LLC Legal Description/Location: Lot 52A, Block III, Corpus Beach Hotel Addition, located along Hotel Place approximately 180 feet east of Surfside Boulevard and along the beach frontage. Zoning Request From: "RM -AT" Multifamily AT District To: "CR -3" Resort Commercial District Area: 0.5865 acres Purpose of Request: To allow an Outdoor Recreation use, such as a Ferris wheel. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -AT" Multifamily AT Commercial Tourist North "RM -AT" Multifamily AT Vacant Tourist South "RM -AT" Multifamily AT Vacant Tourist East "RM -AT" Multifamily AT Park/Beach Park/Beach West "RM -AT" Multifamily AT Commercial Tourist ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the North Beach Area Development Plan and is planned for tourist uses. The proposed rezoning to the "CR -3" Resort Commercial District is consistent with the adopted Future Land Use Plan and the North Beach Area Development Plan. Map No.: 044047 Zoning Violations: Illegal Sign/June 2012. Closed out as compliant in August 2012. Staff Report Page 2 Transportation Transportation and Circulation: The subject property is located approximately 180 feet east of Surfside Boulevard, which is a "01" Minor Residential Collector with a maximum desirable number of Average Daily Trips (ADT) of 1,000 to 3,000. The property has approximately 300 feet of street frontage along Hotel Place, which is a local street, and 85 feet of frontage along the beach. Local streets have a maximum desirable ADT of 500. § • 1-p Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Hotel Place Local 50' ROW 28' paved 45' ROW 27' paved Not Available Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -AT" Multifamily AT (Apartment Tourist) District to the "CR -3" Resort Commercial District to allow the placement of a trailer mounted Ferris wheel in the vacant area of the parking lot. Based on the Use Categories of the Unified Development Code (UDC), a Ferris wheel is categorized as an Outdoor Recreation use, which is not allowed in the "RM -AT" Multifamily AT District. The "RM -AT" District only allows residential uses and hotel uses. Additionally, the rezoning to the "RM -AT" District would bring the existing Fajitaville restaurant into conformity with the UDC. It was permitted under the former Zoning Ordinance when restaurants were allowed in the "AT" Apartment Tourist District. Also, the "CR -3" Resort Commercial District allows reduced front yard setbacks to accommodate smaller lots sizes laid out in the original subdivision plat. Development Plan: The subject property is the location of the restaurant Fajitaville and its required parking lot. The applicant/owner intends to place a trailer -mounted Ferris wheel in a vacant area of the parking lot to be used as an outdoor recreational amusement ride. The applicant/owner also owns the hotel to the west of Fajitaville at the corner of Surfside Boulevard and Hotel Place. Any additional parking spaces required for the Ferris wheel or any of the restaurant's parking spaces burdened by the Ferris wheel would be made available on adjacent land to the south, which is also owned by the applicant. Existing Land Uses & Zoning: The subject property is occupied by the Fajitaville restaurant and its parking lot. North of the subject property is vacant land zoned "RM - AT" District. The applicant owns the property to the south and recently received a construction permit to build a parking lot on the site to support adjacent motel operations. West of the subject property are properties zoned "RM -AT" District, which are occupied by a motel also owned by the applicant. Corpus Christi Bay is to the east of the subject property. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Staff Report Page 3 Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the North Beach Area Development Plan (ADP). The proposed rezoning to the "CR -3" Resort Commercial District is consistent with the North Beach ADP and the adopted Future Land Use Plan's designation of the property as tourist. Additionally, the following are pertinent elements of the North Beach Area Development Plan and should be considered: Development Goals • Create a uniquely attractive atmosphere for small and large scale visitor destination attractions. • Design public spaces to create destinations with uniquely attractive public facilities. Target the southern half of North Beach as a location for "high impact" destinations with the north half of North Beach as a destination for "low impact" destinations. High impact destinations may have visual and noise impacts, such as a Ferris wheel, roller coaster, etc. Policy Statement 2: Promote and develop a host of community and tourist destinations for North Beach (formerly Corpus Christi Beach). Plat Status: The subject property is platted. Department Comments: • Utilities: The proposed use of a Ferris wheel and the existing development of a restaurant do meet the existing utility capacity infrastructure in this area. However, it should be noted that the type of high-density development allowed in a "CR -3" Resort Commercial District, such as a multi -story hotel, may require additional utility upgrades should there be changes to the future development plans of this site. Otherwise, the subject property is suited to be developed with uses allowed by the "CR -3" District. • The re -zoning is consistent with the Comprehensive Plan; and elements of the North Beach Area Development Plan as outlined in the previous section of this report. • The re -zoning does conform to the current and adjacent uses of the properties to the west, which include a restaurant and motel. • The re -zoning does not have a negative impact on the surrounding neighborhood because it conforms with the land uses to the west, north and south and is compatible with the character of the North Beach area. • The reduced setbacks of the "CR -3" District are appropriate for the subject property and would not have an impact on the surrounding properties. Planning Commission and Staff Recommendation: Approval of the change of zoning rezoning from the "RM -AT" Multifamily AT District to the "CR -3" Resort Commercial District. Staff Report Page 4 Public Notification Number of Notices Mailed — 13 within 200 -foot notification area 4 outside notification area As of March 13, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\0115-07 North Beach Holdings, LLC\PC Documents\0115-07 North Beach HoldingsLLC_Report for PC_Final.docx CR -1 i II RM -AT o ti 400 800 Feet SUBJECT PROPERTY Date Created: 2/2/2015 Prepared By: jeremym Department of Development Services 2013 Aerial Subject Property Nueces Bay CHANNEL -E0 RD LOCATION MAP SUBJECT PROPERTY Corpus AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of March 24, 2015 Second Reading for the City Council Meeting of March 31, 2015 DATE: February 26, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Rezoning from Neighborhood Commercial to General Commercial For David A. Montero Fonseca Property Address: 4655 Kostoryz Road CAPTION: Case No. 0115-08 David A. Montero Fonseca: A change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Plan. The property is described as Block B, Sunnybrook Addition, located at the northwest corner of Kostoryz Road and Sunnybrook Road. PURPOSE: The purpose of this item is to rezone property to allow a general commercial use such as a vehicle sales business. RECOMMENDATION: Planning Commission and Staff Recommendation (February 25, 2015): Approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "CN - 1" Neighborhood Commercial District to the "CG -2" General Commercial District, for the purpose of a vehicle sales business. The proposed rezoning is compatible with the surrounding developments, and would not have a negative impact on surrounding properties. The subject property is suited for the proposed project. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The Comprehensive Plan and the Southeast Area Development Plan (ADP) slate the subject properties for Commercial uses. The proposed change of zoning to the "CG -2" General Commercial District is consistent with the adopted Future Land Use Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by David A. Montero Fonseca ("Owner"), by changing the UDC Zoning Map in reference to Block B, Sunnybrook Addition, 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 and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of David A. Montero Fonseca ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 25, 2015, during a meeting of the Planning Commission, and on Tuesday, March 24, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by David A. Montero Fonseca ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Block B, Sunnybrook Addition, located at the northwest corner of Kostoryz Road and Sunnybrook Road (the "Property"), from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District (Zoning Map No. 046038), as shown in Exhibit "A". Exhibit A, which is a map of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 0115-08 Ordinance — David A. Montero Fonseca Page 2 of 3 CASE: 0115-08 SUBJECT PROPERTY WITH ZONING 0 Sod,6C Piverty tWRnrlly= 1 alutlraaal/ 2 nll Molly a arceoparral prKr SMllfrrtly Al YCId16o•hoQd Csnmrr.W ,I.lpewneaae tmem.rcw it WI COivnena al dt W ea Onsets re al 3rwal :arrlrn iI brit. ral Conncnlat nmra!re Cavrewhl ]ewrn'IDAn CamnwcYl VP mut Cann.rr: t1 Porr Rural Nrtork ()witty Gull+an Rain L WOE ndu6ldtl I lrNYt4 Pi;n chnrod UP II 2km Dm IN, Ye f7 inga-i.nI rIn iv 1 rrey* r..a opa *t -t 0 amp Farnly4.6 T' -W teas-#nney 7e if Anrlaixnly tS FE Rrr:Ntnitll Froth tax 1• A.rahauu SP axClal Mrrn IIV haer7RtlLnal MS All P rg R►.t Rim ON a.c Nana Exhibit A 0115-08 Ordinance — David A. Montero Fonseca Page 3 of 3 Aerial Overview Aerial PLANNING COMMISSION FINAL REPORT Case No. 0115-08 HTE No. 15-10000005 Planning Commission Hearing Date: February 25, 2015 Applicant & Legal Description Applicant/Owner: David A. Montero Fonseca Legal Description/Location: Block B, Sunnybrook Addition, located at the northwest corner of Kostoryz Road and Sunnybrook Road. Zoning Request From: "CN -1" Neighborhood Commercial District To: "CG -2" General Commercial District Area: 0.358 acres Purpose of Request: To allow a vehicle sales lot. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "CN -1" Neighborhood Commercial Commercial Commercial North "CN -1" Neighborhood Commercial Public/Semi-Public Public/Semi-Public South "CN -1" Neighborhood Commercial Commercial Commercial East "CN -1" Neighborhood Commercial Commercial Commercial West "ON" Neighborhood Office Public/Semi-Public Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southeast Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CG -2" General Commercial District remains consistent with the adopted Future Land Use Plan. Map No.: 046038 Zoning Violations: a 2010 care of premises code enforcement violation. Case number 10-15591. Transportation Transportation and Circulation: The subject property has approximately 125 feet of street frontage along Kostoryz Road, which is an "A-1" Arterial, and approximately 125 feet of street frontage along Sunnybrook Road, which is a local residential street. Planning Commission Report: 0115-08 David A. Montero Fonseca Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) Kz Road ry "A1" Arterial N/A 95' ROW 64' paved 20,339 ADT Sunnybrook Road Local Residential N/A 50' ROW 28' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District to allow the use of the property to be a vehicle sales lot. Development Plan: The applicant proposes to establish a vehicle sales lot on the subject property. There is an existing building on the property that the owner plans to remodel and improve. No additional buildings are proposed for construction. Existing Land Uses & Zoning: The current use of the property is commercial though it is occupied by a vacant service station building. North of the subject property is a fire station zoned "CN -1" Neighborhood Commercial District. South and East of the subject property are commercial uses zoned "CN -1" Neighborhood Commercial District. West of the subject property is zoned "ON" Neighborhood Office District and is currently a multi- family complex. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The Comprehensive Plan and the Southeast Area Development Plan (ADP) slate the subject property for commercial uses. The proposed change of zoning of the 0.358 -acre property to the "CG -2" General Commercial District is consistent with the adopted Future Land Use Map, and meets the criteria of the Comprehensive Plan and ADP. Plat Status: The subject property is platted. Department Comments: • The rezoning is consistent with the Comprehensive Plan and the Southeast Area Development Plan. • The rezoning is compatible and maintains character with the adjacent uses to the north, south east, and west, which include residential and commercial uses. • The property to be rezoned is suited for vehicle sales and has been used as such in the past. • The rezoning does not have a negative impact on the surrounding neighborhood. Planning Commission Report: 0115-08 David A. Montero Fonseca Page 3 Planning Commission and Staff Recommendation: Approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District. Public Notification Number of Notices Mailed — 16 within 200 -foot notification area 6 outside notification area As of February 18, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan Planning Commission Report: 0115-08 David A. Montero Fonseca Page 4 CASE: 0115-08 Zoning & Notice Area RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial 01 Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H HIstorlt Overlay BP Business Park IL Light Industrial IH Heavy Industrial POD Planned Ont Dev_ Dverlay RS -10 Single -Family 10 R54 Single-family 5 R5-4.5 Single -Family 4.5 RS -TF Tvo-Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse 5P Special Permit 55 Recreational Vehicle Park RMH Manufactured Home I� 0:(1)7.20; 05)00!aropeny O owne.s I I th 200'bu!fer a 4 Owners within 200' 5x102 on �f' Ownars arlache2 ownership rabfe /� in opposrtran Planning Commission Report: 0115-08 David A. Montero Fonseca Page 5 Ak Information limon b for the we of the Bum, 'Ma Computy, and Lender In connection with this aivaedon only, and nay nabs rdlad upon for any other purpose. No Titans has been created. 'Depress ar implied, to copy the nwey, which Is odd after da months from this date. Copyrights September 2014. FOUND s'r STEEL ROD Ig SET PUNCH HOLE IN CONCRETE ■ BLOCK A N 28' 2V 30" E 125.00 410 s. IMktg CONCRETE WALK • • . • k • :r. P • , M�• •. .�' r. k• •.• ... 'rr ' • ••• l•• , • 1 Iaxla PORTABLE METAL BUILDING ON CONCRETE SLAB #ONESTOBCC •Lo Ul ILD NG I • 7.x 0.i• .r• C• ONCRETE ▪ «• •%.. •1 k'•• • I9.1' .. "•t T ••.' �r Y N�+ CONCREW N •„ ▪ •. •, •••.w•ti•• DRIVE. �•%, $! •'.� • • • • •, •' • - S • 440'•, ,•`• • :•; .' •-•-=r-�— •� Com'. •. CONCRETt. • -• • r. •• • *1• • • . D• NVE• +�• • �.: . t I• .'r•; at .1:• •• •..,••t -••i' ••r , 01 ,•.• •1'•, .• s 28' 28' 30' W 123.00' 4655 KOSTORYZ ROAD 80' RIGHT.O1.WAY FOUND Yr STETS. ROD DENOTES WIRE FENCE BLOCK A m .0 20' BUILDING UNE SET PUNCH HOLE IN CONCRETE AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of March 24, 2015 Second Reading for the City Council Meeting of March 31, 2015 DATE: March 3, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Rezoning from Multifamily to Townhouse For Oceanic B.C., LLC Property Address: 14101 Commodores Drive CAPTION: Case No. 0115-09 Oceanic B.C., LLC: A change of zoning from the "RM -AT" Multifamily AT District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay. The property to be rezoned is described as Lot 21, Block 34, Island Fairway Estates, located south of the intersection of Commodores Drive and Aquarius Street (formerly Estrada Drive). PURPOSE: To allow the construction of a 20 -unit townhouse development that deviates from the typical townhouse development standards. RECOMMENDATION: Planning Commission and Staff Recommendation (February 25, 2015): Approval of the change of zoning from the "RM -AT" Multifamily AT District to the "RS-TH/PUD" Townhouse with a Planned Unit Development Overlay, subject to ten conditions. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RM - AT" Multifamily AT District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay. The subject property is located within the boundaries of the Mustang -Padre Island ADP and the proposed rezoning is consistent with the adopted Future Land Use Plan, which slates the property for a medium density residential use. The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood and the property is suitable for uses permitted by the zoning district. ALTERNATIVES: 1. Deny the request. 2. Modify the PUD conditions OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Mustang -Padre Island ADP and the proposed rezoning is consistent with the adopted Future Land Use Plan, which slates the property for a medium density residential use. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC") upon application by Oceanic B.C., LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 21, Block 34, Island Fairway Estates, from the "RM -AT" Multifamily AT District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application by Oceanic B.C., LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 25, 2015, during a meeting of the Planning Commission, and on Tuesday, March 24, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Oceanic B.C., LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning of Lot 21, Block 34, Island Fairway Estates, located south of the intersection of Commodores Drive and Aquarius Street (formerly Estrada Drive) (the "Property), from the "RM -AT" Multifamily AT District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay (Zoning Map No. 029027) as shown in Exhibits "A", "B" and "C." Exhibit A, which is a location map pertaining to the Property, Exhibit B, which is a Master Site Plan, and Exhibit C, which is a plat of the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the following ten conditions: 1. Master Site Plan: The Owner shall develop the Property in accordance with the Master Site Plan as shown in Exhibit B. The development of the Property is to consist of 20 townhouse units and common area amenities and shall be constructed in one phase. The PUD on this property would allow for individually owned, daily rental townhomes. 2. Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 15.2 dwelling units per acre. 3. Building Height: The maximum height of any structure on the Property is 30 feet. 4. Parking: The property must have a minimum of 44 standard parking spaces. Parking is prohibited along the private street and pedestrian walkways. 5. Setbacks and Lot Width: Minimum setback along Commodores Drive shall be 10 feet. Minimum 10 -foot wide front yard setbacks shall be provided for each lot along the private street. Minimum rear yard setbacks for all lots shall be five feet. Minimum building separation between unattached townhouse units shall be 10 feet. Minimum five-foot wide side yard is required along private roadways. Minimum width for townhouse lots shall be 21 feet. 6. Open Space: The Property must maintain a minimum of 26% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7. Private Street Access: The property shall provide the lots with access to a two-way private street with a width of not less than 24 feet. The private streets shall be striped to indicate "Fire Lane/No Parking." 8. Pedestrian Access: A minimum five-foot wide sidewalk shall be constructed along one side of the private street and the Owner shall construct a pedestrian access path from the common parking lot to Lots 16 through 20. 9. Dumpster Screening: A minimum six-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster if placed in the street yard. 10.Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. 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 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. 0115-09 Ordinance, Oceanic B.C., LLC Page 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 0115-09 Ordinance, Oceanic B.C., LLC Page 3 of 3 RS -6 SUBJECT PROPERTY O co n RM -3 RM -A N N 0 400 CR -2 800 Feet Date Created: 2/11/2015 Prepared By: jeremym Department of Development Services CASE: 0115-09 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home SUBJECT PROPERTY LOCATION MAP ilk City of Corpus Christi Exhibit A Planned Unit Development for: AIL ONE PARTICULAR F-IARBOR Padre Island, Corpus Christi, Texas Willard Hammonds II [Owner] Naismith Engineering, Inc. 4501 Gollihar Road Corpus Christi, TX 78411 TBPE F-355 Engineer: Craig B. Thompson, P.E. Submitted By: South Texas Prime Design Group, Inc. 15217 S. Padre Island Drive Suite 201 Corpus Christi, TX 78418 Designer: Jon Hall JNaismithEngineering,Inc ARCHITECTURE_ ENGINEERING ENVIRONMENTAL■ SURVEYING Exhibit B Page 1 of 10 4501 Gollihar Road. Corpus Christi, TX 78411 ■ 800-677-2831 361-814-9900 Fax 361-814-4401 ■ naismith-engineering.com table of contents location map general info adjacent zoning property description deviations table development guidelines lot layout open space layout vehicular / pedestrian access preliminary plat 1 one particular harbor site plan 1 one particular harbor location map 2 3 3 4 5 5 6 7 8 9 10 naismith engineering, inc. • planned unit development: one XtitUtai-t rbor • jariviimmilleri- Page 2 of 10 general info adjacent zoning The Planned Unit Development (PUD) for One Particular Harbor consists of a Re -Plat of Lot 21, of Block 34, Island Fairway Estates, at the intersection of Commodores Dr. and Aquarius St. on Padre Island. This development will be non -gated with attached single-family units. Twenty units in One Particular Harbor will be Single Family Residential Units and there will be two Common Area lots, including one Private Access & Utility Easement lot. The property sits on 1.32 acres of vacant land and is currently zoned RM -AT. The Future Land Use plan designates this area as 'Medium Density Residential' as well. A PUD on this property allows for the development of individually owned, daily rental townhomes to service the growing tourist needs on Padre Island. These units, which would not otherwise be buildable under existing City requirements, will help satisfy the Future Land Use plan designation of 'Medium Density Residential' on Padre Island. Padre Island has multiple existing zoning designations. However, the properties directly adjacent to One Particular Harbor PUD are zoned as CR -2, RM -3 & RS -6. naismith engineering, inc. • planned unit development: one pPitUta�t rbor Page 3 of 10 property description One Particular Harbor is a 1.32 acre tract of land at the the intersection of Commodores Dr. and Aquarius St. Existing zoning on the property is RM -AT with a similar future land use designation of Medium Density Residential'. This portion of land is also located in Zone A13 EL 10 per the Flood Insurance Rate Map. This Planned Devlopment fits within the existing characteristics of the surrounding properties and will fit with the culture of Padre Island. naismith engineering, inc. • planned unit development: one p.WtitUtj1-1l1-drbor • january 2015 Pag@ 4. of 1 fl 4 deviations table 1 one particular harbor development guidelines 1 one particular harbor Description Zong / Platting Ordinance Requirement (RS-TH) One Particular Harbor Min. Site Area (SF) 20,000 57,562 Min. Area per Dwelling Unit (SF) Front Access 2,600 1,760 Rear Access 2,200 n/a Shared Parking 1,600 1,434 Min. Dwelling Unit Width (FT) Front Access 26 21 Rear Access 22 n/a Shared Parking 16 21 Min. Yards (FT) Street Street (corner) 10 10 10 10 Side (single) Side (total) 0 0 0 0 Rear 5 5 Min. Building Separation (FT) 10 10 Min. Open Space 30 % 26% Max. Height (FT) 45 30 Curb Type 6" Curb & Gutter 1' Ribbon Curb: See Exhibit 6 - Page 8 Parking Requirement 2.2 / unit 2.2 / unit (44 total) Sidewalks 5' on Both Sides of Road 5' on One Side of Road naismith engineering, inc. • planned unit development: one particular harbor • january 2015 Residential Lots: Block 1, Lots 1-20 1. Lot Size: 2. Lot Width: 3. Front Yard Requirement: 4. Rear Yard Requirement: 5. Side Yard Requirement: 6. Maintenance: 7. Building Spacing: 8. Building Height: 9. Parking Requirement: 10. Usage: 11. Improvements: Minimum 1,434 sf Maximum 3,691 sf Minimum 21 Feet Maximum 61 Feet 10 feet Minimum 5 feet Minimum Zero Lot Line Lot owner and/or Home Owners Association (HOA) 10' Maximum - 2 Stories, 30' Roof Peak of Habitable space. 2.0 Per Lot + 4 Guest Spaces (44 Spaces Required) See Parking Plan on Page 8. Single Family Residential Structure, decks, porches, etc. shall not portrude beyond the Yard, Easement or Property Line (whichever is applicable). Rear Yard Patios to be constructed with Pervious Material. Common Area - Private Access and Utility Easement: Block 1, Lot 21 1. Maintenance: 2. Parking Requirement: 3. Usage: Home Owners Association (HOA) Parking allowed in Designated Areas only. Parking Spaces to be clearly marked. No Parking allowed on Padre Harbor Drive. Areas supporting the community: Vehicular Access Drive, Pedestrian Access, Walkways, etc. Common Area - Pool: Block 1, Lot 22 1. Lot Size: 2. Front Yard Requirement: 3. Rear Yard Requirement: 4. Side Yard Requirement: 5. Maintenance: 6. Building Spacing: 7. Building Height: 8. Building Note 1: 9. Building Note 2: 10. Parking Requirement: 11. Usage: 12. Improvements: 3,144 sf 10 feet Minimum 5 feet Minimum 5 feet Minimum Home Owners Association (HOA) 10' Maximum - 1 Stories Architectural style of non-residential community structures must match style of residential structures. Building separation of non-residential structures will be subject to the 2009 International Building Code and may require increased spacing or increased fire protection. No parking allowed in Common Area, Lot 22 Non -Residential Structures supporting the community. Structure shall not portrude beyond the Yard, Easement or Property Line (whichever is applicable). Evhihif R Pana 5 of 1f1 lot layout 1 one particular harbor note Landscaping and Irrigation will be provided in this subdivision. legend n Parking 1 See sheet 8 for Layout OPadre Harbor Drive OPool Access QPool Area (Lot 22) OStreet Yard 1 10' minimum along Aquarius QStreet Yard 1 10' minimum along Commodores QLandscape Area (approximate) Dumpster Pad EXPANSION OF AQUARIUS S7. (C<O�jStWLCTION-G • naismith engineering, inc. • planned unit development: one particular harbor • january 2015 Evhihif R Pana R of 1f1 0' open space layout 1 one particular harbor Open Space Calculation Total Open Space: Total Area: 14,955 sf 57,562 sf Total Open Space: 260/0 Note: Rear Yard Patios to be constructed with Pervious Materials 0?1 EXPANSION OF AQUARIUS ST. (OONSIFFLCTION-r.0M4‘"�� naismith engineering, inc. • planned unit development: one particular harbor • january 2015 Evhihif R Pana 7 of 1f1 IO vehicular / pedestrian access 1 one particular harbor parking requirements 1 one particular harbor Vehicular and Pedestrian access will be provided with one 24' back of curb to back of curb Two -Way Private Access Drive named 'Padre Harbor Drive'. One Particular Harbor Drive will provide direct access to single family lots 1-15, access to shared parking area for lots 16-20 and common area lot 22. There will not be a security gate for entrance to or exit from the property. Lots 1-15 will have either 3 or 4 covered (depending on layout), non -enclosed parking spaces. Lots 16-20 will utilize designated shared parking areas on Lot 21. Parking will be within designated parking areas for each unit including space for overflow parking. The Parking Layout is shown on the right. Pedestrian access will be within a designated 5' wide sidewalk adjacent to Padre Harbor Drive. typical ribbon curb 1 one particular harbor 3.000 PSI CONCRETE. ROADWA 4 REBAR AND DOWEL LOCATION. (TYPICAL) (SEE CURB EXPANSION JOINT DOWEL DETAIL BELOW) RIBBON CURB SLOPE WIDTH 1/2" BATTER (OPTIONAL) PP�EMEN typical cross section 1 one particular harbor IN I 1 Utility w. Easement/ Yard >1 Requirement Access&Utili y Easement al lin l Utility Easement/ Yard 1F, Requirement 1> 1 1 Parking 24' Private Drive Parking naismith engineering, inc. • planned unit development: one particular harbor • january 2015 24' BC - BC Private Access Drive (See Cross Section) Parking Layout Parking for units 1-10 & 12-15 will be provided with carports on the ground level of each unit (see above). The carport space will be clear -span (no columns) and 22'x28' in size. The 28' length combined with the 10' Building Line will provide 38 linear (28' + 10') feet of parking area which will allow for three parking spaces per unit. Exhibit B Parking Requirements *AII Units are Three -Bedroom Required Spaces: Three -Bedroom Guest Total: Provided Spaces: 2 / Unit 1 / 5 Units 44 Spaces 57 Spaces Pana R of 1 0 111111 \ f Parking for units 1-10 & 12-15 will be provided with carports on the ground level of each unit (see above). The carport space will be clear -span (no columns) and 22'x28' in size. The 28' length combined with the 10' Building Line will provide 38 linear (28' + 10') feet of parking area which will allow for three parking spaces per unit. Exhibit B Parking Requirements *AII Units are Three -Bedroom Required Spaces: Three -Bedroom Guest Total: Provided Spaces: 2 / Unit 1 / 5 Units 44 Spaces 57 Spaces Pana R of 1 0 preliminary plat 1 one particular harbor 1 TOTAL PLATTED AREA CONTAINS 132 ACRES OF LAND, INCLUDING PRIVATE STREET. 2. COMMON AREA =18,]9] SF 3. PER FLOOD INSURANCE RATE MAP, MAP INDEX COMMUNITY -PANEL NUMBER 485464 0405D, MAP REVISED SEPTEMBER 17, 1992, THE SUBJECT PROPERTY IS LOCATED IN ZONE A13 (EL 10), DEFINED AS AREAS BETWEEN LIMITS OF THE 100 -YEAR FLOOD AND 500 -YEAR FLOOD, OR CERTAIN AREAS SUBJECT TO 100 -YEAR FLOODING WITH AVERAGE DEPTHS LESS THAN ONE (1) FOOT OR WHERE THE CONTRIBUTING DRAINAGE AREA IS LESS THAN ONE SQUARE MILE OR AREAS PROTECTED BY LEVEES FROM THE BASE FLOOD THIS FLOOD STATEMENT SHALL NOT CREATE LIABILITY ON THE PART OF THE ENGINEER OR SURVEYOR. 4 ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE (NAD83). ELEVATIONS ARE BASED ON NGVD29. 5. THIS SURVEYOR CANNOT CERTIFY AS TO UN -RECORDED EASEMENTS AND/OR RIGHT-OF-WAY THAT MAY IMPACT THE SUBJECT PROPERTY AND ARE NOT VISIBLE AND APPARENT. CAUTION MUST BE TAKEN WITH PIPELINE MARKERS INDICATING BURIED LINES NOT ON RECORD. 6. BLOCK 1, LOT #21 - NON BUILDABLE LOT. PRIVATE STREET SHALL BE USED AS ACCESS AND UTILITY EASEMENT AND MAINTAINED BY HOME OWNERS ASSOCIATION. 7. BLOCK 1, LOTS #16-20 - VEHICULAR ACCESS NOT ALLOWED ONTO COMMODORES DRIVE. 8. BLOCK 1, LOTS#11, #16,- VEHICULAR ACCESS NOT ALLOWED ONTO AQUARIUS STREET. 9. ALL ROADS AND SANITARY SEWER LINES WILL BE PRIVATE AND ARE TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. THE CITY HAS NO OBLIGATION OR INTENTION TO EVER ACCEPT SUCH STREETS AS PUBLIC RIGHT-OF-WAY. 10. THE HOME OWNERS ASSOCIATION AGREES TO RELEASE,INDEMNIFY, DEFEND AND HOLD HARMLESS ANY GOVERNMENTAL. ENTITY FOR DAMAGE TO'. A. PRIVATE STREETS REASONABLY USED BY GOVERNMENT VEHICLES B. INJURES OR DAMAGES TO OTHER PERSONS, PROPERTIES OR VEHICLES CLAIMED AS A RESULT OF STREET DESIGN OR CONSTRUCTION 11. REPLACEMENT COSTS OF THE PRIVATE SIDEWALK AND OTHER AMENITIES WITHIN A PUBLIC UTILITY EASEMENT SHALL BE THE RESPONSIBILITY OF THE HOME OVVNER'S ASSOCIATION. 12 THE YARD REQUIREMENT, AS DEPICTED, ISA REQUIREMENT OF THE UNIFIED DEVELOPMENT CODE AND IS SUBJECT TO CHANGE AS THE ZONING MAY CHANGE. RECEIVING WATERS THE RECEIVING WATERS FOR THE STORMWATER RUNOFF FOR THIS PROJECT IS THE LAGUNA MADRE. THE T CEQ. HAS CLASSIFIED THE AQUATIC LIFE USE FOR THE LAGUNA MADRE AS "EXCEPTIONAL" AND "OYSTER WATERS". THE T CE Q. ALSO CATEGORIZED THE LAGUNA MADRE AS"CONTACT RECREATION". Curve Table Curve # Length Radius Chord Direction Chord Length C4 134.01 210.50 N69. 43'51.5 132.52 14.93 10.00 13.58 C9 110.00 505.86 109.78 10.67 10.00 10.17 C. 5.04 10.00 4.98 17.27 17, C66 53]`59'39'E 9.12 40.18 28.00 36.82 C. 23.05 10.00 N.. 15' 34.E 18.28 cst 2.15 28.00 2.15 45.63 28.00 40.75 C63 2].08 584.86 2].00 22.22 584.86 22.22 22.35 584.86 22.35 Co 22.52 584.86 22.52 4.75 584.86 4.75 49.22 574.86 49.21 22.20 5]4.86 N44.56'66'W 22.20 626 22.10 574.86 22.10 071 22.04 574.86 22.03 Curve Table Curve# Length Radius Chord Direction Chord Length C]2 27.14 5]4.86 951. 4]'33'1N 2].13 27.18 506.86 27.17 C]4 22.02 506.85 22.02 22.07 506.86 22.07 22.17 506.86 22.17 16.55 506.86 16.55 C78 14.93 10.00 385.03' 20.E 13.58 55.05 219.50 54.91 60.12 219.50 N73' 16 43''E 68.84 CB' 10.44 219.50 10.44 Line Table Line # Length Direction 47.72 20.00 L. 20.00 20.00 19.92 3.24 S87°19'56"1N PLAT OF ONE PARTICULAR HARBOR P.U.D. BEING A REPLAT OF LOT 21, BLOCK 34, ISLAND FAIRWAY ESTATES, A MAP OF WHICH IS RECORDED IN VOLUME 40, PAGES 183-184, M.R.N.C., TEXAS AND CONTAINING 1.32 ACRES OF LAND. COMMODORES DRIVE 120' R01&_ C]5 0 20 40 LEGEND • II,. eoo rono 0 eLoce svraeoL /.0 oC0 0E 444 css 20 %D2'0. Or - 28 2 O.. 10.x__ 22 00 �- 2 -- n ]�G. 10 �O2 m2 `, K22. 2200 22.00 2200 2200 2200 2200 2200 azea'I� 2x20' 2 2 naismith engineering, inc. • planned unit development: one particular harbor • january 2015 Fvhihi4_R site plan 1 one particular harbor ° Osc urv.vN.Ew.s '_- ---- L,1 VACAT VANO No_c ASSNoFAawAY :\ 14 oaEsARS1 T6AB7 TL66A OPEASCGK E3T NLLOUTM - 10 BUILDING LINE Eco-srvu-Esc-rv,v Ew+ � � .1; °, III \ VACATED BOUNDARY LINE .4 \.. Pr xNOFn © — — z AQUARIA S STREET — o �� 60' ROW o �� . w. a €' o ■JM TEXAS NV 18ow 153.48' ... 14 ^}H� . GF ,I.9^9� 9n © o 60,Po 00 - ,•W 0 ��� 0° 3 Saa 0 �� o Ftry maD n ��=5 a ao SOS �R ''9O�L�' ' h _ - ''''';,,'",,,°,°';'`'''t''''''', sem, 5H So - _ , ! O 0 tr • _ Ola C aF 1 le 5• Q SITE PLAN ONE PARTICULAR HARBOR P.U.D. CORPUS CHRISTI, NUECES COUNTY, TEXAS a of a u 'N °meq .. c4, TYPICAL PRIVATE STREET SECTION aNaU, E9SEMENTSECTON SCA E N TS C1200 SHEET 3 OF 9 naismith engineering, inc. • planned unit development: one particular harbor • january 2015 Evhihif R Pana 1f1 of 1f1 PLAT OF ONE PARTICULAR HARBOR P.U.D. BEING A REPLAT OF LOT 21, BLOCK 34, ISLAND FAIRWAY ESTATES, A MAP OF WHICH IS RECORDED IN VOLUME 40, PAGES 183-184, M.R.N.C., TEXAS AND CONTAINING 1.32 ACRES OF LAND. STATE OF TEXAS COUNTY OF NUECES does hereby certify that it is the owner of the lands embraced within the boundaries of the foregoing map; the easements shown hereon are hereby dedicated to the public for the installation, operation and maintenance of public utilities. This the day of , 2015. By: Willard H. Hammonds II, PRESIDENT STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me by proven to me to be the person whose signature is made on the foregoing instrument of writing, and he acknowledged to me that he executed the same for the purpose and considerations therein expressed and in the capacity stated. Given under my hand and seal of office, this the day of ,2015. Notary Public LOCNOT TATION MAP O SCALE STATE OF TEXAS COUNTY OF NUECES I, Stacey King Mora, Registered Professional Land Surveyor, hereby certify that this survey map was prepared from an actual on the ground survey made under my direction and supervision, and represents the facts found at the time of survey, and that this survey substantially complies with the current standards adopted by the Texas Board of Professional Land Surveying. Stacey King Mora Registered Professional Land Surveyor Texas Registration No. 6166 Naismith Engineering, Inc. Date: STATE OF TEXAS COUNTY OF NUECES This plat of ONE PARTICULAR HARBOR P.U.D., approved by the Department of Development Services of the City of Corpus Christi, Texas, this the day of , 2015. Ratna Pottumuthu, P.E., LEED AP Development Services Engineer STATE OF TEXAS COUNTY OF NUECES This plat of ONE PARTICULAR HARBOR P.U.D., approved by the Planning Commission on the behalf of the City of Corpus Christi, Texas, this the day of , 2015. Phillip Ramirez, AIA, LEED-AP Daniel M. Grimsbo, P.E., A.I.C.P. Chairman Secretary STATE OF TEXAS COUNTY OF NUECES I, Kara Sands, Clerk of the County Court in and for said Nueces County, Texas, hereby certify that the foregoing map of the plat of ONE PARTICULAR HARBOR P.U.D., dated the day of , 2015, with its certificate of authentication was fled for record in my office this the day of , 2015, at o'clock .M. and duly recorded in Volume , Page , Map Records of Nueces County, Texas. Witness my hand and seal of said office in Corpus Christi, Texas, this the day of , 2015. No. Kara Sands Filed for record County Clerk At o'clock . M. Nueces County, Texas ,2015. By: Deputy gE PLAT OF ONE PARTICULAR HARBOR P.U.D. SHEET 1 OF 2 Exhibit C Page 1 of 2 1. TOTAL PLATTED AREA CONTAINS 1.32 ACRES OF LAND, INCLUDING PRIVATE STREET. 2. COMMON AREA = 18,797 SF 3. PER FLOOD INSURANCE RATE MAP, MAP INDEX COMMUNITY -PANEL NUMBER 485464 0405D, MAP REVISED SEPTEMBER 17, 1992, THE SUBJECT PROPERTY IS LOCATED IN ZONE A13 (EL 10), DEFINED AS AREAS BETWEEN LIMITS OF THE 100 -YEAR FLOOD AND 500 -YEAR FLOOD; OR CERTAIN AREAS SUBJECT TO 100 -YEAR FLOODING WITH AVERAGE DEPTHS LESS THAN ONE (1) FOOT OR WHERE THE CONTRIBUTING DRAINAGE AREA IS LESS THAN ONE SQUARE MILE; OR AREAS PROTECTED BY LEVEES FROM THE BASE FLOOD. THIS FLOOD STATEMENT SHALL NOT CREATE LIABILITY ON THE PART OF THE ENGINEER OR SURVEYOR. 4. ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE (NAD83). ELEVATIONS ARE BASED ON NGVD29. 5. THIS SURVEYOR CANNOT CERTIFY AS TO UN -RECORDED EASEMENTS AND/OR RIGHT-OF-WAY THAT MAY IMPACT THE SUBJECT PROPERTY AND ARE NOT VISIBLE AND APPARENT. CAUTION MUST BE TAKEN WITH PIPELINE MARKERS INDICATING BURIED LINES NOT ON RECORD. 6. BLOCK 1, LOT #21 - NON BUILDABLE LOT: PRIVATE STREET SHALL BE USED AS ACCESS AND UTILITY EASEMENT AND MAINTAINED BY HOME OWNERS ASSOCIATION. 7. BLOCK 1, LOTS #16-20 - VEHICULAR ACCESS NOT ALLOWED ONTO COMMODORES DRIVE. 8. BLOCK 1, LOTS #11, #16, & #22 - VEHICULAR ACCESS NOT ALLOWED ONTO AQUARIUS STREET. 9. ALL ROADS AND SANITARY SEWER LINES WILL BE PRIVATE AND ARE TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. THE CITY HAS NO OBLIGATION OR INTENTION TO EVER ACCEPT SUCH STREETS AS PUBLIC RIGHT-OF-WAY. 10. THE HOME OWNERS ASSOCIATION AGREES TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS ANY GOVERNMENTAL ENTITY FOR DAMAGE TO: A. PRIVATE STREETS REASONABLY USED BY GOVERNMENT VEHICLES B. INJURES OR DAMAGES TO OTHER PERSONS, PROPERTIES OR VEHICLES CLAIMED AS A RESULT OF STREET DESIGN OR CONSTRUCTION 11. REPLACEMENT COSTS OF THE PRIVATE SIDEWALK AND OTHER AMENITIES WITHIN A PUBLIC UTILITY EASEMENT SHALL BE THE RESPONSIBILITY OF THE HOME OWNER'S ASSOCIATION. 12. THE YARD REQUIREMENT, AS DEPICTED, ISA REQUIREMENT OF THE UNIFIED DEVELOPMENT CODE AND IS SUBJECT TO CHANGE AS THE ZONING MAY CHANGE. RECEIVING WATERS THE RECEIVING WATERS FOR THE STORMWATER RUNOFF FOR THIS PROJECT IS THE LAGUNA MADRE. THE T.C.E.Q. HAS CLASSIFIED THE AQUATIC LIFE USE FOR THE LAGUNA MADRE AS "EXCEPTIONAL" AND "OYSTER WATERS". THE T.C.E.Q. ALSO CATEGORIZED THE LAGUNA MADRE AS "CONTACT RECREATION". Curve Table Curve # Length Radius Chord Direction Chord Length C1 134.61 219.50 N69' 43' 51"E 132.52 C2 14.93 10.00 S85° D3' 28"E 13.58 C3 110.00 506.86 S48° 29' 407E 109.78 C53 10.67 10.00 861° 51'56"E 10.17 C54 5.04 10.00 S16° 51'56"E 4.98 C55 17.27 39.74 S18° 56'56"9 17.14 C56 9.14 39.74 S37° 59'39"9 9.12 C57 40.18 28.00 03° 4D' 14"E 36.82 059 23.05 10.00 N21' 15' 34"E 18.28 C61 2.15 28.00 N46' 58' 59"W 2.15 C62 45.63 28.00 084° 07'47"24 40.75 C63 27.08 584.86 046" 59'28"E 27.08 764 22.22 584.86 844° 34'34"E 22.22 C65 22.35 584.86 S42°23'35"9 22.35 C66 22.52 584.86 040°11'42"E 22.52 C67 4.75 584.86 S38° 51'33"E 4.75 C68 49.22 574.86 N41' 22'32"W 49.21 C69 22.20 574.86 N44' 56'06"W 22.20 C70 22.10 574.86 847` 08' 33"W 22.10 C71 22.04 574.86 N49' 20' 31"W 22.03 Curve Table Curve # Length Radius Chord Direction Chord Length C72 27.14 574.66 951" 47'33"04 27.13 C73 27.18 506.86 053' 10'32"E 27.17 C74 22.02 506.86 850' 23' 43"E 22.02 C75 22.07 506.86 847'54'11"E 22.07 C76 22.17 506.86 S45' 24'08"E 22.17 C77 16.55 506.86 S43' 12'47'E 16.55 C78 14.93 10.00 S85' 03'28"E 13.58 C79 55.05 219.50 659° 20' 497E 54.91 C80 69.12 219.50 678" 16'43"E 68.84 081 10.44 219.50 6617 53' 41'E 10.44 Line Table Line # Length Direction LS 47.72 192° 42' 00"W L24 20.00 S45° 13' 00"65 L25 20.00 S45° 13' 00"65 L26 20.00 S45° 13' 00165 L27 19.92 5417 13' 0015 L28 3.24 S87" 19' 58"W \7050 PLAT OF ONE PARTICULAR HARBOR P.U.D. BEING A REPLAT OF LOT 21, BLOCK 34, ISLAND FAIRWAY ESTATES, A MAP OF WHICH IS RECORDED IN VOLUME 40, PAGES 183-184, M.R.N.C., TEXAS AND CONTAINING 1.32 ACRES OF LAND. Q. COMMODORES DRIVE 120' ROW ____________ 0 20 40 GRAPHIC SCALE IN FEET LEGEND • IRON ROD FOUND 0 BLOCKSVM BOL PROPERTY LINE UTILITY EASEMENT- U E. YARD REOUI REM ENT - V.R. DRAINAGE EASEM ENT- D.E. ROAD CENTERLINE - E ACCESS EASEM ENT -A.E. M . MAP RECORDS D.R. DEED RECORDS 25' 076 10 e 00 S44;4700"E C56 C54/5 , PADRE HARBOR DRIVE ' C55 059n� 2.47' C6 /COMMON AREA 3194 428 _. 22 00' 3040' 5,3 I o 1720 SO FT S45°73'00"W 22.00' 22.00' 22.00' 22.00' 10'Y.13N. 22.00' E. __ rIN3 �73 56.1' ' • W -Q LL q,.tQ , �o 0 0 22.00' 22.00' 22.00' 22.00' 22.00' 22.00' 22.00' 22.00' D PADREIsvND- ISL.Norire.,,i LOTH]. BLOCS 34 PL., A«oHos :UEC IMV%r TEXAS I 11, UPPER PAGIVE RTHEPS LP PAD, ISLAND - CORPUS GRIPISTI ISLAND FAIRWAY ES I K FES LOT R7C. BLOCK 34 VOLUME 67 PROFS 7,795 DEED RECOLPER'dIKEFE:GITG71,17Y.TE„AS El: PLAT OF ONE PARTICULAR HARBOR P.U.D. EHEET 2 OF 2 Exhibit C Page2of2 Aerial Overview Aerial L :`i'1irSL Site Plan PLANNING COMMISSION FINAL REPORT Case No.: 0115-09 HTE No. 14-30000002 Planning Commission Hearing Date: February 25, 2015 Applicant & Legal Description Applicant/Owner: Oceanic B.C., LLC Representative: Willard Hammonds II Legal Description/Location: Lot 21, Block 34, Island Fairway Estates, located south of the intersection of Commodores Drive and Aquarius Street (formerly Estrada Drive). Zoning Request From: "RM -AT" Multifamily Apartment Tourist District To: "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay Area: 1.32 acres Purpose of Request: To allow the construction of a 20 -unit townhouse development that deviates from the typical townhouse development standards. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -AT" Multifamily Apartment Tourist Vacant Medium Density Residential North "RS -6" Single -Family 6 Vacant and Public Semi- Public Low Density Residential/Park South "CR -2" Resort Commercial Commercial/ Schlitterbahn Commercial East "RM -3" Multifamily 3 Vacant and Condominiums Low Density Residential West "RS -6" Single -Family 6 Vacant Low Density Residential and Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Mustang -Padre Island Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay is consistent with the adopted Future Land Use Plan. Map No.: 029027 Zoning Violations: None Transportation Transportation and Circulation: The subject property is located south of the intersection of Commodores Drive and Aquarius Street (formerly Estrada Drive), both of which are "01" Minor Residential Collector streets. "01" Collectors have a maximum desirable number of Average Daily Trips (ADT) of 1,000 to 3,000. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Commodores"01" Drive Collector 60' ROW 40' paved 120' ROW 100' paved Not Available Aquarius Street "C1" Collector 60' ROW 40' paved 80' ROW 40' paved Not Available Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -AT" Multifamily Apartment Tourist District to the "RS-TH /PUD" Townhouse District with a Planned Unit Development (PUD) Overlay for the construction of a 20 -unit townhouse development. The layout of the townhouse develop departs slightly from standard subdivision requirements, therefore the applicant/owner is employing a PUD. Using a PUD would commit the developer to a site plan that could not be changed significantly without a public hearing. Development Plan: The proposed Planned Unit Development (PUD) will consist of 20 single-family townhouse units on a 1.32 -acre site resulting in a density of 15.2 dwelling units per acre. The lots will have a minimum area of 1,434 square feet and a minimum width of 21 feet. Lots 1-15 will have direct access to a private two-way street with a minimum width of 24 feet and a five-foot sidewalk along one side. The development will contain 57 parking spaces for residents and guests. Lots 16-20 will have shared parking access. Lots 1-15 will have 3 or 4 covered non -enclosed parking spaces and Lots 16-20 will utilize designated shared parking areas on Lot 21. Parking will be within designated parking areas for each unit including space for overflow parking. The development will maintain 26% open space. The development will provide for one common area, with amenities such as a swimming pool on Lot 22. The PUD on this property would allow for individually owned, daily rental townhomes. The property is not within the Island Overlay District or in the "No -vinyl" area. The following table is a comparison of the proposed PUD development standards and the Unified Development Code (UDC) standards for the "RS-TH" Townhouse District. The table states all necessary deviations from the UDC. Minimum Dimensions "RS-TH" District Standards Proposed PUD Deviation Site Area 20,000 SF 57,562 No Lot Area 2,600 SF 1,434 SF Yes Dwelling Unit Width 26 ft. 21 ft. Yes Front Yard 10 ft. 10 ft. No Side Yard 0 ft. 0 ft. No Rear Yard 5 ft. 5 ft. No Building Separation 10 ft. 10 ft. No Open Space 30% 26% Yes Maximum Height 45 ft. 30 ft. No Paved Street Width 28 ft. 24 ft. Yes Curb Type 6 -in. curb & gutter 1 -ft. ribbon curb Yes Parking Requirement 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) No Sidewalks 5 ft. on both sides or 6 ft. on both sides of private street 5 ft. on one side of private street Yes Existing Land Uses & Zoning: The subject property contains an undeveloped platted lot, however, the property is in the process of being replatted for the PUD. The subject property is zoned "RM -AT" Multifamily Apartment Tourist. North of the subject property is vacant land and existing Fire Station #15 is zoned "RS -6" Single -Family 6 District. South of the subject property is zoned "CR -2" Resort Commercial for Schlitterbahn Water Park. East of the subject property is vacant land zoned "RM -3" Multifamily 3 District. West of the subject property is vacant land zoned "RS -6" Single -Family 6 District and "CR -2" Resort Commercial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is located within the boundaries of the Mustang -Padre Island ADP and the proposed rezoning is consistent with the adopted Future Land Use Plan, which slates the property for a medium density residential use. The proposed rezoning is also consistent with the following polices of the Comprehensive Plan: • Planned Unit Development and other creative land planning techniques should be encouraged (Residential Policy Statement K). • Tourist -oriented business and development will continue to be encouraged and promoted by all agencies of the City as illustrated on the Future Land Use Map. This includes commercial ventures, condominiums and resorts, fishing and outdoor recreation facilities, and recreational vehicle parks (Policy Statement B.2). • The City will continue to protect residential neighborhoods from encroachment of non-residential uses unless the negative effects of the non-residential uses are eliminated or significantly mitigated (Policy Statement B.13). Plat Status: The subject property is currently platted and will be re -platted in accordance with the Master Site Plan. Department Comments: • The proposed rezoning is consistent with the Comprehensive Plan. • The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The subject property is suitable for the uses proposed by this rezoning. • This PUD utilizes decreased lot sizes, lot widths, open space, sidewalk width, and street width and non-traditional street construction standards, while maintaining the required site area, building height, and building separation. • The subject property consists of a single platted lot with infrastructure already in place. Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can encourage development on difficult sites. • The subject property is not located in a "Vinyl Not Allowed" area. • The master preliminary plat is consistent with all zoning requirements for the property. • The proposed provision and configuration of roads and utilities is adequate to serve the property. • The schedule of the development is feasible and assures that the proposed development will progress to completion within the time limits proposed. • The location, size, and sequence of the development proposed assures orderly and efficient development of the land subject to the plat. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RM -AT" Multifamily Apartment Tourist District to the "RS-TH/PUD" Townhouse with a Planned Unit Development Overlay, subject to the following ten conditions: 1. Master Site Plan: The Owners shall develop the Property in accordance with the Master Site Plan as shown in Exhibit B. The development of the Property is to consist of 20 townhouse units and common area amenities and shall be constructed in one phase. The PUD on this property would allow for individually owned, daily rental townhomes. 2. Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 15.2 dwelling units per acre. 3. Building Height: The maximum height of any structure on the Property is 30 feet. 4. Parking: The property must have a minimum of 44 standard parking spaces. Parking is prohibited along the private street and pedestrian walkways. 5. Setbacks and Lot Width: Minimum setback along Commodores Drive shall be 10 feet. Minimum 10 -foot wide front yard setbacks shall be provided for each lot along the private street. Minimum rear yard setbacks for all lots shall be five feet. Minimum building separation between unattached townhouse units shall be 10 feet. Minimum five-foot wide side yard is required along private roadways. Minimum width for townhouse lots shall be 21 feet. 6. Open Space: The Property must maintain a minimum of 26% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7. Private Street Access: The property shall provide the lots with access to a two-way private street with a width of not less than 24 feet. The private streets shall be striped to indicate "Fire Lane/No Parking." 8. Pedestrian Access: A minimum five-foot wide sidewalk shall be constructed along one side of the private street and the Owner shall construct a pedestrian access path from the common parking lot to Lots 16 through 20. 9. Dumpster Screening: A minimum six-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster if placed in the street yard. 10. Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. Public Notification Number of Notices Mailed — 65 within 200 -foot notification area 4 outside notification area As of March 13, 2015: In Favor — 00 inside notification area — 00 outside notification area In Opposition — 00 inside notification area — 00 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Exhibits: A. Location Map (With Existing Zoning & Notice Area) B. Master Site Plan 4� W z m SRM -3 RM -A 43 RS -6 SUBJECT PROPERTY 4 0111*1 0 400 C 2 800 Feet H rH Date Created: 2/11/2015 Prepared By: jeremym Department of Development Services CASE: 0115-09 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home SUBJECT PROPERTY LOCATION MAP WHITECAP City of Corpus Christi 110321 3.0 ON 3013,33 110,21 3.0 HMO 011330.11 93160 30 31 1130 13 0330.. .0 MI 0300330 3.001310 3 d'NOSdVOHI-9 01990 M3IA3 I WIN31NI NOi «9i �� 'a N3- �'s°P956i°pa's' soz 5 i "'ssE e�asf�sEl . xi,.,a0.1.31A a _ 30V UPOOtl M S. NIHSVM 3 613L O. 031. M 009 OVO 3301100 SO. ONIA3AMO5.1V11113NNO11IA1113 •ONIM33NION3 •3MO1331IHD1111 3uI'6uuaau!6u3Limuis!eN SWX31 'AINfOO S303f1N'I LSIUHO SOd21OO -a n -d aOBHVH aV1f011aVd 3NO NVld LIS 0 0 N -addv 3100 01 NOIldIO3S3O -addv 3100 01 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 24, 2015 Action Item for the City Council Meeting of March 31, 2015 DATE: TO: March 10, 2015 Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police Floyds@cctexas.com 886-2603 Ordinance amending Ordinance No. 030294 to increase the number of Police Captain positions authorized by one (1) CAPTION: Ordinance amending Ordinance No. 030294 to increase the number of positions authorized for the classification of "Police Captain" from fifteen (15) to sixteen (16). PURPOSE: Chief of Police Floyd Simpson requests the modification to continue implementation of recommendations regarding staff alignment within Animal Control. BACKGROUND AND FINDINGS: The additional Police Captain position will be assigned to the Animal Control division. It has proven very difficult to fill the existing Animal Care/Control Program Manager position; the interim manager is a Police Dispatch Supervisor, who has been serving in this position since August, 2014. The remaining funding for the existing Animal Care/Control Program Manager will be placed towards the cost to convert the position at an estimated $16,153 for the remainder of the current fiscal year and then $35,000 additional for FY2016. The Police Department will request funding for the additional Captain position in the FY2016 budget process. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: OMB Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $19,652,089 $19,652,089 Encumbered / Expended Amount 0 0 0 This item $16,153 $35,000 $51,153 BALANCE $19,635,936 $35,000 $19,600,936 Fund(s): General Comments: RECOMMENDATION: Staff recommends authorizing the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending Ordinance No. 030294 to increase the number of positions authorized for the classification of "Police Captain" from fifteen (15) to sixteen (16) WHEREAS, an additional Police Captain position will be assigned to the Animal Control division; and WHEREAS, pursuant to §143.021 Texas Local Government Code, the Corpus Christi City Council shall prescribe the number of positions in each classification. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Ordinance No. 030294 is amended by increasing the number of positions authorized for classification of "Police Captain" from fifteen (15) to sixteen (16). 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of 3/24/2015 Second Reading Ordinance for the City Council Meeting of 3/31/2015 DATE: February 27, 2015 TO: Ronald L. Olson, City Manager FROM: Eddie Houlihan, Assistant Director of Management and Budget EddieHo@cctexas.com (361) 826-3792 Appropriating Funds to Cover Additional Estimated Costs Related to December of 2014's Runoff Election CAPTION: Ordinance appropriating a total of $176,712 from the unreserved fund balance in the No. 1020 General Fund for additional estimated costs related to the runoff election held in December 2014; and changing the operating budget adopted by Ordinance No. 030294 by increasing expenditures by $176,712. PURPOSE: To cover additional, unforeseen estimated costs related to the runoff election held in December 2014. BACKGROUND AND FINDINGS: Staff originally budgeted $370,000 for both the general/special election and the runoff election. The City Secretary's Office received a cost estimate from Nueces County for the general/special election in the amount of $246,553.74. The cost estimate for the runoff election was $300,157.99. Because only the City required a runoff election, there was no opportunity for cost-sharing with other entities, therefore an additional $176,712 is required to fund the runoff. The total estimated cost for both elections is $546,712. The Nueces County Clerk's Office is expected to issue final invoices for actual election costs in March or April 2015. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: City Secretary's Office Office of Management & Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $370,000 — $370,000 Encumbered / Expended Amount This item $176,712 — $176,712 BALANCE $546,712 — $546,712 Fund(s): General Fund Comments: RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Page from Minutes of 12.16.2015 Council Meeting with Relevant Resolution Ordinance City Council Meeting Minutes December 16, 2014 54. Resolution authorizing City of Corpus Christi election services contract with Nueces County for runoff election. Mayor Martinez referred to Item 54. City Secretary Rebecca Huerta stated that the purpose of this item is to approve a contract with Nueces County for election services for conducting the runoff election for City Council Districts One and Two. City Secretary Huerta stated that staff originally budgeted $370,000 for both the general/special election and the runoff election. The City Secretary's Office received a cost estimate from Nueces County for the general/special election in the amount of $246,553.74. City Secretary Huerta stated that the cost estimate for the runoff election is $300,157.99. City Secretary Huerta explained that because the City is the only entity requiring a runoff election, thus not allowing for efficiencies created by cost-sharing with other entities, an additional $176,711.73 is required to fund the runoff. City Secretary Huerta said these are conservative estimates. City Secretary Huerta said the final invoice will be received in the spring and staff will meet with Nueces County to ensure that the costs are reasonable. Council Members spoke regarding legitimacy of the estimated costs; the cost analysis that will occur in the spring; and discussions with the new County Clerk regarding super precincts. There were no comments from the public. This Resolution was passed and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 030386 P. FIRST READING ORDINANCES: (ITEMS 55 - 59) 55. First Reading Ordinance - Lease Extension with Landry's Seafood and Steak House (Requires 2/3 vote) Ordinance authorizing the City Manager, or this designee, to execute an extension to a five year lease agreement with Landry's Seafood and Steakhouse - Corpus Christi, Inc. ("Landry's) to operate a restaurant barge on People's Street T -Head with monthly payments of $6,657.00 through 2016, $7,056.00 through 2018, $7,500.00 through 2019, OR 2.75% of monthly gross sales, whichever is greater. Mayor Martinez referred to Item 55. Marina Superintendent Peter Davidson stated that the purpose of this item is to approve the execution of a lease extension with Landry's Seafood and Steak House. There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Corpus Christi Page 23 Printed on 1/14/2015 Page 1 of 2 Ordinance appropriating a total of $176,712 from the unreserved fund balance in the No. 1020 General Fund for additional estimated costs related to the runoff election held in December 2014; and changing the operating budget adopted by Ordinance No. 030294 by increasing expenditures by $176,712. Be it ordained by the City Council of Corpus Christi, Texas, that: Section 1. That $176,712 is appropriated from the Unreserved Fund Balance in the No. 1020 General Fund for additional estimated costs related to the runoff election held in December 2014. Section 3. That the FY 2014-2015 Operating Budget adopted by Ordinance 030294 is changed by increasing expenditures by $176,712. ORD-Approp-1020General-CS Runoff Election Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Brian Rosas That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Brian Rosas PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary ORD-Approp-1020General-CS Runoff Election Nelda Martinez Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of March 24, 2015 Second Reading Ordinance for the City Council Meeting of March 31, 2015 DATE: TO: February 18, 2015 Ronald L. Olson, City Manager FROM: Eddie Houlihan, Assistant Director of Management & Budget EddieHo@cctexas.com 361-826-3792 Residential/Local Street Capital Fund for Residential/Local Street Reconstruction CAPTION: Ordinance appropriating $1,000,000 from the Unreserved Fund Balance in the No. 1020 General Fund; transferring to and appropriating in the No. 1042 Street Fund for the residential and local street program; changing the FY 2014-2015 Operating Budget adopted by ordinance No. 030294 to increase appropriations by $1,000,000 in the No. 1020 General Fund and $1,000,000 in the No. 1042 Street Fund and to increase revenue by $1,000,000 in the No. 1042 Street Fund. PURPOSE: To establish a Residential/Local Street Capital Fund No. 1042 and to establish initial funding in accordance with Resolution 030265 Amending Financial Budgetary Policies Adopted by Resolution 029848 and Providing Financial Policy Direction on Preparation of the Annual Budgets, Section 7. BACKGROUND AND FINDINGS: Since 2012, the City has been implementing the Street Improvement Plan (SIP) in order to address the condition of city streets. The SIP consists of four areas: Street Preventative Maintenance Program (SPMP), Reconstruction of Arterials and Collectors, Reconstruction of Residential and Local streets, and Policy changes. Of the four sectors, only Reconstruction of Residential and Local streets has not been fully addressed. The primary roadblock to implementation of a Residential/Local Street Reconstruction Program has been a funding source. During the Fiscal 2014-2015 Budget process, City Council passed Resolution 030265. This Resolution amending the financial budgetary policies, addressed the Residential/Local Street Reconstruction funding problem by establishing a Residential/Local Street Capital Fund and by providing for "seed money" through revenue transfers from the General Fund and from industrial district revenues according to a specific schedule. The next step in the process outlined in Resolution 030265 is to establish the Residential/Local Street Capital Fund and to transfer monies from the General Fund in accordance with Section 7 (1) of the Resolution. The attached Ordinance accomplishes that task. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This Ordinance conforms to all City policies. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Street Operations Legal Finance FINANCIAL IMPACT: 0 Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $1,000,000 $2,000,000 $3,000,000 BALANCE $1,000,000 Fund(s): General Fund 1020, Residential/Local Street Capital Fund 1042 Comments: None RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Resolution 030265 Ordinance appropriating $1,000,000 from the unreserved fund balance in the No. 1020 General Fund; transferring to and appropriating in the No. 1042 Street Fund for the residential and local street program; amending the FY2014-2015 Operating Budget adopted by Ordinance No. 030294 to increase appropriations by $1,000,000 in the No. 1020 General Fund and $1,000,000 in the No. 1042 Street Fund and to increase revenue by $1,000,000 in the No. 1042 Street Fund. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council finds that a grave public necessity exists, that amend- ment of the FY2014-2015 Operating Budget is both necessary and prudent to meet an unusual and unforeseen condition that could not have been included in the fiscal budget, and authorizes funds in the amount of $1,000,000 be appropriated as an emergency expenditure from the unreserved fund balance in the No. 1020 General Fund and transferred to and appropriated in the No. 1042 Street Fund for the residential and local street program. SECTION 2. The FY2014-2015 Operating Budget, adopted by Ordinance No. 030294, is amended in accordance with this ordinance and the provisions of the Texas Local Government Code by increasing appropriations by $1,000,000 in the No. 1020 General Fund and $1,000,000 in the No. 1042 Street Fund and increasing revenue by $1,000,000 in the No. 1042 Street Fund. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor RESOLUTION AMENDING FINANCIAL BUDGETARY POLICIES ADOPTED BY RESOLUTION 029848 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE ANNUAL BUDGETS. WHEREAS, the City of Corpus Christi has a commitment to citizens as expressed in its Mission Statement: "Provide exceptional service to enhance the quality of life"; and WHEREAS, financial resources are budgeted to fulfill this commitment; and WHEREAS, it has been the City's goal to rebuild the General Fund balance to acceptable levels, a goal which was expressly stated in past policies with targets for accomplishing that goal; and WHEREAS, the City Council adopted a Financial Policy in January 1997 by Resolution No. 022828, reaffirmed the Financial Policy in June 1997 by Resolution No. 022965, modified the Financial Policy in July 1997 by Resolution No. 022992, adopted a new Financial Policy in May 1998 by Resolution No. 023319; reaffirmed the Financial Policy in May 1999 by Resolution No. 023657; reaffirmed the Financial Policy in May 2000 by Resolution No. 024044; reaffirmed the Financial Policy in May 2001 by Resolution No. 024455; reaffirmed the Financial Policy in May 2002 by Resolution No. 024863; reaffirmed the Financial Policy in April 2003 by Resolution No. 025280; reaffirmed the Financial Policy in April 2004 by Resolution No. 025737; reaffirmed the Financial Policy in May 2005 by Resolution 026265; reaffirmed the Financial Policy in January 2006 by Resolution 026605; amended the Financial Policy in April 2008 by Resolution 027683; amended the Financial Policy in May 2009 by Resolution 028176; amended the policy in May 2010 by Resolution 028609; amended the policy in July 2011 by Resolution 029128; amended the policy in May 2012 by Resolution 029521; amended the policy in May 2013 by Resolution 029826; and amended the policy in June 2013 by Resolution 029848. WHEREAS, as a result of those policies, the City achieved its previous goal for the General Fund balance and desires now to articulate a new strategy to maintain a revised General fund balance and to utilize any surplus balance to provide for enhanced financial stability in future years, and also desires to establish similar goals for fund balances of the Internal Service Funds, Enterprise Funds, the Combined Utility Reserve Fund, and Debt Service Reserve Funds; and WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt new or modified policy annually in conjunction with preparation of the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 030265 INDEXED 2 The Financial Budgetary Policies adopted by Resolution 029848 are amended to read as follows: Section 1. Development / Effective Date of Financial Budgetary Policy. This Financial Budgetary Policy reaffirms and amends the financial policies adopted each year by the City Council since 1997. This Financial Budgetary Policy is made part of the City Comprehensive Policy Manual. The City Manager is directed to prepare each annual proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. This Financial Budgetary policy remains in effect and applies to future annual budget preparation processes until amended by City Council resolution. Section 2. Current Revenues Equal / Exceed Current Expenditures. Current General Fund operating revenues will equal or exceed current budgeted expenditures. Section 3. Committed General Fund Balance / Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund committed fund balance. Accordingly it is the goal of the City Council to build and maintain a reserve in the General Fund committed fund balance which totals at least ten (10%) percent and up to 25% of total annual General Fund appropriations, exclusive of any one-time appropriations. At the end of the fiscal year, upon completion of the Comprehensive Annual Financial Report, the amount calculated to be at least 10% up to 25% of total annual General Fund appropriations will be Committed for Major Contingencies, and set up in a separate account. The City Manager shall report on the status of compliance with this twenty-five (25%) percent policy at least annually as part of the budget process. Uncommitted fund balance in excess of the ten percent policy requirement may be recommended for expenditure by the City Manager. Such expenditures shall be subject to the normal appropriations and expenditure approval process applicable to all other funds. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the committed funds. The City Manager shall note these situations to the City Council as soon as the information is known. Amounts that can be used for specific purposes pursuant to constraints imposed by formal action of the City Council will be reported as committed fund balance. Those committed amounts cannot be used for any other purpose unless the City Council removes or changes the specified use by taking the same type of action it employed to previously commit those amounts. Committed fund balance will also incorporate contractual obligations to the extent that existing resources in the fund have been specifically committed for use in satisfying those contractual requirements. Section 4. Other Committed Fund Balances. 4.1 Internal Service Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters 3 or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserve in each Internal Service Fund of at least three percent (3%) of the annual Internal Service Fund appropriations, exclusive of any one-time appropriations. This subsection only applies to the MIS Internal Service Fund; Stores Internal Service Fund; Engineering Services Internal Service Fund; and Maintenance Services Internal Service Fund. 4.2 Group Health Plans. It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run -out based upon the most recent actuarial study in the event the plan ceases or a change in the third party administrator is made; and to (2) cover any differences between revenues budgeted to cover projected claims expense for the fiscal year and the attachment point calculated at 110% of projected claims expense as a catastrophic reserve. 4.3 General Liability Fund. It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; (2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average incurred costs of claims experience over the prior five-year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. 4.4 Worker's Compensation Fund. It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five-year period. 4.5 Enterprise Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserve in each of the Enterprise Funds of at least twenty-five percent of the annual Enterprise Fund appropriations, exclusive of debt service and any one-time appropriations. This subsection only applies to Water, Wastewater, Gas, Stormwater, Airport, and Marina fund balances. 4.6 Debt Service Reserve Fund. The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at least two percent (2%) of the annual debt service appropriation(s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury Regulation 1.148-2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. 4 Section 5. Property Tax Rate for Operations and Maintenance. Each proposed annual budget shall be prepared assuming that the City will be adopting a tax rate necessary to be in compliance with Section 2 above. Full consideration will be given to achieving the "effective tax rate" for maintenance and operations when assessed property values decrease, and full consideration will be giving to maintaining the current tax rate when assessed properties values increase, as long as the tax rate does not exceed the "rollback" rate (which is the rate that allows the City to raise the same amount of maintenance and operation revenue raised in the prior year with an 8% increase.) Section 6. Funding Level from General Fund for Street Maintenance. City Council approved Resolution #029634 on September 18, 2012 to declare its intent to establish a street user fee for implementation in Fiscal Year 2013-2014. Section 4 of this resolution expressed an intent to preserve the funding level of the Street Department at the percentage of the Street Fund's budget in Fiscal Year 2012-2013 relative to the General Fund. Excluding a decrease in General Fund revenues, the percentage of the Street Fund's budget relative to the General Fund will neither go below that of Fiscal Year 2012-2013 nor go below the dollar equivalent if General Fund revenues increase. That funding level equates to 6.00% of General Fund revenue less grants from the annual adopted operating budget or $10,818,730, whichever is greater. Beginning in Fiscal Year 2015-2016, the funding level will be 6% of General Fund revenue less grants and industrial district revenue or $10,818,730, whichever is greater. Additionally beginning in Fiscal Year 2015-2016, 5% of industrial district revenue will be transferred to the Street Maintenance Fund. Section 7. Funding Level from General Fund for Residential/Local Street Capital Improvement Projects. In order to develop a Tong -term funding mechanism for capital improvements related to residential/local streets, implement the following: 1. For 3 years beginning in Fiscal Year 2014-2015, appropriate $1,000,000 each year from the uncommitted fund balance of the General Fund and transfer to the Residential/Local Street Capital Fund. 2. Beginning in Fiscal Year 2015-2016, appropriate and transfer 5% of industrial district revenue to the Residential/Local Street Capital Fund. 3. In Fiscal Year 2020-2021, transfer 1/3 of one percent of the General Fund revenue Tess grants and industrial district revenue to the Residential/Local Street Capital Fund. 4. In Fiscal Year 2021-2022, transfer 2/3 of one percent of the General Fund revenue less grants and industrial district revenue to the Residential/Local Street Capital Fund. 5. In Fiscal Year 2022-2023 and thereafter, transfer 1°/0 of the General Fund revenue less grants and industrial district revenue to the Residential/Local Street Capital Fund. 5 Section 8. Funding of Texas Municipal Retirement System (TMRS) Contributions. It is a goal of the City Council to contribute the fully funded contribution rate to TMRS to fund the general City employees' and sworn police officers' pension. In order to implement this goal, beginning in Fiscal Year 2014-2015, an additional 1% will be added to the City's contribution to TMRS each year until the actuarially determined fully funded rate is met. Section 9. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. Section 10. Operating Contingencies. The City Manager is directed to budget at least $200,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. The City Manager is directed to budget similar operating contingencies as expenditures in enterprise, internal service, and special revenue funds of the City. Section 11. Multi-year Budget Model. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of business plans necessary for the accomplishment of City short term or long term goals. These business plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and/or rate models for enterprise operations. Preparation of annual budget will include model for years two and three, with specific revenue and expenditure assumptions. Section 12. Cost Recovery. The City may recover costs in the General Fund by charging other funds for administrative costs incurred to support their operations. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined herein, every effort will be made to base rates on a cost of service model so costs incurred for certain services are paid by the population benefiting from such services. Section 13. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. Section 14. Use of Nonrecurring Revenue. The City shall endeavor to use nonrecurring revenue to fund one-time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. 6 Section 15. Debt Management. The City Manager shall adhere to the Debt Management Policy adopted by Resolution 028902 on December 14, 2010, and reaffirmed by Resolution 029321 on December 13, 2011. Section 16. Capital Improvement Plans/Funding. The annual Capital Improvement Plan shall follow the same cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long range capital improvement plans. For the three-year short term plan, projects include any projected incremental operating costs for programmed facilities. The long range plan extends for an additional seven years, for a complete plan that includes ten years. Short-term plan projects must be fully funded, with corresponding resources identified. As part of a concerted effort to reduce debt levels and improve financial flexibility, the City shall pursue pay-as-you-go capital funding where possible. Section 17. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost efficient method to deliver services to the citizens of Corpus Christi. Efforts to identify the most cost efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public." Section 18. Zero Based Budgeting type of process. To prepare the City's operating budget, the City shall utilize a Zero Based Budgeting type of process. The staff shall be accountable for utilizing a Zero Based Budgeting type of process comprehensively for all department budgets. ATTEST: THE CITY OF CORPUS CHRISTI T24,,,,,, i Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas 24.0 of `)-04 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 (1302f5 7 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of March 24, 2015 Second Reading Ordinance for the City Council Meeting of March 31, 2015 DATE: March 3, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works & Utilities FROM: Carlos A. Gonzalez, A.I.A. Director of Facilities & Property Management CarlosG2@cctexas.com 361-826-3567 Facilities and Property Management Maintenance Consolidation CAPTION: Ordinance transferring $459,104.37 from the No. 1020 General Fund to and appropriating in the No. 5115 Facilities Fund; transferring $53,206.02 from the No. 4130 Gas Fund to and appropriating in the No. 5115 Facilities Fund; appropriating $1,100,000 from the unreserved fund balance in the No. 5115 Facilities Fund to consolidate maintenance related costs in the No. 5115 Facilities Fund; and amending the FY2014-2015 Operating Budget adopted by Ordinance No. 030294 by increasing revenue by $512,310.39 and expenditures by $1,612,310.39. PURPOSE: Change the FY 2014-2015 Operating Budget adopted by Ordinance No. 030294 to transfer Gas, General Fund maintenance related costs into the Facilities and Property Management Fund in order to implement and consolidate maintenance operations; appropriation of unreserved fund balance in Facilities Fund No. 5115 for maintenance projects. BACKGROUND AND FINDINGS: April 2013, City of Corpus Christi adopted the recommendations brought forth by the findings of the Report on City -Wide Facility and Property Services Improvement Plan to establish a centralized Facilities and Property Management department which included consolidations of six FTEs to be transferred. ALTERNATIVES: Not Applicable OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Gas, Health, Police, Office of Management & Budget, and Facilities & Property Management FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,991,763.75 $0.00 $1,991,763.75 Encumbered / Expended Amount This item $1,612,310.39 $0.00 $1,612,310.39 BALANCE $3,604,074.14 $3,604,074.14 Comments: RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Transferring $459,104.37 from the No. 1020 General Fund to and appropriating in the No. 5115 Facilities Fund; transferring $53,206.02 from the No. 4130 Gas Fund to and appropriating in the No. 5115 Facilities Fund; appropriating $1,100,000 from the unreserved fund balance in the No. 5115 Facilities Fund to consolidate maintenance related costs in the No. 5115 Facilities Fund; and amending the FY2014-2015 Operating Budget adopted by Ordinance No. 030294 by increasing revenue by $512,310.39 and expenditures by $1,612,310.39. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. Funds in the amount of $459,104.37 are transferred from the No. 1020 General Fund to and appropriated in the No. 5115 Facilities Fund to consolidate maintenance related costs. SECTION 2. Funds in the amount of $53,206.02 are transferred from the No. 4130 Gas Fund to and appropriated in the No. 5115 Facilities Fund to consolidate maintenance related costs. SECTION 3. The City Council finds that a grave public necessity exists, that amendment of the FY2014-2015 Operating Budget is both necessary and prudent to meet an unusual and unforeseen condition that could not have been included in the fiscal budget, and authorizes funds in the amount of $1,100,000 be appropriated as an emergency expenditure from the unreserved fund balance in the No. 5115 Facilities Fund in order to consolidate maintenance related costs in the No. 5115 Facilities Fund. SECTION 4. The FY2014-2015 Operating Budget, adopted by Ordinance No. 030294, is amended in accordance with this ordinance and the provisions of the Texas Local Government Code by increasing revenue by $512,310.39 and expenditures by $1,612,310.39. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of March 24, 2015 Second Reading Ordinance for the City Council Meeting of March 31, 2015 DATE: TO: Ronald L. Olson, City Manager February 27, 2015 FROM: Floyd Simpson, Chief of Police floyds@cctexas.com 886-2604 Appropriating funds from the State of Texas Law Enforcement Standards and Education (LEOSE) account CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an annual allocation payment from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of $28,936.41; and appropriating funds from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of $28,936.41 in the No. 1061 Police Grants Fund for training of police personnel and purchase of training equipment. PURPOSE: Based on the Government Code, Section 415.0845, the State of Texas provides an annual allocation for training of police personnel as well as training equipment. The funds must be appropriated annually when the check is received. BACKGROUND AND FINDINGS: The funds are received from the State as directed by Government Code, Section 415.0845, to make an annual allocation from the Law Enforcement Officer Standards and Education account to qualified law enforcement agencies for expenses related to the continuing education of full-time law enforcement officers and support personnel and any training equipment. The amount of funds received depends on the number of personnel we have as of January 1 of each year. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Police Grants Comments: RECOMMENDATION: Staff recommends approving the ordinance and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Award Letter Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept an annual allocation payment from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of $28,936.41; and appropriating funds from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of $28,936.41 in the No. 1061 Police Grants Fund for training of police personnel and purchase of training equipment. 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 annual allocation payment from the State of Texas — Law Enforcement Officer Standards and Education Account in the amount of $28,936.41. SECTION 2. That $28,936.41 from the State of Texas — Law Enforcement Officer Standards and Education Account is appropriated in the No. 1061 Police Grants Fund for training of police personnel and purchase of training equipment. 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor TEXAS COMPTROLLER Of PUBLIC ACCOUNTS P.O.Box 13528 • AUSTIN, TX 78711-3528 February 26, 2015 CITY OF CORPUS CHRISTI POLICE DEPARTMENT PO BOX 9016 CORPUS CHRISTI, TX 78469-9016 Vendor Number: 17460005741 051 A remittance of $28,936.41 has been direct deposited into your designated account for the Law Enforcement Officer Standards and Education (LEOSE) Fund. This payment must be used as necessary to ensure the continuing education of persons licensed under Chapter 1701, Occupations Code, or to provide necessary training, as determined by the agency head, to full-time, fully paid law enforcement support personnel in your agency. Your agency must maintain a complete and detailed record of all money received and spent. All money received is subject to audit by the Comptroller of Public Accounts and all money spent is subject to audit by the State Auditor. The Comptroller is directed by the Occupations Code, Section 1701.157 to make an annual allocation from the LEOSE account to qualified law enforcement agencies for expenses related to the continuing education of persons licensed under Chapter 1701, Occupations Code. Of the accour:,, 20 percent is allocated equally among the qualified agencies. The remaining 80 percent is allocated on the basis of the number of eligible law enforcement positions each agency had as of January 1 of the preceding calendar year. An eligible law enforcement position is defined as one held by a person licensed under Chapter 1701, Occupations Code, who works as a peace officer or licensed jailer on the average of at least 32 hours a week, is compensated by a political subdivision of the state at the minimum wage rate or higher and is entitled to all employee benefits offered to a peace officer. To receive your agency's share of the LEOSE account in 2016, you must complete and return the enclosed Law Enforcement Officer Standards and Education Account 2016 Allocation Basis form to us no later than April 30, 2015. The information provided on this form must be accurate and returned timely to our office to ensure the correct allocation of the LEOSE account. Please call us toll free at (800) 531-5441, ext. 3-4530, if you have any questions or if we can be of assistance. The Austin number is (512) 463-4530. Enclosure Form 40.305 (Rcv.4-07::4) AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of March 24, 2015 Second Reading for the City Council Meeting of March 31, 2015 DATE: February 20, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Use Privilege Agreement for Underground Communications Cable to cross Williams Drive rig ht -of -way CAPTION: Ordinance authorizing the City Manager or designee, to execute a use privilege agreement with Breckenridge Group Corpus Christi Phase II, LP. ("Permittee"), to install, operate, maintain, and remove a private underground fiber optic communications cable from the existing Phase 1 property (Oso River Estates Subdivision) located on the north side of Williams Drive and crossing approximately 70 linear feet of the Williams Drive public street right-of-way, to the Phase 2 property (Oso River Estates Unit 2 Subdivision) located on the south side of Williams Drive, subject to Permittee' compliance with specified conditions. PURPOSE: The purpose of the use privilege agreement is to allow the Breckenridge Group the ability to provide communication service from the Phase 1 property (Oso River Estates) to the Phase 2 property Oso River Estates Unit 2). BACKGROUND AND FINDINGS: Breckenridge Group Corpus Christi Phase II, LP. ("Permittee"), desires to install, operate, maintain, and remove an underground private fiber optic communications cable across the Williams Drive public street right-of-way. The private fiber optic communications cable being installed will be crossing approximately 70 linear feet of the Williams Drive public street right-of-way. The private fiber optic communications cable authorized by this Agreement is strictly limited to providing communication service from the Phase 1 property (Oso River Estates) to the Phase 2 property (Oso River Estates Unit 2), in the Use Privilege Area. Staff recommends that the Permittee pay an annual payment of $70.00 for a one-year use privilege agreement, and payable for each additional one-year term, for the use of the Williams Drive public street right-of-way. Permittee must comply with all the specified conditions of the ordinance within 180 days of Council approval. ALTERNATIVES: Deny the request of a Use Privilege Agreement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Charter Article IX, Section 1, requires City Council approval for use of any portion of public right-of-way for private purposes. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities or objections regarding the proposed Use Privilege Agreement, provided the applicant meets the specified conditions set out in the Use Privilege Agreement. Legal Finance OMB FINANCIAL IMPACT: ❑ Operating 1 Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $70.00 annual term payments of $70.00 $70.00 BALANCE $70.00 $70.00 $70.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval and adoption of the ordinance. Owners must comply with all the following specified conditions of the ordinance: a. In exchange for the City's authorization to use the public right-of-way to place and maintain the underground fiber optic communications cable ("cable"), the Permittee agrees to provide the City with an annual payment of $70.00, renewable for four additional one-year terms. b. The Permittee' use of the cable is strictly limited to serving facilities owned by the Permittee. Permittee may not provide nor permit anyone else to provide service through the cable to any facilities within the City owned by anyone other than the Permittee. c. All costs incurred to maintain, repair, or remove the cable is the responsibility of the Permittee. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Use Privilege Agreement Ordinance authorizing the City Manager or designee, to execute a use privilege agreement with Breckenridge Group Corpus Christi Phase II, LP. ("Permittee"), to install, operate, maintain, and remove a private underground fiber optic communications cable from the existing Phase 1 property (Oso River Estates Subdivision) located on the north side of Williams Drive and crossing approximately 70 linear feet of the Williams Drive public street right-of-way, to the Phase 2 property (Oso River Estates Unit 2 Subdivision) located on the south side of Williams Drive, subject to Permittee' compliance with specified conditions. WHEREAS, Breckenridge Group Corpus Christi Phase II, LP., a Texas limited liability company ("Permittee"), desires to install, operate, maintain, and remove a private underground fiber optic communications cable across the Williams Drive public street right-of-way; WHEREAS, the Permittee has requested, and the City of Corpus Christi ("City") desires to extend, a one-year use privilege agreement ("Agreement"), renewable for four additional one-year terms, in order to accomplish the purpose and use intended of the public right-of-way; WHEREAS, in accordance with Article IX, Section 1 of the City Charter, the City Council authorizes the City Manager to enter into the Agreement for the benefit of the City and the Permittee, subject to the Permittee' compliance with the specified provisions of the Use Privilege Agreement. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee ("City Manager"), is authorized to execute a one-year use privilege agreement ("Agreement"), renewable for four additional one-year terms, with Breckenridge Group Corpus Christi Phase II, LP. ("Permittee") to install, operate, maintain, and remove a private underground fiber optic communications cable across the Williams Drive public right-of-way, such Agreement at all times subject to the Permittee' compliance with the conditions specified in the Agreement. A copy of the Agreement is attached to this ordinance as Exhibit "A," the terms and content of which are incorporated by reference into this ordinance as if fully set out herein in their entirety. SECTION 2. The Agreement authorized in Section 1 of this ordinance is subject to the Permittees' compliance with the conditions of the Agreement including, but not limited to, the provisions specified below: a. In exchange for the City's authorization to use the public right-of-way to place and maintain the underground fiber optic communications cable ("cable"), the Permittee agrees to provide the City with an annual payment of $70.00, renewable for four additional one-year terms. Page 1 of 2 b. The Permittee' use of the cable is strictly limited to serving facilities owned by the Permittee. Permittee may not provide nor permit anyone else to provide service through the cable to any facilities within the City owned by anyone other than the Permittee. c. All costs incurred to maintain, repair, or remove the cable is the responsibility of the Permittee. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the ATTEST: Rebecca Huerta City Secretary day of , 20 Nelda Martinez Mayor Page 2 of 2 USE PRIVILEGE AGREEMENT STATE OF TEXAS COUNTY OF NUECES This use privilege agreement ("Agreement") is entered into by and between the City of Corpus Christi ("City"), a Texas home -rule municipal corporation, and Breckenridge Group Corpus Christi Phase ll, LP. ("Permittee"), a Texas limited liability company, whose business address is 1301 S. Capital of Texas Highway, Suite B201, Austin, Texas, 78746. In accordance with Article IX, Section 1, of the City's City Charter and in consideration of payment of Seventy Dollars ($70.00) paid by Permittee (collectively referred to in this Agreement as "Permittee"), the receipt of which is acknowledged, the City has granted and conveyed, and by these presents does grant and convey to Permittee, for the term and upon the conditions stated in this Agreement, a use privilege for the right to install, operate, maintain, and remove an underground private fiber optic communications cable from the existing Phase 1 property (Oso River Estates Subdivision) located on the north side of Williams Drive and crossing approximately 70 linear feet of the Williams Drive public street right-of-way to the Phase 2 property (Oso River Estates Unit 2 Subdivision), located on the south side of Williams Drive, as shown in Exhibit "A" (plan and profile view). A Copy of Exhibit "A" is attached to this Agreement and incorporated into this Agreement by reference as if fully set out here in their entireties. The area in which the use privilege is granted to locate the Underground Fiber Optic Cable is referred to in this Agreement as the Use Privilege Area. TO HAVE AND TO HOLD the same unto Permittee, their successors and assigns, together with the right under the conditions specified in this Agreement, to at any time enter upon the above described public right-of-way to maintain the Underground Fiber Optic Cable, and it is further understood that the use privilege granted by this Agreement is subject to the Permittee' compliance at all times with the following conditions: A. This Agreement, and the rights granted under the Agreement, may be revoked at any time by the City upon providing the Permittee not Tess than 60 days notice in writing by the City's City Manager, or his designee ("City Manager"). In the event of a revocation by the City Manager or earlier termination of this Agreement by either party, no portion of any payment made under this Agreement is refundable to the Permittee. B. This Agreement is for a term of one (1) year. At the end of the initial term, this Agreement renews automatically for up to four (4) successive annual terms upon the payment of $70.00 by the Permittee, unless Permittee, or the City provides written notice of intent not to renew to the non -terminating parties at least 60 days before the end of any annual term. UPA Breckenridge Group Corpus Christi Phase 11, LP. Page 1 of 7 C. This Agreement may not be assigned by Permittee, either individually or collectively, without the City Manager's prior written consent. Any appropriately approved assignment of this Agreement shall cause all terms and conditions of this Agreement to become binding upon said successor, or assign. D. The Permittee shall acquire and maintain at all times for the term of this Agreement insurance coverages pertaining to the Use Privilege Area granted under this Agreement and the activities authorized by this Agreement. The types of required insurance coverages must be in the minimum amounts set forth in the attached Exhibit "B," the substantive content of Exhibit "B" being incorporated by reference into this Agreement as if fully set out here in its entirety. The insurance policies must name the City as an additional insured and may not be canceled, renewed, or materially changed by Permittee unless at least ten (10) days advance written notice has been provided to the City. Upon the City Manager's written request, Permittee shall provide copies of all requested insurance policies to the City's City Attorney. Notwithstanding the foregoing and the content of Exhibit "6", Permittee shall only be required to acquire and maintain workers' compensation insurance to the extent that Permittee has employees. E. Should construction be deemed necessary by Permittee in the Use Privilege Area, construction plans and specifications for all proposed work shall be submitted in advance by the Permittee to the City's City Engineer for approval prior to beginning the construction process. The plans must show the depth, and location of the proposed construction and distance from existing water, storm water, wastewater, and gas lines. The Permittee shall also comply with any other laws, rules, regulations, and ordinances applicable to construction in the City and in the public right-of-way, including obtaining all required permits. F. Prior to the start of any approved construction, Permittee shall require every contractor and subcontractor to provide a Certificate of Insurance reflecting insurance in coverage amounts as set forth in Exhibit "B", and that all subcontractors of Aspen Heights Construction, LLC. shall be required to carry worker's comp coverage. Additionally, Permittee shall require their contractors and subcontractors to indemnify the City, its officers, officials, employees, representatives, agents, licensees, and invitees in the same manner that Permittee has provided indemnification to the City pursuant to this Agreement. G. Permittee shall provide all necessary and proper safety devices so as to prevent injuries or accidents in the Use Privilege Area, in as much as possible. H. At least 48 hours prior to beginning any approved construction, Permittee shall contact 1-800-DIG-TESS and the Lone Star Notification Center (1-800- UPA Breckenridge Group Corpus Christi Phase 11, LP. Page 2 of 7 669-8344), and any other required agency or authority. Additionally, at least 48 hours prior to beginning any approved construction, Permittee shall give notice and verify depth and location of communication lines or communication fiber optic cables, whichever is applicable, to the following: • City Utility Departments, including Water, Storm Water, Wastewater and Gas; • American Electric Power (AEP); • American Telephone and Telegraph (AT&T); • CenturyTel; • Time Warner; • Grande Communications; and • Any and all other certified telecommunications providers. A City inspector may request a utility line be uncovered to verity its depth or location. I. Any construction process and use of the Use Privilege Area by Permittee shall not interfere with the construction, installation, operation, maintenance, repair, removal or replacement by the City or any of its agents, contractors, or franchisees of any existing or future proposed sidewalks, utility lines, or other uses. If the City or any franchisee with utilities currently located in said public right-of-way needs access to the right-of-way, Permittee shall pay for removing or relocating the Underground Fiber Optic Cable in the Use Privilege Area to allow access to utility lines for maintenance, repair, removal, or replacement of the utility lines. The Permittee shall repair the Use Privilege Area to its original condition or cease to use the Use Privilege Area, at which time this AGREEMENT terminates immediately. J. Traffic Engineer requirements pertaining to this Agreement, if applicable in context: 1. At least 48 hours prior to commencing approved construction, the Permittee shall file and obtain approval for a traffic control plan with the City's Traffic Engineer. No closure or barricading of a public right-of-way or any portion of a public right-of-way may occur before approval of the traffic control plan and, if applicable, approval of a detour or barricade plan has been obtained from the City's Traffic Engineer. 2. Should Permittee require a trench, pit, or similar excavation be dug during approved construction, the Permittee shall file and obtain approval for barricading said trench, pit, or excavation in accordance with the Texas Manual on Uniform Traffic Control Devices from the City's Traffic Engineer. [See paragraph "P" of this Agreement for additional requirements regarding trenches, pits and similar excavations.] K. If, as determined by the City Manager, damage occurs to any gas, water, storm water, or wastewater line, Permittee shall allow the City immediate UPA Breckenridge Group Corpus Christi Phase 11, LP. Page 3 of 7 access to the Use Privilege Area to perform an assessment, make repairs, or take any other action deemed necessary by the City. Determination of the extent of damage and repairs necessary to restore the utility line(s) shall be made by the City Manager. All costs of the City associated with said damage and repair, including labor and materials, shall be paid by Permittee within 30 days of the City's invoice. L. Should construction become necessary near existing water or wastewater lines, Permittee shall take every precaution not to disturb the soil surrounding any such lines, including all thrust blocks. M. If any approved work is conducted near any existing water main, it shall be done under the inspection of a City inspector at a daily rate of three -hundred ten dollars and thirty-five cents ($310.35) for each day spent inspecting construction, installation, maintenance, repair, removal, or replacement in the Use Privilege Area. A half-day, being four hours or more of work time by the City inspector, constitutes a whole working day for purposes of calculation. Any time in excess of eight hours a day, or on Saturday, Sunday or holidays, shall be calculated at a daily rate of fifty-eight dollars and eighteen cents ($58.18) per hour. Any assessed inspection fees shall be paid by the Permittee to the appropriate City department within 30 days of the City's invoice. These amounts will be adjusted annually each year on August 1 to reflect any pay increases that may be attributable to the rates charged. N. At any and all times Permittee shall be solely responsible for the repair and maintenance of the Wastewater Line and Use Privilege Area, including any costs associated with damage occurring due to natural weather elements/occurrences or man-made forces. Should damage occur to the Wastewater Line or Use Privilege Area, regardless of the type of damage, Permittee shall immediately repair the damage upon notice by the City. Failure to so repair terminates this Agreement immediately without any further action needed on the part of the City. O. Permittee shall repair, or cause to be repaired, any damage to driveways, culverts, head walls, landscaping, sidewalks, curbs, gutters, and any other structure, public or private, resulting from or caused by reason of construction, installation, maintenance, repair, removal, replacement or operation of the Underground Fiber Optic Cable and Use Privilege Area. P. If a trench, pit, or other excavation is required during approved construction, no trenches, pits, or other excavation, other than bore pits, shall be left open overnight, except as specifically authorized by the City's Director of Development Services and City's Engineer. Bore pits are not allowed open for a period of longer than 14 calendar days, regardless of location. All trenches, pits, or other excavations, other than bore pits, shall be backfilled by the Permittee promptly and in accordance with current City standards and specifications and as per the City inspector's request. All trenches, pits, and other excavations, including bore pits, shall be barricaded by the Permittee in UPA Breckenridge Group Corpus Christi Phase 11, LP. Page 4 of 7 accordance with the Texas Manual on Uniform Traffic Control Devices and as approved by the City's Traffic Engineer. [See paragraph "J.2." for additional requirements pertaining to trenches, pits, and other excavations.] Q. If backfilling becomes necessary, all backfill, specifically including that in and around existing utilities, shall be made by Permittee according to current City standards and specifications and as required by a City inspector. R. Use of the Underground Fiber Optic Cable authorized by this Agreement is strictly limited to serving Phase 1 (Oso River Estates) and Phase 2 (Oso River Estates Unit 2) properties in the Use Privilege Area. Permittee shall not provide, nor permit anyone else to provide or receive, service through said Underground Fiber Optic Cable or at any facilities within the City other than the properties specifically included in this Agreement without first obtaining a franchise from the City. S. INDEMNIFICATION. PERMITTEE, THEIR RESPECTIVE OFFICERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSEES, (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SUBPARAGRAPH AS "INDEMNITORS") SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, OFFICIALS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSEES, AND INVITEES, ("INDEMNITEES"), AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES, (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), PROPERTY LOSS, OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH, THE USE OF THE PROPERTY UNDER THIS AGREEMENT, INCLUDING SAID INJURY, LOSS OR DAMAGE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM INDIVIDUALLY. INDEMNITORS SHALL, AT INDEMNITORS' OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND UPA Breckenridge Group Corpus Christi Phase 11, LP. Page 5 of 7 ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS. T. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signatures. U. Unless otherwise stated in this Agreement, any notice required or permitted to be given under this Agreement must be in writing and sent by certified mail, return receipt requested to the following addresses: If to Permittee: If to the City: Breckenridge Group Corpus Christi Phase II, LP. 1301 S Capital of Texas Highway, Suite B201 Austin, Texas, 78746 City of Corpus Christi Attn: Director, Development Services Department P. O. Box 9277 Corpus Christi, TX 78469-9277 Any party shall, by notice to the others in accordance with the provisions of this paragraph, specify a different address or addressee for notice purposes within 10 days of any address change. V. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created pursuant to this Agreement are performable in Nueces County, Texas. Venue for all actions arising from, out of, or related to this Agreement must be brought in Nueces County, Texas. W. The Permittee further agree, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the "Disclosure of Interests" form attached to this Agreement as Exhibit "C." Completed versions of Exhibit "C" by Permittee form a part of this Agreement and are incorporated by reference into this Agreement as if set out here in their entireties. X. This instrument, including exhibits, constitutes the entire agreement between the City and the Permittee, and no prior written, oral, or contemporaneous promises, warranties, or representations shall be binding upon any parties. This Agreement may only be amended by written instrument signed by the City and Permittee and approved as required by City law. UPA Breckenridge Group Corpus Christi Phase 11, LP. Page 6 of 7 nowtownirsommeswomorg JENNI SIMMONS '__ Notary Public, State of Texas My Commission Expires at1,„4�a���;;i° March 05, 2016 EXECUTED IN DUPLICATE this day of , 20 ACCEPTED BY: CrefHenry, Manager of General Partner Breckenridge Group Corpus Christi Phase II, LP ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF TRAVIS This instrument was acknowledged before me on ch 2015, by r,9, i. -r (tE (i elof Breckenridge Group Corpus Christi Phase II, , a Tex -els limited p tnership, on behalf of said company. ATTEST: Rebecca Huerta Not ry Public's Signature CITY OF CORPUS CHRISTI Daniel M. Grimsbo, P.E. City Secretary Director, Development Services Department APPROVED AS TO LEGAL FORM: , 2015 Julian Grant Sr. Assistant City Attorney for the City Attorney UPA Breckenridge Group Corpus Christi Phase 11, LP. Page 7 of 7 T OWNNW ACOOKu>Vum.Vw2V.o\4402-0v. BAN.ay ...pea by fl dr a, a/n/xu na.0 PO g 1 A U W --+-W W M W Pt Gy� WILLIAMS DRIVE I 1 ien Trpc[s QS r URBAN ENGINEERING DATA CONDUIT EXHBIT WILLIAMS DIVE CROSSING TAM -CC STLEPEIr HOLISM 090 FIVER ESTATES, PHASE 2 conns cHRIS11. TEXAS PRE111Yn MOD v.^ NOP PCP COOMPOCION /ewe M POW MOW r. .OMO Pt 1ElW R4 NO. Ili DRAWN: ICY MI M MTh !IIIMIS IMMI=MIN- _�.�. 11=== ' _.-■—•- =.�1111— =E= — .M� — DATE: AUG 2014 C 2-6' CONDUITS-' A3 1 =, n 4 r Ni v ='N = -c -o / ; J g 1 D 1 5 N z f a ( co A L (UNIT \ o 36' DEEP (I _,__, O 4 r rZr1 m -- A U W --+-W W M W Pt Gy� WILLIAMS DRIVE I 1 ien Trpc[s QS r URBAN ENGINEERING DATA CONDUIT EXHBIT WILLIAMS DIVE CROSSING TAM -CC STLEPEIr HOLISM 090 FIVER ESTATES, PHASE 2 conns cHRIS11. TEXAS PRE111Yn MOD v.^ NOP PCP COOMPOCION /ewe M POW MOW r. .OMO Pt 1ElW R4 NO. Ili DRAWN: ICY MI M MTh !IIIMIS IMMI=MIN- _�.�. 11=== ' _.-■—•- =.�1111— =E= — .M� — DATE: AUG 2014 EXHIBIT A-1 m X z w D . `r+.a`.w�v aw�wuvn�.• $ er out r -...r ., .r.., ...nr+w .**J ENRBINEERINN G 0' 5 DATA CONDUIT EXHIBIT WR -I- S DFINE CROSSING TA1�4FG'C SRIDENS Vialea#7 000 PIM SWATEB, P4{A*E 2 CE001.15 assn, TEx As *377 TO EMITS JOSENI a *13 WILLIAMS DRIVE DRAW MY lf.A. ';'. i.%-• 4 t. 911. • t ?� )ES7?0 N_n DATI AUG 104 1 2-6 CDNOUITS- z -1 i 42" DEEP- W�r -i Y\ f J P 1 7. M C70 ' ,a -,4,'i Y aX ENRBINEERINN G 0' 5 DATA CONDUIT EXHIBIT WR -I- S DFINE CROSSING TA1�4FG'C SRIDENS Vialea#7 000 PIM SWATEB, P4{A*E 2 CE001.15 assn, TEx As *377 TO EMITS JOSENI a *13 WILLIAMS DRIVE DRAW MY lf.A. ';'. i.%-• 4 t. 911. • t ?� )ES7?0 N_n DATI AUG 104 ATTACHMENT EXHIBIT B INSURANCE REQUIREMENTS PERMITTEE'S LIABILITY INSURANCE A. Permittee shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Permittee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Permittee shall furnish to the Risk Manager or designee and Director of Development Services. two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate Commercial General Liability including: 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Permittees 7. Pollution/Environmental Impairment $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned $1,000,000 Combined Single Limit WORKERS' COMPENSATION EMPLOYER'S LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT. $500,000 / $500,000 / $500,000 C. In the event of accidents of any kind related to this project, Permittee shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Permittee 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. B. Permittee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Permittee'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. Permittee shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Permittee 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 D. Permittee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed 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, Successful Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Permittee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Permittee'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 Permittee to stop work hereunder, and/or withhold any payment(s) which become due to Permittee hereunder until Permittee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Permittee may be held responsible for payments of damages to persons or property resulting from Permittee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Permittee'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. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2014 ins req. Development Services — Installation of Fiber -Optic Cable Pertmits 11/13/2014 ds Risk Mgmt. CRY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi ordinance 17112, as amended, requires all persona or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question Is not appacable, answer with 'Wk. FIRST NAME: ke v+d 6rAl (arC GLv;stn Pio-r` 11. LP STREET: 1301 -C C +p I . f 1--7.4e-B--.)I CITY: 4-s#4,1 . 75( aft )87 y6 FIRM IS: 01. Corporation B2: Partnership []3. Sole Owner 04. Association _ Other DISCLOSURE QUESTIONS If adat:3nel space is necessary, ply use the reverse aide d title page orattach separate sheet. 1. State the names of each 'employee of the City of Corpus Christ hawing an 'Waxes* interest' constituting 3% or more of the ownership in the above named VW'. Noma Job Title and City Department (if known) 2. Slate the names of each 'official' of the City of Corpus Christi having an "ownership krterear mrtadtutlng 3% or more of the ownership In the above named Yum'. Name Title 3. State the names of each 'hand member" etre City of Corpus Christi having an owrrru side interest' constituting 3% dr more of the ownership In the above named 'fine'. Name Board, Commission, or Convre 4. State the names of each employee or officer of a'consuttent' for the City of Carpus Christi who worked on any ratter related to the subject of this contract and has an 'ownerdrtp Interest' constituting 35 or more of the ownership In the above named 'fine. Name Consultant CERTIFICATE I certify that ail Information provider/ is true and correct es of the date of this abatement, that I have not knowingly wittf &d disclosure of any Information requested; end that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Parson: r ry. Title: /!14,1 7.1u dC. teiCru( /} f-.rar- (Type or Prird) Signature of Certifying _ Date: 3/ N/1.S EXHIBIT C USE PRIVILEGE AGREEMENT STATE OF TEXAS COUNTY OF NUECES This use privilege agreement ("Agreement") is entered into by and between the City of Corpus Christi ("City"), a Texas home -rule municipal corporation, and Breckenridge Group Corpus Christi Phase ll, LP. ("Permittee"), a Texas limited liability company, whose business address is 1301 S. Capital of Texas Highway, Suite B201, Austin, Texas, 78746. In accordance with Article IX, Section 1, of the City's City Charter and in consideration of payment of Seventy Dollars ($70.00) paid by Permittee (collectively referred to in this Agreement as "Permittee"), the receipt of which is acknowledged, the City has granted and conveyed, and by these presents does grant and convey to Permittee, for the term and upon the conditions stated in this Agreement, a use privilege for the right to install, operate, maintain, and remove an underground private fiber optic communications cable from the existing Phase 1 property (Oso River Estates Subdivision) located on the north side of Williams Drive and crossing approximately 70 linear feet of the Williams Drive public street right-of-way to the Phase 2 property (Oso River Estates Unit 2 Subdivision), located on the south side of Williams Drive, as shown in Exhibit "A" (plan and profile view). A Copy of Exhibit "A" is attached to this Agreement and incorporated into this Agreement by reference as if fully set out here in their entireties. The area in which the use privilege is granted to locate the Underground Fiber Optic Cable is referred to in this Agreement as the Use Privilege Area. TO HAVE AND TO HOLD the same unto Permittee, their successors and assigns, together with the right under the conditions specified in this Agreement, to at any time enter upon the above described public right-of-way to maintain the Underground Fiber Optic Cable, and it is further understood that the use privilege granted by this Agreement is subject to the Permittee' compliance at all times with the following conditions: A. This Agreement, and the rights granted under the Agreement, may be revoked at any time by the City upon providing the Permittee not Tess than 60 days notice in writing by the City's City Manager, or his designee ("City Manager"). In the event of a revocation by the City Manager or earlier termination of this Agreement by either party, no portion of any payment made under this Agreement is refundable to the Permittee. B. This Agreement is for a term of one (1) year. At the end of the initial term, this Agreement renews automatically for up to four (4) successive annual terms upon the payment of $70.00 by the Permittee, unless Permittee, or the City provides written notice of intent not to renew to the non -terminating parties at least 60 days before the end of any annual term. UPA Breckenridge Group Corpus Christi Phase 11, LP. Page 1 of 7 access to the Use Privilege Area to perform an assessment, make repairs, or take any other action deemed necessary by the City. Determination of the extent of damage and repairs necessary to restore the utility line(s) shall be made by the City Manager. All costs of the City associated with said damage and repair, including labor and materials, shall be paid by Permittee within 30 days of the City's invoice. L. Should construction become necessary near existing water or wastewater lines, Permittee shall take every precaution not to disturb the soil surrounding any such lines, including all thrust blocks. M. If any approved work is conducted near any existing water main, it shall be done under the inspection of a City inspector at a daily rate of three -hundred ten dollars and thirty-five cents ($310.35) for each day spent inspecting construction, installation, maintenance, repair, removal, or replacement in the Use Privilege Area. A half-day, being four hours or more of work time by the City inspector, constitutes a whole working day for purposes of calculation. Any time in excess of eight hours a day, or on Saturday, Sunday or holidays, shall be calculated at a daily rate of fifty-eight dollars and eighteen cents ($58.18) per hour. Any assessed inspection fees shall be paid by the Permittee to the appropriate City department within 30 days of the City's invoice. These amounts will be adjusted annually each year on August 1 to reflect any pay increases that may be attributable to the rates charged. N. At any and all times Permittee shall be solely responsible for the repair and maintenance of the Wastewater Line and Use Privilege Area, including any costs associated with damage occurring due to natural weather elements/occurrences or man-made forces. Should damage occur to the Wastewater Line or Use Privilege Area, regardless of the type of damage, Permittee shall immediately repair the damage upon notice by the City. Failure to so repair terminates this Agreement immediately without any further action needed on the part of the City. O. Permittee shall repair, or cause to be repaired, any damage to driveways, culverts, head walls, landscaping, sidewalks, curbs, gutters, and any other structure, public or private, resulting from or caused by reason of construction, installation, maintenance, repair, removal, replacement or operation of the Underground Fiber Optic Cable and Use Privilege Area. P. If a trench, pit, or other excavation is required during approved construction, no trenches, pits, or other excavation, other than bore pits, shall be left open overnight, except as specifically authorized by the City's Director of Development Services and City's Engineer. Bore pits are not allowed open for a period of longer than 14 calendar days, regardless of location. All trenches, pits, or other excavations, other than bore pits, shall be backfilled by the Permittee promptly and in accordance with current City standards and specifications and as per the City inspector's request. All trenches, pits, and other excavations, including bore pits, shall be barricaded by the Permittee in UPA Breckenridge Group Corpus Christi Phase 11, LP. Page 4 of 7 669-8344), and any other required agency or authority. Additionally, at least 48 hours prior to beginning any approved construction, Permittee shall give notice and verify depth and location of communication lines or communication fiber optic cables, whichever is applicable, to the following: • City Utility Departments, including Water, Storm Water, Wastewater and Gas; • American Electric Power (AEP); • American Telephone and Telegraph (AT&T); • CenturyTel; • Time Warner; • Grande Communications; and • Any and all other certified telecommunications providers. A City inspector may request a utility line be uncovered to verity its depth or location. I. Any construction process and use of the Use Privilege Area by Permittee shall not interfere with the construction, installation, operation, maintenance, repair, removal or replacement by the City or any of its agents, contractors, or franchisees of any existing or future proposed sidewalks, utility lines, or other uses. If the City or any franchisee with utilities currently located in said public right-of-way needs access to the right-of-way, Permittee shall pay for removing or relocating the Underground Fiber Optic Cable in the Use Privilege Area to allow access to utility lines for maintenance, repair, removal, or replacement of the utility lines. The Permittee shall repair the Use Privilege Area to its original condition or cease to use the Use Privilege Area, at which time this AGREEMENT terminates immediately. J. Traffic Engineer requirements pertaining to this Agreement, if applicable in context: 1. At least 48 hours prior to commencing approved construction, the Permittee shall file and obtain approval for a traffic control plan with the City's Traffic Engineer. No closure or barricading of a public right-of-way or any portion of a public right-of-way may occur before approval of the traffic control plan and, if applicable, approval of a detour or barricade plan has been obtained from the City's Traffic Engineer. 2. Should Permittee require a trench, pit, or similar excavation be dug during approved construction, the Permittee shall file and obtain approval for barricading said trench, pit, or excavation in accordance with the Texas Manual on Uniform Traffic Control Devices from the City's Traffic Engineer. [See paragraph "P" of this Agreement for additional requirements regarding trenches, pits and similar excavations.] K. If, as determined by the City Manager, damage occurs to any gas, water, storm water, or wastewater line, Permittee shall allow the City immediate UPA Breckenridge Group Corpus Christi Phase 11, LP. Page 3 of 7 C. This Agreement may not be assigned by Permittee, either individually or collectively, without the City Manager's prior written consent. Any appropriately approved assignment of this Agreement shall cause all terms and conditions of this Agreement to become binding upon said successor, or assign. D. The Permittee shall acquire and maintain at all times for the term of this Agreement insurance coverages pertaining to the Use Privilege Area granted under this Agreement and the activities authorized by this Agreement. The types of required insurance coverages must be in the minimum amounts set forth in the attached Exhibit "B," the substantive content of Exhibit "B" being incorporated by reference into this Agreement as if fully set out here in its entirety. The insurance policies must name the City as an additional insured and may not be canceled, renewed, or materially changed by Permittee unless at least ten (10) days advance written notice has been provided to the City. Upon the City Manager's written request, Permittee shall provide copies of all requested insurance policies to the City's City Attorney. Notwithstanding the foregoing and the content of Exhibit "6", Permittee shall only be required to acquire and maintain workers' compensation insurance to the extent that Permittee has employees. E. Should construction be deemed necessary by Permittee in the Use Privilege Area, construction plans and specifications for all proposed work shall be submitted in advance by the Permittee to the City's City Engineer for approval prior to beginning the construction process. The plans must show the depth, and location of the proposed construction and distance from existing water, storm water, wastewater, and gas lines. The Permittee shall also comply with any other laws, rules, regulations, and ordinances applicable to construction in the City and in the public right-of-way, including obtaining all required permits. F. Prior to the start of any approved construction, Permittee shall require every contractor and subcontractor to provide a Certificate of Insurance reflecting insurance in coverage amounts as set forth in Exhibit "B", and that all subcontractors of Aspen Heights Construction, LLC. shall be required to carry worker's comp coverage. Additionally, Permittee shall require their contractors and subcontractors to indemnify the City, its officers, officials, employees, representatives, agents, licensees, and invitees in the same manner that Permittee has provided indemnification to the City pursuant to this Agreement. G. Permittee shall provide all necessary and proper safety devices so as to prevent injuries or accidents in the Use Privilege Area, in as much as possible. H. At least 48 hours prior to beginning any approved construction, Permittee shall contact 1-800-DIG-TESS and the Lone Star Notification Center (1-800- UPA Breckenridge Group Corpus Christi Phase 11, LP. Page 2 of 7 CRY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi ordinance 17112, as amended, requires all persona or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question Is not appacable, answer with 'Wk. FIRST NAME: ke v+d 6rAl (arC GLv;stn Pio-r` 11. LP STREET: 1301 -C C +p I . f 1--7.4e-B--.)I CITY: 4-s#4,1 . 75( aft )87 y6 FIRM IS: 01. Corporation B2: Partnership []3. Sole Owner 04. Association _ Other DISCLOSURE QUESTIONS If adat:3nel space is necessary, ply use the reverse aide d title page orattach separate sheet. 1. State the names of each 'employee of the City of Corpus Christ hawing an 'Waxes* interest' constituting 3% or more of the ownership in the above named VW'. Noma Job Title and City Department (if known) 2. Slate the names of each 'official' of the City of Corpus Christi having an "ownership krterear mrtadtutlng 3% or more of the ownership In the above named Yum'. Name Title 3. State the names of each 'hand member" etre City of Corpus Christi having an owrrru side interest' constituting 3% dr more of the ownership In the above named 'fine'. Name Board, Commission, or Convre 4. State the names of each employee or officer of a'consuttent' for the City of Carpus Christi who worked on any ratter related to the subject of this contract and has an 'ownerdrtp Interest' constituting 35 or more of the ownership In the above named 'fine. Name Consultant CERTIFICATE I certify that ail Information provider/ is true and correct es of the date of this abatement, that I have not knowingly wittf &d disclosure of any Information requested; end that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Parson: r ry. Title: /!14,1 7.1u dC. teiCru( /} f-.rar- (Type or Prird) Signature of Certifying _ Date: 3/ N/1.S EXHIBIT C H. It is agreed that Permittee'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. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2014 ins req. Development Services — Installation of Fiber -Optic Cable Pertmits 11/13/2014 ds Risk Mgmt. B. Permittee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Permittee'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. Permittee shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Permittee 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 D. Permittee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed 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, Successful Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Permittee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Permittee'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 Permittee to stop work hereunder, and/or withhold any payment(s) which become due to Permittee hereunder until Permittee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Permittee may be held responsible for payments of damages to persons or property resulting from Permittee's or its subcontractor's performance of the work covered under this agreement. ATTACHMENT EXHIBIT B INSURANCE REQUIREMENTS PERMITTEE'S LIABILITY INSURANCE A. Permittee shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Permittee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Permittee shall furnish to the Risk Manager or designee and Director of Development Services. two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate Commercial General Liability including: 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Permittees 7. Pollution/Environmental Impairment $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned $1,000,000 Combined Single Limit WORKERS' COMPENSATION EMPLOYER'S LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT. $500,000 / $500,000 / $500,000 C. In the event of accidents of any kind related to this project, Permittee shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Permittee 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. m X z w D . `r+.a`.w�v aw�wuvn�.• $ er out r -...r ., .r.., ...nr+w .**J ENRBINEERINN G 0' 5 DATA CONDUIT EXHIBIT WR -I- S DFINE CROSSING TA1�4FG'C SRIDENS Vialea#7 000 PIM SWATEB, P4{A*E 2 CE001.15 assn, TEx As *377 TO EMITS JOSENI a *13 WILLIAMS DRIVE DRAW MY lf.A. ';'. i.%-• 4 t. 911. • t ?� )ES7?0 N_n DATI AUG 104 1 2-6 CDNOUITS- z -1 i 42" DEEP- W�r -i Y\ f J P 1 7. M C70 ' ,a -,4,'i Y aX ENRBINEERINN G 0' 5 DATA CONDUIT EXHIBIT WR -I- S DFINE CROSSING TA1�4FG'C SRIDENS Vialea#7 000 PIM SWATEB, P4{A*E 2 CE001.15 assn, TEx As *377 TO EMITS JOSENI a *13 WILLIAMS DRIVE DRAW MY lf.A. ';'. i.%-• 4 t. 911. • t ?� )ES7?0 N_n DATI AUG 104 EXHIBIT A-1 LOATI1 MAP N.TIS. T OWNNW ACOOKu>Vum.Vw2V.o\4402-0v. BAN.ay ...pea by fl dr a, a/n/xu na.0 PO g 1 A U W --+-W W M W Pt Gy� WILLIAMS DRIVE I 1 ien Trpc[s QS r URBAN ENGINEERING DATA CONDUIT EXHBIT WILLIAMS DIVE CROSSING TAM -CC STLEPEIr HOLISM 090 FIVER ESTATES, PHASE 2 conns cHRIS11. TEXAS PRE111Yn MOD v.^ NOP PCP COOMPOCION /ewe M POW MOW r. .OMO Pt 1ElW R4 NO. Ili DRAWN: ICY MI M MTh !IIIMIS IMMI=MIN- _�.�. 11=== ' _.-■—•- =.�1111— =E= — .M� — DATE: AUG 2014 C 2-6' CONDUITS-' A3 1 =, n 4 r Ni v ='N = -c -o / ; J g 1 D 1 5 N z f a ( co A L (UNIT \ o 36' DEEP (I _,__, O 4 r rZr1 m -- A U W --+-W W M W Pt Gy� WILLIAMS DRIVE I 1 ien Trpc[s QS r URBAN ENGINEERING DATA CONDUIT EXHBIT WILLIAMS DIVE CROSSING TAM -CC STLEPEIr HOLISM 090 FIVER ESTATES, PHASE 2 conns cHRIS11. TEXAS PRE111Yn MOD v.^ NOP PCP COOMPOCION /ewe M POW MOW r. .OMO Pt 1ElW R4 NO. Ili DRAWN: ICY MI M MTh !IIIMIS IMMI=MIN- _�.�. 11=== ' _.-■—•- =.�1111— =E= — .M� — DATE: AUG 2014 nowtownirsommeswomorg JENNI SIMMONS '__ Notary Public, State of Texas My Commission Expires at1,„4�a���;;i° March 05, 2016 EXECUTED IN DUPLICATE this day of , 20 ACCEPTED BY: CrefHenry, Manager of General Partner Breckenridge Group Corpus Christi Phase II, LP ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF TRAVIS This instrument was acknowledged before me on ch 2015, by r,9, i. -r (tE (i elof Breckenridge Group Corpus Christi Phase II, , a Tex -els limited p tnership, on behalf of said company. ATTEST: Rebecca Huerta Not ry Public's Signature CITY OF CORPUS CHRISTI Daniel M. Grimsbo, P.E. City Secretary Director, Development Services Department APPROVED AS TO LEGAL FORM: , 2015 Julian Grant Sr. Assistant City Attorney for the City Attorney UPA Breckenridge Group Corpus Christi Phase 11, LP. Page 7 of 7 ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS. T. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signatures. U. Unless otherwise stated in this Agreement, any notice required or permitted to be given under this Agreement must be in writing and sent by certified mail, return receipt requested to the following addresses: If to Permittee: If to the City: Breckenridge Group Corpus Christi Phase II, LP. 1301 S Capital of Texas Highway, Suite B201 Austin, Texas, 78746 City of Corpus Christi Attn: Director, Development Services Department P. O. Box 9277 Corpus Christi, TX 78469-9277 Any party shall, by notice to the others in accordance with the provisions of this paragraph, specify a different address or addressee for notice purposes within 10 days of any address change. V. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created pursuant to this Agreement are performable in Nueces County, Texas. Venue for all actions arising from, out of, or related to this Agreement must be brought in Nueces County, Texas. W. The Permittee further agree, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the "Disclosure of Interests" form attached to this Agreement as Exhibit "C." Completed versions of Exhibit "C" by Permittee form a part of this Agreement and are incorporated by reference into this Agreement as if set out here in their entireties. X. This instrument, including exhibits, constitutes the entire agreement between the City and the Permittee, and no prior written, oral, or contemporaneous promises, warranties, or representations shall be binding upon any parties. This Agreement may only be amended by written instrument signed by the City and Permittee and approved as required by City law. UPA Breckenridge Group Corpus Christi Phase 11, LP. Page 6 of 7 accordance with the Texas Manual on Uniform Traffic Control Devices and as approved by the City's Traffic Engineer. [See paragraph "J.2." for additional requirements pertaining to trenches, pits, and other excavations.] Q. If backfilling becomes necessary, all backfill, specifically including that in and around existing utilities, shall be made by Permittee according to current City standards and specifications and as required by a City inspector. R. Use of the Underground Fiber Optic Cable authorized by this Agreement is strictly limited to serving Phase 1 (Oso River Estates) and Phase 2 (Oso River Estates Unit 2) properties in the Use Privilege Area. Permittee shall not provide, nor permit anyone else to provide or receive, service through said Underground Fiber Optic Cable or at any facilities within the City other than the properties specifically included in this Agreement without first obtaining a franchise from the City. S. INDEMNIFICATION. PERMITTEE, THEIR RESPECTIVE OFFICERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSEES, (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SUBPARAGRAPH AS "INDEMNITORS") SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, OFFICIALS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSEES, AND INVITEES, ("INDEMNITEES"), AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES, (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), PROPERTY LOSS, OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH, THE USE OF THE PROPERTY UNDER THIS AGREEMENT, INCLUDING SAID INJURY, LOSS OR DAMAGE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM INDIVIDUALLY. INDEMNITORS SHALL, AT INDEMNITORS' OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND UPA Breckenridge Group Corpus Christi Phase 11, LP. Page 5 of 7 AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of March 24, 2015 Second Reading Ordinance for the City Council Meeting of March 31, 2015 DATE: 2/2/2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Approval of Ordinance to reimburse VOJO Ventures, LLC. for the shared cost to construct Bridge CAPTION: Ordinance appropriating $3,294.94 of interest earned in the No. 4730 Infrastructure Fund and transferring to and appropriating in No. 3530 Streets CIP Fund; and appropriating $28,783.91 from the No. 4730 Infrastructure Fund to reimburse VOJO Ventures, LLC.; and approving $28,783.91 to reimburse the VOJO Ventures, LLC. from the No. 4730 Infrastructure Fund for the proportionate share of a future bridge construction and supporting public utility infrastructure as required to plat The Coves at Lago Vista Unit 1. PURPOSE: Approval of Ordinance to reimburse VOJO Ventures, LLC. for the shared cost to construct a bridge for The Coves at Lago Vista Unit 1. BACKGROUND AND FINDINGS: On January 31, 2006, the City of Corpus Christi (the "CITY') accepted $28,783.91 from The Lakes at King Estates as payment in lieu of The Lakes at King Estates, Inc. obligation to pay its proportionate share of a future bridge construction (hereinafter, "the required improvements"), and supporting public utility infrastructure as required to develop and plat The Coves at Lago Vista Unit 1. On January 31, 2006, the CITY entered into a deferment agreement with The Lakes at King Estates Inc. for The Coves at Lago Vista Unit 1 and deposited $28,783.91 in an interest-bearing account and total sum, both principal and interest, to be made available to the CITY solely for the construction of the required improvements. On April 14, 2014 the CITY entered into a participation agreement with VOJO Ventures, LLC. in the amount of $171,451.95 to extend and construct South Oso Parkway including its proportionate share of the future bridge construction and related storm water improvements required to develop and plat The Coves at Lago Vista Unit 3B. VOJO Ventures, LLC. has completed the required improvements and supporting public utility infrastructure for The Coves at Lago Vista Unit 1, and the public improvements were accepted by the CITY on October 22, 2014. The initial deposit of $28,783.91 from The Lakes at King Estates Inc. has accrued $3,294.94 in interest earnings. This ordinance as presented will streamline the required transfer of the deferment agreement amount to reimburse VOJO Ventures, LLC. for completing the required improvements and supporting public utility infrastructure for The Coves at Lago Vista Unit 1. VOJO Ventures, LLC, completed the bridge and the public improvements were accepted by the CITY on October 22, 2014. ALTERNATIVES: Denial of Ordinance OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: VOJO Ventures, LLC. constructed the bridge and supporting public improvements for The Coves at Lago Vista Unit 1. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance OMB FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X No. 4730 Infrastructure Trust Fund Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $32,078.85 $32,078.85 Encumbered / Expended Amount 0.00 0.00 This item $32,078.85 $32,078.85 BALANCE 0.00 0.00 Fund(s): Bridge Construction (4730-21319-717) — Security $28,783.91, interest $3,294.94 Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Deferment Agreement -The Lakes at King Estates, Inc. Participation Agreement-VOJO Ventures, LLC. ORDINANCE APPROPRIATING $3,294.94 OF INTEREST EARNED IN THE NO. 4730 INFRASTRUCTURE FUND AND TRANSFERRING TO AND APPROPRIATING IN NO. 3530 STREETS CIP FUND; AND APPROPRIATING $28,783.91 FROM THE NO. 4730 INFRASTRUCTURE FUND TO REIMBURSE VOJO VENTURES, LLC.; AND APPROVING $28,783.91 TO REIMBURSE THE VOJO VENTURES, LLC. FROM THE NO. 4730 INFRASTRUCTURE FUND FOR THE PROPORTIONATE SHARE OF A FUTURE BRIDGE CONSTRUCTION AND SUPPORTING PUBLIC UTILITY INFRASTRUCTURE AS REQUIRED TO PLAT COVES AT LAGO VISTA UNIT 1. WHEREAS, On January 31, 2006, the City of Corpus Christi (the "CITY') accepted $28,783.91 from The Lakes at King Estates as payment in lieu of The Lakes at King Estates obligation to pay its proportionate share of a future bridge construction (hereinafter, "the required improvements"), and supporting public utility infrastructure as required to develop and plat The Coves at Lago Vista Unit 1. WHEREAS, On January 31, 2006, the CITY entered into a deferment agreement with The Lakes at King Estates for The Coves at Lago Vista Unit 1 and deposited $28,783.91 in an interest-bearing account and total sum, both principal and interest, to be made available to the CITY solely for the construction of the required improvements. WHEREAS, On April 14, 2014 the CITY entered into a participation agreement with VOJO Ventures, LLC. in the amount of $171,451.95 to extend and construct South Oso Parkway including its proportionate share of the future bridge construction and related storm water improvements required to develop and plat The Coves at Lago Vista Unit 3B. WHEREAS, VOJO Ventures, LLC. completed the required improvements and supporting public utility infrastructure for The Coves at Lago Vista Unit 1, and the public improvements were accepted by the CITY on October 22, 2014. WHEREAS, The initial deposit of $28,783.91 from The Lakes at King Estates has accrued $3,294.94 in interest earnings. WHEREAS, This ordinance as presented will streamline the required transfer of the deferment agreement amount to reimburse VOJO Ventures, LLC. for completing the required improvements and supporting public utility infrastructure for The Coves at Lago Vista Unit 1. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Interest earnings of $3,294.94 from The Lakes at King Estates is appropriated and transferred from No. 4730 Infrastructure Fund to 3530 Streets CIP Fund. SECTION 2. Security held from The Lakes at King Estates authorized by Motion 2006-026 in the amount of $28,783.91 is appropriated for reimbursement to VOJO Ventures, LLC. for completing the required improvements and supporting public utility infrastructure for The Coves at Lago Vista Unit 1. SECTION 3. Reimbursement to VOJO Ventures, LLC. in the amount of $28,783.91 is approved from the No. 4730 Infrastructure Fund for the completion of required im provements. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor BRIDGE CONSTRUCTION DEFERMENT AGREEMENT STATE OF TEXAS COUNTY OF NUECES § This Agreement is entered into between the City of Corpus Christi, a Texas home rule municipality, 1201 Leopard Street, Corpus Christi, Texas 78401 (hereinafter "City") and The Lakes at King Estates, Inc., a Texas corporation, 3756 Bratton, Corpus Christi, Texas 78413 (hereinafter "Developer"). WHEREAS, the plat of The Coves at Lago Vista Unit 1 (Exhibit 1), approved by the Planning Commission on August 24, 2005 provides for the construction of a bridge structure over a drainage easement channel along the southern boundary of the subdivision; WHEREAS, Developer in compliance with the City's Platting Ordinance, has filed a plat to develop a tract of land "The Coves at Lago Vista Unit 1" herein called "Development"; WHEREAS, Developer agrees to construct infrastructure and related site improvements in accordance with the City approved construction plans and specifications; WHEREAS, a portion of the southern boundary of the above-described Development is situated adjacent to an existing drainage right-of-way and drainage outfall along the southern boundary of; WHEREAS, the Platting Ordinance requires Developer to pay its proportionate share of future bridge construction (hereinafter 'the required improvements") across said drainage right-of-way and drainage channel as shown on Exhibit 2; prior to the time that the above said plat of the Development is filed for record; WHEREAS, due to the uncertainty of when the property south of the drainage right-of- way will be platted and the developer thereof be required to contribute to the construction of the bridge and the City providing funding for its share of the construction costs as stipulated in the City's Platting Ordinance Section IV A 16 (1) (2), it is the City's desire to have said bridge be constructed at a future date with Developer's share of the cost as shown on Exhibit 3; WHEREAS, Developer will deliver a check payable to the City of Corpus Christi in the amount of Twenty-eight Thousand Seven Hundred and Eighty-three and 91/100 Dollars ($28,783.91), which is 110% of Developer's proportionate share of the estimated cost of constructing the required improvements, as shown on the cost estimate, which is attached hereto and incorporated herein as Exhibit 3; WHEREAS, the City Attorney and Director of Finance have approved this transaction; and NOW, THEREFORE. the City and Developer agree as follows: 2006-027 01/31/06 M2006-026 The Lakes at King Estates 1 of 5 Developer of The Coves at Lago Vista Unit 1 shall escrow funds equal to its proportionate share of the cost for future construction of a bridge across the drainage channel adjacent to The Coves at Lago Vista Unit 1 subdivision until the City causes said improvements to be constructed as a portion of an overall plan. The Developer shall deposit Twenty-eight Thousand Seven Hundred Eighty- three and 91/100 Dollars ($28,783.91) check with the City of Corpus Christi on or before the beginning of the City Council meeting to be held on January 31, 2006, which is 110% of Developer's share of the total cost of the bridge construction in compliance with the Platting Ordinance, as shown on Exhibit 3. Failure of Developer to deposit said funds as set forth herein shall make this Agreement null and void. 3 City shall deposit said Twenty-eight Thousand Seven Hundred Eighty-three and 91/100 Dollars ($28,783.91) shall be placed by the City in an interest bearing account and the total sum, both principal and interest, shall be made available to the City of Corpus Christi solely for the construction of the required improvements hereunder. Such funds shall not be used for any other purpose whatsoever. Developer is released from any further security adjustments if annual construction costs increase. As consideration for this release, Developer agrees to release the City from the obligation to refund any excess monies to the Developer if the deposited funds and accrued interest exceed the cost of construction. Any remaining balance of deposited funds and accrued interest will be deposited to the appropriate City fund for City's sole use. The Developer is further relieved of requirements to construct the aforementioned bridge improvements, unless the property to the south of drainage right-of-way plats and provides its share of constructing said bridge and the City provides funding according to the Platting Ordinance. The City's Director of Engineering Services, at Developer's expense, shall file this Deferment Agreement in the records of Nueces County. Neither party may assign this Deferment Agreement or any rights hereunder without the prior written approval of the other party. Any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by certified mail, and if given personally, by fax or certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted opposite the signature of such party. Any party may, by notice to the other in accordance with the provisions of this paragraph, specify a different address or addressee for notice purposes 2 of 5 This Agreement shall be construed under and in accordance with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County, Texas Lawsuits pursuant hereto shall be brought in Nueces County. t3. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached to this Agreement as Exhibit 4. 11. This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. When all original copies have been executed by the City, and at least two original copies have been executed by Developer, this Agreement shall become effective and binding upon and shall inure to the benefits of the parties and their respective heirs, successors and assigns. 3 of 5 EXECUTED in triplicate this day of ; ani , 2006. The Lakes at King Estates, Inc. 3756 Bratton Road Corpus Christi, Texas 78413 By: STATE OF TEXAS § COUNTY OF NUECES § Richard Voss, President This instrument was acknowledged before me on the 2STLday of Idt.t.t.A.4 yy 2006, by Richard Voss, President of The Lakes at King Estates, Inc, owner anti developer of The Coves at Lago Vista Unit 1 •``ger"�i', SUSAN t_. TANNY •. = Notary State of Texas any Comr<ssion ^xp,r-r, ;; i,Z; ` June 3, 2008 IC NOTARY PUBLIC, STATE QF TEXAS 4 of 5 ATTEST By: ARMANDO CHAPA, City Secretary CITY OF CORPUS CHRISTI ("City") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880-3500 Facsimile: (361) 880-3501 By: ORGE K. NOE City Manager APPROVED AS TO FORM: This day of , 2006. By: 1 , Gafy Tnith Assistant City Attorney For City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § Pr...,.2.0.01:92LAUTIOUtItts• IlY 1 D CFi;RfTAW This instrument was acknowledged before me on the fC t day of , 2006, by GEORGE K. NOE, City Manager for the CITY OF CORPUS CHRIST, a Texas municipal corporation, on behalf of said corporation. I. S A A — -.A.-0, -....- h A./. ei. ~4 TAMERA L RILEY I.' Cn�J 1�{ Notary Public `""""f, STATE OF TEXAS ..! My Comm. Exp. 05.26.2008 ti \ I (/'"- NOTARY PUBLIC, STATE OF TEXAS 5 of 5 CA :7 fr_ Ii1^:4s.n 14101 ft NEM I !ai f i/.'4 i• l _I •'f a S[• 'if in l �■ a a AMP a • 12 ill a• [• 1111r 115 ,..Il �f1I 1111= 411110 • 1,11/111 1`• a 1 ! al 1111 . !1� ( 1 a• f1( • a• 1,11111111111 11111= a it al r - Ili • a ,..M1 a[ • i1 1141 1d11111 • •Int ,411111,4r=111111111 [iC1 NI. a •' int•�f ['f'= i 111 f 1■ f=II= [its a ' Ml a1[ • ass 1111 Ii: a C i./lt i1 • >_ 11.111M I'' a 1 ' 1111:1 i[ -• •a1 111.1 AMI• 4 11 41/111 IYt a 1 • 11: =0.1.14 1•4211111 l... y•a f • 1f111 ri[`.if MUM 1-[1 1!1 -MEI 'f x115: f=/ [--.11. L...a '.a. :4. i1:'!•doom 1-.411111111.t:•all= •:M■"5'i[: Iela� [-1[ [: i ••. i1. ••a• •'i ■-.11••'.. i i1 f,11:' !• 1-1111...:5 '11411111 ',AMEN/ �[ •ii F. •.ia1 [vylili ut I•: •- I11'. it.CIONI /1111711-171111M :ate ■ 1e i Msw it ' r MB 1111=IN [-+�■: 4,411/ 1! -MI1 11 MlL 11111 a1 f _111rot11 t.!:1081 daI:.t.' a. 1a. c •t r-511 n inf...? [1111. to !'10If 711111!. re= 1 VAIN L: Y,a '•a[t,. MID ..141 MEM x"10 r- 0 MI If • 1. ie V- 41. a '•-OMR '4111=1 [' 1111 . i■ MIL:'..af MOM (_. 1•le •.ia • 10l 111. • • a1 11,11•1, •l a 1g,• ami 4` MENU ■-_ 1■ • •:a tel. • .i1 M 1- =MI/ t • a ■:_I a l 1a. • a r•11..a a'1■I . i (- 1/S a a 1( i s ewer a 1 1[ •i 1. :=1,0 iAr 1 1f i J ■lME k. 115 f-: 11IL1M'a 1-. •111LfV'a 11-A= 5 _. •,- i. 1. • SCC 111 • !•1 111 -1=111 • MST • i• e - 1•t 1l • i • i Ml • i1 M■ • • 51li 111 • i■ 011 1 i • AM1 • =RI •,i • M■'•..1f1 t =NM • MSir'ill !1 •. a/1 • 11 1 !, • a' 1111."•.: •_i • alt'. i[' •.- •ale .52. • SAll •. ..4110/::s- • Mll.il 108 -id, • alt' • SI a... •. INC • 1a. • ml 'Ira= • /(".•:11`41.- •:i•'!151:.41 ••••'.Ia11F-4' -4. a•r'5. ' •.. 5. • •01•11! • AMC01•1•1:• ABM r' - lr s! i•:: 5'i • a •Ili -A• i •`Ml!' 4z i/•`bad s.t 11.58: State of Taw County of Nueva TIE LAKES AT KING ESTATES, INC. dbo THE COVES AT LAM WS/A, h..by artless Mat H la am can..4 w lends em0eeer wren the bamdetss el the fender, Mob that It law heat .aid lathe eurvard end aubdhNed w shoots that drools Yawn an dedicated to lho use freer; PM wome 11e as drown an d.dwbd to ale pubic do M the addles operation and leas of outdo do nuttiest ad that ab asp was mode for the wipes at d e.Iption end dedaaan. Tin the _ coy of 20 By: INE LASES AT KING ESTATES, MG dna THE COVES AT 0400 NSTA Renal Voss, hedd.N Btat. of Tau. County of *.•.w y Tib NO ESTATES, t .Ig, Mnaw114E WS LAW RVISTAwnb01a11 of said a. .01)0 LAKES AT Kang ESTATES, sera. due edg COWS AT I the __ day of 20 Notary Public In and for The Std. of Te..m Slats of Tam County of (ileo. Tide 4lel plot approved by the Carpue CMer Maces County N.01h unit, any pshute water supply end/or ewer detain dol be approved by IM Corpus CMMi-Nueaae Count Herr Department prior to Mla10t0n. This the day of 20 isenind A. Jon's. Pubic Health EngliS• Manageru. Cerium CIw0tI, Maass County, Tem !til♦ .:�111,.7e4 .•1l-, t :M[ 114,111 ■,ol•f] 511.. .11. ' .1 •RIM =IP. •0 is aF e C:.C-A. [4as■ It/ IUMO. at .i iv an { • am • =I= 411111111. 1410.1 !IAA 0Off 4:A 14'1111 at '1 •1:1111 MIK • a MAIM ..eadi:l:a vadlow- tsoktli: ..%:C3 -.. Proposed Bridge Location Sheet Index: Not to scale Plat of The Coves at Lago Vista Unit 84.192 oar of bird out a' the south ant ha of Sdc1b. JI and oath ono la of SaLdh4 JZ Cosa" ram Tywdlt d mqa of Ma b ylro*Ad in Ws 4 Pop 1 Mqo Akan* o/ Mawr Coiiit Taw and INy a portion of Oa moody whoa M C.1 ?)w 1 to Orme anti Leal helm Auoodobo by IgaaW Rbosp• pro( soma h Ihbna 181% Popo 840 et seq., Dead Roma! of Mas County, Taro[ Rdd.& [) 7.001 platter ass contain. 84.192 acres of land. 2.) Set 5/8 Inch ran rack with rod plastic cap stomped 'URBAN ENDA C.C. TX - of all Lot contra, 0rcpt [hon noted 1.) The noshing watt for storm water runoff Is the Opo Cne0 Bash. Th. TCE0 hes not ala..IB.d the aquatic Rte we for 21. 010 Creek, but It is moognbal a. on .nMnmmanlady 1en1NM area The Coo peek Row directly Into the Opo Boy. 70. 10E0 has closeMed the aquatic life use for the Ow Boy es "exceptional' and 'oyster odors' and dao aetagah.d 1The meshing water a 'contact recreation' um. 4.) Bearing, an bawd on tinN, recorded plat o1 King Estate. Unit Ono, amp of which Is recorded In Volum. SG, Pogo 200, Mop Record. o1 Nue.. County, Texas. S.) By graphic plettM1 only, this property is In Zona '1111 (EI 14); 'B' and 'C' on flood Inevne. Rate Map. Community Panel No. 485464 0520 D. CRY of Carpue Chat, Teas, which bean on eeectln• dote o1 June 4, 1887 and it Is M o Speck), Flood Hazard Area 5.)Driveway separation along Ow Parkway South mud award 0 separation of not 11 than 150 fwd. 7.) The following proportion doll be prohibited from having driveway accord to Oeo Parkins Block 5, Lots 2. 7 and 21 B lock 4, Lot 5 Bled( 2, Lot 55 B lack 1. Lot 1 8.) D.voopment must, at a mlmnwm, comply with the conditions eat forth In the approved Spacial Prime (Zoning Cas. 0904-05). 8.) Lot 1, Block 5 and Lot 55, Block 2, are non -biddable lot.. 10.) Lot 5, Black 1 Is Designated oe a City Perk. Park improvements Including a parking area and pasalM0 park °mnlil, may be provided M Ilse of addltlonal lands 5•Ing dedicated es pork. !I1i"11'rt COUNTRY ^RFFh 57 / 41445, 57 KING'S CROSSING LOCATION MAP N.T.S. Stat. d T.... (fount), of Mao.. L Lars J. lalaser. a R.gMorwl Professional Lad Sunder for Ian Endowing. haw pr.percd ON fopakq map hen a Maley med. on the nd undo Ty Medan and Is true ..d cermet to the dr of my kno•1•da.- Inform/OW and 1540.1. I hate bean engape4 ander contract to 1t .1 Lot and Mod coma..halo roman end to aampNle ssah p.rdiano web due and reasonable Agnes .Rn•wound 1.1=1440 areeeW. Thie the -_- . day of Alan J. Salsa, R.P.LS. Texas 11anss No 4909 Slot. d T..0. Ceunly 0f M0.eas The Mal pot of Ire lean Waterbed property ass approved by tin. Dgatmalt of Ena1S.aNa Sella. of ON CRy of Coryw 0r11t This ih4 coy of 011910 It Escobar, P.E./R.P.LS. Director o1 E.g5abq Sank. Stale of Tara. County 01 Mord This Mal plot of m. newer d.aerbM t•opwty woo approved w b.h1l of In. City of Carpi/. Oehl Toes by the PNrsM Cannibal.. 1hM tin. _ on of 01.1084 N. Gunning Seeotay R. Bryan Stone, Chakmnn Stets .4 Taw County .4 Wass I. Diana T. Barrie. Ork of the County Cart Mad for sold County, de h.aby l that the fardoing m.banan! Mod N. _ day o0 20 with Its asrtof a8M.000.0.n we. red loo nerd In my office the _ day of 20 AT - O'clock _JP.. end duty ..004.01 Ma _ day at 20 at O'doce _hi.. In cold County M V.1'.OM _, PoS. Map Record.. 860... my had and oval .4 the County Court In and for odd County, at of/0. In Corpus Owlet, To.a., tho day and yea last written. Ma Fled for Record d 0'0104 _Jt 20 Diane T. Bar.. 091 County Court Nudes County. Tem By Deputy Diana 1. Baron, County perk Meow County, TON By deputy Exhibit 1 (URBAN'V1 00 era` .: 13 026A4.00 pp.4 A.wp�i wear / DRAWM BY: O EXHIBIT 1 (Page 1 of 4) (17 Jo Z a ud) 1 ivaIHXI r ' ur,wNwd r/J tnta,ec 2293 Rom out of M. South 1/2 of S.ctkn Jf LaurUu Form Root, t1.Po IS, MoD *wade of Mu e« Count/1 room {Oxer: Alorfo R. Mirfo) Flat of The Coves at Lago Vista Unit1 64.192 aro of And out of th south one hall o/ Seco 2/ and north one hath of *len 12 taws* Rom book o my d Odd Is headed it *AnM 1 Poyr 15. boo Refonk o/ Moo* Camp; Woe and beep o baton W bk n'ae'b canard by CE TivAfioh I k tape O,416 1rd NrMsr AssoaabMe by $ * Not tocorcbd 97 Ib*rne I69Q Ftgr SO et 8e4, Died boor* of V "ter ofej,' /, 150 100 50 0 700 It- 200 Graphic 1'- 100'o• At 1 Zone 'A11' Exhibit 1 Note. Sot Shoot I of 4 kr Woo end asr./4x Information 'URBAN, =law' NO. �M.00 An., SHEINGWANININGI Xi!ET z °X04 EXHIBIT 1 (Page 2 of 4) (17 Jo £ aud) i ZIaIHX1 D Zone 'c' /2Of4 4 Of 4 \ 4 r a Zone "A11' /� / t / / / / \ - sq antis l l Let 30111eek 40.6 Aane out of the Nath I/2 of S.effon .17 Load*. Fain Poeta Vol. 4 P. 14 trap Mea* of Mumma County,{ Tara. (Omer. fi. Labs of Kip Esfo7. Me.) Plat of The Coves at Lago Vista Unit 1 911192 germ e/ h d of of M. aorftlf ora *d of Brogan 31 ad north as hal o/ Swaim .I4 Lanka Farm Troch, o map W *k k r,ce'*d h Mane d Popo !J Hop Swords W Magma Comp; Tang ed bah a parka e/ the pope* emn)+d by CL TreAkdr Ito Capes OM/ Cold *dun *woofs& by Spada 'm4' • &Kt rwordad in Ilium, Tarot18 Pops I W et arr.,Dad Record d Propowd Bridge Location 45.583 Acorn out o/ fh. North I/2 of S.efMe 52 d s LounForm frees WI. Pp. IS Moo Plop.*R.oaof M.o.. r.01. (Omen fi. Lai*. of KMp Esfgf a Ma.) Exhibit 1 150 too 50 0 100 200 oroyyhk 0D' Seo1. 1.-1 Nob. 5*. Shoot 1 of 4 for Nobe and Cun-/LM. Information \r.15,'"1-11,..."°51LE URBAN' INCOMIEFING \ \ C' JOE NO.: J/OJJe A4.00 \m'grArrn MANN XC EXHIBIT 1 (Page 3 of 4) (17 Jo t' az.") I IIUIHX2I /71 rJln r r r \ Au Napsg, a g fa X411 Zon. •A„•; / / Lot so torr r/ sous / 44 lk 10 43.593 Apw out o/ ant Norm //1 o/ SootIon 32f Laurel*, .. fafiat. a9t3y OO -M Vol. 3 Po. to Map '\ \ \ / i 17- 'Icbsa Recce.* n/ Muilxwrtx texas — - 393.8 (0.n., 1M. Lek.. at Kirp Estates, Inc.) Zone .it• Plat of The Coves at Lago Vista Unit 1 81001 odor d k,d o4 of Be paint ow ha of Sootko 31 sld naM ono ft.V of 117 o1 3L Lambe Aims livotg o mg) of i. r000solsd Or *too ; Pep 14 Hp rwoaa a/ Midst C &ow1 Corpus O o ILord of r foocodstoo esn4. tp CE *odd Wady lMK Popo bM f req.. Gard *coo* of Num* Codo)I ram Exhibit 1 150 100 50 0 100 200 GlitiScSM c100. P. See awe I of 4 Aur NON u,W aalvl4s. MMbnr000n 'f URBAN\ DATE: Jut 22. 2006 SCALE: 1 .lar JOS NO.: 5603624.00 MEET: 4 of 4 DRAWN Sr: 110 EXHIBIT 1 (Page 4 of 4) 7:49:31 AM, CRR 1 001plans\BRIDGE.dwg, 1/24/ 0 w V) 5 C) 160 DRAINAGE ROW / TA 22+7_.__ C=4220 -. t' ._ 6_vT__"t'__T1UWALL HANDRAIL_. CONC. APRON -1 STRUCTURE AC',;ESS18LL — RAMPS -2er STA 22+78.36 TC =12.20 TC 12.20 1 A0 7 0 CONC. .DCI' CUI ARTS AK \ t� HANDRAIL 30YCONQ APRON 16B I 01 1 rI r I 9 20' 1 35' II HINT I4:1 MIN. SLOPE 0, 0 SI JD HANDRAIL HEADWALL ‘STRUCTURE � I I— 35' ' 20' . RM W10TH 4 1 MIN. SLOPE f r MAINT. r - PRELIMINARY BRIDGE PLAN VIEW SCALE. 1-=40' HORIZ 160' DRAINAGE EASEMENT HANDRAIL TC 13.60 80' TC 13.80 TC 13.60 3 os AQ. fL 6.00 PRELIMINARY BRIDGE PROFILE SCALE: 1"=40' HORIZ 1"=401 VERT. Ii TC 12.20 EXHIBIT 2 PRELIMINARY BRIDGE EXHIBIT FOR THE COVES AT LAGO VISTA Corpus Christi, Texas U\URBAN' ENGINEERING CORPUS CHRISTI, TEXAS / P.O. DOM 11303. CORPUS 011111511. 16A0 9400-1355 PRIM (311) 651-3101 PAX: (341) s4-1001 moOOPbmwlg.com nrn.uroaMllg•com JOB NO. 38035A4.00 CU/crr April 27, 2005 60 40 20 0 40 ■ • HIC SCALE 1'=40' 80 EXHIBIT 2 Eng: Chuck Urban By C.R.R_ PRELIMINARY COST ESTIMATE FOR BRIDGE IMPROVEMENTS FUTURE OSO PARKWAY COVES AT LAGO VISTA UNIT 1 July 1, 2005 Job No. 38035.A4.00 ITEM DESCRIPTION QUAN. QUAN. + UNIT 5% UNIT PRICE TOTAL COST A. BRIDGE IMPROVEMENTS: 1 '2" HMAC Including Prime Coat 480 j 504 SY $8.25 2 8" Cement Stabilized Caliche Base 480 504 SY $8.75 3 8" Lime Stabilized Sutgrade 6601 693 SY $4.00 4 6" 'L' Curb 322 + 338 LF $10.00 5 '5' Tied Sidewalk 1,680 r 1,764 SF $3.50 6 Handrail 240 252 LF $75.00 5 8'x5'x40' Concrete Box Culvert 1 + 1 LS $65,000.00 8 Headwalls 21 2 EA $18,000.00 9 'Compacted Backfill 1 1 LS $19,250.00 $4,158.00 $4,410.00 $2,772.00 $3, 380.00 $6,174.00 $18,900.00 $65,000.00 $36,000.00 $19,250.00 ESTIMATED BRIDGE IMPROVEMENTS TOTAL: per ordinace requirements add 10%: J ESTIMATED TOTAL + 10% Add 9% for Engineering and Testing: ESTIMATED TOTAL COSTS: 11 $160,044.00 $16,004.40 $176,048.40 $15,844.36 $191,892.76 Developer Defered Participation 7.5/50 x $191,892.76 = $28,783.91 Adjacent Property to South Share 7.5/50 x $191,892.76 = $28,783.91 City Participation 50 - 15 = 35/50 = 70% x $191,892.76 = $134,324.94 4 Total required for Letter of Credit Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 EXHIBIT 3 ir:40!) CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST ,t\ of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the C't to provide the following information. Every question must be answered. If the question is not applicable, answer with NIA.. See reverse side for definitions. )MPANY NAME The Lakes at King Estates, Inc. I` O. BOX: S 'REEF: 3756 Bratton CITY: Corpus Christi 1'RMIS ZIP: 78413 1. Corporation : X ) 2 Partnership ( ) 3. Sole Owner 4. Association ; ) 5. Other ( ) DISCLOSURE QUESTIONS It additional space is necessary, please use the reverse side of this page or attach separate sheet. 1 State the names of each •employee• of the City of Corpus Christi having an •ownership interest. constituting 3% or more of the ownership in the above named •firm.• N/A Name Job Title and City Department (if known) 2 State the names of each •offic ia1' 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 Name Board, Commission, or Committee 4 State the names of each employee or officer of a •consultant• for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an •ownership interest• constituting 3% or more of the ownership in the above named •firm.• N/A Consultant CERTIFICATE 1 certify that all information provided is true and correct as knowingly withheld disclosure of any information requested: and submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Richard Voss ypeorrn Signature of Certifying Person: Title: of the date of this statement, that 1 have not that supplemental statements will be promptly President A � Date: EXHIBIT 4 The Lakes at King Estates, Inc. 3756 Bratton Road Corpus Christi, TX 78413 PAY TO THE City of Corpus Christi ORDER OF TEXAS STATE BANK 555 N. Carancahua, Ste. 100 Corpus Christi, Texas 78478 88-901/1149 1148 1/24/2006 $ '*28,783.91 Twenty -Eight Thousand Seven Hundred Eighty -Three and 91/100 City of Corpus Christi MEMO Bridge Improvements Coves @ Lago Vista 11'00 L L 4 811' L L 4 9 0 9 0 L 31: il' S L 2399570 The Lakes at King Estates, Inc. City of Corpus Christi Texas State Bank OLLARS 1/24/2006 Bridge Improvements 1148 28,783.91 Bridge Improvements Coves @ Lago Vista 28,783.91 MOTIONS - 01/31/06 10. Motion authorizing the City Manager to execute a Bridge Construction Deferment Agreement with The Lakes at King Estates, Inc., (Developer), in the amount of $28,783.91 for the Developer's share for future construction of a public bridge over a drainage channel to serve The Coves at Lago Vista subdivision located south of FM 2444 (South Staples Street) and west of Oso Creek, in accordance with the Platting Ordinance. ATTEST: Armando Chapa, City Secretary Hry Garret, Mayor City of Corpus Christi M2006-026 Dora 2014015173 PARTICIPATION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home -rule municipal corporation, acting by and through its City Manager, or his designee, and VOJO Ventures , LLC ("Owner"), a Texas Limited Liability Company. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being 28.41 acres of land out of the North 1/2 of Section 32, Laureles Farm Tracts, (the "Property"), and the Owner desires to develop and plat the Property designated on Exhibit 1 of this Agreement, which exhibit is attached to and incorporated in this Agreement by reference, to be known as The Coves at Lago Vista Unit 3B ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to extend and construct South Oso Parkway from its existing terminus, approximately one hundred sixty (160) feet north of King Estates Ditch, south to Oso Creek and including bridge improvements as depicted on and in accordance with the improvement requirements set forth on Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by the Owner in conjunction with the Owner's final Plat; WHEREAS, Chapter 212 of the Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement is made pursuant to the Local Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi. NOW, THEREFORE, in order to provide a coordinated public street construction and improvement project, the City and the Owner agree as follows: A. The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. B. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Owner will construct the Roadway Extension for and on behalf of the City in accordance with the plans and specifications approved in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and confirm the total cost estimate for construction of the Roadway Extension, which estimate is attached to and incorporated in this Agreement as Exhibit 3 (the "Cost Estimate"). Subject to the limitations set forth below, the Owner shall pay a portion of the costs of construction of the Roadway Extension. Further, subject to the limitations set forth below, the City shall pay the remaining portion of the costs of construction of the Roadway Extension, designated as the total amount reimbursable by the City on the Cost Estimate. C. Notwithstanding any other provision of this Agreement, the total amount that the City shall pay for the City's agreed share of the actual costs of the Roadway Extension shall not exceed $171,459.95. D. The City shall reimburse the Owner a pro rata portion of the City's agreed costs of the Roadway Extension monthly, based on the percentage of construction completed less the Owner's pro rata portion and contingent upon submission to the City of an invoice for the work performed. The invoices must be paid by the City no later than thirty (30) days following receipt of each monthly invoice. Such reimbursement will be made payable to the Owner at the address shown in section N of this Agreement. E. In accordance with the Texas Local Government Code, the Owner shall execute a performance bond for the construction of the Roadway Extension to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253 of the Texas Government Code. F. The Owner shall submit all required performance bonds and proof of required insurance coverage in accordance with applicable State and local laws. G. Owner shall submit standard construction contract documents to the City's Executive Director of Public Works for review and approval in advance of beginning any construction of the Roadway Extension. H. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify the Owner of any defect, deficiency, or other non -approved condition in the progress of the Roadway Extension. I. The Owner shall fully warranty the workmanship and construction of the Roadway Extension for a period of one year from and after the date of acceptance of the improve- ments by the City's Executive Director of Public Works. J. OWNER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM INDEMNITEES ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE VOJO Ventures, LLC —Coves at Lego Vista Unit 3B Participation Agmt vFinal 2 of 7 CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PLATTING AND CONSTRUCTION OF THE ROADWAY EXTENSION OF THE COVES AT LAGO VISTA UNIT 3B DURING THE PERIOD OF CONSTRUCTION, INCLUDING THE INJURY, LOSS, OR DAMAGE CAUSED BY THE CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. K. DEFAULT. The following events shall constitute default: 1. Owner fails to submit plans and specifications for the Roadway Extension to the City's Executive Director of Public Works in advance of construction. 2. Owner does not reasonably pursue construction of the Roadway Extension under the approved plans and specifications. 3. Owner fails to complete construction of the Roadway Extension, under the approved plans and specifications, on or before the expiration of 24 calendar months measured from the date this document is executed by the City. 4. Either the City or the Owner otherwise fails to comply with its duties or obligations under this Agreement. L, NOTICE AND CURE. 1. In the event of a default by either party under this Agreement, the non -defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. 2. After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice ("Cure Period") to cure the default. VOJO Ventures, LLC —Coves at Lago Vista Unit 3B Participation Agmt vFinal 3 of 7 3. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. 4. Should the Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Owner, at the address stated in section N, of the need to perform the obligation or duty and, should the Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Owner. 5. In the event of an uncured default by the Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: a. Terminate this Agreement after the required notice and opportunity to cure the default; b. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or c. Perform any obligation or duty of the Owner under this Agreement and charge the cost of such performance to the Owner. The Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Owner receives notice of the cost of performance. In the event the Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. 6. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Owner has all its remedies at law or in equity for such default. M. FORCE MAJEURE. 1. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insur- rections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. 2. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within 10 days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. VOJO Ventures, LLC -Coves at Lego Vista Unit 3B Participation Agmt vFinal 4 of 7 N. NOTICES. 1. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: If to the City: City of Corpus Christi Attn: Director, Development Services 2406 Leopard Street 178401 P. O. Box 9277178469-9277 Corpus Christi, Texas with a copy to: If to the Owner: VOJO Ventures, LLC 6838 Greenwood Drive Corpus Christi, Texas 78415 City of Corpus Christi Attn: Asst. City Manager, Business Support Services 1201 Leopard Street 178401 P. O. Box 9277178469-9277 Corpus Christi, Texas 2. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. 3. Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. O. Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Roadway Extension, contracts for testing services, and contracts with the contractor for the construction of the Roadway Extension must provide that the City is a third party beneficiary of each contract. P. In compliance with City of Corpus Christi Ordinance No. 17112, the Owner agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 4. Q. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Owner from and after the date of the last signatory to this Agreement. This Agreement expires 24 calendar months from the date this document is executed by the City, unless terminated earlier in accordance with the provisions of this Agreement. Such expiration date of this Agreement is presently anticipated, but not currently known, to be March 18, 2016. (EXECUTION PAGE FOLLOWS) VOJO Ventures, LLC -Coves at Lago Vista Unit 38 Participation Agmt vFinal S or 7 EXECUTED in one original this 1day of ATTEST: ebecca Huerta City Secretary Approved as to legal form: Julif fi Grant Senior Assistant City Attorney OWNER: VOJO Ventures, LLC , 2014. (o���js� • ..�. AIJ I tlVhir.e.. fr C.URCII... SECTARY ichard A. Voss Date Member STATE OF TEXAS § COUNTY OF NUECES § • This instrument was acknowledged before me on ,fLICLI 2014, by Richard A. Voss, Member of VOJO Ventures, LLC, a Limited Liability Company, on behalf of said company. Notary Public's Signa CATHERINE GARZA NOTARY PUBLIC Stale of Texas '' Comm. Exp. 12-05-2015 VOJO Ventures, LLC -Coves at Lego Vista Unit 3B Participation Agmt vFinal 6 of 7 letArdfF MJP Island, LLC By, Michael Johnson Member STATE OF TEXAS COUNTY OF NUECES Pig. /40 ?0/-- Date This instrument was acknowledged before me on -/2-* �, 2014, by Michael Johnson, President of MJP Island, LLC, a Limited Liability Company, on behalf of said company. Notary Public's Sign -cure CATHERINE GARZA t3OTARY PUBLIC SExptate at 12-05.24Texas 15 VOJO Ventures, LLC —Coves at Lago Vista Unit 3B Participation Agmt vFinal 7 of 7 1 State al leers Canty at Sheen re151 11CT[e5A RATIO/AL BASK, hinsby C 1,10. that it Idea o wee on Ilia property weed by THE LME5 AT KM6 ESTATES. NC. ba 11.E COMES AT LACO VISTA. 4 afw., an the foregone mop and 11 Own.. e1 Ili. inbehrerc 1 and dedication far No purposes ma .0'.4.atcfn therm ..pressed Tide the _ day of 20 B1• MST Vrl 1Qe0 NATIONAL BAN( Br RICK H. BFNAHt E1E5. 0.a Hce-Preagml Stele o1 Teem Canty al Huess the n.tn0.0nt erne adreomedeped boras res. e7 18CX H. BEISAH0E5 as Saab Volo-PlnAen! of FIRST HCTO IA 1AB0NAL BAf4. The the - der of -- - --__-- 20 eery Public in and for Nr Stole of Tope 51ate of Tilos COO. 1, el Sueua THE LAKES AT KING ESTATES, NC. dad TE 0506 AT L AGO VISTA, herby splines Not It i Ne amp o1 the lends embraced .Ilhn the boa..d01n of the fermiers) pall; that H hos hod sale Trues surveyed wa4 ..NaadN a menu that street..hoen cr dedicatee to me p.oec use epos: mat .aeerr.er.ts m ahem tea 0.0.0.100 to ms pubis use for the nNtllelto . operedan end u.. of pulwe .W1i.r aced that Use moo am mesh ler Ne purpose of *pepper and defection. This 1M _ day oI 20 Br THE AXES Al KIM ESTATES. INC. dao THE COVES AT LA00 HS•A By MC:MA 0 VOSS. President State of lease Canty el Name. Tide slaternent .., o.eledped before me by RIt%fARG VOSS, m President el THE LANES AT 0040 ESTATES, NCma 1110 COVES 07 LA00 H5TA, m whdl DT sold patnerrltp. Thi the _ day of 20 Pinny Public es aur for the State al Tea. Stale of Tease Canty 01 fences this Taal plat operand by the Capes 0.1.11 Nueme Canty Health land. any pieta wale ripply n4/a ane9..rate. 111.4 be op1wed bp m. 00Pua ThYN-Nuecrn Cosily Neat. Opanlent prior to ratpy0on, This tee _ day a1 20_ Plat of The Coves at Lago Vista Unit 3B 2M1 epee of Mx/ out of fie Math I/7 of Section Lwaks Fwm had; a mop IAT.Ash is recorded n Itt4m Age 15 asp Raw* of Mrecn Coma% Teras APPEtiOw14 ire 11 SR3 PLANNING COMMISSION Slates - 1,]. Total platted area cereal." 28.11 acres .l land. (Includes Street Dedication) 2.1 5,1 0/9 nc11 Iran rods with sea plaalk cap stamped *URBAN DIM CC. TX' at co let corners. moan! .lire noted 3.) The rereidn9 water tor the storm water runoff 4004. Oils property is the Oro Creek. The 10E0 has not classified the aquatic life use for the Oso Creek_ but It n r.co. iI»d as an environmentally sensitive area. The Oso Creek now directly into Ne Ree Bay. The 150 hos close/Ilea the aquatic Ole 140a far the Ova gay as "exceptions' and 'oyster water.' and categorizes the receiving eater as 'contact recreation' use. 4 ) Burners ore based an the retarded plat of ling Estates Unit 2, o mop al which le recorded kn Volume 57, 111:111 107-108, reap Records el Nueus County, Texas. 5.) By graphic plating only, this pr0oerty is . Zones `1411', 'B' and Flood Insurance Rote Yap, Community Panel No. 485494 0520 0. City of Carpus (Met Teras. which bean an effective date of .Are 4, 1087 and it Is partially located 'n o Special flood Hama Area. B.) The so041.l210n shad comply with a9 the candtIone set 111th In the approved Seecid Permit (Ordnance No. 027357). 7.) Marmon ynish.ed Floor 0.valfan must be .1 least 18' above fronting streets and/or above mnvnop bale flood elevation. 8.) The conveyance to my grantee of any tat within The Caves et Lago Nsla end! Include membership N the Homeowners Association, Mich assochtlm .Hall hold title la dl common areas . trio subdivision 9.)L,t 18, Blocs 12 Is a private park. 10)The Gly at Carpus Chrgll is not r.sponable fee drainage within the private lakes in Th. Coves at Lego 01sto Unit 39. The Hamea.ner'e Association .9? be revponsbte la any mergence,. and storm water discharge Flo the roceivrg waters. This responeb9dy dsa .dudes ensuring the storm voter gaylty that discharges into Im rec.lring waters empty with TCEO regulations. 1T) Driveway separation dal South Oso Parkway most average a separation of nal less than 150 feet. Exhibit 1 LOCATION M9P N.T.S. State of Tn.. County 01 Heroes B+Y hof plat of the heron dnebed mealy em approved by thr 41.p.rlmM1 of Meekemant 5rdca 0f Ne CIty el Cap,. Creel. Tsps. 1h. N. en/ cd 20 Rance 7 Couture. 9,E. Development Seem Engineer Stole al Tinos Caunly of muesn Tins IoW plat of the herein 11.emises presort, was Mamma m helical of lo. CR7 al Capua Owen, Term by the Plo.1hg Com.mUdaa This IM cloy of 20 wart Mon Heck P.E. Genal Nedram1 P.E. C.E.. Chanel Smeary Siete of lacca County of N..c.. L Dime T Bo. 00. Clerk of n. Canty Court In end for sed Calmly, do hereby ertIfy Nat We tamping Instrument dated the 007 el 20 .m. Ile certificate el authentication .aa Nee for record r any DM* th. _ day of 20 Al O'da4k _f. sea slily r.taded Im. Y,- day 01 29 at O'd.ce _It.. In sold County In Volume -. Pace Ulm 8Rorae ennui my rand ora ml of Ilia County Court, In and ha .old Comfy, a1 Mire n Carpue 0.1.41. Team, eho my cod ora leaf .11(10.. 4a ries fat Record Otey T. Banca. Comp Cie* keen Carats Tam 01 Iydcct _le 20 Br 0.901, Sta1• a1 lima Canty of Nyasa L Roth IS Weeks a Registered Profeseloal Land Severe lar Nom. Enereerino. have prepared the loreppeig 4.b from 0 survey mode an N. ground soda my 4rret0, oral N We dna mess la the met a1 my Ineeed50, roomette, end 0044 I ham be.t enb.rges under mntracl t. wt .4 Lot and Niers canes as sheen Mavn o.4 to canplate Net. dpp'Nons .4thaye=rd ?.o1444' �r cas4Nant .1N somal prelrpsn0. promo& 1 l this the der of 20�- JUN - 7 NB Keith M. 0110x. Thos License tie 5483 1 1 CIMURBA� leifIATE April 20. 2613 ENGINEERING t'er 03 calwls musk TOr a JOB NO.. 3803&92-° SHEET: 1 of 2 1 Page 1 of2'"`" 1 9 149 6 -54'59'51' 8.1063.24' 7..353.41' L.1020_50. 54: s=$5 Y C? tr 71,!. b 0 217 `!Q T 26 4k.1r'0 48 1 a a kb °� 27 4 7'4% X04 •9. '1* 4...'. ,w+' 61 564966 15 riki311 1,044 1'M A fq. I L Mil 111di,`tl •7 k4,. . 'E.,Mj, 1..® 10..0 1.7 11.41 w .1'9 64.4-44. 14 1 150 50 59 �fA J � " �JW N32'31.21i 24.73 4 00 1 Iv Plat of The Coves at Lago Vista Unit 3B MO ares o load ad of 109 M 1.h 1/7 o►.S9cLh1 .1z Lamar ram Trach a mop of 9a1 b nicc ded el Volans 4 Page 1S Y0p Rods of Mmcss Cm* Tams 4' 1: S:= +RNs 1.1 ac �q7 P27E 1.2 456'49'33% OIST414 9.90 163.2 1 41413 32I ^► 1 N -O*: re 4 W' nits °f ,n 1 3N46 .g 4 r � � f f," re, J f J!>II 19 PLANNING COMMISSION COW MTh 4111E opivs 147 0LNf-49CaFSN 14 GI 49'5717 410.00' 191.99' 357.47 C2 5026'0 450.Q0' 211.92' 39411' C379'00160V... 51314 40011' 159.65' 215.74' 04 9530'69' 20.00' 22.52` 33.34' C5 271706' 12500' 44-06• 17.05' 04 6112205' 250.00' 145.41' 26541' 07 5530'36' 277.00' 66-06' 170-44' CO 23'117'26' 120.00' 24 55' 41.43' C9 159'10'49' 60.10' 72 50' 27t41' 010 66'0r46' 60.00' 39.06' 6915' 011 2130't0' 30.00` 19.05' 27.05' 212 17'05.12' 260 O0' 246 75' 394 81' cu 6722'1; 300.00 261.54' 497 4r 214 35'54'43' 340.00' 110.11' 213.11' .'.15 3772'29' 34050' 11551' 221.e0' CIO 6740'09' ,300' 17.64' 26.91' 017 6749'09' 2000' 1764' 28.91' CIe 97'01'41' 263.00' I51.60' 402.52' 019 114'34'51' 24000' 333.72' 47996' C20 114'34'59- 51500' 33479' 42907' C21 271'06'3' 54.00' 6357' 402.20• C22 6733'14 7000' 4334' 77.65' 3. .2751'54' R.515.00' T-126.11' 1.4251.21' 200 Cenehla 1 13 .39 a. 517'31 D -04'29'24' 8.490.00' T-19.21' L' 31,40' 41001 35 �y' a P- 10 11 V..9 .11 46 14 1 1 A URBAN' ENGINEERING 0o..1,s C110m11. 10.1.5 53 • OAlt ilei 6, 2011 SCALE 1 -100' JOB NO» 36035.91. 00 SHEET. 2 of 2 DRAWN BY: AC 52 Exhibit 1 Page 2 07'2.,, I 3 I O , tr <111/41117--TC=12.75 160' DRAINAGE RIGHT OF WAY TOP HDWL=12.00 TOP OF CURB --\") Q 1 TOP HDWL=12.00 [_,,__TC=12.43 TC=12.10E FL=5.65 4: 8'x5'x50' BOX CULVERT (TYP.) 5-8'x5'x50' BOX CULVERT & HEADWALL PROFILE SCALE: 1 "=30' W ci EXHIBIT 2A IMuRe,e►n� ENGINEERING CORPUS CHRtS11, MICAS J nw No. Ili MB a.ra• L tips OM% A ANN MONO (361) 13.-3IOI MU pail •116-4 011 JOB NO. 38035.B2.00 8-9-13 CU/crr Exhibit 2 Page 1 of 2 o COVES AT LAGO l o VISTA UNIT 38 ▪ o 4' CONC. SIDEWALK OSO PARKWAY SOUTH CENIERUNE R.O.W. 6' 'L' CURB 160' DRAINAGE RIGHT OF WAY 5' TIED SIDEWALK 1,57.B'x5'x40" BOXES1_1 1 i WINGWALL/HANDRAIL 0 a n. 8 ' x 5' TIED SIDEWALK I WINGWALI./HANDRAIL TRANSITION TO EXIST. 8' HIKE/BIKE PATH CURB AND SIDEWALK ROW UNE I--------�------ ---------- -- co COVES AT LAGO VISTA UNIT 38 I TO CAYO DEL 050 8 COVES AT LAGO VISTA UNIT 1 TRANSITION TO EXIST. SIDEWALK R.O.W. LINE Ne -'L' CURB rn� xt n▪ 7 et et 01 11 11 AI AI I ▪ 1 . 4' CONE. i i g' SIDEWALK I MI 5-8'x5'x50' BOX CULVERT & HEADWALL PLAN VIEW SCALE: 1".30' EXIST. PAVEMENT 1 fLAGO VISTA DRIVE----- (EXISTING) i X44 a7-8' HIKE/BIKE PA ■ 1 I, 4' CONC. SIDEWALK EXHIBIT 2B AMURBAN` ENGINEERING CORPUS cHlISI1. TEXAS J n.w.. Id 917272.111 Own WWI 111 7\404 /7721= p4-3101 O'Mi 0111) tf4-4aoi JOB NO. 38035.82.00 8-9-13 CU/crr Exhibit 2 Page 2 of 2 Engineer: Chuck Urban, P.E. Cost Estimate Client: VOJO VENTURES, LLC for By: CRR THE COVES AT LAGO VISTA UNIT 3B 11-8-13 Job No. 38035.B2.00 ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL QUANTITES PRICE - COST A. STREET AND SURFACE IMPROVEMENTS: 1 Clear and Grub 29.84 AC $350.00 $10,444.00 2 Excavation -No Import 24,141 CY $5.00 $120,705.00 3 2" HMAC Including Prime Coat 5,888 SY $16.50 $97,152.00 4 1 1/2" HMAC Including Prime Coat i 5,287 SY $14.00 $74,018.00 5 6" Crushed Limestone Base 5,287 SY $12.50 $66,087.50 6 8" Crushed Limestone Base 5,888 SY $14.00 $82,432.00 7 3" Crushed Limestone Under Curb 863 SY $5.50 $4,746.50 8 Alternate - Geo -Grid Fabric in lieu of LS Subgrade 12,834 SY $5.25 $67,378.50 9 6" 'L' Curb 5,279 LF $13.30 $70,210.70 10 8' Concrete Sidewalk 11,545 SF $4.80 $55,416.00 11 4' Concrete Sidewalk 8,108 SF $4.50 $36,486.00 12 5' Concrete Valley Gutter 394 SF $7.00 $2,758.00 13 Street Sign 2 EA $500.00 $1,000.00 14 Street Barricade 1 EA $1,325.00 $1,325.00 15 3' Valley Gutter between lots 18-19 851 SF $7.00 $5,957.00 PAVING SUB -TOTAL: $696,116.20 B. STORM SEWER IMPROVEMENTS: 1 48" RCP 771 LF $117.00 $90,207.00 2 36" RCP 349 LF 585.00 $29,665.00 3 30" RCP 292 LF $60.00 $17,520.00 4 24" RCP 310 LF $46.20 $14,322.00 5 18" RCP 174 LF $39.00 $6,786.00 6 OSHA Trench Protection 1,895 LF $1.50 $2,842.50 7 5' Diameter Manhole 1 EA $4,350.00 $4,350.00 8 5' Slot Inlet 7 EA $3,000.00 $21,000.00 9 Type 'B' Manhole 2 EA $3,325.00 $6,650.00 10 30" Plug 1 EA $450.00 $450.00 11 Outfall Structure with velocity inhibitors 2 EA $6,415.00 $12,830.00 12 Intake Structure 1 EA $5,985.00 $5,985.00 13 Temporary Drainage Swale Excavation wl Stablization 1,470 CY $10.00 $14,700.00 14 Fill In Existing Swale and Compact in 6" Lifts 4,515 CY i $6,70 $30,250.50 15 Lake Excavation 42,000 CY $4.90 $205,800.00 STORM SEWER SUB -TOTAL: $463,358.00 C. WATER IMPROVEMENTS: 1 8" PVC C-900 1,431 LF $24.00 $34,344.00 2 6" PVC C-900 995 LF $21.00 $20,895.00 3 2" SDR 9 HDPE Pipe 471 LF $14.00 $6,594.00 4 8" Gate Valve and Box 2 EA $1,235.00 $2,470.00 5 6" Gate Valve and Box 2 EA $950.00 $1,900.00 6 2" Valve 4 EA $600.00 $2,400.00 7 6" Cap with 2" Tap Tee 2 EA $425.00 $850.00 8 8"x8"x6" Ductile Iron Tee 2 EA $475.00 $950.00 Exhibit 3 Page 1 of 3 Engineer: Chuck Urban, P.E. Cost Estimate Client: VOJO VENTURES, LLC for By: CRR THE COVES AT LAGO VISTA UNIT 3B 11-8-13 Job No. 38035.B2.00 ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL QUANTITES PRICE — COST 9 Fire Hydrant Assembly Complete In Place 8" Cap with 2" Blowoff Valve and Riser 3 EA $3,200.00 $9,600.00 10 1 EA $500.00 $500.00 11 8" Ductile Iron Ditch Crossing w/4 45 Degree Bends 1 LS $2,750.00 $2,750.00 12 Tie to Existing Service 1 EA $750.00 $750.00 13 Long Single Lot Service Connection 2 EA $685.00 $1,370.00 14 Long Double Lot Service Connection 5 EA $825.00 $4,125.00 15 Short Single Lot Service Connection 2 EA $675.00 $1,350.00 16 Short Double Lot Service Connection 10 EA $735.00 $7,350.00 WATER SUB -TOTAL: $98,198.00 D. SANITARY SEWER IMPROVEMENTS: Sanitary Sewer Service will be by individual on-site treatment systems. • E. MISCELLANEOUS IMPROVEMENTS: 1 Bonds and Insurance 1 LS $3,425.00 $3,425.00 3 CP&L Conduit- Street Lights 210 LF $13.00 $2,730.00 4 Construction Entrance 1 EA $2,350.00 $2,350.00 5 SWQMP3 1 LS $650.00 $650.00 6 Silt Fence 1,575 LF $2.00 $3,150.00 MISCELLANEOUS SUB -TOTAL: $12,305.00 r TOTAL ESTIMATED IMPROVEMENTS COSTS: 51,269,977.20 .I BRIDGE IMPROVEMENTS: 1 2" HMAC Including Prime Coat 504 SY $18.00 $9,072.00 2 8" Crushed Limestone Base 504 SY $17.50 $8,820.00 3 GeoGrid Fabric in lieu of Lime Subgrade 693 SY $7.00 $4,851.00 4 6" 'L' Curb 338 LF $14.00 $4,732.00 5 5' Tied Sidewalk 1,764 SF $5.25 $9,261.00 6 Handrail 252 LF $85.00 $21,420.00 7 5 Each 8'x5'x40' Concrete Box Culvert 1 LS $95,000.00 $95,000.00 8 Concrete Headwalls 2 EA $20,000.00 $40,000.00 9 Compacted Backfill 1 LS $21,000.00 $21,000.00 BRIDGE SUB -TOTAL: $214,156.00 i ESTIMATED TOTAL COSTS: 51,484,133.20 Exhibit 3 Page 2of3 PARTICIPATION/REIMBURSEMENT ESTIMATE FOR BRIDGE IMPROVEMENTS TO OSO PARKWAY SOUTH COVES AT LAGO VISTA UNIT 3B Aug. 9, 2013 Job No. 38035.B2.00 ITEM I DESCRIPTION QUAN. QUAN. + UNIT UNIT ' TOTAL COST 5% PRICE 1 A. BRIDGE IMPROVMENTS: 1 2" HMAC Including Prime Coat 480 504 SY $18.00 $9,072.00 2 8" Crushed Limestone Base 480 504 SY $17.50 $8,820.00 $4,851.00 3 8" Lime Stabilized Subgrade 660 693 SY $7.00 4 6" 'L' Curb 322 338 LF $14.00 _ $4,732.00 5 5' Concrete Tied Sidewalk 1,680 1,764 SF $5.25 $9,261.00 6 Handrail 240 252 LF $85.00 $21,420.00 7 5 Each 8'x5'x50' Concrete Box Culvert 1 1 LS $95,000.00 $95,000.00 $40,000.00 8 Concrete Headwalls 2 2 EA $20,000.00 9 Compacted Backfill 1 1 LS $21,000.00 $21,000.00 ESTIMATED BRIDGE IMPROVEMENTS TOTAL: $214,156.00 ENGINEERING, STAKING AND TESTING (10%): $21,415.60 ESTIMATED TOTAL COSTS; $235,571.60 DEVELOPER SHARE UNIT 3B 7.5/50 x $235,571.60: $35,335.74 PREVIOUS PARTICIPATION UNIT 1: $28,783.91 TOTAL ESTIMATED CITY PARTICIPATION/REIMBURSEMENT= $171,451.95 EXHIBIT 3 1 Urban Engineering Firm #145 2725 Swantner Corpus Christi. TX 78404 1-361-854-3101 Exhibit 3 Page 3 of 3 City of Corpus FE Christi talooltsmourragan DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Dcparunent of Development Services P O. Box 927 Copus Chnsti, Texas 78469-9.2T? (361)826.340 Located at. 2406 Leopard Street (t'rimer of Leopard SL end Port Ave 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". NAME: Vojo Ventures. LLC STREET: 6838 Greenwood CITY: Corpus Christi ZIP: 78415 FIRM Is: ® Corporation ❑ Partnership ❑ Sole Owner ❑ Association ❑ 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 NIA 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A 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 NIA 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 1111 N/A 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: Richard Voss (Print) Signature of Certifying Person: Title: Date: K 1DEVELOPMENTSVCS\S11AREDUAND DEVEL TENT RDINANEE ADMINIS1RA11oNYAPPLICA710N FORMSSFORMS AS PER LEGAL120I25DISCLOSURE OF INTERESTS STATEMENT1.2712DOC Exhibit 4 Page 1 of 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. "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 held" refers to holding or control established 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. K.IDEVELOPMEN7SVCSLSIIAREDLL.AND DEVELOPMENTORDINANCE ADMINISTRATIGMAPPLICATION FORMS\FORMS AS PER LEGAL 2012 DISCLOSURE OF INTERFSTS STATEMENTI2712DOC Exhibit 4 Page 2 of 2 Doc4 '?:] 1401517E3 t Pages 18 04/25/2014 2:44PM Official Records of HUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $83.00 Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color: Religion, Sex, Handicap, Familial Status, or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number sequence on the date and at the time stamped herein 69 me: and was duly RECORDED in the Official Public Records of Nueces County, Texas Diana T. Barrera ) gfillikaA-; AGENDA MEMORANDUM First Reading for the City Council Meeting of March 24, 2015 Second Reading for the City Council Meeting of March 31, 2015 DATE: March 6, 2015 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Reimbursement Ordinance for Bond 2014 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 one or more series of tax-exempt obligations to be issued by the City for authorized purposes in an amount not to exceed $99,495,000; authorizing other matters incident and related thereto; and providing an effective date. PURPOSE: The City is ready to award contracts associated with the Bond 2014 proposals approved by the voters on November 4, 2014. Since this will occur prior to the general improvement 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 4, 2014 the voters of Corpus Christi approved three bond propositions on the ballot. Those approved were as follows: Proposition 1 $55,000,000 Street Improvements Proposition 2 $44,495,000 Street safety, revitalization & capacity improvement projects Proposition 3 n/a Sale of Park Land In order to ensure timely completion of these projects, the City issued $8,000,000 of tax notes in April 2014 to fund the design work for the street improvements included in Proposition 1. Design work has been completed, and construction contractions are ready to be let. Bond proceeds will used to fund the completion of the projects. 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: Issuance of municipal obligations are exempted from the City's charter provision regarding dual reading and/or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTAL CLEARANCES: • Capital Programs • 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. 15 - 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 ONE OR MORE SERIES OF TAX-EXEMPT OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED PURPOSES IN AN AMOUNT NOT TO EXCEED $99,495,000; 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 4, 2014 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 $99,495,000 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 57181096.2 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- 57181096.2 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- 57181096.2 PASSED AND ADOPTED on the 31st day of March, 2015. ATTEST: City Secretary APPROVED THIS 31ST DAY OF MARCH, 2015: Miles Risley, City Attorney 57181096.2 S-1 CITY OF CORPUS CHRISTI, TEXAS Mayor The foregoing ordinance was read for the first time and passed to its second reading on this the 24th day of March, 2015, by the following vote: Nelda Martinez Chad Magill Lillian Riojas Mark Scott Carolyn Vaughn Brian Rosas Lucy Rubio Colleen McIntyre Rudy Garza, Jr. That the foregoing ordinance was read for the second time and passed finally on this the 31st day of March, 2015, by the following vote: Nelda Martinez Chad Magill Lillian Riojas Mark Scott Carolyn Vaughn Brian Rosas Lucy Rubio Colleen McIntyre Rudy Garza, Jr. PASSED AND APPROVED, this the 31st day of March, 2015. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor S-2 57181096.2 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 31st day of March, 2015, relating to establishing the City's intention to reimburse itself in an amount not to exceed $99,495,000 for public improvements throughout the City, which Ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 31st day of March, 2015. City Secretary (CITY SEAL) S-3 57181096.2 AGENDA MEMORANDUM First Reading for the City Council Meeting of March 24, 2015 Second Reading for the City Council Meeting of March 31, 2015 DATE: March 6, 2015 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Authorization for Issuance of General Improvement Bonds to finance voter -approved Bond 2014 Projects CAPTION: Ordinance authorizing the issuance of one or more series of "City of Corpus Christi, Texas General Improvement Bonds", as further designated by series, in an aggregate amount not to exceed $99,495,000; levying a continuing direct 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 and a purchase contract; complying with the letter of representations on file with the depository trust company; delegating the authority to certain members of the City staff to execute certain documents relating to the sale of the bonds; and providing an effective date. PURPOSE: On November 4, 2014 the citizens of Corpus Christi approved all three bond propositions included in the Bond 2014 election. The project cost associated for these propositions totals $99,495,000. This agenda item authorizes the issuance of up to $99,495,000 of General Improvement Bonds to fund the projects associated with these propositions, as well as the cost of issuance of the bonds. BACKGROUND AND FINDINGS: On November 4, 2014 the voters of Corpus Christi approved the three bond propositions on the ballot. Those approved were as follows: Proposition 1 Proposition 2 Proposition 3 TOTAL Amount Authorized $55,000,000 $44,495,000 n/a Projected tax increase Purpose per $100 valuation Street Improvements No impact Street safety, revitalization & capacity $0.021905 improvement projects Sale of Park Land No impact $99,495,000 $0.021905 In order to ensure timely completion of these projects, the City issued $8,000,000 of tax notes in April 2014 to fund the design work for the street improvements included in Proposition 1. Design work has been completed, and construction contractions are ready to be let. Bond proceeds will used to fund the completion of the projects. Because of the fluctuating conditions in the municipal bond market, our financial advisor has recommended that the City Council delegate to the City Manager, Deputy City Manager, Assistant City Manager for General Government and Operations Support, and the Director of Financial Services (i.e., "Authorized Representatives") the authority to effect the sale of the bonds subject to the following parameters: (1) the principal amount of each series of bonds may not exceed $99,495,000; (2) none of the bonds shall bear interest at a rate greater than 6% per year, and (3) the bonds must have a rating issued by a nationally recognized municipal securities ratings organization in one of the four highest rating categories. The City's bond counsel has confirmed that the City can delegate the sale of the bonds to the Authorized Representatives in the manner outlined above pursuant to the authority contained in Chapter 1371, as amended, Texas Government Code. 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'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: • Capital Programs • Bond Counsel • Legal Department FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - - - Encumbered/Expended amount of (date) - - - This item - $ 99,495,000 - $ 99,495,000 BALANCE - $ 99,495,000 - $ 99,495,000 FUND(S): CIP Fund (number to be determined after bond sale) COMMENTS: The financial impact of this item is consistent with the financing plan included with the adopted 2015 Capital Improvement Plan. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance DRAFT 03/04/2015 ORDINANCE NO. AUTHORIZING THE ISSUANCE OF ONE OR MORE SERIES OF "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BONDS", AS FURTHER DESIGNATED BY SERIES, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $99,495,000; LEVYING A CONTINUING DIRECT 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 AND A PURCHASE CONTRACT; COMPLYING WITH THE LETTER OF REPRESENTATIONS ON FILE WITH THE DEPOSITORY TRUST COMPANY; DELEGATING THE AUTHORITY TO 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) hereby finds and determines that general improvement bonds of the City, representing an allocation against the hereinafter described voted authorization in the total principal amount of $ (being the principal amount of $ and a portion of the premium of $ ), should be issued and sold at this time, being the first [and final] installment of general improvement bonds approved and authorized to be issued at an election held on November 4, 2014, the respective authorized purposes and amounts authorized to be issued therefor, amounts previously issued, amounts being issued pursuant to this ordinance, and amounts remaining to be issued from such voted authorizations subsequent to the date hereof being as follows: Date Voted Purpose Amount Authorized Previously Issued Bonds Bonds Issued Herein Premium allocated to Voted Authority Amount Unissued 11-04-14 Prop. 1: Streets, Bridges, Sidewalks, and Drainage $55,000,000 $0.00 $ $ $ 11-04-14 Prop. 2: Streets, Bridges, Sidewalks, and Drainage $44,495,000 $0.00 $ $ $ WHEREAS, the City Council intends to issue an aggregate principal amount of $ in general improvement bonds the proceeds of which will be utilized for the purposes of (i) making permanent public improvements and for public purposes as hereinafter described; and (ii) payment of the costs of issuance of the general improvement bonds; and 58287415.5 WHEREAS, the City Council hereby finds and determines that the issuance of the general improvement 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, TEXAS THAT: SECTION 1: Authorization - Designation - Principal Amount — Purpose — Delegation of Authority. General improvement bonds of the City, in one or more series, 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 BONDS, SERIES 2015" (the Bonds), for the purpose of (i) providing funds: to make permanent public improvements within the City for the purposes identified in the respective propositions approved by the City's voters at an election held on November 4, 2014 (the Election) and (ii) to pay the costs related to issuing the Bonds, all in conformity with the laws of the State of Texas, particularly Chapters 1251, 1331, and 1371, as amended, Texas Government Code, the Election, an ordinance adopted by the City Council on March 31, 2015, and the City's Home Rule Charter. As authorized by Chapter 1371, each Authorized Official is hereby authorized, appointed, and designated as the officers of the City authorized to individually act on behalf of the City in selling and delivering each series of Bonds authorized herein and carrying out the procedures specified in this Ordinance, including the following: (1) Aggregate principal amount of each maturity of the Bonds; (2) Rate of interest to be borne on the principal amount of each maturity; (3) Interest payment dates; (4) Extraordinary, optional, and/or mandatory redemption provisions; (5) Pricing of each series of Bonds, including use of premium, discount, underwriters' compensation, and costs of issuance; (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; (7) Dated Date (hereinafter defined); (8) Further designation of each series of Bonds by year issued and the number of similarly -secured series of bonds issued during the then -current calendar year; and (9) Selection of the bond insurer, if any, with respect to any series of Bonds, if determined by an Authorized Official to be advantageous to the City. Each series of Bonds issued under this Ordinance shall be issued within the following parameters: 58287415.5 - 2 (1) The total principal amount of all series of Bonds issued hereunder shall not exceed $99,495,000; (2) The maximum maturity for any series of Bonds issued hereunder shall be March 1, 2055; (3) On a combined basis by series (and not on a per maturity basis within a series), the true interest cost (as determined by federal arbitrage yield) applicable to any series of Bonds issued hereunder shall not exceed a rate greater 6.00% per annum; (4) The final series of Bonds issued hereunder must be sold not later than March 31, 2016 (though the closing of a particular series of Bonds sold in accordance with this provision may occur after March 31, 2016, so long as such closing period is determined by an Authorized Official to be of reasonable duration); and (5) Each series of Bonds must be sold on a negotiated basis to an underwriting syndicate selected in accordance with this Section (as provided in subpart (6) above). The execution of an Approval Certificate relating to a series of Bonds issued hereunder shall evidence the sale date of the Bonds by the City to the Purchasers (hereinafter defined) in accordance with the provisions of Chapter 1371. It is further provided, however, that notwithstanding the foregoing provisions, no series of Bonds shall be delivered unless prior to their initial delivery, such series of Bonds has been rated by a nationally recognized rating agency for municipal securities in one of the four highest rating categories for long term obligations, as required by Chapter 1371. Upon execution of an Approval Certificate, Bond Counsel is authorized to complete this Ordinance to reflect such final terms applicable to a series of Bonds. SECTION 2: Fully Registered Obligations - Authorized Denominations - Stated Maturities - Interest Rates - Dated Date. The Bonds are issuable in fully registered form only, without coupons; shall be dated , 2015 (the Dated Date) and shall be issued in denominations of $5,000 or any integral multiple thereof (within a Stated Maturity), shall be lettered "R" and numbered consecutively from One (1) upward, and the Bonds shall become due and payable on March 1 in each of the years and in principal amounts (the Stated Maturities) and bear interest on the unpaid principal amounts from the Dated Date, or from the most recent Interest Payment Date (hereinafter defined) to which interest has been paid or duly provided for, to the earlier of redemption or to Stated Maturity, at the per annum rates, while Outstanding (hereinafter defined), in accordance with the following schedule: Years of Principal Interest Stated Maturity Amounts ($) Rates (%) 58287415.5 -3 Years of Principal Interest Stated Maturity Amounts ($) Rates (%) The Bonds shall bear interest on the unpaid principal amount 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 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 (each, an Interest Payment Date), commencing September 1, 2015, 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, without exchange or collection charges to the Holder (hereinafter defined), appearing on the registration and transfer books maintained by the Paying Agent/Registrar (hereinafter defined), 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 of the Bonds. The selection and appointment of, , to serve as the initial Paying Agent/Registrar (the 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 hereto 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 shall be 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 corporate office of the successor 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 58287415.5 - 4 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 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 on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, by the Paying Agent/Registrar, to the address of the Holder appearing in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested in writing by the Holder at the Holder's risk and expense. If the date for the payment of the principal of, premium, if any, or interest on the Bonds shall be a Saturday, a Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Bonds was due. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Holder of a Bond appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4: Redemption. A. Mandatory Redemption. The Bonds stated to mature on March 1, 20 and March 1, 20 , are referred to herein as the "Term Bonds". The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Bond Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on March 1 in each of the years as set forth below: Term Bonds Stated to Mature on March 1, 20 , 58287415.5 -5 Term Bonds Stated to Mature on March 1, 20 , Principal Principal Year Amount ($) Year Amount ($) *Payable at Stated Maturity The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Bonds of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the City with money in the Bond Fund, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. B. 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, 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. C. Exercise of Redemption Option. At least forty-five (45) days prior to a date set for the redemption of Bonds (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of its decision to exercise the right to redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date set for the redemption thereof. The decision of the City to exercise the right to redeem Bonds shall be entered in the minutes of the governing body of the City. D. Selection of Bonds for Redemption. If less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall select at random and by lot the Bonds to be redeemed, provided that if less than the entire principal amount of a Bond is to be redeemed, the Paying Agent/Registrar shall treat such Bond then subject to redemption as representing the number of Bonds Outstanding which is obtained by dividing the principal amount of such Bond by $5,000. E. Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Bonds, the Paying Agent/Registrar shall cause 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 58287415.5 - 6 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. F. Transfer/Exchange of Bonds. Neither the City nor the Paying Agent/Registrar shall be required (i) 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 (ii) 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 58287415.5 - 7 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. A Security Register relating to the registration, payment, transfer, or exchange of the Bonds shall at all times be kept and maintained by the City at the corporate trust office of the Paying Agent/Registrar, and the Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each Holder of the Bonds issued under and pursuant to the provisions of this Ordinance. 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 Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Bonds executed on behalf of, and furnished by, the City of authorized denominations 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 new Bonds executed on behalf of, and furnished by, the City 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 fee, 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 58287415.5 - 8 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 Bond. The Bonds herein authorized shall be issued initially either (i) as a fully registered Bond in the total principal amount of $ with principal installments to become due and payable as provided in Section 2 and numbered T-1, or (ii) as one (1) fully registered Bond for each year of Stated Maturity in the applicable principal amount, interest rate, and denomination and to be numbered consecutively from T-1 and upward (the Initial Bond) and, in either case, the Initial Bond shall be registered in the name of the Purchasers or the designee thereof. The Initial Bond shall be the Bond submitted to the Office of the Attorney General of the State of Texas for approval and certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas. At any time after the delivery of the Initial Bond to the Purchasers, the Paying Agent/Registrar, upon written instructions from the Purchasers, or the designee thereof, shall cancel the Initial Bond delivered hereunder and exchange therefor definitive Bonds of like kind and denominations, Stated Maturities, principal amounts, and bearing applicable interest rates, and shall be lettered "R" and numbered consecutively from one (1) upward, for transfer and delivery to the Holders named and at the addresses identified therefor; all pursuant to and in accordance with and pursuant to 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, 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 submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. [The remainder of this page intentionally left blank.] 58287415.5 - 9 B. Form of Definitive Bond. REGISTERED REGISTERED PRINCIPAL AMOUNT NO. $ United States of America State of Texas Counties of Nueces, Aransas, Kleberg, and San Patricio CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BOND, SERIES 2015 Dated Date: , 2015 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 located 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 (the Holder), or the registered assigns thereof, on the Stated Maturity date specified above, the Principal Amount stated above (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof (computed on the basis of a 360 -day year of twelve 30 -day months) 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 rate specified above; such interest being payable on March 1 and September 1 in each year (each, an Interest Payment Date), commencing September 1, 2015. Principal and premium, if any, of this Bond shall be payable to the Holder, upon presentation and surrender, at the corporate trust office of the Paying Agent/Registrar executing the registration certificate appearing hereon or its successor. 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 the Interest Payment Date. All payments of principal of, premium, if any, 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. 58287415.5 - 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 March 31, 2015 (the Ordinance), for the purpose of providing funds for the purpose of: (i) providing funds: to make permanent public improvements within the City for the purposes identified in the respective propositions approved by the City's voters at an election held on November 4, 2014 (the Election) and (ii) to pay the costs related to issuing the Bonds, under and in strict conformity with the laws of the State of Texas, particularly Chapters 1251, 1331, and 1371, as amended, Texas Government Code, the Election, an ordinance adopted by the City Council on March 31, 2015, and the City's Home Rule Charter. As specified in the Ordinance, the Bonds stated to mature on March 1, 20 and March 1, 20, are referred to herein as the "Term Bonds". The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Bond Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on in each of the years as set forth below: Term Bonds Stated to Mature on March 1, 20 , Term Bonds Stated to Mature on March 1, 20 , Principal Principal Year Amount ($) Year Amount ($) *Payable at Stated Maturity The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Bonds of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the City with money in the Bond Fund, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. As specified in the Ordinance, 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, 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, together with accrued interest to the date of redemption, and upon thirty (30) days prior written notice being given by United States mail, first-class postage prepaid, to Holders of the Bonds to be redeemed, 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 58287415.5 - 11 - 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 within the limitations prescribed by law upon all taxable property within the City. 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 this Bond; 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 its Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions thereof. Capitalized terms used herein have the same meanings assigned in the Ordinance. As provided in the Ordinance and subject to certain limitations contained therein, this Bond is transferable on the Security Register of the City, upon surrender of this Bond for transfer 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 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 58287415.5 - 12 - 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 or in 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 this Bond 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. 58287415.5 [The remainder of this page intentionally left blank.] - 1 3 - IN WITNESS WHEREOF, the City has caused this Bond to be duly executed under its official seal. ATTEST: City Secretary (CITY SEAL) 58287415.5 CITY OF CORPUS CHRISTI, TEXAS Mayor [The remainder of this page intentionally left blank.] - 14- C. *Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Bond Only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS THE STATE OF TEXAS § § § § REGISTER NO. 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: Do Not Print on Definitive 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: , as Paying Agent/Registrar By: Authorized Signature *NOTE TO PRINTER: Print on Definitive Bonds. 58287415.5 - 15 - E. Form of Assignment. ASSIGNMENT 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. Initial Bond. The Initial Bond shall be in the form 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 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: AND NO/100 DOLLARS PRINCIPAL AMOUNT: The City of Corpus Christi, Texas (the City), a body corporate and municipal corporation located 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 (the Holder), or the registered assigns thereof, 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: 58287415.5 Year of Principal Interest Stated Maturity Amount ($) Rate (%) (Information to be inserted from schedule in Section 2 hereof). - 16 - (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal installments hereof from the Dated Date, or from the most recent interest payment date to which interest has been paid or duly provided, 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 (each, an Interest Payment Date) commencing September 1, 2015. Principal of this Bond shall be payable to the Holder hereof, upon presentation and surrender, at the corporate trust office of, (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 an Interest Payment Date. All payments of principal of, premium, if any, 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. G. Insurance Legend. If bond insurance is obtained by the City or the Purchasers, the Definitive Bonds and the Initial Bond shall bear an appropriate legend as provided by the insurer. SECTION 9: Definitions. For all purposes of this Ordinance (as defined below), except as otherwise expressly provided or unless the context otherwise requires: (i) the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections 18 and 36 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 City Manager of the City, the Deputy City Manager of the City, the Assistant City Manager for General Government and Operations Support of the City, and the City's Director of Financial Services. 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 BONDS, SERIES 2015" 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. 58287415.5 - 17 - E. The term Closing Date shall mean the date of physical delivery of the Initial Bond 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 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. L The term Holder or Holders shall mean the registered owner, whose name appears in the Security Register, for any Bond. J. The term Interest Payment Date shall mean the date semiannual interest is payable on the Bonds, being March 1 and September 1 of each year, commencing September 1, 2015, while any of the Bonds remain Outstanding. K. The term Ordinance shall mean this ordinance adopted by the City Council of the City on March 31, 2015. 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; 58287415.5 - 18 - (2) those Bonds for which payment has been duly provided by the City in accordance with the provisions of Section 17 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 16 of this Ordinance. M. The term Purchasers shall mean the initial purchasers of the Bonds named in Section 17 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 "GENERAL IMPROVEMENT BONDS, SERIES 2015 INTEREST AND SINKING FUND" (the Bond Fund), which Bond Fund shall be kept and maintained at the Depository, and money deposited in such Bond Fund shall be used for no other purpose and shall be maintained as provided in Section 18. 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, or the purchase price thereof, 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 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 deposited in any fund established pursuant to the provisions of this Ordinance may, at the option of the City. be placed in time deposits, certificates of deposit, guaranteed investment contracts, or similar contractual agreements, as permitted by the provisions of the Public Funds Investment Act, as amended, Chapter 2256, Texas Government Code, secured (to the extent not insured by the Federal Deposit Insurance Corporation) by obligations of the type hereinafter described, or be invested, as authorized by any law, including investments held in book -entry form, in securities including, but not limited to, direct obligations of the United States of America, obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States of America, including, but not limited to, evidences of indebtedness issued, insured or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Farmers Home Administration, Federal Home 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 any 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, 58287415.5 - 19 - 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: Levy of Taxes; Surplus Bond Proceeds. 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 fiscal year commencing October 1, 2015 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 the Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness. The 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. Accrued interest, if any, received from the Purchasers of the Bonds shall be deposited to the Bond Fund and ad valorem taxes levied and collected for the benefit of the Bonds shall be deposited to the Bond Fund. 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 sum otherwise required to be deposited in the Bond Fund from ad valorem taxes. SECTION 12: Security for 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 13: 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. 58287415.5 - 20 - 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 14: 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 15: Cancellation. All Bonds surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The City 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 16: 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 58287415.5 - 21 - 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 17: Sale of Bonds — Authorization of Purchase Contract — Official Statement Approval. The Bonds authorized by this Ordinance are hereby sold to , 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 , 2015 (the Purchase Contract) attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The Initial Bond shall be registered in the name of . The pricing and terms of the sale of the Bonds are hereby found and determined to be the most advantageous reasonably obtainable by the City. Each Authorized Official is hereby authorized and directed to execute the Purchase Contract for and on behalf of the City and as the act and deed of the City Council, and in regard to the approval and execution 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 (together with such changes approved by any Authorized Official), shall be and is hereby in all respects approved and the Purchasers are hereby authorized to use and distribute the final Official Statement, dated , 2015, 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. The proper officials of the City are hereby authorized to execute and deliver a certificate pertaining to such Official Statement as prescribed therein, dated as of the date of payment for and delivery of the Bonds. Proceeds from the sale of the Bonds shall be applied as follows: 58287415.5 - 22 - (1) Accrued interest on the Bonds (in the amount of $ ), received from the Purchasers, shall be deposited into the Bond Fund. (2) The City received a net premium from the sale of the Bonds of $ which is hereby allocated by the City in the following manner (A) $ to pay the Purchasers' compensation, (B) $ to pay the costs of issuance, (C) the remaining $ is allocated toward the City's voted authority and deposited as described in Paragraph (3) below. (3) The balance of the proceeds (including a portion of the premium in the amount of $ as described above and principal in the amount of $ , totaling $ ) derived from the sale of the Bonds (after paying costs of issuance) shall be deposited into the special construction account or accounts created for the projects to be constructed with the proceeds of the Bonds. This special construction account shall be established and maintained at the Depository and shall be invested in accordance with the provisions of Section 10 of this Ordinance. Interest earned on the proceeds of the Bonds pending completion of construction of the projects financed with such proceeds shall be accounted for, maintained, deposited, and expended as permitted by the provisions of Chapter 1201, as amended, Texas Government Code, or as required by any other applicable law. Thereafter, such amounts shall be expended in accordance with Section 12 of this Ordinance. SECTION 18: 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. 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 58287415.5 - 23 - Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. (1) Yield of 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 directly or indirectly with Gross Proceeds of the Bonds, 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, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. D. No Private Loan. Except 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 58287415.5 - 24 - 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 on any Investments acquired with Gross Proceeds (or with money replaced thereby), 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. (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 58287415.5 - 25 - 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. L Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Bonds, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Bonds not been relevant to either party. J. Bonds Not Hedge Bonds. (1) The City reasonably expects to spend at least 85% of the spendable proceeds of the Bonds within three years after such Bonds are issued. (2) Not more than 50% of the proceeds of the Bonds will be invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. K. Elections. The City hereby directs and authorizes any Authorized Official, or any combination of them, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Bonds, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. Such elections shall be deemed to be made on the Closing Date. SECTION 19: Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Bonds, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Bonds, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Bonds or the principal amount(s) thereof at Stated Maturity or to the redemption date 58287415.5 - 26 - therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, and/or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have, in the case of a net defeasance, been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any money deposited therewith, if any, to pay when due the principal of and interest on such Bonds, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof. 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 18 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 or applicable redemption date of the Bonds 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 20: 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, 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 58287415.5 - 27 - 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, premium, if any, and interest on the Bonds, reduce the principal amount thereof, the redemption price therefor, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, premium, if any, 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 21: Control and Custody of Bonds. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas including the printing and supply of definitive Bonds and shall take and have charge and control of the Initial Bond pending its approval by the Attorney General of the State of Texas, the registration thereof by the Comptroller of Public Accounts of the State of Texas and the delivery thereof to the Purchasers. Furthermore, each Authorized Official, any or all, are hereby authorized and directed to furnish and execute such documents relating to the City and its financial affairs as may be necessary for the issuance of the Bonds, the approval of the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas and, together with the City's Financial Advisors, Bond Counsel, and the Paying Agent/Registrar, to make the necessary arrangements for the delivery of the Initial Bond to the Purchasers and the initial exchange thereof for definitive Bonds. SECTION 22: Printed Opinion. The Purchasers' obligation to accept delivery of the Bonds is subject to its being furnished a final opinion of Norton Rose Fulbright US LLP, as Bond Counsel, approving the Bonds as to their validity, said opinion to be dated and delivered as of the date of initial delivery and payment for the Bonds. Printing of a true and correct reproduction of said opinions on the reverse side of each of the Bonds is hereby approved and authorized. SECTION 23: CUSIP Numbers. CUSIP numbers may be printed or typed on the Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the 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 Bonds. SECTION 24: 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, the Paying Agent/Registrar, Bond Counsel, the Purchasers, and the Holders. 58287415.5 - 28 - SECTION 25: Inconsistent Provisions. All ordinances, orders, or 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 contained herein. SECTION 26: 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 27: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 28: 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 29: 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 30: 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 pertaining to the payment, exchange, registration, 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 herein by reference as fully as if recopied in its entirety in this Ordinance. SECTION 31: Incorporation of Preamble Recitals. The recitals contained in the preamble to this Ordinance 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 32: Book -Entry -Only System. The Bonds shall 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 Bond 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 C (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 58287415.5 - 29 - broker-dealer, bank, or other financial institution for which DTC holds the Bonds from time to time as securities depository (a Depository Participant) or to any person on behalf of whom such a Depository Participant holds an interest in the Bonds (an Indirect Participant). Without limiting the immediately preceding sentence, the City and the Paying Agent/Registrar shall have no responsibility or obligation with respect to: (i) the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Bonds; (ii) the delivery to any Depository Participant or any other person, other than a registered owner of the Bonds, as shown on the Security Register, of any notice with respect to the Bonds, including any notice of redemption; or (iii) the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a Holder of a Bond, of any amount with respect to principal of, premium, if any, or interest on the Bonds. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive a bond 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 DTC 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 33: 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 34: 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 58287415.5 - 30 - 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 35: 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 36: Continuing Disclosure of Information. 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 2015, financial information and operating data with respect to the City of the general type included in the final Official Statement authorized by Section 17 of this Ordinance, being the information described in Exhibit D 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 D 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 financial 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 financial statements for the applicable fiscal year to the MSRB, when and if the audit report on such financial statements becomes available. Under current Texas law, including, but not limited to, Chapter 103, as amended, Texas Local Government Code, the City must have its records and accounts audited annually and shall have an annual financial statement prepared based on the audit. The annual financial statement, including the auditor's opinion on the statement, shall be filed in the office of the City Secretary within 180 days after the last day of the City's fiscal year. Additionally, upon the filing of this financial statement and the annual audit, these documents are subject to the Texas Open Records Act, as amended, Texas Government Code, Chapter 552. 58287415.5 - 31 - If the City changes its fiscal year, it will file notice thereof with the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. C. Notice of Certain Events. The City shall file notice of any of the following events with respect to the Bonds to the MSRB in a timely manner and not more than 10 business days after occurrence of the event: (1) Principal and interest payment delinquencies; (2) Non-payment related defaults, if material; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB), or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (7) Modifications to rights of holders of the Bonds, if material; (8) Bond calls, if material, and tender offers; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the Bonds, if material; (11) Rating changes; (12) Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; (13) The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) Appointment of a successor or additional paying agent/registrar or the change of name of a paying agent/registrar, if material. For these purposes, any event described in the immediately preceding paragraph (12) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, 58287415.5 - 32 - or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. The City shall file notice with the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with this Section by the time required by this Section. D. Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the City in any event will give notice of any deposit that causes the Bonds to be no longer Outstanding. The provisions of this Section are for the sole benefit of the holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITH OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. 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. 58287415.5 - 33 - The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the holders and beneficial owners of the Bonds. The City may also repeal or amend the provisions of this Section if the SEC amends or repeals the applicable provisions of the Rule or any court of final jurisdiction enters judgment that such provisions of the Rule are invalid, and the City also may amend the provisions of this Section in its discretion in any other manner or circumstance, but in either case only if and to the extent that the provisions of this sentence would not have prevented an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds, giving effect to (a) such provisions as so amended and (b) any amendments or interpretations of the Rule. If the City so amends the provisions of this Section, the City shall include with any amended financial information or operating data next provided in accordance with this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. E. Information Format — Incorporation by Reference. The City information required under this Section shall be filed with the MSRB through EMMA in such format and accompanied by such identifying information as may be specified from time to time thereby. Under the current rules of the MSRB, continuing disclosure documents submitted to EMMA must be in word -searchable portable document format (PDF) files that permit the document to be saved, viewed, printed, and retransmitted by electronic means and the series of obligations to which such continuing disclosure documents relate must be identified by CUSIP number or numbers. Financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document) available to the public through EMMA or filed with the SEC. SECTION 37: 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 Purchase Contract, the Paying Agent/Registrar 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 58287415.5 - 34 - Ordinance and as described in the Official Statement necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance, (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 38: 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. 58287415.5 [The remainder of this page intentionally left blank.] - 35 - PASSED, APPROVED AND ADOPTED on the 31st day of March, 2015. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS 31st DAY OF MARCH, 2015: Miles Risley, City Attorney 58287415.5 [The remainder of this page intentionally left blank.] S-1 THE STATE OF TEXAS COUNTY OF NUECES I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 31st day of March, 2015, authorizing the issuance of the City's General Improvement Bonds, of a to be determined series, which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 31st day of March, 2015. (CITY SEAL) 58287415.5 City Secretary S-2 The foregoing ordinance was read for the first time and passed to its second reading on this the 24th day of March, 2015, by the following vote: Nelda Martinez Chad Magill Lillian Riojas Mark Scott Carolyn Vaughn Brian Rosas Lucy Rubio Colleen McIntyre Rudy Garza, Jr. That the foregoing ordinance was read for the second time and passed finally on this the 31st day of March, 2015, by the following vote: Nelda Martinez Chad Magill Lillian Riojas Mark Scott Carolyn Vaughn Brian Rosas Lucy Rubio Colleen McIntyre Rudy Garza, Jr. PASSED AND APPROVED, this the 31st day of March, 2015. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor 58287415.5 S-3 INDEX TO SCHEDULES AND EXHIBITS Exhibit A - Paying Agent/Registrar Agreement Exhibit B - Purchase Contract Exhibit C - DTC Letter of Representations Exhibit D - Description of Annual Financial Information 58287415.5 [The remainder of this page intentionally left blank.] I-1 58287415.5 EXHIBIT A PAYING AGENT/REGISTRAR AGREEMENT SEE TAB NO. A-1 58287415.5 EXHIBIT B PURCHASE CONTRACT SEE TAB NO. B-1 58287415.5 EXHIBIT C DTC LETTER OF REPRESENTATIONS SEE TAB NO. C-1 EXHIBIT D DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 36 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 for each Year ending in and after 2015 are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: All quantitative financial information and operating data with respect to the City of the general type included in Appendix A to the Official Statement under the headings "DEBT PAYABLE FROM TAXES", "GENERAL REVENUES", "GENERAL EXPENSES", "AD VALOREM TAXES", and "THE TAX INCREMENT FINANCING ACT", and in Appendix C. Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to above. 58287415.5 [The remainder of this page intentionally left blank.] D-1 AGENDA MEMORANDUM First Reading for the City Council Meeting of March 24, 2015 Second Reading for the City Council Meeting of March 31, 2015 DATE: March 6, 2015 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Authorization for the Issuance of General Improvement Refunding Bonds CAPTION: Ordinance authorizing the issuance of one or more series of "City of Corpus Christi, Texas General Improvement Refunding Bonds", as further designated by series, in an aggregate principal amount not to exceed $85,000,000, levying a continuing direct 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 agreement; complying with the letter of representations on file with the depository trust company; delegating the authority to certain members of the City staff to execute certain documents relating to the sale of the bonds; and providing an effective date. PURPOSE: The City plans on refunding any callable, outstanding general obligation bonds for savings. BACKGROUND AND FINDINGS: The City plans on refunding any callable, outstanding general obligation bonds for savings. This currently equates to $85,000,000 in three outstanding series of bonds. If all eligible outstanding bonds are refunded at today's interest rate, a net present value savings of $4,816,538 or 5.835% would be realized. This action is in compliance with Section 10.3 of the City's Debt Management Policy that outlines a minimum net present value savings threshold of 2.5% for consideration of a bond refunding. The actual amount to be refunded for this transaction, however, will be determined at the time of pricing. Because of the fluctuating conditions in the municipal bond market, our financial advisor has recommended that the City Council delegate to the City Manager, Deputy City Manager, Assistant City Manager for General Government and Operations Support, and the Director of Financial Services (the "Delegated Officials") the authority to effect the sale of the bonds subject to the following parameters: (1) the principal amount in total of all bonds sold may not exceed $85,000,000; (2) none of the bonds shall bear interest at a rate greater than 6% per year; and (3) the bonds must have a rating issued by a nationally recognized municipal securities ratings organization in one of the four highest rating categories. The $85,000,000 represents the principal amount of all general obligation bonds currently outstanding that are eligible to be refunded. The actual amount that will be refunded will be determined at the time of pricing. Also, the City's bond counsel has confirmed that the City can delegate the sale of the bonds to the Delegated Officials in the manner outlined above pursuant to the authority contained in Chapter 1371, as amended, Texas Government Code. 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'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: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - - - Encumbered/Expended amount of (date) - - - This item - $ 85,000,000 - $ 85,000,000 BALANCE - $ 85,000,000 - $ 85,000,000 FUND(S): CIP Fund (number to be determined after bond sale) COMMENTS: The amount of the refunding will be known at the time of pricing. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance DRAFT 03/04/2015 ORDINANCE NO. AUTHORIZING THE ISSUANCE OF ONE OR MORE SERIES OF "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT REFUNDING BONDS", AS FURTHER DESIGNATED BY SERIES, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $85,000,000, LEVYING A CONTINUING DIRECT 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 AGREEMENT; COMPLYING WITH THE LETTER OF REPRESENTATIONS ON FILE WITH THE DEPOSITORY TRUST COMPANY; DELEGATING THE AUTHORITY TO 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 82337526.5 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,, currently serves as the paying agent for the Refunded Obligations; and WHEREAS,, (which is not the depository bank of the City) is hereby appointed as the Escrow Agent (hereinafter defined) and , to serve as Paying Agent/Registrar (hereinafter 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 and to remove and eliminate prospectively restrictive bond covenants applicable to City property acquired or improved with proceeds of the Refunded Obligations, 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, pursuant to the authority provided by the Act, to delegate to the Authorized Officials (hereinafter defined) the authority to execute an Approval Certificate, to approve the final terms of the refunding bonds issued hereunder, and to identify those Refunding Candidates (hereinafter defined) to be included in Schedule I as the Refunded Obligations is in the best interest of the District; 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, in one or more series, 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 2015" (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, and Chapter 1371, as amended, Texas Government Code (Chapter 1371) an ordinance adopted by the City Council on March 31, 2015, and the City's Home Rule Charter. As authorized by the Act and Chapter 1371, each Authorized Official is hereby authorized, appointed, and designated as the officers of the City authorized to individually act on 82337526.5 -2- behalf of the City in selling and delivering each series of Bonds authorized herein and carrying out the procedures specified in this Ordinance, including the following: (1) Aggregate principal amount of each maturity of the Bonds; (2) Rate of interest to be borne on the principal amount of each maturity; (3) Interest payment dates; (4) Extraordinary, optional, and/or mandatory redemption provisions; (5) Pricing of each series of Bonds, including use of premium, discount, underwriters' compensation, and costs of issuance; (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; (7) Dated Date (hereinafter defined); (8) Selection of the Refunded Obligations from the Refunding Candidates for each series of Bonds; (9) Further designation of each series of Bonds by year issued and the number of similarly -secured series of bonds issued during the then -current calendar year; and (10) Selection of the bond insurer, if any, with respect to any series of Bonds, if determined by an Authorized Official to be advantageous to the City. Each series of Bonds issued under this Ordinance shall be issued within the following parameters: (1) The total principal amount of all series of Bonds issued hereunder shall not exceed $85,000,000; (2) The maximum maturity for any series of Bonds issued hereunder shall be March 1, 2030; (3) On a combined basis by series (and not on a per maturity basis within a series), the true interest cost (as determined by federal arbitrage yield) applicable to any series of Bonds issued hereunder shall not exceed a rate greater 6.00% per annum; (4) 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; (5) The final series of Bonds issued hereunder must be sold not later than March 31, 2016 (though the closing of a particular series of Bonds sold in accordance 82337526.5 -3- with this provision may occur after March 31, 2016, so long as such closing period is determined by an Authorized Official to be of reasonable duration); and (6) Each series of Bonds must be sold on a negotiated basis to an underwriting syndicate selected in accordance with this Section (as provided in subpart (6) above). The execution of an Approval Certificate relating to a series of Bonds issued hereunder shall evidence the sale date of the Bonds by the City to the Purchasers (hereinafter defined) in accordance with the provisions of Chapter 1371. It is further provided, however, that notwithstanding the foregoing provisions, no series of Bonds shall be delivered unless prior to their initial delivery, such series of Bonds has been rated by a nationally recognized rating agency for municipal securities in one of the four highest rating categories for long term obligations, as required by Chapter 1371. Upon execution of an Approval Certificate, Bond Counsel is authorized to complete this Ordinance to reflect such final terms applicable to a series of Bonds. SECTION 2. Fully Registered Obligations - Authorized Denominations - Stated Maturities - Interest Rates — Dated Date. The Bonds are issuable in fully registered form only, without coupons; shall be dated , 2015 (the Dated Date) and shall be issued in denominations of $5,000 or any integral multiple thereof (within a Stated Maturity), shall be lettered "R" and numbered consecutively from One (1) upward, and the Bonds shall become due and payable on March 1 in each of the years and in principal amounts (the Stated Maturities) and bear interest on the unpaid principal amounts from the Dated Date, or from the most recent Interest Payment Date (hereinafter defined) to which interest has been paid or duly provided for, to the earlier of redemption or to Stated Maturity, at the per annum rates, while Outstanding (hereinafter defined), in accordance with the following schedule: Years of Principal Interest Stated Maturity Amounts ($) Rates (%) The Bonds shall bear interest on the unpaid principal amount from the Dated Date or from the most recent Interest Payment Date to which interest has been paid or duly provided for, 82337526.5 -4- 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 (each, an Interest Payment Date), commencing September 1, 2015, 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, without exchange or collection charges to the Holder (hereinafter defined), appearing on the registration and transfer books maintained by the Paying Agent/Registrar (hereinafter defined), 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 of the Bonds. The selection and appointment of to serve as the initial Paying Agent/Registrar (the 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 hereto, 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 shall be 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 corporate office of the successor 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 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. 82337526.5 -5- 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 on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, by the Paying Agent/Registrar, to the address of the Holder appearing in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested in writing by the Holder at the Holder's risk and expense. If the date for the payment of the principal of, premium, if any, or interest on the Bonds shall be a Saturday, a Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Bonds was due. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Holder of a Bond appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4. Redemption. A. Mandatory Redemption. The Bonds stated to mature on March 1, 20 and March 1, 20 , are referred to herein as the "Term Bonds". The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Bond Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on March 1 in each of the years as set forth below: Tem Bonds Stated to Mature on March 1, 20 Term Bonds Stated to Mature on March 1, 20 , Principal Principal Year Amount ($) Year Amount ($) *Payable at Stated Maturity 82337526.5 -6- The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Bonds of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the City with money in the Bond Fund, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. B. 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, 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. C. Exercise of Redemption Option. At least forty-five (45) days prior to a date set for the redemption of Bonds (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of its decision to exercise the right to redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date set for the redemption thereof. The decision of the City to exercise the right to redeem Bonds shall be entered in the minutes of the governing body of the City. D. Selection of Bonds for Redemption. If less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall select at random and by lot the Bonds to be redeemed, provided that if less than the entire principal amount of a Bond is to be redeemed, the Paying Agent/Registrar shall treat such Bond then subject to redemption as representing the number of Bonds Outstanding which is obtained by dividing the principal amount of such Bond by $5,000. E. Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Bonds, the Paying Agent/Registrar shall cause 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 82337526.5 -7- 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. F. Transfer/Exchange of Bonds. Neither the City nor the Paying Agent/Registrar shall be required (i) 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 (ii) 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. A Security Register relating to the registration, payment, transfer, or exchange of the Bonds shall at all times be kept and maintained by the City at the corporate trust office of the Paying Agent/Registrar, and the Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each Holder of the Bonds issued under and pursuant to 82337526.5 -8- the provisions of this Ordinance. 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 Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Bonds executed on behalf of, and furnished by, the City of authorized denominations 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 new Bonds executed on behalf of, and furnished by, the City 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 fee, 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 Bond. The Bonds herein authorized shall be issued initially either (i) as a fully registered Bond in the total principal amount of $ with principal installments to become due and payable as provided in Section 2 and numbered T-1, or (ii) as one (1) fully registered Bond for each year of Stated Maturity in the applicable principal amount, interest rate, and denomination and to be numbered consecutively from T-1 and upward (the Initial Bond) and, in either case, the Initial Bond shall be registered in the name of the Purchasers or the designee thereof. The Initial Bond shall be the Bond submitted to the Office of the 82337526.5 -9- Attorney General of the State of Texas for approval and certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas. At any time after the delivery of the Initial Bond to the Purchasers, the Paying Agent/Registrar, upon written instructions from the Purchasers, or the designee thereof, shall cancel the Initial Bond delivered hereunder and exchange therefor definitive Bonds of like kind and denominations, Stated Maturities, principal amounts, and bearing applicable interest rates, and shall be lettered "R" and numbered consecutively from one (1) upward, for transfer and delivery to the Holders named and at the addresses identified therefor; all pursuant to and in accordance with and pursuant to 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, 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 submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. 82337526.5 [The remainder of this page intentionally left blank.] -10- 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 2015 Dated Date: , 2015 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 located 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 (the Holder), or the registered assigns thereof, on the Stated Maturity date specified above, the Principal Amount stated above (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof (computed on the basis of a 360 -day year of twelve 30 -day months) 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 rate specified above; such interest being payable on March 1 and September 1 in each year (each, an Interest Payment Date), commencing September 1, 2015. Principal and premium, if any, of this Bond shall be payable to the Holder, upon presentation and surrender, at the corporate trust office of the Paying Agent/Registrar executing the registration certificate appearing hereon or its successor. 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 the Interest Payment Date. All payments of principal of, premium, if any, 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. 82337526.5 -11- 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 March 31, 2015 (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, particularly Chapters 1207 and 1371, as amended, Texas Government Code, and the City's Home Rule Charter. As specified in the Ordinance, the Bonds stated to mature on March 1, 20 and March 1, 20 , are referred to herein as the "Term Bonds". The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Bond Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on in each of the years as set forth below: Tenn Bonds Stated to Mature on March 1, 20 , Term Bonds Stated to Mature on March 1, 20 , Principal Principal Year Amount ($) Year Amount ($) *Payable at Stated Maturity The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Bonds of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the City with money in the Bond Fund, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. As specified in the Ordinance, 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, 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, together with accrued interest to the date of redemption, and upon thirty (30) days prior written notice being given by United States mail, first-class postage prepaid, to Holders of the Bonds to be redeemed, 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 82337526.5 -12- 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 within the limitations prescribed by law upon all taxable property within the City. 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 this Bond; 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 its Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions thereof. Capitalized terms used herein have the same meanings assigned in the Ordinance. As provided in the Ordinance and subject to certain limitations contained therein, this Bond is transferable on the Security Register of the City, upon surrender of this Bond for transfer 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 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 82337526.5 -13- 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 or in 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 this Bond 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. 82337526.5 [The remainder of this page intentionally left blank.] -14- 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) 82337526.5 [The remainder of this page intentionally left blank] -15- C. *Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Bond 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: , as Paying Agent/Registrar By: Authorized Signature *NOTE TO PRINTER: Print on Definitive Bonds. 82337526.5 -16- E. Form of Assignment. ASSIGNMENT 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. Initial Bond. The Initial Bond shall be in the form 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 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: AND NO/100 DOLLARS PRINCIPAL AMOUNT: The City of Corpus Christi, Texas (the City), a body corporate and municipal corporation located 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 (the Holder), or the registered assigns thereof, 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: 82337526.5 Year of Principal Interest Stated Maturity Amount ($) Rate (%) (Information to be inserted from schedule in Section 2 hereof). -17- (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal installments hereof from the Dated Date, or from the most recent interest payment date to which interest has been paid or duly provided, 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 (each, an Interest Payment Date) commencing September 1, 2015. Principal of this Bond shall be payable to the Holder hereof, upon presentation and surrender, at the corporate trust office of, (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 an Interest Payment Date. All payments of principal of, premium, if any, 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. G. Insurance Legend. If bond insurance is obtained by the City or the Purchasers, the Definitive Bonds and the Initial Bond shall bear an appropriate legend as provided by the insurer. SECTION 9. Definitions. For all purposes of this Ordinance (as defined below), except as otherwise expressly provided or unless the context otherwise requires: (i) the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections 20 and 37 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 City Manager of the City, the Deputy City Manager of the City, the Assistant City Manager for General Government and Operations Support of the City, and the City's Director of Financial Services. 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 2015" authorized by this Ordinance. 82337526.5 -18- 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 Bond 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 subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, or (iv) any additional securities and obligations hereafter authorized by the laws of the State of Texas as eligible for use to accomplish the discharge of obligations such as the Bonds. I. The term Holder or Holders shall mean the registered owner, whose name appears in the Security Register, for any Bond. J. The term Interest Payment Date shall mean the date semiannual interest is payable on the Bonds, being March 1 and September 1 of each year, commencing September 1, 2015, while any of the Bonds remain Outstanding. K. The term Ordinance shall mean this ordinance adopted by the City Council of the City on March 31, 2015. 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: 82337526.5 -19- (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 17 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 Refunding Candidates shall mean the following District obligations from which the Refunded Obligations are selected by an Authorized Official: O. 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 "GENERAL IMPROVEMENT REFUNDING BONDS, SERIES 2015 INTEREST AND SINKING FUND" (the Bond Fund), which Bond Fund shall be kept and maintained at the Depository, and money deposited in such Bond Fund shall be used for no other purpose and shall be maintained as provided in Section 20. 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, or the purchase price thereof, 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 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 deposited in any fund established pursuant to the provisions of this Ordinance may, at the option of the City. be placed in time deposits, certificates of deposit, guaranteed investment contracts, or similar contractual agreements, as permitted by the provisions of the Public Funds Investment Act, as amended, Chapter 2256, Texas Government Code, secured (to the extent not insured by the Federal Deposit Insurance Corporation) by obligations of the type hereinafter described, or be invested, as authorized by any law, including investments held in book -entry form, in securities including, but not limited to, direct obligations of the United States of America, obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or 82337526.5 -20- 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 any 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 — Deposits to Bond Fund — Surplus Bond Proceeds. 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 fiscal year commencing October 1, 2015 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 the Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness. The 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. Accrued interest, if any, received from the Purchasers of the Bonds shall be deposited to the Bond Fund and ad valorem taxes levied and collected for the benefit of the Bonds shall be deposited to the Bond Fund. 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 sum otherwise required to be deposited in the Bond Fund from ad valorem taxes. SECTION 12. Security for 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. 82337526.5 -21- SECTION 13. 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 14. 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 15. Cancellation. All Bonds surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The City 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 16. 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 82337526.5 -22- 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 17. Sale of Bonds — Authorization of Purchase Contract — Official Statement Approval. The Bonds authorized by this Ordinance are hereby sold to , , 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 , 2015 (the Purchase Contract) attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The Initial Bond shall be registered in the name of . The pricing and terms of the sale of the Bonds are hereby found and determined to be the most advantageous reasonably obtainable by the City. Each Authorized Official is hereby authorized and directed to execute the Purchase Contract for and on behalf of the City and as the act and deed of the City Council, and in regard to the approval and execution 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 (together with such changes approved by any 82337526.5 -23- Authorized Official), shall be and is hereby in all respects approved and the Purchasers are hereby authorized to use and distribute the final Official Statement, dated, 2015, 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. The proper officials of the City are hereby authorized to execute and deliver a certificate pertaining to such Official Statement as prescribed therein, dated as of the date of payment for and delivery of the Bonds. SECTION 18. Escrow Agreement Approval and Execution; Proceeds of Sale; Contribution by City. The Escrow and Trust Agreement, dated as of March 31, 2015, to be effective upon the initial delivery of the Bonds to the Purchasers (the Agreement) between the City and, , (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, or any combination thereof, 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 2015 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, 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 and Authorized Official. SECTION 19. Redemption of Refunded Obligations. Certain of the Refunded Obligations referenced in the preamble hereof become subject to redemption prior to their stated 82337526.5 -24- 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 respective 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 applicable series of Refunded Obligations. SECTION 20. 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. 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 82337526.5 (2) the Bonds has the meaning set forth in Section 1.148-4 of the Regulations. -25- 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. 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. 82337526.5 -26- 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 on any Investments acquired with Gross Proceeds (or with money replaced thereby), 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. (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 82337526.5 -27- section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under section 1.148-3(h) of the Regulations. I. Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Bonds, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Bonds not been relevant to either party. J. Bonds Not Hedge Bonds. (1) At the time the original bonds refunded by the Bonds were issued, the City reasonably expected to spend at least 85% of the spendable proceeds of such bonds within three years after such bonds were issued. (2) Not more than 50% of the proceeds of the original bonds refunded by the Bonds were invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. K. Current Refunding of the Refunded Obligations. The Bonds are issued, in part, to refund the Refunded Obligations set forth on Schedule I hereto listed as Item Numbers , , and (the Current Refunded Obligations), and the Bonds will be issued, and the proceeds thereof used, within 90 days after the Closing Date for the redemption of a portion of the Current Refunded Obligations. In the issuance of the Bonds, the City has employed no "device" to obtain a material financial advantage (based on arbitrage), within the meaning of section 149(d)(4) of the Code, apart from savings attributable to lower interest rates. The City has complied with the covenants, representations, and warranties contained in the documents executed in connection with the issuance of the Current Refunded Obligations. L. Qualified Advance Refunding. The Bonds are issued, in part, to refund the Refunded Obligations set forth on Schedule I hereto listed as Item Numbers and (the Advance Refunded Obligations), and the Bonds will be issued more than 90 days before the redemption of a portion of the Advance Refunded Obligations. The City represents as follows: (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. 82337526.5 -28- (2) The Advance Refunded Obligations are being called for redemption, and will be redeemed: (i) in the case of Advance 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 Advance 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 Advance Refunded Obligations not later than 30 days after the date of issue of such Bonds; and (ii) with respect to proceeds of the Advance 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 Advance 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. M. Elections. The City hereby directs and authorizes any Authorized Official, or any combination of them, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Bonds, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. Such elections shall be deemed to be made on the Closing Date. SECTION 21. Control and Custody of Bonds. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas including the printing and supply of definitive Bonds and shall take and have charge and control of the Initial Bond pending its approval by the Attorney General of the State of Texas, the registration thereof by the Comptroller of Public Accounts of the State of Texas and the delivery thereof to the Purchasers. Furthermore, each Authorized Official, any or all, are hereby authorized and directed to furnish and execute such documents relating to the City and its financial affairs as may be necessary for the issuance of the Bonds, the approval of the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas and, 82337526.5 -29- together with the City's Financial Advisors, Bond Counsel, and the Paying Agent/Registrar, to make the necessary arrangements for the delivery of the Initial Bond to the Purchasers and the initial exchange thereof for definitive Bonds. SECTION 22. Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Bonds, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Bonds, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Bonds or the principal amount(s) thereof at Stated Maturity or to the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, and/or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have, in the case of a net defeasance, been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any money deposited therewith, if any, to pay when due the principal of and interest on such Bonds, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof. 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 20 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 or applicable redemption date of the Bonds 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 82337526.5 -30- 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 23. Printed Opinion. The Purchasers' obligation to accept delivery of the Bonds is subject to its being furnished a final opinion of Norton Rose Fulbright US LLP, as Bond Counsel, approving the Bonds as to their validity, said opinion to be dated and delivered as of the date of initial delivery and payment for the Bonds. Printing of a true and correct reproduction of said opinions on the reverse side of each of the Bonds is hereby approved and authorized. SECTION 24. CUSIP Numbers. CUSIP numbers may be printed or typed on the Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the 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 Bonds. SECTION 25. Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 26. 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, 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, premium, if any, and interest on the Bonds, reduce the principal amount thereof, the redemption price therefor, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, premium, if any, 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 27. 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 82337526.5 -31- intended to be and being for the sole and exclusive benefit of the City, the Paying Agent/Registrar, Bond Counsel, the Purchasers, and the Holders. SECTION 28. Inconsistent Provisions. All ordinances, orders, or 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 contained herein. SECTION 29. 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 30. 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 31. 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 32. Incorporation of Preamble Recitals. The recitals contained in the preamble to this Ordinance 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 33. 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 pertaining to the payment, exchange, registration, 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 herein by reference as fully as if recopied in its entirety in this Ordinance. SECTION 34. 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 35. 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. 82337526.5 -32- SECTION 36. 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 37. Continuing Disclosure of Information. 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 2015, financial information and operating data with respect to the City of the general type included in the final Official Statement authorized by Section 17 of this Ordinance, being the information described in Exhibit D 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 D 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 financial 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 financial statements for the applicable fiscal year to the MSRB, when and if the audit report on such financial statements becomes available. Under current Texas law, including, but not limited to, Chapter 103, as amended, Texas Local Government Code, the City must have its records and accounts audited annually and shall have an annual financial statement prepared based on the audit. The annual financial statement, including the auditor's opinion on the statement, shall be filed in the office of the City Secretary within 180 days after the last day of the City's fiscal year. Additionally, upon the filing of this financial statement and the annual audit, these documents are subject to the Texas Open Records Act, as amended, Texas Government Code, Chapter 552. If the City changes its fiscal year, it will file notice thereof with the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. 82337526.5 -33- C. Notice of Certain Events. The City shall file notice of any of the following events with respect to the Bonds to the MSRB in a timely manner and not more than 10 business days after occurrence of the event: (1) Principal and interest payment delinquencies; (2) Non-payment related defaults, if material; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB), or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (7) (8) (9) Modifications to rights of holders of the Bonds, if material; Bond calls, if material, and tender offers; 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 82337526.5 -34- assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. The City shall file notice with the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with this Section by the time required by this Section. D. Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the City in any event will give notice of any deposit that causes the Bonds to be no longer Outstanding. The provisions of this Section are for the sole benefit of the holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITH OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. 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 82337526.5 -35- provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the holders and beneficial owners of the Bonds. The City may also repeal or amend the provisions of this Section if the SEC amends or repeals the applicable provisions of the Rule or any court of final jurisdiction enters judgment that such provisions of the Rule are invalid, and the City also may amend the provisions of this Section in its discretion in any other manner or circumstance, but in either case only if and to the extent that the provisions of this sentence would not have prevented an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds, giving effect to (a) such provisions as so amended and (b) any amendments or interpretations of the Rule. If the City so amends the provisions of this Section, the City shall include with any amended financial information or operating data next provided in accordance with this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. E. Information Format — Incorporation by Reference. The City information required under this Section shall be filed with the MSRB through EMMA in such format and accompanied by such identifying information as may be specified from time to time thereby. Under the current rules of the MSRB, continuing disclosure documents submitted to EMMA must be in word -searchable portable document format (PDF) files that permit the document to be saved, viewed, printed, and retransmitted by electronic means and the series of obligations to which such continuing disclosure documents relate must be identified by CUSIP number or numbers. Financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document) available to the public through EMMA or filed with the SEC. SECTION 38. Book -Entry Only System. The Bonds shall 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 Bond 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). 82337526.5 -36- With respect to the Bonds registered in the name of Cede & Co., as nominee of DTC, the City and the Paying Agent/Registrar shall have no responsibility or obligation to any broker-dealer, bank, or other financial institution for which DTC holds the Bonds from time to time as securities depository (a Depository Participant) or to any person on behalf of whom such a Depository Participant holds an interest in the Bonds (an Indirect Participant). Without limiting the immediately preceding sentence, the City and the Paying Agent/Registrar shall have no responsibility or obligation with respect to: (i) the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Bonds; (ii) the delivery to any Depository Participant or any other person, other than a registered owner of the Bonds, as shown on the Security Register, of any notice with respect to the Bonds, including any notice of redemption; or (iii) the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a Holder of a Bond, of any amount with respect to principal of, premium, if any, or interest on the Bonds. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive a bond 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 DTC 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 39. 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 Purchase Contract, the Paying Agent/Registrar Agreement, and the Official Statement. In addition, prior to the initial delivery of the Bonds, any Authorized 82337526.5 -37- 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 and as described in the Official Statement necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance, (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 40. 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. 82337526.5 [The remainder of this page intentionally left blank.) -38- PASSED, APPROVED AND ADOPTED on the 30 day of March, 2015. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS 30 DAY OF MARCH, 2015: Miles Risley, City Attorney 82337526.5 [The remainder of this page intentionally left blank.] S-1 THE STATE OF TEXAS COUNTY OF NUECES § § § I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 31St day of March, 2015, authorizing the issuance of the City's General Improvement Refunding Bonds, of a to be determined series, which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 31St day of March, 2015. (CITY SEAL) 82337526.5 S-2 City Secretary The foregoing ordinance was read for the first time and passed to its second reading on this the 24th day of March, 2015, by the following vote: Nelda Martinez Chad Magill Lillian Riojas Mark Scott Carolyn Vaughn Brian Rosas Lucy Rubio Colleen McIntyre Rudy Garza, Jr. That the foregoing ordinance was read for the second time and passed finally on this the 31st day of March, 2015, by the following vote: Nelda Martinez Chad Magill Lillian Riojas Mark Scott Carolyn Vaughn Brian Rosas Lucy Rubio Colleen McIntyre Rudy Garza, Jr. PASSED AND APPROVED, this the 31st day of March, 2015. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor 82337526.5 S-3 INDEX TO SCHEDULES AND EXHIBITS Schedule I Refunded Obligations Schedule II Approval Certificate Exhibit A - Paying Agent/Registrar Agreement Exhibit B - Purchase Contract Exhibit C - Escrow Agreement Exhibit D - Notices of Redemption Exhibit E Description of Annual Financial Information Exhibit F DTC Letter of Representations 82337526.5 I-1 SCHEDULE I REFUNDED OBLIGATIONS 1. City of Corpus Christi, Texas , Series 20 , dated , 20 , issued in the original principal amount of $ and stated to mature on March 1 in each of the years 20 through 20 and March 1, 20 , in the aggregate principal amount of $ The redemption date for the Refunded Obligations is , 2015. 82337526.5 Schedule I-1 82337526.5 SCHEDULE II APPROVAL CERTIFICATE See Tab No. Schedule II -1 82337526.5 EXHIBIT A PAYING AGENT/REGISTRAR AGREEMENT See Tab No. A-1 82337526.5 EXHIBIT B PURCHASE CONTRACT See Tab No. B-1 82337526.5 EXHIBIT C ESCROW AGREEMENT See Tab No. C-1 82337526.5 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 37 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: 1. 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". 2. 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. 82337526.5 E-1 82337526.5 EXHIBIT F DTC Letter of Representations See Tab No. F-1 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 24, 2015 Action Item for the City Council Meeting of March 31, 2015 DATE: March 6, 2015 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP©cctexas.com (361) 826-3227 Appointment of Financial Advisor for Issuance of General Improvement Bonds (Bond 2014 Projects) and General Improvement Refunding Bonds CAPTION: Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for one or more series of "City of Corpus Christi, Texas General Improvement Bonds" in an aggregate principal amount not to exceed $99,495,000, and for one or more series of "City of Corpus Christi, Texas General Improvement Refunding Bonds" in an amount not to exceed $85,000,000. PURPOSE: The City plans on issuing up to $99,200,000 of General Improvement Bonds to fund Bond 2014 projects approved by voters on November 4, 2014. In addition, the City plans on refunding any callable, outstanding general obligation bonds for savings. Currently, there is potentially over $85,000,000 of outstanding general obligation bonds that may be considered. BACKGROUND AND FINDINGS: 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. 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 City Manager, Deputy City Manager, Assistant City Manager for General Government and Operations Support, and Director of Financial Services. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: n/a 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): CIP Funds COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Exhibit A — Financial Advisor Fee Schedule (�. slaw. Jac. 1 NVESTMENT BANKERS FINANCIAL ADVISORY FEE SCHEDULE GENERAL OBLIGATION BONDS More than And Not More than $ $ 250,000 $7,500 plus $20.00 per $1,000 for all over $150,000 250,000 350,000 $9,500 plus $10.00 per $1,000 for all over $250,000 350,000 500,000 $10,500 plus $8.00 per $1,000 for all over $350,000 500,000 700,000 $11,700 plus $7.00 per $1,000 for all over $500,000 700,000 1,000,000 $13,100 plus $6.00 per $1,000 for all over $700,000 1,000,000 1,500,000 $14,900 plus $5.00 per $1,000 for all over $1,000,000 1,500,000 5,000,000 $17,400 plus $3.00 per $1,000 for all over $1,500,000 5,000,000 10,000,000 $27,900 plus $1.65 per $1,000 for all over $5,000,000 10,000,000 20,000,000 $36,150 plus $1.00 per $1,000 for all over $10,000,000 20,000,000 No Limit $46,150 plus $0.85 per $1,000 for all over $20,000,000 REVENUE BONDS AND COMBINATION TAX & REVENUE CERTIFICATES OF OBLIGATION In the event the Bonds to be issued are Revenue Bonds or Combination Tax and Revenue Certificates of Obligation, Refunding, Direct Pay Subsidy or Lease Purchase Obligations, the fee shall be the amount computed from the above schedule, plus 25%. EXHIBIT A AGENDA MEMORANDUM Future Item for the City Council Meeting of March 24, 2015 Action Item for City Council Meeting March 31, 2015 DATE: 3/11/2015 TO: Ronald L. Olson, City Manager THRU: Susan Thorpe, Assistant City Manager SThorpe@cctexas.com 361-826-3898 FROM: Eddie Ortega, Director of Housing and Community Development Edd ieO(a7cctexas.com 361-826-3234 Motion to approve amended Type A Board Affordable Housing Goals and Strategies CAPTION: Motion to approve amended Type A Affordable Goals and Strategies. PURPOSE: The 2014 Type A Affordable Housing Goals and Strategies were amended by the Type A Board at the January 19, 2015 board meeting with the following language under Desired results for Affordable Housing; To increase affordable housing opportunities for stable families to live in quality housing on a long-term basis with a first priority on home ownership and secondary priority on home rental. The proposed 2014 revisions are consistent with the U.S. Department of Housing and Urban Development (HUD) regulations and reflect current economic conditions. BACKGROUND AND FINDINGS At the December 16, 2014 Type A Board meeting the 2006 Goals and Strategies for Affordable Housing were amended to allow for the consideration and funding of eligible "Rental Housing" projects. At the January 19, 2015 Type A Board meeting the recently amended 2014 Goals and Strategies for Affordable Housing were further amended to formalize the priority on Home Ownership as the number one goal and strategy of the Board with the funding on Rental Housing as a second priority. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The approval of the proposed modification will bring this request into conformation with the Type A Board policies and procedures as they apply to the Goals and Strategies of Affordable Housing. EMERGENCY / NON -EMERGENCY: Immediate action is necessary for the efficient and effective administration of the City's affairs. This is a routine, non -controversial item. DEPARTMENTAL CLEARANCES: Housing and Community Development staff, along with the Legal Department staff have reviewed and cleared the proposed amendment. FINANCIAL IMPACT: Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Housing and Community Development staff recommends the proposed amendment to the Type A Affordable Housing Goals and Strategies. LIST OF SUPPORTING DOCUMENTS: Proposed Affordable Housing Goals and Strategies (approved January 19, 2015) Corpus Christi Business and Job Development Corporation Affordable Housing Goals and Strategies Originally approved 2006; revised January 2015 The following Affordable Housing goals, strategies, and activities were developed in 2006 through a series of facilitated meetings that involved various representatives from development, real estate, general business, and the community at -large. This planning effort identified the activities in the City and Region on which to focus time, resources, and attention of the Corpus Christi Business and Job Development Corporation (4A - Board) and City administration. This developed listing of Goals and Strategies will provide specific guidelines and strategic actions and tasks that will be used as an evaluation tool for the annual award of allocated Affordable Housing funds made available through the 118th cent sales tax initiative. The 4A Board should establish specific performance targets with each annual funding allocation and utilize these developed goals and strategies in an annual review to ensure completion of funded projects per proposals and timelines. Revisions in January 2015 are consistent with HUD regulations and current economic conditions. DESIRED RESULTS FOR AFFORDABLE HOUSING: To increase affordable housing opportunities for stable families to live in quality housing on a long-term basis with a first priority on home ownership and secondary priority on home rental. GOAL 1: Increase the availability of affordable, accessible, and fair housing by sponsoring and supporting relevant legislation, regulation, and policy that would provide a direct benefit to the homebuyer: STRATEGY 1.1 Utilize resources/funding available for affordable housing programs to supplement the fees associated with infrastructure/construction costs and thus providing an economic incentive to builders and a direct benefit to homebuyers by sustaining affordability. TASK 1A Support Building Codes for cost effective construction (e.g. the omission of garages and allowing single -loaded driveways in affordable housing construction, and reducing the costs of development/construction fees associated with affordable housing projects) TASK 1.B Support Development Codes and Zoning Regulations (e.g. platting, allowing alternative housing in residential zoned districts) TIME FRAME: On-going with the initiation of these efforts in October 2006 RESPONSIBLE ORGANIZATIONS: City of Corpus Christi, Development Services, Planning Commission, City Council, Association of General Contractors, Builders Association, Coastal Bend Council of Governments Affordable Housing Committee EXPECTED OUTCOMES: To attract and retain builders for the construction of affordable housing and securing the price of affordable housing by reducing the construction and development costs and streamlining permitting processes. GOAL 2: Increase the availability of affordable, accessible, and fair housing to the citizens of the City Corpus Christi: STRATEGY 2.1 Provide purchase/payment assistance to potential homebuyers and assistance for development of affordable rental property TASK 2.A Support programs that provide assistance for homebuyers to buy down interest rates on affordable housing loans/mortgages TASK 2.B Support programs that provide assistance for homebuyers with down payment and closing costs on affordable housing TASK 2.0 Support programs and services that reduce loan amounts on affordable housing TASK 2.D Support programs that provide assistance for the development and sustainability of affordable and accessible rental property TIME FRAME: On-going RESPONSIBLE ORGANIZATIONS: 4A Board, City of Corpus Christi Community Development, Corpus Christi Community Development Corporation, City Council, Coastal Bend Council of Governments, Community Housing Development Organizations (CHDO), Private and Public Financial Institutions, Non -Profit Housing Counseling Organizations, and Real Estate Industry EXPECTED OUTCOMES: To increase homeownership for single-family residences and the availability of affordable rental property, which will contribute to the overall revitalization and quality of life in existing neighborhoods GOAL 3: Concentrate efforts for affordable housing in target locations STRATEGY 3.1 Support and prioritize infill housing projects in existing neigh- borhoods TASK 3.A Increase the inventory of foreclosed residential lots for increased infill housing projects TASK 3.B Review and identify vacant lots for potential purchase for infill and neighborhood revitalization projects. Utilize foreclosed property at City cost. STRATEGY 3.2 Support rehabilitation projects/programs/services in existing neighborhoods. TASK 3.0 Continue to provide low interest/forgivable loans and grants to homeowners for emergency, minor and major rehabilitation projects. STRATEGY 3.3 Support new development/construction and rehabilitation of affordable housing projects for single family ownership and rental housing. TASK 3.D Provide loans and grants to assist in development, construction and rehabilitation of properties for affordable rental housing. TIME -FRAME: On-going RESPONSIBLE ORGANIZATIONS: City of Corpus Christi, Nueces County, Private and Public Financial Institutions, Non-profit Housing Counseling Organizations, Community Housing Development Organizations, Corpus Christi Community Development Corporation EXPECTED OUTCOMES: To increase home ownership of single-family residences in established and new neighborhoods. To increase availability of affordable rental housing in established and new neighborhoods. To improve the overall quality of life in existing neighborhoods. GOAL 4: To increase the participation and availability of Builders, Manufacturers, and Suppliers for affordable housing projects. STRATEGY 4.1 Support the use of industrialized (modular) and other alternative housing in existing neighborhoods. TASK 4.A Research and solicit qualified builders, manufacturers, and suppliers of alternative housing products. TASK 4.B Solicit the support of Economic Development Agencies, the Association of General Contractors and the Builders Association for affordable housing construction alternatives. TIME FRAME: On-going with the initiation of the research to begin November 2006 RESPONSIBLE ORGANIZATIONS: City of Corpus Christi, Coastal Bend Council of Governments Affordable Housing Committee, and Community Housing Development Organizations (CHDO), Associations of Builders and Contractors EXPECTED OUTCOMES: The availability of affordable housing options will be increased and varied. AGENDA MEMORANDUM Future Item for the City Council Meeting of March 24, 2015 Action Item for the City Council Meeting of March 31, 2015 DATE: TO: February 20, 2015 Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Mark Van Vleck, P.E., Executive Director, Utilities MarkVV@cctexas.com (361) 826-1874 Engineerinq Contract City -Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity Program CAPTION: Motion authorizing the City Manager or designee to execute Amendment No. 5 to the engineering contract with LNV, Inc. of Corpus Christi, Texas in the amount of $238,550 for a total restated fee not to exceed $542,470 and to execute Amendment No. 1 to the engineering contract with Urban Engineering of Corpus Christi, Texas in the amount of $120,880 for a total restated fee not to exceed $241,760 for the City -Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity (IDIQ) Program. PURPOSE: The purpose of this agenda item is to obtain authority to execute professional service contracts needed for the City -Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity (IDIQ) Program. BACKGROUND AND FINDINGS: In February 2013, the City awarded original contracts to Urban Engineering, LNV Inc., and Coym, Rehmet & Gutierrez Engineering, L.P (CRG) to provide engineering services in the form of Delivery Orders (DO) for the City -Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity (IDIQ) Program. These amendment contracts authorize Urban Engineering and LNV, Inc. to continuously provide engineering services for the City Wastewater IDIQ program. The Coym, Rehmet & Gutierrez Engineering, L.P. contract still has unspent funds in their original contract to provide engineering services, and therefore, was not included in this agenda item. The Program consists of wastewater collection system infrastructure repair /replacement in the six wastewater plant service basins. The scope of work includes, but is not limited to: rehabilitation and/or replacement of manholes, rehabilitation and/or replacement of gravity collection lines and/or force mains by pipe bursting, cured -in-place pipe, and/or open -cut method for lines up to 36 -inches in diameter, gravity line point repairs, dewatering through well pointing, control of wastewater flows through bypass pumping, cleaning and televised inspection of conduits, as needed Storm Water Pollution Prevention Plans/permit compliance (subsidiary), and temporary traffic controls. Delivery orders shall be prepared by one of the three Engineers as follows: WASTEWATER SERVICE BASINS ENGINEER RESPONSIBLE FOR PREPARING DELIVERY ORDERS 1. Allison Urban Engineering 2. Broadway 3. Greenwood LNV, Inc. 4. Oso 5. Laguna Coym, Rehmet & Gutierrez Engineering, L.P. 6. Whitecap On March 19, 2013, City Council awarded construction contract with amount of $5,500,000 to National Power Rodding Corporation (NPRC) for a two-year base term (24 -calendar months), plus the option to extend for up to three one-year periods (12 -calendar months). The base construction contract amount was exhausted in early 2014, and the City administratively renewed another two year construction contract on April 22, 2014 since NPRC's construction performance was satisfactory and budget was available in FY 2013-14. LNV, Inc., Urban Engineering and Coym, Rehmet and Guiterrez were selected through RFQ No. 2011-05. Selection was based upon qualifications and consistent with the RFQ criteria. ALTERNATIVES: 1. Authorize the execution of the engineering contract. 2. Do not authorize the execution of the engineering contract. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $12,566,600.00 $7,950,000.00 $20,516,600.00 Encumbered / Expended Amount $5,909,456.00 $5,153,717.00 $11,063,173.00 This Item (LNV) $238,550.00 $238,550.00 This Item (Urban) $120,880.00 $120,880.00 Future Anticipated Expenditures This Project $1,353,277.00 $1,353,277.00 BALANCE $6,657,144.00 $1,083,576.00 $7,740,720.00 Fund(s): Wastewater CIP #5 Comments: This project requires approximately 365 calendar days with anticipated completion in April 2016. The amendment will result in the expenditure of an amount not to exceed $238,550 for LNV, Inc. and $120,880 for Urban Engineering. RECOMMENDATION: City Staff recommends approval of Amendment No. 5 to the engineering contract with LNV, Inc. of Corpus Christi, Texas in the amount of $238,550 for a total restated fee not to exceed $542,470 and to execute Amendment No. 1 to the engineering contract with Urban Engineering of Corpus Christi, Texas in the amount of $120,880 for a total restated fee not to exceed $241,760 for the City -Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity (IDIQ) Program. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET CITY-WIDE COLLECTION SYSTEM REPLACEMENT AND REHABILITATION INDEFINITE DELIVERY/INDEFINITE QUANTITY PROGRAM FUNDS AVAILABLE: Wastewater CIP FY 2013-2014 $12,566,600.00 Wastewater CIP FY 2014-2015 $7,950,000.00 TOTAL $20,516,600 FUNDS REQUIRED: *Construction FY 2013-2014 (National Power Rodding Corp) $5,222,045 *Construction FY 2014-2015 (National Power Rodding Corp) $5,500,000 Contingencies (10%) $550,000 Engineer Fees: *Engineer (LNV, Inc.) $162,950 Engineer Amendments No. 1-4 (LNV, Inc.) $140,970 Engineer Amendment No. 5 THIS CONTRACT (LNV, Inc.) $238,550 *Engineer (Urban Engineering) $120,880 Engineer Amendment No. 1 THIS CONTRACT (Urban Engineering) $120,880 *Engineer (Coym, Rehmet & Gutierrez Engineering, LP) $120,880 Geotechnical Study & Testing (Rock Engineering) $9,014 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) $187,635 Engineering Services (Project Mgmt/Construction Mgmt) $348,466 Misc $53,610 TOTAL $12,775,880 PROJECT BUDGET BALANCE $7,740,720 *Original contracts approved by City Council on March 19, 2013 by Motion No. M2013-047. Professional services performed were authorized under individual contracts. Note: City -Wide Project PROJECT # E14015 LOCATION MAP NOT TO SCALE City -Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity Program CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS -."1"- PAGE 1 OF 1 - PAGE1OF1 Corpus Chr°sti Capital Programs City -Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity Program Council Presentation March 24, 2015 Project Scope Corpus Chr sti Capital Programs City -Wide Project PROJECT #: E14015 Project Schedule Corpus Chr sti Capital Programs Apr May Jun Sep Oct Nov Dec Jan Feb Mar Contract Services Project Estimate: 365 Calendar Days N 12 Month Projected Schedule reflects City Council award in March 2015 $162,950 $140,970 $238,550 $120,880 $120,880 $120,880 $9,014 $589,711 $12,775,880 $5,222,045 $5,500,000 $550,000 Project Budget (&4 Corpus Chr sti Capital Programs FUNDS AVAILABLE: Wastewater CIP FY2013-2014 $12,566,600.00 Wastewater CIP FY2014-2015 $7,950,000.00 TOTAL $20,516,600 FUNDS REQUIRED: *Construction FY2013-2014 (National Power Rodding Corp) *Construction FY2014-2015 Estimate (National Power Rodding Corp) Contingencies (10%) Engineer Fees: *Engineer (LNV, Inc.) Engineer Amendments No. 1-4 (LNV, Inc.) Engineer Amendment No. 5 THIS CONTRACT (LNV, Inc.) *Engineer (Urban Engineering) Engineer Amendment No. 1 THIS CONTRACT (Urban Engineering) *Engineer (Coym, Rehmet & Gutierrez Engineering, LP) Geotechnical Study & Testing (Rock Engineering) Reimbursements TOTAL PROJECT BUDGET BALANCE $7,740,720 *Original contracts approved by City Council on March 19, 2013 by Motion No. M2013-047. Professional services performed were authorized under individual contracts. CITY OF COPRUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES AMENDMENT NO. 5 The City of Corpus Christi, Texas hereinafter called "CITY", and LNV, Inc. hereinafter called "ENGINEER" agree to the following amendment to the Contract for Professional Services for City -Wide Collection System Replacement and Rehabilitation indefinite Delivery/Indefinite Quantity (1010) Program (Project No. E12161/E14015), as authorized and amended by: Original Agreement March 19, 2013 Motion No. M2013-047 $162,950.00 Amendment No. 1 February 5, 2014 Administrative Approval $49,000.00 Amendment No. 2 May 12, 2014 Administrative Approval $39,850.00 Amendment No. 3 July 7, 2014 Administrative Approval $5,820.00 Amendment No. 4 January 23, 2015 Administrative Approval $46,300.00 Exhibit "A", Section I. Scope of Services, Part A. Basic Services, Item No. 3 Construction Phase shall be amended to include additional Design Phase Services as specified in the attached Amendment No. 5 Exhibit "A". Exhibit "A", Section I. Scope of Services, Part B. Additional Services, Item No. 2 Warranty Phase and Item No. 3 Consultant and Invoice Coordination shall be amended to include services as specified in the attached Amendment No. 5 Exhibit "A". Exhibit "A", Section III. Fees, shall be amended as specified in the attached Amendment No. 5 Exhibit "A" for a revised fee not to exceed $238,550.00 (Two Hundred Thirty -Eight Thousand Five Hundred Fifty Dollars and Zero Cents), for a total restated fee not to exceed $542,470.00 (Five Hundred Forty - Two Thousand Four Hundred Seventy Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Exhibit "B". All other terms and conditions of the March 19, 2013 contract between the City and Engineer, and any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI LNV, Director of Capital Programs (Date) R. S. Leyendecker, P.E., 'resident :01 Navigation, Suite 300 RECOMMENDED Corpus Christi, TX 78408 (361) 883-1984 Office (361) 883-1986 Fax Operating Department (Date) APPROVED AS TO FORM Assistant City Attorney (Date) for City Attorney AMEND. NO. 5 Page 1 of 2 K.%ENGINEERING DATAEXCHANGE\JENNIEERIWASTEWATER\E12161 & E14015 CITYWIDE COLLECTION SYSTEM REPLACEMENT & REHAB IDIQ44E CONSULTANT LNV\AMENDMENT NO. 54CONTRACT.DOCX APPROVED Office of Management and Budget (Date) ATTEST Rebecca Huerta, City Secretary Project No: E14015 Accounting Unit: 4254-042 Account: 550950 Activity: E 14015014254 EX P Account Category: 50950 Fund Name: Wastewater 2015 AMEND. NO. 5 Page 2 of 2 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E12161 & E14015 CITYWIDE COLLECTION SYSTEM REPLACEMENT & REHAB IDIQ\AE CONSULTANT LNV\AMENDMENT NO. 5\CONTRACT.DOCX CNV engineers architects contractors Solutions Today with a Vision for Tomorrow December 9, 2014 Jerry Shoemaker, P.E. Acting Director of Capital Programs City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 Re: Amendment No. 5 to Professional Services Contract City Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity Program City Project No. E12161/E14015 Dear Mr. Shoemaker: In response to City request, we are proposing the following contract amendment for the City Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity Program. Project Description: The City of Corpus Christi, Texas, hereinafter called "City", and LNV, Inc., hereinafter called "Engineer", agree to the following Contract Amendment for Engineering and Consulting Services to develop and issue delivery order packages for the City Wide Collection System Replacement & Rehabilitation Indefinite Delivery/Indefinite Quantity Program (Oso & Greenwood service basins). The original contract was based on 1/3 of the work occurring in the respective basins shown in the table below. However, the Oso and Greenwood basins consist of approximately 65% of the City's collection system and 62% of the sanitary sewer overflows; therefore, the majority of delivery order sites issued have been located in these basins. This amendment will increase the Basic Services Construction Phase (Allowance) for the Engineer to continue issuing delivery orders and providing construction phase services, it will increase the Additional Service Warranty Phase associated with the additional delivery order sites as described in Scope of Services below, and it will increase the Consultant and Invoice Coordination amount. The additional allowance in this amendment is the estimated maximum amount required for the Engineer to complete the 2 -year Renewal Construction Contract. WASTEWATER SERVICE BASINS ENGINEER RESPONSIBLE FOR PREPARING DELIVERY ORDERS 1. ALLISON URBAN ENGINEERING 2. BROADWAY 3. GREENWOOD LNV, INC. 4. OSO 5. LAGUNA COYM, REHMET & GUTIERREZ 6. WHITECAP AMEND. NO. 5 EXHIBIT "A" Page 1 of 5 1. SCOPE OF SERVICES The Scope of Services for this contract amendment consists of preparing delivery order documents including site work descriptions, exhibits, utility basemaps, engineer's estimates, and site photos and associated construction phase services described below. The original contract shall be modified to include the following: A. BASIC SERVICES 1. Preliminary Phase. (N/A) 2. Design Phase. (N/A) 3. Bid Phase. (N/A) 4. Construction Phase. The A/E will perform contract administration to include the following: a. Participatc in prc construction mceting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. format" suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum the Introduction, Table of Contents, and Index will be in HTML (HyperText Markup Language) format, with HyperText links to the other pates of them Th em„der of the manual can be CaR Rcd ages or a mixture of TIFF, JPEG, etc.. Confirm before delivery of the manuals that all ccanncd imagc computer Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals on a CD ROM, not on floppy disks. i. Review construction "red -line" drawings, prepare record drawing& of the Project as constructed (from the "red -line" drawings, inspection, and the contractor AMEND. NO. 5 EXHIBIT "A" Page 2 of 5 provided plans). ute data will be provided in ASCII format iii tabular form. All electronic data will be compatible with the City GIS system. k. Delivery Orders • Engineer will perform site visits, review video inspections, and meet with City to identify wastewater collection system issues and the possible rehabilitation options. • Engineer will submit a "draft" version of each non -emergency delivery order for the City's review and comment prior to issuing the final delivery order. • Delivery orders will include a short narrative of the expected work for each site, a site exhibit depicting work location, quantities, and rehabilitation methods, a utility base map identifying all known utilities in the area, an engineer's estimate, and any other reference material that may aid the Contractor during construction including video inspection reports, City work orders, old plans, etc. • The Delivery Order allowance will be billed, at rates shown in the Compensation Table below, as the final delivery orders are issued to the Contractor and are assumed to be limited to a max of 30 separate delivery order packets for the renewed 2 -year contract. The City staff will: a. Prepare applications/estimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. A. 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 will not begin work on this section without specific written approval by the Acting Director of Capital Programs. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Acting Director of Capital Programs as required. The A/E will, with written authorization by the Acting Director of Capital Programs, do the following: 1. Topographic Survey (N/A) 2. Warranty Phase • Engineer will prepare a list of all sites completed at the end of each 12 - month period for the City and recommend acceptance of the sites and commencement of the warranty period. All listed sites will have the same completion date and warranty expiration date. • Engineer will provide a warranty inspection of all sites toward the end of the 12 -month period and generate a warranty items punch list. • The Warranty Phase allowance is based on two (2) 12 -month warranty periods. 3. Consultant and Invoice Coordination • Engineer will provide interpretations/clarifications on ID/IQ plans, AMEND. NO. 5 EXHIBIT "A" Page 3 of 5 specifications and procedures. • Engineer will prepare and maintain a Site Summary List detailing construction status and total invoiced amount for each delivery order site • Engineer will create a site quantity form for consultant's monthly execution. • Engineer will compile consultant's site quantity forms and submit a single pay application to the City on a monthly basis. • Engineer will track overall project money and provide City with regular updates on status of remaining funds. 4. Traffic Control Plans (N/A) 5. City-wide Pipe Bursting IDIQ Contract Docs. & Bid Package (N/A) II. SCHEDULE Day Date Activity Weekday April 2016 Complete Construction (E14015) III. FEES A. Fee for Basic Services. The City will pay the A/E a fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1-4, A/E will submit monthly statements for basic services rendered. The construction phase allowance will be billed at the percentage rate associated with the delivery order amount as described in the Compensation Table below in the Summary of Fees section. The amount actually billed is entirely dependent on the value of delivery orders issued and the full amount may not be needed. I-14 Section I.A.1 3, the statement will be based upon A/E's estimate (and City concurrence) services provided in Section I.A.'I, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Acting Director of Capital Programs under Section I.B. "Additional Services," the City will pay the A/E a not -to - exceed fee as per the table below. All additional service fees are unauthorized allowances requiring authorization by the Acting Director of Capital Programs. Original Contract fees were based on the City's budget for the 6 service basins of $5,500,000.00 (2 -year Base Contract) with up to one-third (1/3) of work performed in any two (2) basins. However, the Oso and Greenwood basins consist of approximately 65% of the City's collection system and 62% of the sanitary sewer overflows; therefore, the majority of delivery order sites issued in the original contract were located in these basins. The fees in this Amendment are based on this estimated distribution of delivery orders. AMEND. NO. 5 EXHIBIT "A" Page 4 of 5 Summary of Fees — - -- ORIGINAL CONTRACT AMD. No.1 AMD. No. 2 AMD. No.3 AMD, No, 4 AMD. No.5 TOTAL BASIC SERVICES 1.PrehminaryPhase $ - 5 - 5 - 5 - $ - $ $ 2. Design Phase $ _ - 5 -_ $ - $ - 5 - $ - 5 - 3.Bid Phase $ - $ - $ - $ - $ - $ - $ - 4.Construction Phase (Allawance) $ 112,500,00 $ 49,000.00 $ 38,600.00 $ - $ - 5190,000.00 $ 390,100.00 Subtotal Basic Services $ 112,500.00 5 49,000.00 $ 38,600.00 $ - $ - 5190,000.00 $ 390,100.00 ADDPPIONAL SERVICES (Allowance) 1. Topographic Survey $ 3,080.00 $ - $ $ (3,080.00) $ - $ - $ - 2. Warranty Phase $ 5,300.00 $ - $ 1,250.00 $ - 5 - $ 6,550.00 $ 13,100.00 3. Consultant and Invo]ce Coordi nation 5 42,070.00 $ - $ - $ - $ - $ 42,000.00 $ 84,070.00 4.TraflcControl Plans 5 - $ - $ - $ 8,900.00 $ - $ - $ 8,900.00 5. City-wide Pipe Bursintg I DI Contract Docs. & Bid Package $ - $ - $ - $ - $ 46,300.00 $ 5 46,300.00 Subtotal Additional Services $ 50,450.00 $ - $ 1,250.00 $ 5,820.00 $ 46,300.00 $ 48,550.00 $ 152,370.00 TOTAL AUTHORIZED FEE 5 162,950.00 $ 49,000.00 $ 39,850.00 5 5,820.00 $ 46,300.00 5238,550.00 $ 542,470.00 Note: 1. The fee depends on the value of the delivery orders issued. The following compensation table will be used to determine the fee; COMPENSATION TABLE Construction Cost of Delivery Order $0 to $30,000 $30,000 to $100,000 $100,000 to $150,000 $150,000 to $250,000 $250,000 to $350,000 Over $350,000 A/E Fee $3,750 (Flat Rate) 10.0% 6.25% 5.5% 5.0% 4.75% All other terms and conditions of the March 26, 2013 contract and amendments between the City and Consultant will remain in full force and effect. Sincerely, LNV, Inc. TBPE Firm. -No. F-366 Dr S. L-yendecker, P.E. AMEND. NO. 5 EXHIBIT "A" Page 5 of 5 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for. Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of Corpus 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,lanswer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: LNV Engineering P. O. BOX: STREET ADDRESS: 801 Navigation, Suite 300 CITY: Corpus Christi ZIP: 78408 FIRM IS: 1. Corporation 4. Association X 0 2. Partnership 5. Other • 3. Sole Owner DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name 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 j )1� 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 to 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 /t! 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 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 �r Dan S. Leyendecker, P. E. Title: President (Type or Print) Signature of Certifying Person: DEFIINITIONS Date: a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. '`Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES AMENDMENT NO. 1 The City of Corpus Christi, Texas hereinafter called "CITY", and Urban Engineering hereinafter called "ENGINEER," agree to the following amendment to the Contract for Professional Services for City -Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity (IDIQ) Program (Proiect No. E12161/E14015), as authorized and amended by: Original Agreement March 19, 2013 Motion No. M2013-047 $120,880.00 Exhibit "A", Section I. Scope of Services, Part A. Basic Services. Item No. 4 Construction Phase shall be amended to include services as specified in the attached Amendment No. 1 Exhibit "A". Exhibit "A", Section I. Scope of Services, Part B. Additional Services, Item No. 1 Topographic Survey and Item No. 2. Warranty Phase shall be amended to include services as specified in the attached Amendment No. 1 Exhibit "A". Exhibit "A". Section III. Fees shall be amended as specified in the attached Amendment No. 1 Exhibit "A", for a revised fee not to exceed $120,880.00 (One Hundred Twenty Thousand Eight Hundred Eighty Dollars and Zero Cents), for a total restated fee not to exceed $241,760.00 (Two Hundred Forty -One Thousand Seven Hundred Sixty Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Exhibit "B". All other terms and conditions of the March 19, 2013 contract between the City and Engineer, and any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI URBAN ENGINEERING Director of Capital Programs (Date) RECOMMENDED Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney for City Attorney Date (2 S ( 5 James L. Urban, P.E. D to Principal 2725 Swantner Drive Corpus Christi, Texas 78404 (361) 854-3101 Office (361) 854-6001 Fax AMEND. NO. 1 Page 1 of 2 KIENGINEERING DATAEXCHANGEWENNIFERIWASTEWATER'E12161 & E14015 CITYWIDE COLLECTION SYSTEM REPLACEMENT & REHAB IDIQIAE CONSULTANT URBANIAMENDMENT NO. 1\CONTRACT.DOCX APPROVED Office of Management and Budget Date ATTEST Rebecca Huerta, City Secretary Project No: E14015 Accounting Unit: 4254-042 Account: 550950 Activity: E 14015014254 EX P Account Category: 50950 Fund Name: Wastewater 2015 CIP AMEND. NO. 1 Page 2 of 2 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E12161 & E14015 CITYWIDE COLLECTION SYSTEM REPLACEMENT & REHAB IDIQWE CONSULTANT URBAN\AMENDMENT NO. 1\CONTRACT.DOCX EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS City -Wide Collection System Replacement & Rehabilitation ID/IQ Procurement City Project No. E12161/E14015 Delivery orders will be prepared by one of three (3) AE's as follows: WASTEWATER SERVICE BASINS ENGINEER RESPONSIBLE FOR PREPARING DELIVERY ORDERS 1. ALLISON URBAN ENGINEERING 2. BROADWAY 3. GREENWOOD LNV, INC. 4. OSO 5. LAGUNA COYM, REHMET & GUTIERREZ 6. WHITECAP I. SCOPE OF SERVICES A. Basic Services. (N/A) 1. Preliminary Phase. (N/A) 2. Design Phase. (N/A) 3. Bid Phase. (N/A) 4. Construction Phase. The A/E will perform contract administration to include the following: a. Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. AMEND. NO. 1 EXHIBIT "A" Page 1 of 4 g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. preparation of operating and maintenance manuals (by the Contractor) for all cquipmcnt installed on this Projcct. These manuals will be in a "multimedia format" suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum thc Introduction, Table of Contents, and Index will be in HTML (HyperText Markup Language) format, with HyperText links to thc other parts of thc manual. The remainder of the manual can be scanned images or a mixture of scanned images and tcxt. Use thc common formats for scanned images GIF, TIFF, JPEG, etc.. Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver thc manual& on a CD ROM, not on floppy disks. Review construction "red -line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans). and deliver to thc Engineering Services a reproducible set and cicctronic file (AutoCAD r.1/1 or later) of the record drawings within two (2) months of final acceptance of thc project. All drawings will be CADD drawn using dwg format in separate file. Attribute data will be provided in ASCII format in tabular form. All cicctronic data will be compatible with thc City GIS system. The City staff will: a. Prepare applications/estimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. 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 will not begin work on this section without specific written approval by the Executive Director of Public Works. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by Executive Director of Public Works as required. The A/E will, with written authorization by Executive Director of Public Works, do the following: 1. Topographic Survey. A/E will provide field surveys, as required for design including the necessary control points (up to 1 site), coordinates and elevations of points (as required for the aerial mapping of the Project area - aerial photography to be provided by City). Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. A/E will submit obtained in Section 2. A strip map showing all parcels required will be submitted along with parse) descriptions. The A/E will field mark and delineate all new right of wad -lines upon request of the City's Land Acquisition Division. AMEND. NO. 1 EXHIBIT "A" Page 2 of 4 2. Warranty Phase. Provide a maintenance guaranty inspection toward the end of two (2) one-year periods after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. • Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A." Note: The Exhibit "A-1" Task List does not supersede Exhibit "A." II. SCHEDULE Day Date Activity Tuesday February, 2015 Contract Award Weekday March 2015 Contractors NTP Weekday March 2017 Complete Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1-4, A/E will submit monthly statements for basic services rendered. The construction phase allowance will be billed at the percentage rate associated with the delivery order amount as described in the Compensation Table below in the Summary of Fees section. The amount actually billed is entirely dependent on the value of delivery orders issued and the full amount may not be needed. In Section I.A.1 3, the statement will be based upon A/E's cstimatc (and City concurrcncc) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A./1, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. AMEND. NO. 1 EXHIBIT "A" Page 3 of 4 B. Fee for Additional Services. For services authorized by the Executive Director of Public Works under Section I.B. "Additional Services," the City will pay the A/E a not -to -exceed fee as per the table below. All additional service fees are unauthorized allowances requiring authorization by the Executive Director of Public Works. Fees are based on the City's budget for the 6 service basins of $5,500,000.00 (2 - year Base Contract) with up to one-third (1/3) of work performed in any two (2) basins. Summary of Fees Basic Services Fees Original Contract Amendment No.1 Total 1. Preliminary Phase N/A N/A N/A 2. Design Phase N/A N/A N/A 3. Bid Phase N/A N/A N/A 4. Construction Phase (Allowance) $112,5001 $112,500' $225,000 Subtotal Basic Services Fees $112,5001 $112,5001 $225,000 Additional Services Fees (Allowance) 1. Topographic Survey $3,080 $3,080 $6,160 2. Warranty Phase $5,300 $5,300 $10,600 Sub -Total Additional Services Fees Authorized $8,380 $8,380 $16,760 Total Authorized Fee $120,880 $120,880 $241,760 Note: 1. The fee depends on the value of the delivery orders issued. The following compensation table will be used to determine the fee; COMPENSATION TABLE Construction Cost of Delivery Order $0 to $30,000 $30,000 to $100,000 $100,000 to $150,000 $150,000 to $250,000 $250,000 to $350,000 Over $350,000 A/E Fee $3,750 (Flat Rate) 10.0% 6.25% 5.5% 5.0% 4.75% If the average value for a delivery order is $150,000 then the total basic services fee would be as follows: $5,500,000/3 = $1,833,333 (available for each consultant) # Delivery orders = $1,833,333/$150,000 = 12 Fee = 12 orders x $150,000 x 6.25% = $112,500 AMEND. NO. 1 EXHIBIT "A" Page 4 of 4 EXHIBIT "A-1" CITY OF CORPUS CHRISTI, TEXAS City -Wide Collection System Replacement & Rehabilitation ID/IQ Procurement City Project No. E12161/E14015 Delivery orders will be prepared by one of three (3) AE's as follows: WASTEWATER SERVICE BASINS ENGINEER RESPONSIBLE FOR PREPARING DELIVERY ORDERS 1. ALLISON URBAN ENGINEERING 2. BROADWAY 3. GREENWOOD LNV, INC. 4. OSO 5. LAGUNA COYM, REHMET & GUTIERREZ 6. WHITECAP TASK LIST BASIC SERVICES 1. Preliminary Phase (N/A) 2. Design Phase (N/A) 3. Bidding Phase (N/A) 4. Construction Phase — Basic Construction Phase Services a. Perform standard construction phase services for each delivery order as described in Exhibit A. The Construction Phase fee will be billed as delivery order improvements are constructed at the rates shown in the Compensation Table in Exhibit A. Deliver Orders a. Engineer will perform site visits, review video inspections, and meet with City to identify wastewater collection system issues and the possible rehabilitation options. b. Engineer will submit a "draft" version of each non -emergency delivery order for the City's review and comment prior to issuing the final delivery order. c. Delivery orders will include a short narrative of the expected work for each site, a site exhibit depicting work location, quantities, and rehabilitation methods, a utility base map identifying all known utilities in the area, an engineers estimate, and any other reference material that may aid the Contractor during construction including video inspection reports, City work orders, old plans, etc. d. The Delivery Order allowance will be billed, at rates shown in the Compensation Table in Exhibit A, as the final delivery orders are issued to the Contractor and are assumed to be limited to a max of 30 separate delivery order packets for the base 2 -year contract. The fee is based on the one-third (1/3) of the 2 -Year base contract budget of $5,500,000.00. AMEND. NO. 1 EXHIBIT "A-1" Page 1 of 2 ADDITIONAL SERVICES 1. Topographic Survey a. Topographic survey is not anticipated to be needed on most deliver order sites, except where horizontal and/or vertical control is critical for the design and construction of the proposed improvements to avoid potential conflicts, and/or to confirm slopes, etc. b. The Topographic Survey allowance is based on one (1) 8 -hr day of (2 -man) field crew work and is sufficient for up to one (1) site. 2. Warranty Phase a. Engineer will prepare a list of all sites completed at the end of each 12 -month period for the City and recommend acceptance of the sites and commencement of the warranty period. All listed sites will have the same completion date and warranty expiration date. b. Engineer will provide a warranty inspection of all sites toward the end of the 12 -month period and generate a warranty items punch list. c. The Warranty Phase allowance is based on two (2) 12 -month warranty periods. AMEND. NO. 1 EXHIBIT "A-1" Page 2 of 2 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for. Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Urban Engineering P. O. BOX: STREET ADDRESS: 2725 Swantner Drive FIRM IS: I. Corporation 2. Partnership 4. Association 5. Other CITY: Corpus Christi ZIP: 78404 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.' Name AM 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 iv/ 4 Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name 1\14 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 Iv 11 Consultant LI 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 I certify that all information provided is true and correct as of the date of this statement, that 1 have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: James L. Urban, F.E. Title: Principal (Type or Print) Signature of Certifying Person: DEFINITIONS Date: t I2� i7 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. AGENDA MEMORANDUM City Council Meeting of March 24, 2015 DATE: TO: March 6, 2015 Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Presentation of Debt STAFF PRESENTER(S): Name Title/Position Department 1. Constance P. Sanchez Director Financial Services 2. Alma Casas Assistant Director Financial Services 3. OUTSIDE PRESENTER(S): Name Title/Position Organization 1. 2. 3. BACKGROUND: This presentation discusses the various types of municipal debt, the City of Corpus Christi's outstanding debt at September 30, 2014, and the City's projected debt. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Presentation on Debt City of Corpus Christi Presentation on Debt March 24, 2015 Types of Municipal Debt • Debt paid for by property (ad valorem) taxes — General Obligation (GO) bonds — voter approved — Certificates of Obligation (CO) — non voter- approved — Tax Notes — non voter -approved • Debt paid by a specific revenue stream — Revenue Bonds City of Corpus Christi Debt at September 30, 2014 General Obligation Debt • Debt paid for by property (ad valorem) taxes • Fiscal Year 2015 Property Tax Rate — M840 (Maintenance and Operations) $0.376806 per $100 valuation — I&S (Interest and Sinking Fund) $0.208458 per $100 valuation — Total $0.585264 per $100 valuation Property Tax Cap Maximum Tax Rate per State Law $2.50 I&S $1.50 City of Corpus Christi Tax Cap $2.18 $0.68 + voter approved debt M&O + non-voter approved debt <$0.68 Current =$0.42 M&O - Maintenance and Operations I&S - Interest and Sinking Fund I&S (GO Debt) $1.50 Cu rre nt = $0.16 GO Debt Fund General Obligation Debt Beginning Balance Unreserved Reserved Total Total Revenue Total Funds Available Total Debt Payments GO DEBT FUND (2010) PROFORMA ADOPTED 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2020 $ 7,805,000 $ 7,938,354 $ 7,754,589 $ 6,886,496 $ 6,519,192 $ 7,217,179 795,000 803,705 908,066 954,357 1,013,521 1,042,274 8,600,000 8,742,059 8,662,655 7,840,853 7,532,713 8,259,454 40,327,320 45,323,887 46,896,056 50,367,905 52,840,465 53,444,563 48,927,320 54,065,946 55,558,711 58,208,758 60,373,178 61,704,017 40,185,261 45,403,292 47,717,858 50,676,045 52,113,724 55,042,476 Ending Balance Unreserved 7,938,354 7,754,589 6,886,496 6,519,192 7,217,179 5,560,692 Reserved 803,705 908,066 954,357 1,013,521 1,042,274 1,100,850 Estimated Ending Balance $ 8,742,059 $ 8,662,655 $ 7,840,853 $ 7,532,713 $ 8,259,454 $ 6,661,542 General Obligation Debt (Existing and Projected) City of Corpus Christi, Texas General Obligation Bonds - Total Outstanding Debt and Projected Future Debt As of Year Ending September 30, 2014 $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 $10,000,000 $- �° h ryo o g° ry°N goy: Offr ,10:5 Year Ending 9/30 ■ Existing • Future 4 41 d yyry u1' Revenue Debt • Debt paid by a specific revenue stream Utility (revenue bonds) Marina (revenue bonds) Airport (certificates of obligation) Solid Waste (certificates of obligation) Sales Tax (revenue bonds) Tax Increment Financing (TIF) (revenue bonds) Utility Revenue Bonds • Paid by revenues generated from the City's "Combined Utility System" (Water, Wastewater, and Gas). • Although each has its own rates, the combined revenue is used to service this debt. $ 28.95 $ 11.43 $ 40.38 Average Residential Monthly Water Bill Average Residential Monthly Water Bill Water Portion $ 26.49 Stormwater Portion $ 8.27 Total Monthly Average Water Bill $ 34.76 10 $ 29.90 $ 11.94 $ 41.84 10 $ 30.88 $ 12.98 $ 43.86 10 $ 31.70 $ 13.65 $ 45.35 10 Water Debt WATER DEBT TOTAL Water Revenue TOTAL EXISTING DEBT SVC WATER DEBT PROFORMA 2014-2015 $ 45,427,687 36, 342,150 TOTAL ANTICIPATED FUTURE DEBT SVC 0 TOTAL DEBT SERVICE $ 36,342,150 2015-2016 $ 54,400,077 37,466,600 6,053,461 $ 43,520,061 2016-2017 $ 57,966,482 37,449,799 8,923,387 $ 46,373,186 Portion of Average Residential Month y Water Bill Due to Water Debt Scv Water Debt $ 12.36 Total Water Portion of Average Residential Monthly Water Bill Water Portion 26.49 28.95 $ 12.93 $ 29.90 2017-2018 $ 59,564,387 36,600,137 11,051,373 $ 47,651,509 $ 13.28 $ 30.88 2018-2019 $ 62,206,383 36,581,554 13,183,552 $ 49,765,107 $ 13.65 $ 31.70 11 Stormwater Debt STORMWATER DEBT TOTAL StormWater Revenue STORMWATER FUND DEBT PROFORMA 2014-2015 $ 17,951,195 TOTAL EXISTING DEBT SVC $ 14,360,956 TOTAL ANTICIPATED FUTURE DEBT SVC $ TOTAL DEBT SVC 2015-2016 $ 20,854,480 $ 13,802,528 $ 2,881,055 2016-2017 $ 22,339,929 $ 13, 790, 033 $ 4,081,911 2017-2018 $ 24,148,897 $ 13,776,805 $ 5,542,313 2018-2019 $ 26,279,531 $ 13,764,509 $ 7,259,116 $ 14,360,956 $ 16,683,584 $ 17,871,943 Portion of Average Residential Monthly Water Bill Due to Stormwater Debt Scv Stormwater Debt $ 6.75 $ 6.97 $ 7.40 $ 19,319,118 $ 21,023,625 $ 8.36 $ 8.94 Total Stormwater Portion of Average Residential Monthly Water Bill Stormwater Portion $ 8.27 11.43 $ 11.94 $ 12.98 $ 13.65 Wastewater Debt WASTEWATER DEBT TOTAL WasteWater Revenue TOTAL EXISTING DEBT SVC TOTAL ANTICIPATED FUTURE DEBT SVC TOTAL DEBT SVC WASTEWATER FUND DEBT PROFORMA 2014-2015 2015-2016 $ 27,180,096 $32,306,162 $ 21,744,076 $ 18,664,583 $ - $ 7,180,346 $ 21,744,076 $ 25,844,930 Portion of Averaqe Residential Monthly Wastewater Bill Due to Debt Scv Wastewater Debt 20.25 Total Averaqe Residential Monthly Wastewater Bill Monthly Average Wastewater Bill FY 15 52.23 FY 171 $ 52.95 2016-2017 $ 38,755,044 $ 18,650,013 $ 12,354,022 $ 31, 004, 035 $ 23.97 1 $ 57.89 2017-2018 2018-2019 $ 45,338,869 $ 54,280,757 $ 18,629,639 $ 18,609,641 $ 17,641,457 $ 24,814,964 $ 36,271,096 $ 43,424,605 FY 18 62.89 $ 33.23 $ 68.89 GAS DEBT Gas Debt GAS FUND DEBT PROFORMA 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 TOTAL Gas Revenue $ 1,407,267 $ 1,861,048 $ 2,059,941 $ 2,271,083 $ 2,397,524 TOTAL EXISTING DEBT SVC $ 1,125,814 $ 1,066,260 $ 1,065,027 $ 1,063,303 $ 1,061,642 TOTAL ANTICIPATED FUTURE DEBT SVC $ - $ 422,579 $ 582,925 $ 753,563 $ 856,377 TOTAL DEBT $ 1,125,814 $ 1,488,839 $ 1,647,953 $ 1,816,866 $ 1,918,019 Portion of Averaqe Residential Monthly Gas Bill Due to Debt Scv ANIL Gas Debt $ 1.50 Total Averaqe Residential Monthly Gas Bill Monthly Average Gas Bill $ 17.14 $ 1.59 L FY 1641 $ 17.83 $ 1.76 $ 18.54 FY 18 $ 1.94 $ 19.28 $ 2.05 FY 19 $ 20.05 Utility Revenue Debt (Existing and Projected) City of Corpus Christi, Texas Utility System Bonds - Total Outstanding Debt and Projected Future Debt As of Year Ending September 30, 2014 $250,000,000 $200,000,000 $150,000,000 $100,000,000 $50,000,000 `LO^b LOFy 'LO^6 `LO^� `LO^O Ory O�6 O��OHO 000 LOHO Year ending 9/30 • Existing • Future 15 Other Debt -Reservoir • Choke Canyon Dam Construction — Outstanding principal balance at September 30, 2014 $55,113,220 • Lake Texana Water Rights — Outstanding principal balance at September 30, 2014 $89,378,113 Other Debt -Sales Tax City of Corpus Christi's Sales Tax Rate • State 6.250 Ct • City 1.000 Ct • Regional Transportation Auth. 0.500 Ct • Crime Control 0.125 Ct • Type A -Seawall 0.125 Ct • Type A -Arena 0.125 Ct • Type A -Economic Dev. 0.125 Ct TOTAL 8.250 Ct Seawall Improvement Sales Tax • Issued $43,960,000 of bonds dated September 1, 2001 for Seawall improvements at an interest rate of 4.00% to 5.375%. • Refunded the bonds in July 2012 for a net present value savings of $4,988,597. • Outstanding principal at September 30, 2014 is $27,355,000. • Last debt payment is March 1, 2026. 18 Arena Facility Sales Tax • Issued $49,185,000 of bonds dated December 1, 2002 for construction of a new arena at an interest rate of 3.25% to 5.5%. • Refunded the bonds in January 2014 for a net present value savings of $3,649,800. • Outstanding principal at September 30, 2014 is $28,755,000. • The last debt payment is September 1, 2025. Economic Development Sales Tax • Issued $24,565,000 of bonds dated April 1, 2004 for construction of a baseball stadium at an interest rate of 2.00% to 5.0%. • Refunded the bonds in January 2014 for a net present value savings of $516,852. • Outstanding principal at September 30, 2014 is $6,015,000. • Last debt payment is September 1, 2017. 20 Economic Development Sales Tax • FY15 Budgeted Sales Tax Revenue • FY15 Budgeted Expenditures • Debt Payment on Baseball Stadium • Baseball Stadium Expenses • Affordable Housing • Major Business Incentives • Small Business Projects • Administration Costs $7,901,170 $2,314,275 112,460 500,000 (Appropriated during the year) 911,358 15,000 21 Other Debt— Tax Increment Financing (TIF) • November 14, 2000 - City Council established the Tax Increment Reinvestment Zone #2 (Packery Channel). • Four series of bonds were issued from 2003 through 2006, and all series were refunded in 2008, realizing a net present value savings of $1,299,378. • Outstanding principal at September 30, 2014 is $9,600,000. • Last debt payment will be on September 15, 2022 — at which time the TIF will dissolve. 22 Other Debt (Existing and Projected) City of Corpus Christi, Texas Sales Tax and Tax Increment Financing Bonds - Existing Debt (No future debt projected) As of Year Endin • Se • tember 30 2014 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $- ti• tie ti� ti� ti� ti� titi ti� ti� ti� ti� ti� ti0 ti0 ti0 LO LO ti0 ti0 ti0 ti0 ,ti, ti0 - - • Baseball Stadium Arena 0 Seawall TIF 23 Questions AGENDA MEMORANDUM City Council Meeting of March 24, 2015 DATE: TO: February 23, 2015 Ronald L. Olson, City Manager FROM: Mark Van Vleck, P.E., Executive Director of Utilities MarkVV@cctexas.com (361) 826-1874 Water Rate — Debt STAFF PRESENTER(S): Name 1. Gustavo Gonzalez 2. Mark Van Vleck 3. OUTSIDE PRESENTER(S): Title/Position Department ACM Public Works & Utilities Executive Director Utilities Name Title/Position Organization 1. 2. 3. BACKGROUND: During the budget process last Fiscal Year, there was concern about the raising of the Utility Rates. The Members of the City Council asked that we review the methodology for setting the rates. This is the Second in a series of presentations that will be delivered to facilitate that review. This presentation addresses the Debt Service expenses. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Water Rate — Debt Water Rate - Debt Council Presentation March 24, 2015 Current Rate Projection Average Monthly Bill $ 70.00 $60.00 $ 50.00 $40.00 $30.00 $20.00 $10.00 $- Average Water Bill ($6,000 gal/month) Actual Projected 2004 2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 2026 2028 2030 2032 2034 Fiscal Year Discover, Discuss, Decide ■ Rate Review Schedule March 10, 2015 March 24, 2015 March 31, 2015 April 14, 2015 April 21, 2015 April 28, 2014 May 12, 2015 May 19, 2015 May 26, 2015 June 9, 2015 June 16, 2015 Projected Rate Water System Components Utility Bill Breakdown Costs—Operation and Maintenance (O&M) Costs - Current and Future Debt Consumption Trends Customer Trends Inclined Block Rate Rate Model Rate Calculations Additional Week of Discovery Additional Week of Discovery Alternatives Evaluated Additional Alternatives Evaluated 1 Additional Alternatives Evaluated 2 First Reading Proposed Rate Adoption of New Rate Calculation for Unit Cost Cost Adjustments 115 110 10 Volume 5530" NM. ,.m 5550 510 51. 55. .551 Unit Cost 5 Water System Components Choke Canyon Three Rivers Beeville Mathis Alice Lake Corpus Christi Water System Components 0.N. STEVENS WTP Mary Rhodes Pipeline Phase I San Pat ------ Water Source Raw Water Customers Treated Water Customers Raw Water Pipeline (MRP) Violet WSC STWA Mary Rhodes Pipeline Portland Ir gl esi de 'ulton Rockport Phase II The City of Corpus Christi 41 6 1852 Water System Components taw Water Sources Water Treatment Plant Raw Water Customers Three Rivers Beeville Mathis AI Ce Koch/Flint Hills Robstown Celanese San Patricio Ail I 1 Treated Water Customers San Patricio Violet Water Supply Corporation South Texas Water Authority Port Aransas Legend Pump Station Elevated Storage Tank Residents Transmission Main ••► Distribution Main Texas A&M Lrnl versify - Corpus Christi N.A.S. Utility Bill Breakdown Raw Water Inside City Limits Residential and Commercial Outside City Limits Residential and Commercial Industrial customers Port Aransas & Violet Water Supply Corporation San Patricio Municipal Water District South Texas Water Authority Raw Water Customers • • • • • • Treatment • • • • • Transmission • • • • Distribution • • Stormwater • L Costs ( -Adjustments) Volume Unit Cost N$45i0 0 2 $40 $35 $30 $25 $20 $15 $10 $5 so Raw Water FY14 Debt FY15 Debt FY 14 O&M Ir FY 15 O&M Treatment Plant Transmission Lines Distribution Lines Storm Water 9 Water Fund Water CIP Loan Payment Storm Water CIP Loan Payment Storm Water 0 & M Salary Related Expenses Purchase of Lake Texana Water Contracted Services Services from Other Departments Materials & Supplies for Crews Light & Power Purification Chemicals Vehicle Replacement Water Fund 2014 2015 $10 $20 $30 $40 $50 Millions Capital Improvements Program (CIP) Debt Service Assumptions • Term of bonds = 30 years • Interest Rate = 5% • Project cost escalation = 1.5 • Debt Coverage = 1.15 y $70 c O 2 $60 $50 $40 $30 $20 $10 $- Water Fund • New • Existing 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 Fiscal Year N $70 0 $6o $50 $40 $30 Raw Water $20 - $10 - ■ New Existing 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 Fiscal Year 14 Raw Water CIP Cost ($M) 2015 2020 2025 2030 2034 Mary Rhodes Phase 1 Segment 1 unit Installation $ 13 Wesley Seale Instrumentation $ 15 Corpus Christi Operating System Infrastructure Improvements $ 10 City of Corpus Christi Desalination Program $ 2 Choke Canyon Dam $ 4 Future water supplies $ 113 y $70 c 0 2 $60 $50 $40 $30 $20 $10 Treatment New Existing $- t 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 Fiscal Year Treatment CIP Cost ($M) 2015 2020 2025 2030 2034 Nueces River Pump Station Improvments 21 ONS WTP Alum & Floride Facilities Replacement 3 ONS WTP Raw Water Influent Improvements (Supply) 21 Atlee Cunningham WTP Phase 1 - (20 MGD) 9 ONS WTP Chlorine Storage and handling facilities impr 7 ONS WTP Alternative Power - Generator #4 1 ONS WTP Interim Sludge Management Improvements 1 ONS WTP Polymer (LAS) Facilities Replacement 4 ONS WTP Improvements to Presedimentation Basin 1 ONS WTP Electrical Distribution Improvements 5 ONS WTP Site Infrastructure Improvements 10 ONS WTP Clear Well #3 25 ONS WTP Solids Handling Facilities 3 ONS WTP relocate AEP Transmission 2 ONS WTP High Service Pump Station #3& Clear Well No 1 repair 27 ONS WTP Treatment and Pump Station Improvements 68 ONS WTP Construct Monofill on site 1 y $70 c O 2 $6o $50 $40 $30 $20 $10 Transmission New Existing $- 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 Fiscal Year Transmission CIP Cost ($M) Water Transmission Infrastructure Cathodic Protection Improv 2 2015 2020 2025 2030 2034 Elevated Storage Tanks city-wide (ACR) 26 N $70 0 $60 $50 $40 $30 $20 $10 $- Distribution New Existing 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 Fiscal Year 20 Distribution CIP 21 Cost ($M) 2015 2020 2025 2030 2034 Programmed Water Line Service Life Extension 88 Utility Developer Participation 1 NAS Water Distribution Infrastructure Improvements 5 Water Program Management 2 Bond 2008 2 Bond 2012 13 Future Bond 131 Water Meter & Automated Meter Reading replacements 6 Water System MasterPlan Development 1 Utility Building Expansion 16 21 N $70 0 $6o $50 $40 $30 $20 $10 $- Storm Water Fund New Existing 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 Fiscal Year Storm Water CIP Cost ($M) 2015 2020 2025 2030 2034 Lifecycle Pipe Rehabilitation & Replacement 15 Bridge Rehabilitation 12 Golihar Outfall Repairs 2 Coles & Ropes Park Implementation Plan Remediation 1 IDIQ Major Ditch Improvements 12 Lifecycle Curb & Gutter Replacement 14 Storm Water Drainage Master Plan 3 Drainage Channel Excavation - Master Channel No. 31 2 Schanen Ditch Improvements 6 Utility Building Expansion 2 Unanticipated Stormwater Capital Requirements 11 Utility Developer Participation 2 Oso Creek Basin Draining Relief 2 Major Outfalls Assessment 7 La Voila Creek Channel Excavation, Phase 2 5 La Voila Creek Channel Excavation, Phase 1 2 Bond2012 21 Future Street Bond Support 257 Egyptian and Meadowbrook USACE Mitigation 2 Future Drainage Projects 185 N $100 ° $90 $80 $70 $60 $50 $40 $30 $20 $10 $- Water + Storm Water Debt New Water New Storm Water • Existing Water • Existing Storm Water IF 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 Fiscal Year Questions?