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Agenda Packet City Council - 03/31/2015
Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, March 31, 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 Elder Henry Williams, Corpus Christi Christian Fellowship. C. Pledge of Allegiance to the Flag of the United States to be led by Rebecca Huerta, City Secretary. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 15-0305 Proclamation declaring March 31, 2015, Centennial Commemoration of the Navy Reserve Day Proclamation declaring April 7, 2015, Mayor's Day of Recognition for National Services Proclamation declaring April 2015, Earth Month and April 11, 2015, Earth Day -Bay Day Proclamation declaring April 12-18, 2015, National Public Safety Telecommunicators Week Swearing-in Ceremony for Newly Appointed Board, Commission and Committee Members Corpus Christi Page 1 Printed on 3/27/2015 City Council Meeting Agenda - Final March 31, 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 - 3) 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. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 2. 15-0302 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining negotiations, the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters Association and/or Corpus Christi Police Officers' Association, with possible discussion, resolution(s), and other actions in open session concerning any matters related thereto. 3. 15-0303 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to Corpus Christi Page 2 Printed on 3/27/2015 City Council Meeting Agenda - Final March 31, 2015 consult with attorneys concerning legal requirements of the Texas Local Government Code and other Texas laws regarding the legally allowed methods of purchasing financial advisory services, with additional discussion and possible action in open session concerning any matters related thereto. I. MINUTES: 4. 15-0307 Regular Meeting of March 24, 2015 Attachments: Minutes - March 24, 2015 J. BOARD & COMMITTEE APPOINTMENTS: (NONE) 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 5 - 16) 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. 5. 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 6. 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 Corpus Christi Page 3 Printed on 3/27/2015 City Council Meeting Agenda - Final March 31, 2015 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. Attachments: Agenda Memo - WVV IDIQ Protect Budget - WvV IDIQ Location Map - WvV IDIQ Presentation - VVW IDIQ Contract - LNV VVW IDIQ Contract - Urban VVW IDIQ 7. 15-0235 Second Reading Ordinance - Rezoning from Multifamily to Resort Commercial at 221 Hotel Place (1st Reading 3/24/15) 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. 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 8. 15-0238 Second Reading Ordinance - Rezoning from Neighborhood Commercial to General Commercial at 4655 Kostoryz Road (1st Reading 3/24/15) 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 Corpus Christi Page 4 Printed on 3/27/2015 City Council Meeting Agenda - Final March 31, 2015 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. Attachments: Agenda Memo - David A. Montero Fonseca Ordinance - David A. Montero Fonseca Presentation - David A. Montero Fonseca Zoning Report - David A. Montero Fonseca 9. 15-0240 Second Reading Ordinance - Rezoning from Multifamily to Townhouse at 14101 Commodores Drive (1st Reading 3/24/15) 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 Corpus Christi Page 5 Printed on 3/27/2015 City Council Meeting Agenda - Final March 31, 2015 10. 15-0268 Second Reading Ordinance - Amending the Budget Ordinance to increase the number of Police Captain positions by one (1st Reading 3/24/15) Ordinance amending Ordinance No. 030294 to increase the number of positions authorized for the classification of "Police Captain" from fifteen (15) to sixteen (16). Attachments: Agenda memo - Captain position 03.24.2015 ( Revised BB) Ordinance - Increase Captain Positions - 2015 11. 15-0209 Second Reading Ordinance - Appropriating Funds to Cover Additional Estimated Costs Related to Runoff Election held in December 2014 (1st Reading 3/31/15) 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 12. 15-0225 Second Reading Ordinance - Appropriating funds for the Residential/Local Street Capital Fund for Residential/Local Street Reconstruction (1st Reading 3/24/15) 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 13. 15-0170 Second Reading Ordinance - Appropriating funds for the Facilities and Property Management Maintenance Consolidation (1st Reading 3/24/15) 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 Corpus Christi Page 6 Printed on 3/27/2015 City Council Meeting Agenda - Final March 31, 2015 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 14. 15-0223 Second Reading Ordinance - Accepting and appropriating funds from the Texas Law Enforcement Standards and Education (LEOSE) Account for training and equipment (1st Reading 3/24/15) 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 15. 15-0234 Second Reading Ordinance - Use Privilege Agreement for Underground Communications Cable to cross Williams Drive right-of-way (1st Reading 3/24/15) 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 16. 15-0188 Second Reading Ordinance - to reimburse developer for shared cost of bridge construction (1st Reading 3/24/15) 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 Corpus Christi Page 7 Printed on 3/27/2015 City Council Meeting Agenda - Final March 31, 2015 $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. 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 M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (ITEMS 17 - 20) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 17. 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 18. 15-0245 Second Reading Ordinance - To allow the City to reimburse itself for costs incurred prior to receipt of bond proceeds for Bond 2014 Projects (1st Reading 3/24/15) 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 19. 15-0246 Second Reading Ordinance - Authorizing Issuance of General Improvement Bonds to finance voter -approved Bond 2014 Projects (1st Reading 3/24/15) Ordinance authorizing the issuance of one or more series of "City of Corpus Christi Page 8 Printed on 3/27/2015 City Council Meeting Agenda - Final March 31, 2015 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 20. 15-0247 Second Reading Ordinance - Authorizing the Issuance of General Improvement Refunding Bonds (1st Reading 3/24/15) 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. Attachments: Agenda Memo - Issuance of GO Refunding Bonds 3-24-15.pdf Ordinance - General Improvement Refunding Bonds.pdf O. FIRST READING ORDINANCES: (ITEMS 21 - 29) 21. 15-0271 First Reading Ordinance - Accepting and appropriating the Houston High Intensity Drug Trafficking Area (HIDTA) grant Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant award in the amount of $168,200 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for 4 Corpus Corpus Christi Page 9 Printed on 3/27/2015 City Council Meeting Agenda - Final March 31, 2015 Christi Police Officers, and 4 lease vehicles; and appropriating the $168,200 in the No. 1061 Police Grants Fund. Attachments: Agenda Memo - HIDTA grant award 03.31.2015 Ordinance - HIDTA grant 2015 - Police Letter 1 - Grant Award Letter 2 - Grant Award 22. 15-0263 First Reading Ordinance - Accepting and appropriating grant funds for the Retired Senior Volunteer Program (RSVP) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $21,671 State grant awarded by the Corporation for National and Community Service for the Retired and Senior Volunteer Program; appropriating the $21,671 State grant in the No. 1067 Parks and Recreation Grants Fund; transferring $79,173 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Retired Senior Volunteer program and appropriating the $79,173 in the No. 1067 Parks and Recreation Grant fund. Attachments: Agenda Memo - RSVP Ordinance - RSVP state award 21671 Notice of Funding - RSVP 21671 23. 15-0264 First Reading Ordinance - Accepting and appropriating grant for the Latchkey After School Snack Program Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $166,173 from the Texas Department of Agriculture; appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Latchkey After School Snack Program. Attachments: Agenda Memo - Afterschool snack Grant CCISD Interlocal 2014-2015 Ordinance - After School Snack Program March 4 2015 Notice of Award - Afterschool Tx Dept Agriculture Grant approved status Executed Interlocal Agreement - CCISD 2013 to 2018 24. 15-0265 First Reading Ordinance - Accepting and appropriating the Texans Feeding Texans Grant funds for the Home Delivered Meals Program Ordinance authorizing the City Manager or designee to ratify the execution of all documents necessary to accept and appropriate a $49,795.82 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2015 Senior Community Services - Texans Feeding Texans. Corpus Christi Page 10 Printed on 3/27/2015 City Council Meeting Agenda - Final March 31, 2015 Attachments: Agenda Memo - Texans Feeding Texans Grant 2015 Ordinance - Texans Feeding Texans Grant 2015 Grant Agreement - TDA - 2015 Texans Feeding Texans Grant 25. 15-0266 First Reading Ordinance - Accepting and appropriating grant amendment for additional funding to the Oso Bay Wetland Preserve Restoration project Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $3,000 grant awarded by the Texas General Land Office Coastal Management Program for the Oso Bay Wetland Preserve Habitat Restoration project; appropriating the $3,000 grant in the No. 1067 Parks and Recreation Grants Fund for the Oso Bay Wetland Preserve Habitat Restoration project. Attachments: Agenda Memo - GLO CMP grant add $3K Oso Bay Ordinance - Oso Bay GLO grant GLO Grant Amendment No. 3 for Oso Wetlands Preserve 26. 15-0100 First Reading Ordinance - Accepting and appropriating grant funds for the Senior Companion Program (SCP) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $5,756 grant awarded by the Corporation for National and Community Service and appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program; transferring $76,903 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grants Fund as City matching funds for the Senior Companion Program and appropriating the $76,903 in the No. 1067 Parks and Recreation Grant fund. Attachments: Agenda Memo - SCP State & Local Match 1415 Ordinance - SCP 5756 gen fd match Attachment - Award Letter SCP State Funding 20142015 27. 15-0211 First Reading Ordinance - Amending City Code relating to the Transportation Advisory Board Ordinance amending Chapter 2, ARTICLE IV, Division 9. TRANSPORTATION ADVISORY BOARD of the Corpus Christi Code in its entirety; providing for severance; and providing an effective date. Attachments: Agenda Memo - Ordinance Amending Transportation Advisory Board Ordinance - Ordinance Amending Transportation Advisory Board Presentation - Ordinance Amending Transportation Advisory Board 3-5-2015 28. 15-0282 First Reading Ordinance - Appropriating additional Federal grant Corpus Christi Page 11 Printed on 3/27/2015 City Council Meeting Agenda - Final March 31, 2015 funds for upgrades to security and perimeter road systems at the airport Ordinance appropriating $33,250 from Federal Aviation Administration Grant No. 3-48-0051-048-2011 Amendment No. 3 in the No. 3020 Airport Capital Improvement Fund to upgrade security and perimeter road systems at Corpus Christi International Airport; and changing the FY2014-2015 Capital Budget adopted by Ordinance No. 030303 by increasing both revenues and expenditures by $33,250. Attachments: Agenda Memo - Grant 48 Amendment Ordinance - Grant 48 Amendment FAA Grant 48 Amendment 29. 15-0280 First Reading Ordinance - Assignment of Trinity Towers Skywalk and Improvements Lease Ordinance approving the assignment of the Skywalk and Improvements Lease Agreement regarding City property interests located along Carancahua Street and Tancahua Street near Coopers Alley, from NH Texas Properties Limited Partnership to BKD Shoreline, LLC; consenting to the sublease of Trinity Towers Limited Partnership; and authorizing the City Manager or designee, to execute all documents related to the assignment and assumption agreement. Attachments: Agenda Memo - Trinity Towers Skywalk Lease Assignment Ordinance - Trinity Towers Skywalk Lease Assignment Signed Assignment and Assumption of Lease Agreement P. FUTURE AGENDA ITEMS: (ITEMS 30 - 34) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 30. 15-0218 Purchase of Patterson Pump Rotor Assembly Motion approving the purchase of one (1) Patterson pump rotor assembly from The Scruggs Co., Houston, Texas based on sole source for a total amount of $73,655.00. Funds have been budgeted by the Utilities Department in FY 2014-2015. Attachments: Agenda Memo - Pump Rotor Assembly Price Sheet - Pump Rotor Assembly 31. 15-0272 Approving the submission of a grant application to the Texas Department of Transportation Aviation Division for airport maintenance Resolution authorizing the submission of a grant application in the amount of $50,000 to the Texas Department of Transportation, Aviation Corpus Christi Page 12 Printed on 3/27/2015 City Council Meeting Agenda - Final March 31, 2015 Division, with a matching amount of $50,000 for funding of airport maintenance at Corpus Christi International Airport; and authorizing the City Manager or designee to accept, reject, alter, or terminate the grant and execute all related documents. Attachments: Agenda memo - TxDOT RAMP Grant Resolution - TXDOT Ramp Grant vFinal TxDOT RAMP Grant Application 32. 15-0203 Approving Real Estate Contract for Elevated Water Storage Tank Site located at Rand Morgan and Leopard Street Motion authorizing the City Manager or designee to execute a Real Estate Sales Contract with Marjak, Inc. in the amount of $188,000 plus $2,500 in estimated closing costs for a total expenditure of $190,500, for the purpose of acquiring a tract of land containing 1.76 acres of land located at the southeast corner of the intersection of Leopard Street and Rand Morgan Road, to be used for the construction of an elevated water storage tank in connection with the CC Elevated Storage Tanks - Citywide Project #E12210, Capital Improvement project. Attachments: Agenda Memo - Elevated Storage Tanks Real Estate Sales Contract - Elevated Water Storage Tank Site Location Map - Elevated Water Storage Tank Site 33. 15-0022 Approving Change Order No. 13 for Bayfront Development Plan, Phase 3 (Bond 2008) - Shoreline Boulevard Realignment Motion authorizing the City Manager or designee to execute Change Order No. 13 with Bay, Ltd. of Corpus Christi, Texas in the amount of $373,337.25 for a total restated fee of $7,540,461.64, for the Bayfront Development Plan, Phase 3, Shoreline Boulevard Realignment project (Bond 2008). Attachments: Agenda Memo - Change Order 13 Bayfront Change Order 13 - Bayfront Dev Shoreline Project Budget - Bayfront Dev Shoreline Relocation CO 13 Location Map - Bayfront Shoreline Relocation CO 13 Presentation - Shoreline Realignment Chg Order 13 and 14 34. 15-0309 Approving Change Order No. 14 for Bayfront Development Plan, Phase 3 (Bond 2008) - Shoreline Boulevard Realignment Motion authorizing the City Manager or designee to execute Change Order No. 14 with Bay, Ltd. of Corpus Christi, Texas in the amount of $351,776.51 for a total restated fee of $7,892,238.16, for the Bayfront Development Plan, Phase 3, Shoreline Boulevard Realignment project (Bond 2008). Corpus Christi Page 13 Printed on 3/27/2015 City Council Meeting Agenda - Final March 31, 2015 Attachments: Agenda Memo - Bayfront Dev Shoreline Relocation Change Order No 14 Prosect Budget - Bayfront Dev Shoreline Relocation CO 13 Change Order 14 - Bayfront Dev Shoreline Relocation Location Map - Bayfront Shoreline Relocation CO 13 Presentation - Shoreline Realignment Chi Order 13 and 14 Q. BRIEFINGS : (ITEMS 35 - 38) 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. 35. 15-0308 Bayfront Development Plan Project (Bond 2008) - Bayshore Park Attachments: Agenda Memo - Bayshore Presentation Presentation - Bayshore Park Update March2015 (2) 36. 15-0276 Residential/Local Street Reconstruction Attachments: Agenda Memo - Residential Reconstruction (03-31-15).pdf Presentation - Residential Reconstruction 2 37. 15-0176 City of Corpus Christi - Debt Attachments: Agenda Memo DEBT PRESENTATION ITEM.pdf Presentation - Debt 3 31 15.pdf 38. 15-0301 Water Rate - Volume Attachments: Agenda Memo - Water Rate - Volume Presentation - Water Rate - Volume R. LEGISLATIVE UPDATE: (ITEMS 39 - 40) 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. 39. 15-0241 Federal Legislative Outcomes for 113th Congress (2013-2014) Attachments: Agenda Memo - Outcomes 113th Congress 40. 15-0314 State Legislative Update S. ADJOURNMENT Corpus Christi Page 14 Printed on 3/27/2015 Corpus Christi Meeting Minutes 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. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order. Mayor Martinez announced that Council Member Magill welcomed the arrival of a baby girl, Avery Gray Magill, at 11:18 a.m. B. Invocation to be given by Reverend Gloria Lear, First United Methodist Church. Reverend Gloria Lear gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Steve Viera, Benefits Manager. Benefits Manager Steve Viera 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 - Mayor Nelda Martinez,Council Member Rudy Garza,Council Member Colleen McIntyre,Council Member Lillian Riojas,Council Member Lucy Rubio,Council Member Brian Rosas,Council Member Mark Scott, and Council Member Carolyn Vaughn Absent: 1 - Council Member Chad Magill E. Proclamations / Commendations 1. 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 Corpus Christi Page 1 Printed on 3/26/2015 City Council Meeting Minutes March 24, 2015 Committee Members Swearing-in Ceremony for Newly Appointed Municipal Court Judges Mayor Martinez presented the proclamations and conducted the swearing-in ceremony for newly appointed board and committee members. Retired Senior District Judge Jack Hunter conducted the swearing-in ceremony for newly appointed Municipal Court Judges. 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 Martinez called for comments from the public. Jack Gordy spoke regarding palm trees blocking the sidewalk on Airline Road. Susie Luna Saldana provided clarification that LULAC Council #1 is not associated with the legal issues discussed in the media regarding the settlement agreement between the City and LULAC Village Park Apartments. Kevin Hill spoke regarding the Shoreline Boulevard realignment and the concept of a park road on the closed section of Shoreline. Eloy Garza expressed concern regarding Municipal Court fines. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martinez referred to City Manager's Comments. City Manager Olson spoke regarding the following topics: a. OTHER 1) The rain that was received last week has brought the current lake levels up to 33.2% as of today with anticipated lake levels to conclude at 36%. Lake Texana, which is not part of the combined lake levels, is aT 100%. 2) City Manager Olson announced that the bond rating agency, Standard and Poors, has increased the City's bond rating for the Combined Utility System from an A+ to a AA-. 3) City Manager Olson announced the appointment of Jeff Edmonds as the new Director of Capital Programs and welcomed Mr. Edmonds to the staff. I. MINUTES: 5. Regular Meeting of March 10, 2015 A motion was made by Council Member Rudy Garza, seconded by Council Member Colleen McIntyre, that the Minutes be passed. The motion carried by a unanimous vote. J. BOARD & COMMITTEE APPOINTMENTS: 6. Board of Adjustment Building Standards Board Corpus Christi Page 2 Printed on 3/26/2015 City Council Meeting Minutes March 24, 2015 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 Mayor Martinez referred to board and committee appointments. The following appointments are made: Board of Adjustment Council Member McIntyre made a motion to reappoint John Douglas McMullan, Heriberto A. (Tony) Pineda, Cliff Atnip (Alternate) and Taylor Mauck (Alternate), seconded by Council Member Garza and passed unanimously. Council Member McIntyre made a motion to align Cliff Atnip and Taylor Mauck to Regular Members, seconded by Council Member Scott and passed unanimously. Council Member McIntyre made a motion to appoint Burris W. McRee (Regular Member), seconded by Council Member Garza and passed unanimously. Council Member Scott made a motion to appoint Shawn Matthew Karaca (Alternate), seconded by Council Member McIntyre and passed unanimously. Council Member Scott made a motion to appoint Theunis "Tim" Voorkamp (Alternate) , seconded by Council Member Garza and passed unanimously. Building Standards Board Council Member Scott made a motion to appoint Tim Honea (General Contractor), seconded by Council Member Garza and passed unanimously. Mayor Martinez made a motion to appoint Craig Stephen Loving (At -Large), seconded by Council Member McIntyre and passed unanimously. Corpus Christi Regional Transportation Authority Council Member Rosas made a motion to appoint Edward Martinez, seconded by Council Member Rubio and passed unanimously. Electrical Advisory Board Mayor Martinez made a motion to appoint Vernon A. Wuensche (Registered Professional Engineer), seconded by Council Member McIntyre and passed unanimously. Council Member Garza made a motion to appoint Robert Sandate (Electrical Supply Business), seconded by Council Member Riojas and passed unanimously. Island Strategic Action Committe Council Member McIntyre made a motion to reappoint Alex Harris (Construction Contractor), Jodi Steen (At -Large), and William F. Goldston (Professional Engineer), seconded by Council Member Garza and passed unanimously. Council Member McIntyre made a motion to realign Alex Harris from Construction Contractor to Developer, Jodi Steen from At -Large to Construction Contractor, and Rick Sowash from At Large to Realtor, seconded by Council Member Scott and passed unanimously. Council Member McIntyre made a motion to appoint Libby Edwards Middleton (Residential Property), Corpus Christi Page 3 Printed on 3/26/2015 City Council Meeting Minutes March 24, 2015 seconded by Council Member Garza and passed unanimously. Council Member McIntyre made a motion to appoint David J. Perry (Environmental), seconded by Council Member Scott and passed unanimously. Council Member McIntyre nominated Laurence R. (Brud) Jones III (At Large). Council Member Rubio nominated Carter L. Tate (At Large). Council Member Rubio made a motion to appoint Laurence R. (Brud) Jones, III (At Large) and Carter L. Tate (At Large), seconded by Council Member Scott and passed unanimously. Landmark Commission Council Member McIntyre made a motion to appoint Jillian Becquet (Historian), seconded by Council Member Scott and passed unanimously. Mayor Martinez made a motion to appoint Tiffani McKinney (Regular Member), seconded by Council Member Garza and passed unanimously. Museum of Science and History Advisory Board Mayor Martinez made a motion to appoint Steve Arnold (Friends of Museum), seconded by Council Member Riojas and passed unanimously. Mayor Martinez made a motion to appoint Anita Eisenhauer (Advisory, Non -Voting), seconded by Council Member Garza and passed unanimously. K. EXPLANATION OF COUNCIL ACTION: L. CONSENT AGENDA: (ITEMS 7 - 17) Approval of the Consent Agenda Mayor Martinez referred to the Consent Agenda. There were no comments from the Council or the public. Council Member Garza made a motion to approve the consent agenda items, seconded by Council Member Rubio. The consent agenda was passed with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Magill Abstained: 0 7. 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. This Resolution was passed on the Consent Agenda. Corpus Christi Page 4 Printed on 3/26/2015 City Council Meeting Minutes March 24, 2015 Enactment No: 030447 8. 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 passed on the Consent Agenda. Enactment No: 030448 9. 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 passed on the Consent Agenda. Enactment No: M2015-025 10. 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 passed on the Consent Agenda. Enactment No: M2015-026 11. 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 Corpus Christi Page 5 Printed on 3/26/2015 City Council Meeting Minutes March 24, 2015 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. This Motion was passed on the Consent Agenda. Enactment No: M2015-027 12. 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 passed on the Consent Agenda. Enactment No: M2015-028 13. Approving a resolution opposing a Revenue Cap and Legislative Interference with Local Services 14. 15. Resolution of the City of Corpus Christi, Texas, in opposition to a Revenue Cap and Legislative Interference with Local Services. This Resolution was passed on the Consent Agenda. Enactment No: 030449 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 sizes from 400 square feet to 500 square feet; and providing for severance, penalties, and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030450 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 Corpus Christi Page 6 Printed on 3/26/2015 City Council Meeting Minutes March 24, 2015 16. "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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030451 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. Corpus Christi Page 7 Printed on 3/26/2015 City Council Meeting Minutes March 24, 2015 17. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030452 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030453 R. BRIEFINGS: (ITEMS 34) 34. City of Corpus Christi - Debt Mayor Martinez referred to Item 34. Mayor Martinez asked staff if there was an urgency to have the discussion on the City of Corpus Christi - Debt today or if it could be delayed to allow Council Member Magill to be present. City Manager Olson responded that the item could be postponed. Council Member Garza made a motion to table Item 34 until March 31, 2015, seconded by Council Member Rubio and passed unanimously. M. PUBLIC HEARINGS: (ITEMS 18 - 20) 18. 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 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): Corpus Christi Page 8 Printed on 3/26/2015 City Council Meeting Minutes March 24, 2015 19. 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. Mayor Martinez referred to Item 18. Director of Development Services Dan Grimsbo stated that the purpose of this item is to rezone the subject property to allow for an outdoor recreation use, such as a ferris wheel, to be placed in the vacant parking lot. Mr. Grimsbo stated that the Planning Commission and staff are in favor of the zoning change. Mayor Martinez opened the public hearing. There were no comments from the public. Mayor Martinez closed the public hearing. Mayor Martinez thanked applicant, Lynn Frazier for this significant investment on North Beach. Lynn Frazier said he has received positive feedback from visitors and appreciated the support of the City Council. Council Member McIntyre 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 - Mayor Martinez, Council Member Garza, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Magill Abstained: 0 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 Corpus Christi Page 9 Printed on 3/26/2015 City Council Meeting Minutes March 24, 2015 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. Mayor Martinez referred to Item 19. Director of Development Services Dan Grimsbo stated that the purpose of this item is to rezone the subject property to allow a commercial use such as a vehicle sales business. Mr. Grimsbo stated that the Planning Commission and staff are in a favor of the zoning change. Mayor Martinez opened the public hearing. There were no comments from the public. Mayor Martinez closed the public hearing. In response to a council member, Mr. Grimsbo stated that notification is sent to residents within 200 feet and a sign is posted at the subject property. Council members spoke in support of the improvements to the area. Council Member Scott made a motion to approve the ordinance, seconded by Council Member Riojas. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Magill Abstained: 0 20. 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. Mayor Martinez referred to Item 20. Director of Development Services Dan Grimsbo stated that the purpose of this item is to rezone the subject property Corpus Christi Page 10 Printed on 3/26/2015 City Council Meeting Minutes March 24, 2015 to allow for the construction of a 20 -unit townhouse development that deviates from the typical townhouse development standards. Mr. Grimsbo stated that the Planning Commission and staff are in favor of the zoning change. Mayor Martinez opened the public hearing. There were no comments from the Council or the public. Mayor Martinez closed the public hearing. Council Member Garza made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Magill Abstained: 0 H. EXECUTIVE SESSION: (ITEMS 2 - 4) 2. 3. 4. Mayor Martinez referred to the day's executive sessions. 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 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. This E -Session Item was discussed in executive session. 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. 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. Corpus Christi Page 11 Printed on 3/26/2015 City Council Meeting Minutes March 24, 2015 This E -Session Item was discussed in executive session. N. REGULAR AGENDA: (NONE) O. MID -YEAR BUDGET ADJUSTMENTS: (ITEMS 21 - 24) Aye: 8 - Mayor Martinez, Council Member Garza, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Magill Abstained: 0 21. 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). Mayor Martinez referred to Item 21. Police Chief Floyd Simpson stated that the purpose of this item is to increase the number of Police Captain positions authorized by one (1) to provide a Captain position to the Animal Control Division. There were no comments from the Council or the public. Council Member Scott made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Magill Abstained: 0 22. 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. Mayor Martinez referred to Item 22. Assistant Director of Management and Budget Eddie Houlihan stated that the purpose of this item is to authorize additional funding in the amount of $176,712 to cover additional estimated costs related to the December 2014 Runoff Election. Mr. Houlihan said the Council discussed this item in December 2014. There were no comments from the public. Council Member Riojas said she would like an update on discussions between City Secretary Huerta and Nueces County Clerk Kara Corpus Christi Page 12 Printed on 3/26/2015 City Council Meeting Minutes March 24, 2015 Sands regarding consolidation of costs, new ideas and best practices for future elections. City Secretary Huerta stated that she plans on having that discussion after receiving the final election invoice in late March or early April and will keep the Council informed. Council Member McIntyre 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 - Mayor Martinez, Council Member Garza, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Magill Abstained: 0 23. 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. Mayor Martinez referred to Item 23. Assistant Director of Management and Budget Eddie Houlihan stated that the purpose of this item is to establish a newly created fund in accordance with the Financial Policies approved by the City Council in August 2014. This action will transfer $1,000,000 from the Unreserved Fund Balance in the General Fund to the newly created Residental/Local Street Capital Fund. There were no comments from the public. In response to a council member, Mr. Houlihan stated that the language "unusual and unforeseen condition" in the ordinance is standard language. Council Member Garza made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Magill Abstained: 0 24. 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 Corpus Christi Page 13 Printed on 3/26/2015 City Council Meeting Minutes March 24, 2015 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. Mayor Martinez referred to Item 24. Assistant Director of Management and Budget Eddie Houlihan stated that the purpose of this item is to transfer funds from the General Fund and Gas Fund to establish a centralized Facilities and Property Management department which include the consolidations of full time employees and appropriates $1,100,000 in the Facilities Fund from FY2014 to FY2015 to complete maintenance projects. There were no comments from the public. In response to a council member, Mr. Houlihan stated that next year's budget will include budgeted amounts for specific projects. Council Member McIntyre 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 - Mayor Martinez, Council Member Garza, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Magill Abstained: 0 P. FIRST READING ORDINANCES: (ITEMS 25 - 30) 25. 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. Mayor Martinez referred to Item 25. Police Chief Floyd Simpson stated that the purpose of this item is to accept an annual allocation payment in the amount of $28,936.41 from the State of Texas - Law Enforcement Officer Standards and Education (LEOSE) Account for training purposes for police personnel. There were no comments from the Council or the public. Council Member Scott 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 - Mayor Martinez, Council Member Garza, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Magill Corpus Christi Page 14 Printed on 3/26/2015 City Council Meeting Minutes March 24, 2015 Abstained: 0 26. 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. Mayor Martinez referred to Item 26. Director of Development Services Dan Grimsbo stated that the purpose of this item is to execute a Use Privilege Agreement with Breckenridge Group for underground communication cables to allow the ability to provide communication services from property in Oso River Estates Subdivision from Phase 1 to Phase 2. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance, seconded by Council member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Magill Abstained: 0 27. 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. Mayor Martinez referred to Item 27. Director of Development Services Dan Grimsbo stated that the purpose of this item is to reimburse VOJO Ventures, LLC for the shared cost to construct a bridge for The Coves at Lago Vista Unit 1. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Corpus Christi Page 15 Printed on 3/26/2015 City Council Meeting Minutes March 24, 2015 Aye: 8 - Mayor Martinez, Council Member Garza, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Magill Abstained: 0 28. 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. Mayor Martinez referred to Item 28. Director of Financial Services Constance Sanchez stated that the purpose of this item is to authorize the City to reimburse itself for costs incurred associated with Bond 2014 projects prior to the receipt of bond proceeds. There were no comments from the Council or the public. 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 - Mayor Martinez, Council Member Garza, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Magill Abstained: 0 29. 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 Corpus Christi Page 16 Printed on 3/26/2015 City Council Meeting Minutes March 24, 2015 date. Mayor Martinez referred to Item 29. Director of Financial Services Constance Sanchez stated that the purpose of this item is to authorize the issuance of General Improvement Bonds in an amount not to exceed $99,495,000 to finance projects approved by the voters in November 2014. Ms. Sanchez stated that at the time of the election, voters were told that passing Proposition 1 would not result in a property tax increase and passing Proposition 2 could result in a property tax increase of up to $0.021. The City will receive the certified assessed values in July 2015 from the Nueces County Tax Appraisal District and at that time, staff will be able to determine if an increase will be needed. There were no comments from the Council or the public. Council Member McIntyre 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 - Mayor Martinez, Council Member Garza, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Magill Abstained: 0 30. 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; 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. Mayor Martinez referred to Item 30. Director of Financial Services Constance Sanchez stated that the purpose of this item is to authorize the issuance of General Improvement Refunding Bonds in an amount not to exceed $85,000,000. 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. The actual amount to be refunded will be determined at the time of pricing. Ms. Sanchez stated that Future Agenda Item 31 is related to Items 29 and 30 and the purpose is to appoint M.E. Allison & Co. as Financial Advisor of both transactions. Ms. Sanchez updated the Council regarding the RFP for the Financial Advisor by stating that staff is currently in the evaluation phase. Since the RFP is not complete, staff is recommending the appointment of M.E. Allison & Co. Mayor Martinez called for comments from the public. Abel Alonzo Corpus Christi Page 17 Printed on 3/26/2015 City Council Meeting Minutes March 24, 2015 Q. thanked the City Manager and staff for bringing forward projects that save the taxpayers money. Council Member McIntyre thanked staff for bringing forward this refinancing item and asked how staff is made aware of these finance opportunities. Ms. Sanchez stated that the City's financial advisor informed staff. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Scott. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Magill Abstained: 0 FUTURE AGENDA ITEMS: (ITEMS 31 - 33) Mayor Martinez referred to Future Agenda Items. City Manager Olson stated that future agenda items allow the Council the opportunity to review and make the public aware of items that do not require two readings. City Manager Olson stated that staff previously presented information on Item 31 and did not have any additional comments on the remaining items. 31. 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. This Motion was recommended to the consent agenda. 32. Approving amended Type A Board Affordable Housing Goals and Strategies Motion to approve amended Type A Board Affordable Housing Goals and Strategies This Motion was recommended to the consent agenda. 33. 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 Corpus Christi Page 18 Printed on 3/26/2015 City Council Meeting Minutes March 24, 2015 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. This Motion was recommended to the consent agenda. R. BRIEFINGS: (ITEMS 35) 35. Water Rate - Debt Mayor Martinez referred to Item 35. Executive Director of Utilities Mark Van Vleck providing an overview of the last water rate presentation including: the past and current rate projections; the discover process; the rate review schedule; the calculation for unit cost; the water system components and customers of the system; the utility bill breakdown and cost. Mr. Van Vleck stated that the purpose of this item is to discuss the debt service related to the water and storm water systems. Mr. Van Vleck presented information on the assumptions in rate model; the existing and projected debt for the water fund; raw water and water supply projections; raw water capital improvement projects; treatment projections; treatment capital improvement projects; transmission projects and capital improvement projects; distribution projects and capital improvement projects; storm water projections; storm water capital improvements projects and impact on the rate; and the combined water and storm water debt projections for the next 20 years. Council members spoke regarding the following topics: the distinction between future street and drainage projects; addressing existing infrastructure; the storm water projections that are associated with street projects that are voter approved or unfunded mandates; and whether the utility rates projected are based on the City receiving assistance through grants or other funding. S. LEGISLATIVE UPDATE: T. ADJOURNMENT Mayor Martinez referred to the Legislative Update and recognized the work being done by Director of Intergovernmental Relations Tom Tagliabue and the City's local delegation. City Manager Olson acknowledged Executive Director of Utilities Mark Van Vleck and his staff for their work on the water rates. The meeting was adjourned at 3:41 p.m. Corpus Christi Page 19 Printed on 3/26/2015 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 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 • EXPANSION OF AQUARIUS ST. (dOdlSlFFLCTION-(0M0-��0� naismith engineering, inc. • planned unit development: one particular harbor • january 2015 Evhihif R Pana 7 of 1f1 10 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 10817 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"tN 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' RO1&_ C]5 0 20 40 LEGEND • II,. eoo rono 0 eLoce svraeoL V /.0 oC0 0E 444 css Or K22. - 28 2200 2 O.. 10.x__ �.Ltv2 22 00 m2 22.00 �- 2200 2 - 2200 2200 n - 2200 ]�G. `, 2200 azea'I� 2x20' 2 2 naismith engineering, inc. • planned unit development: one particular harbor ■ january 2015 Fvhihi4_R naismith engineering, inc. • planned unit development: one particular harbor • january 2015 ID DATE APPR DESCRIPTOR ID DATE APPR DESCRIPTOR " n N 0 O 5 SITE PLAN ONE PARTICULAR HARBOR P.U.D. CORPUS CHRISTI, NUECES COUNTY, TEXAS NaismithEngincering,Inc AROMECTRIRR RIGRRERRI G R EFV RpIR BITALR SV RYFOHO wnWMefll. fl�i M.04 B.2aBEWM+snt M fA Nm.;-B,B 1 R1"NIw� m¢rsWivssi m:yuslsrvus¢ mipml¢nm� FOR INTERIM RENEW ox ruxvoSis aooixc 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 LOATI1 MAP N.TIS. 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 Infarmatlon 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 Infarmatlon 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. rm ,nmx. nos 1,1 LOCATION MAP N.T.S. 1 al 2-6" CONDUITS d 5 7.,;1'• r 11 L PLAN VIEW 1 1 1 1 1 1 R WIWAMS WIVE. i 42" DEEP` PROPERTY LINE ti (UNIT I) 44-36" DEEP ( ASSUMED) PROPERTY LINE (UNIT 2) —17M.111"1 WATECR 2-6' CONDUITS (70 L.F.) 15 10 5 0 12" VCP SANITARY 5 0+00 PROFILE VIEW 1+00 -5 0 20 40 eo GRAPHIC SCALE lig at k [aR lig 15I 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. 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' •.. 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 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 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 First Reading Ordinance for the City Council Meeting of March 31, 2015 Second Reading Ordinance for the City Council Meeting of April 14, 2015 DATE: TO: March 11, 2015 Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds@cctexas.com 886-2604 Accepting and appropriating the HIDTA grant award for the Police Department CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant award in the amount of $168,200 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for 4 Corpus Christi Police Officers, and 4 lease vehicles; and appropriating the $168,200 in the No. 1061 Police Grants Fund. PURPOSE: The grant award needs to be accepted and the funds appropriated. BACKGROUND AND FINDINGS: The Corpus Christi Police Department is in the 19th year as a participant in the Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative created by the Executive Office of the President, Office of National Drug Control Policy. The grant provides for the salary and benefits of a full-time program coordinator, one administrative assistant, and overtime for 4 Corpus Christi Police Officers, and 4 lease vehicles. The program focuses on this specific geographic area because it serves as a conduit for narcotics into Corpus Christi and other metropolitan cities as well as a location for money launderers to conduct illegitimate businesses with a consumer base that affects the local population with residual crime. Other agencies participating are the Nueces County Sheriff, Texas Department of Public Safety, Drug Enforcement Administration, Internal Revenue Service, U. S. Customs, and the Bureau of Alcohol, Tobacco, and Firearms. The initiative focuses on the identification and disruption of narcotics trafficking organizations operating in the counties of Aransas, San Patricio, Refugio, Nueces, Kleberg, Kenedy, Jim Wells, Brooks, and Victoria. It is anticipated that shipments of narcotics through this area will be disrupted and long entrenched families of narcotics traffickers will be apprehended. The profits from the sales of narcotics will be identified and seized and the intelligence gathered will be downloaded and shared with other Drug Trafficking Initiatives across the country. This grant award is for the time period 01/01/2015 — 12/31/2016. There are no matching funds required. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X 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 168,200 168,200 BALANCE 168,200 168,200 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award letters Ordinance Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $168,200 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for four (4) Corpus Christi Police Officers, and four (4) lease vehicles; and appropriating the $168,200 in the No. 1061 Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of $168,200 from the Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for four (4) Corpus Christi Police Officers, and four (4) lease vehicles. SECTION 2. That $168,200 is appropriated in the No 1061 Police Grants Fund from the Office of the President, Office of National Drug Control Policy for funding the Police Department's role in the Texas Coastal Corridor Initiative in the HIDTA for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for four (4) Corpus Christi Police Officers, and four (4) lease vehicles. 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 December 15, 2014 Chief Floyd Simpson Corpus Christi Police Department 321 John Sartain Street Corpus Christi, TX 78403 Dear Chief Simpson: We are pleased to inform you that your request for funding from the High Intensity Drug Trafficking Areas (HIDTA) Program has been approved, and a grant (Grant Number G15HN0006A) has been awarded in the amount of $33,135. This grant will support initiatives designed to implement the Strategy proposed by the Executive Board of the Houston HIDTA and approved by the Office of National Drug Control Policy (ONDCP). The original Grant Agreement, including certain Special Conditions, is enclosed. By accepting this grant, you assume the administrative and financial responsibilities outlined in the enclosed Grant Conditions, including the timely submission of all financial and programmatic reports, the resolution of audit findings, and the maintenance of a minimum level of cash -on -hand. Should your organization not adhere to these terms and conditions, ONDCP may terminate the grant for cause or take other administrative action. If you accept this award, please sign both the Grant Agreement and the Grant Conditions and return a copy to: Finance Unit National HIDTA Assistance Center 11200 NW 20th Street, Suite 100 Miami, FL 33172 (305) 715-7600 Or via email to your respective NHAC accountant. Please keep the original copy of the Grant Agreement and Grant Conditions for your file. If you have any questions pertaining to this grant award, please contact Dan Grayson at (202) 395-6692. Enclosures Sincerely, 4( MAUI ki.,' -NO) Michael K. Gottlieb National HIDTA Director Page 1 of Executive Office of the President Office of National Drug Control Policy Grant Agreement 1. Recipient Name and Address Chief Floyd Simpson Corpus Christi Police Department 321 John Sartain Street Corpus Christi, TX 78403 4. Award Number: G15HN0006A 5. Grant Period: From 01/01/2015 to 12/31/2016 1A. Recipient IRS/Vendor No.: 1746000574A5 6. Date: 12/15/2014 7. Action Initial Supplemental Subrecipient Name and Address 8. Supplement Number X 2A. Subrecipient IRS/Vendor No.: 9. Previous Award Amount: 3. Project Title Texas Coastal Corridor Initiative (TCCI) 10. Amount of This Award: $33,135 11. Total Award: $33,135 12. The above Grant is approved subject to such conditions or limitations as are set forth on the five attached pages. Consistent with P.L. 113-164, the Continuing Appropriations Resolution, 2015, this document provides a total budget and spending ceiling as reflected in Block 10 of the Grant Award document, which represents funding at a rate of 19.7% of the fiscal year 2014 funding level. Accordingly, the sum of all budgets cannot exceed the award amount reflected in Block 10 of the Grant Award document. The Office of National Drug Control Policy notes that the aforementioned funding level is below requested budget requirements. Additional funding is expected per standard full funding requirements, will be subject to the terms and conditions of this award, and will be made available when enacted. 13. Statutory Authority for Grant: Public Law 113-164 AGENCY APPROVAL RECIPIENT ACCEPTANCE jilli 14. Typed Name and Title of Approving Official Michael K. Gottlieb National HIDTA Director 15. Typed Name and Title of Authorized Official Floyd Simpson Corpus Christi Police Department 16. Signature of Approving ONDCP Official kA( k. }- (i0) 17. Signature of Authorized Recipient/Date AGENCY USE ONLY 18. Accounting Classification Code DUNS: 069457786 EIN: 1746000574A5 19. HIDTA AWARD OND1070DB1516XX OND6113 OND2000000000 OC 410001 Grant G15HN0006A Page 2 of 5 GRANT CONDITIONS A. General Provisions 1. This grant is subject to Title 2 of the Code of Federal Regulations, as well as the following: • by reference, the provisions of the Office of Management and Budget (OMB) circulars and government -wide common rules applicable to grants and cooperative agreements. These circulars and common rules include the following: • OMB Circular A-21 "Cost Principles for Educational Institutions." (Codified at 2 CFR Part 220) • OMB Circular A-87 "Cost Principles for State, Local, and Indian Tribal Governments." (Codified at 2 CFR Part 225) • OMB Circular A-102 "Grants and Cooperative Agreements with State and Local Governments." (Codified at 21 CFR 1403) • OMB Circular A-110 "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations." (Codified at 2 CFR Part 215) • OMB Circular A-122 "Cost Principles for Nonprofit Organizations." (Codified at 2 CFR Part 230) • "Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Units of Governments," (Codified at 21 CFR Part 1403) • Grants Management Common Rule for State and Local Units of Governments," (Codified at 21 CFR Part 1404) • "Government -wide Debarment and Suspension (Nonprocurement)," (Codified at 21 CFR Part 1404) • "Government -wide Requirements for Drug-free Workplace (Financial Assistance)" (Codified at 21 CFR Part 1405) • "New Restrictions on Lobbying" (Codified at 28 CFR Part 69) 2. Audits conducted pursuant to OMB Circular A-133, "Audits of State and Local Governments", must be submitted no later than 9 months after the close of the grantee's audited fiscal year. A copy of the audit report and management letter must be sent to: EOP/ONDCP Attention: Lisa Newton lnewton@ondcp.eop.gov Grant G15HN0006A Page 3 of 5 3. Grantees are required to submit Federal Financial Reports (FFR) to the Department of Health and Human Services, Division of Payment Management (HHS/DPM). Other reporting requirements are specified in the HIDTA Program Policy and Budget Guidance. 4. The recipient gives the awarding agency or the Government Accountability Office, through any authorized representative, access to, and the right to examine, all paper or electronic records related to the grant. 5. Recipients of HIDTA funds are not agents of ONDCP. Accordingly, the HIDTA, its fiscal agent (s), HIDTA employees, HIDTA contractors, as well as state, local, and federal HDTA participants, either on a collective basis or on a personal level, shall not hold themselves out as being part of, or representing, the Executive Office of the President or ONDCP. 6. The award date of this grant is December 15, 2014. Costs incurred by the grantee between the stated "award date" and starting date of the "grant period," the latter tracking to the more standard full calendar year(s), may be charged by the grantee to this award, if costs were incurred in furtherance of this grant and allowable under applicable cost principles. Such costs should not be charged as "pre -award costs." 7. Grantees and subgrantees are advised of the new OMB grants "supercircular," Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, some provisions of which may begin to supersede the provisions of pre-existing OMB grants circulars over the term of this grant. ONDCP will also be adopting conforming regulations in 2014. ONDCP will provide you with updates moving forward. For more information about the supercircular, please visit www.cfo.gov/COFAR, which includes links to related online training and FAQs. In any case, ONDCP will also accept grants management and administration by "non- federal entities" (the new term for organizations receiving Federal assistance) that conforms to the Omni -Circular requirements from entities that have adopted the Omni - Circular for their programs. B. Special Conditions HIDTA Grants The following special conditions are incorporated into each award document. 1. This grant is awarded for the initiative(s) named above. Variation from the description of activities approved by ONDCP and/or from the budget attached to this letter must comply with the reprogramming requirements as set forth in ONDCP's HIDTA Program Policy and Budget Guidance. 2. This award is subject to the requirements in ONDCP's HIDTA Program Policy and Budget Guidance. 3. No HIDTA funds shall be used to supplant state or local funds that would otherwise be made available for the same purposes. Grant G15HN0006A Page 4 of 5 4. The requirements of 28 CFR Part 23, which pertain to information collection and management of criminal intelligence systems, shall apply to any such systems supported by this award. 5. Special accounting and control procedures must govern the use and handling of HIDTA Program funds for confidential expenditures; i.e. the purchase of information, evidence, and services for undercover operations. Those procedures are described in Section 6-12 of the HIDTA Program Policy and Budget Guidance. 6. The grant recipient agrees to account for and use program income in accordance with the "Common Rule" and the HIDTA Program Policy and Budget Guidance. Asset forfeiture proceeds generated by the HIDTA-funded initiatives shall not be considered as program income earned by HIDTA grantees. 7. Property acquired with these HIDTA grant funds is to be used for activities of the Houston. If your agency acquires property with these funds and then ceases to participate in the HIDTA, this equipment must be made available to the HIDTA's Executive Board for use by other HIDTA participants. 8. All law enforcement entities that receive funds from this grant must report all methamphetamine laboratory seizure data to the National Clandestine Laboratory Database/National Seizure System at the El Paso Intelligence Center. C. Payment Basis 1. A request for Advance or Reimbursement shall be made using the HHS/DPM system (www.dpm.psc.gov). Copies of invoices or payroll registers must accompany the payment confirmation number to provide documentation for the reimbursement request. Requests for advances must be accompanied by details specifying the need for the advance. Documentation of how the advance was spent must be submitted within 21 days and before another advance or reimbursement will be approved. 2. The HIDTAs, or their respective grantees, must utilize the HIDTA program Financial Management System's (FMS) Disbursement module each time they submit a disbursement request to the NHAC. Requests for payment in the DPM system will not be approved unless the required disbursements have been entered into the FMS. Payments will be made via Electronic Fund Transfer to the award recipient's bank account. The bank must be FDIC insured. The account must be interest bearing. 3. Except for interest earned on advances of funds exempt under the Intergovernmental Cooperation Act (31 U.S.C. 6501 et seq.) and the Indian Self -Determination Act (23 U.S.C. 450), grantees and subgrantees shall promptly, but at least quarterly, remit interest earned on advances to HHS/DPM at the address provided below. When submitting your checks, please provide a detailed explanation which should include: reason for check (remittance of interest earned on HIDTA advance payments), check number, grantee name, grant number, interest period covered, and contact name and number. Ms. Regenia Mitchell Division of Payment Management Department of Health and Human Services Grant G15HN0006A Page 5 of 5 Via U.S. Postal Mail: Via FedEx: P.O. Box 6021 7700 Wisconsin Avenue Rockville, MD 20852 10th Floor Bethesda, MD 20814 4. The grantee or subgrantee may keep interest amounts up to $100 per year for administrative purposes. RECIPIENT ACCEPTANCE OF GRANT CONDITIONS Signature: Name: Floyd Simpson Organization: Corpus Christi Police Department Date: Initiative Cash by HIDTA FY 2015 Awarded Budget (as approved by ONDCP) HIDTA Agency Name Initiative Houston Total 12/16/2014 10:25:21 AM Corpus Christi Police Department Texas Coastal Corridor Initiative (TCCI) Agency Tota/ : Corpus Christi Police beparta7eht Cash Type Grant 168,200.00 Investigation G15HN0006A 168,200.00 168,200.00 Quantity Quantity Amount Quantity mount Budget Detail 2015 - Houston Initiative - Texas Coastal Corridor Initiative (TCCI) Award Recipient - Corpus Christi Police Department (G15HN0006A) Resource Recipient - Corpus Christi Police Department Awarded Budget (as approved by ONDCP) $168,200,00 Personnel Administrative Staff Analyst - Program Total Personnel 1 1 $38,000.00 $35,000.00 $73,000.00 Fringe Administrative staff Analyst - Program Total Fringe 1 1 $15,000.00 $14,000.00 $29,000.00 Overtime mount Investigative - Law Enforcement Officer Total Overtime 4 $35,600.00 $35,600.00 Quantity mount Equipment rentals Vehicle allowance Total Services Total Budget 4 $1,800.00 $28,800.00 $30,600.00 $168,200.00 Page 1 of 1 12/16/2014 10:25:21 AM February 9, 2015 Chief Floyd Simpson Corpus Christi Police Department 321 John Sartain Street Corpus Christi, TX 78403 Dear Chief Simpson: Grant number G15HN0006A has been increased and now totals $168,200.00. The original of Modification 1 is enclosed. If you accept this Modification, sign the Modification and return a copy to the Assistance Center in Miami. Keep the original Modification for your file. All terms and conditions of the original award apply to the Modification. If you have any questions pertaining to this grant award, please feel free to contact Lisa Newton at (202) 395-6639. Sincerely, Michael K. Gottlieb National HIDTA Director Enclosures Executive Office of the President Office of National Drug Control Policy AWARD Grant Page 1 of 1 1. Recipient Name and Address Chief Floyd Simpson Corpus Christi Police Department 321 John Sartain Street Corpus Christi, TX 78403 4. Award Number: G15HN0006A 5. Grant Period: From 01/01/2015 to 12/31/2016 1A. Subrecipient IRS/Vendor No. 6. Date: 2/9/2015 7. Action Initial Supplemental Subrecipient Name and Address 8. Supplement Number 1 X 2A. Subrecipient IRS/Vendor No.: 9. Previous Award Amount: $33,135.00 3. Project Title Multiple 10. Amount of This Award: $135,065.00 11. Total Award: $168,200.00 12. • The above grant is approved subject to such conditions or limitation as are set forth in the original Grant. • Consistent with P.L. 113-235 / H.R. 83, Consolidated and Further Continuing Appropriations Act, 2015, this Grant Award document provides additional funding in the amount indicated in Block 10. This amount, together with the amount equivalent to 19.7% of the fiscal year 2014 funding level previously made available, as indicated in Block 9, represent the total FY 2015 budget and spending ceiling for this grant, as indicated in Block 11. 13. Statutory Authority for Grant: Public Law 113-235 / H.R. 83 AGENCY APPROVAL RECIPIENT ACCEPTANCE 14. Typed Name and Title of Approving Official Michael K. Gottlieb National HIDTA Director 15. Typed Name and Title of Authorized Official Floyd Simpson Corpus Christi Police Department 16. Signature of Approving ONDCP Official 4( bkad K. illoWieb 17. Signature of Authorized Recipient/Date AGENCY USE ONLY 18. Accounting Classification Code DUNS: 069457786 EIN: 1746000574A5 19. HIDTA AWARD OND1070DB1516XX OND6113 OND2000000000 OC 410001 Initiative Cash by HIDTA FY 2015 Current Budget (net of reprogrammed funds) HIDTA Agency Name Initiative Houston Total 2/4/2015 8:14:40 AM Corpus Christi Police Department Texas Coastal Corridor Initiative (TCCI) Agency Tota/ : Corpus Christi Police beparta7eht Cash Type Grant 168,200.00 Investigation G15HN0006A 168,200.00 168,200.00 Quantity Quantity Amount Quantity mount Budget Detail 2015 - Houston Initiative - Texas Coastal Corridor Initiative (TCCI) Award Recipient - Corpus Christi Police Department (G15HN0006A) Resource Recipient - Corpus Christi Police Department Current Budget (net of reprogrammed funds) $168,200,00 Personnel Administrative Staff Analyst - Program Total Personnel 1 1 $38,000.00 $35,000.00 $73,000.00 Fringe Administrative staff Analyst - Program Total Fringe 1 1 $15,000.00 $14,000.00 $29,000.00 Overtime mount Investigative - Law Enforcement Officer Total Overtime 4 $35,600.00 $35,600.00 Quantity mount Equipment rentals Vehicle allowance Total Services Total Budget 4 $1,800.00 $28,800.00 $30,600.00 $168,200.00 Page 1 of 1 2/4/2015 8:14:41 AM AGENDA MEMORANDUM First Reading for the City Council Meeting of March 31, 2015 Second Reading for the City Council Meeting of April 14, 2015 DATE: 3/5/2015 TO: Ronald L. Olson, City Manager FROM: Stacie Talbert Anaya, Parks and Recreation Department StacieT@cctexas.com, 361-826-3494 Retired Senior Volunteer Program (RSVP) grant award CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $21,671 State grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program; appropriating the $21,671 State grant in the No. 1067 Parks and Recreation Grants Fund; transferring $79,173 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Retired Senior Volunteer Program and appropriating the $79,173 in the No. 1067 Parks and Recreation Grant fund. PURPOSE: Appropriation of grant funding to allow for the continuation of the Retired Senior Volunteer Program (RSVP). BACKGROUND AND FINDINGS: The City receives grant funding for the Retired Senior Volunteer Program (RSVP) through Federal and State and local grants and matching funds that must be appropriated each year. This award is year three of a three year contract with the corporation for National and Community Service. The amount of $18,059 is the States portion of the three year contract. There is no additional local match for this portion. The RSVP program Retired and Senior Volunteer Program (RSVP) has proven to be exceptionally beneficial to both senior citizens and various public and private agencies in Corpus Christi. RSVP volunteers are individuals 55 years or older who utilize their talents and experience to serve the needs of the community. During a previous grant period (11/15/2013-06/30/14) and fiscal year 2013-2014, 431 enrolled volunteers contributed 47,000 hours through 40+ different non-profit organizations like the, The Women's Shelter, Corpus Christi Food Bank, Deaf & Hard of Hearing Center, KEDT TV, Corpus Christi Metro Ministries, and other community based organizations like Mission of Mercy, Corpus Christi Medical Center, USS Lexington, and AARP Chapters, to name a few. ALTERNATIVES: Reject the grant award and discontinue the RSVP Program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate local grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: Operating Expense / Revenue Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $ 156,076 $ 156,076 Encumbered / Expended Amount This item (transfer) (79,173) (79,173) This item (grant) 21,671 21,671 BALANCE $ 98,574 $ 98,574 Fund(s): Parks and Recreation Grant Fund Comments: State grant for FY15. RECOMMENDATION: Staff recommends acceptance of the grant from the Corporation for National and community Services for the continuation of the Retired Senior Volunteer Program. LIST OF SUPPORTING DOCUMENTS: Ordinance Notification of Funds Available Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $21,671 State grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program; appropriating the $21,671 State grant in the No. 1067 Parks and Recreation Grants Fund; transferring $79,173 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Retired Senior Volunteer program and appropriating the $79,173 in the No. 1067 Parks and Recreation Grant fund. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a $21,671 State grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program. SECTION 2. That the $21,671 State grant is appropriated in the No. 1067 Parks and Recreation Grants Fund for the Retired Senior Volunteer Program. SECTION 3. That $79,173 is transferred from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grants Fund as City matching funds for the Retired Senior Volunteer Program. SECTION 4. That $79,173 is appropriated in the No. 1067 Parks and Recreation Grant Fund. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill 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 , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Brian Rojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Notice of Grant Award Retired and Senior Volunteer Program For Official live Only Corporation for National and Community Service 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 Grantee City of Corpus Christi 1201 Leopard St PO Box 9277 Corpus Christi TX 78401-2120 EIN: 746000574 Award Information Agreement No.: 13RZWTX022 Project Period: 09/06/2013 - 08/31/2015 Amendment No.: 4 Budget Period: 11/15/2013 - 08/31/2015 CFDA No.: 94.002 Grant Year 2 Award Description award funds Purpose The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic Volunteer Service Act of 1973, as amended (42 U.S.C.. Chapter 22) using money appmpriatcd by the State of Texas. Funding Information Previously This Award/ Total Current Year 2 Awarded Amendment Year This Year ✓oral Obligated by CNCS S0 521.671 521,671 Grantee's Unubligated SO SO SO Balance (Carryover) 'Rental Available SO 521.671 521,671 Cumulative Funding for Project Period Total Awarded in Previous Amendments SI8.059 Total CNCS Funds Awarded to Date 539,730 Funding Source and Amount 2015 -OPE 1 -Q53 -OPO -22413-4101 $21,671.00 Special Conditions Costs allowed under this grant are limited to those categories contained in signed application package dated 9/23/2014. Ail other terms and conditions remain unchanged. Terms of Acceptance: By accepting funds under this grant, the Grantee agrees to comply with all terms and conditions of the grant that are on the Corporation's website at hltps://egrants.cns.govlerinsandconditions/RSVPTandC Revised20140114.pdf, all assurances and certifications made In the Grant application, and all applicable federal statutes. regulations and guidelines. The Grantee agrees to administer the funded Program in accordance with the approved Grant application and hudgel(s). supporting documents, and other representations made in support of the approved Grant application. Corporation for National and Community Service: Page 1 For Official Use Only For Official Lie Only Notice of Grant Award Retired and Senior Volunteer Program Grantee City of Corpus Christi 1201 Leopard Si PO Box 9277 Corpus Christi 1 X 78401-2120 Corporation for National and Community Service: 12/05/2014 Signature pale Kcisn Thompson Name (typed) Senior Grants Officer Title 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 EIN:74600057} Kcisa Thompson, 215-964-6334 Grants Official Benjamin Alampresc, 512-391-2944 Program Official Paw 2 Far Official Use Only AGENDA MEMORANDUM First Reading for the City Council Meeting of March 31, 2015 Second Reading for the City Council Meeting of April 14, 2014 DATE: March 3, 2015 TO: Ronald L. Olson, City Manager FROM: Stacie Talbert Anaya, Acting Director, Parks and Recreation Department 361-826-3494, StacieT@cctexas.com Appropriation of funds for the Latchkey After School Snack Program CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $166,173 from the Texas Department of Agriculture; appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Latchkey After School Snack Program. PURPOSE: Appropriation of grant funding to allow for continuation of the afterschool snack program. BACKGROUND AND FINDINGS: The U.S. Department of Agriculture (USDA) through the Texas Department of Agriculture (TDA) provides grants for youth nutrition as a continuation of the National School Lunch Program. This program is called the Child and Adult Care Food Program (CACFP) for after school educational and/or enrichment activities. The Parks and Recreation Department has a total of 24 Latchkey sites that qualify for meal service based on eligibility. There are 6 sites that do not qualify for this program based on enrollment of youth eligible for free and reduced school meals. The Latchkey program subsidizes the snacks for these sites. The City and CCISD entered into a local interagency agreement for the preparation and delivery of meals to the sites with the Summer Food Service Program. The City entered into a contract with CCISD to prepare and deliver snacks at a rate of $.76 per snack for the school year beginning October 1, 2013 - June 10, 2018 (based on Federal funding year). CCISD will also maintain and provide menu preparation records. It is estimated that approximately 12,000 youth per month are served after school snacks. Total program costs are to be provided by the State's reimbursement. No City funds will be utilized for this program, but an ordinance is necessary to appropriate the grant of $166,173 in order to implement the program. ALTERNATIVES: Reject the grant award and discontinue the afterschool snack program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate Federal grant funds and approve interlocal agreements. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, 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 Encumbered / Expended Amount This item 166,173 166,173 BALANCE 166,173 166,173 Fund(s): Parks and Recreation Grant Fund 1067 Comments: none RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Notice of Award Interlocal Agreement with CCISD Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $166,173 from the Texas Department of Agriculture; appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Latchkey After School Snack Program. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of $166,173 from the Texas Department of Agriculture and appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Latchkey After School Snack Program. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill 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 , , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Brian Rojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Texas Unified Nutrition Programs System I Application Packet Sponsor of Affiliated Sites Page 1 of 1 Application Packet Sponsor of Affiliated Sites 01507 Status: Active CITY OF CORPUS CHRISTI PARKS AND RECREATION DEPARTMENT DSA 1201 LEOPARD CORPUS CHRISTI, TX 78469 9277 County District Code: 178 ESC: 2 TDA Region: 5 Packet Submitted Date: 10/14/2014 Packet Approved Date: 10/15/2014 Packet Original Approval Date: 10/15/2014 Packet Status' Approved Action Latest Form Name Version Status View i Revise ✓ Contracting Entity Application Revise 1 Details I/ Board of Directors View I Revise s/ Contracting Entity Budget Detail Details ✓ Checklist (6) View Application Packet Notes for CE Original Approved Original Approved Original Approved Approved Pending Return tar Denied Withdrawn/ Tatal Correction Closed error Applications Site Application(s) 24 0 0 0 0 0 24 Next Base Year Renewal: 2017 - 2018 Show Packet History https://txunps 1.texasagriculture.gov/TXUNPS/Cacf/AppPacket.aspx7enc=acnVachf"t9rjd... 11/7/2014 Page 1 of 4 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR THE AFTER SCHOOL SNACK FOOD PROGRAM This Interlocal Cooperation Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting through its duly authorized City Manager ("City Manager") or the City Manager's designee, and the Corpus Christi Independent School District ("District"), acting through Its duly authorized Superintendent or the Superintendent's designee, for purposes of the Texas Interlocal Cooperation Act, Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring the Child and Adult Care Food Program, a federally -funded and state -administered program to provide after school snacks to school-age children at approved after school program sites; and, WHEREAS, the District agrees to provide unitized snack -sized meals, inclusive of milk or juice, to City for a fixed fee; NOW, THEREFORE, the City and District, in consideration of the mutual covenants contained herein, agree as follows: Section 1. Term. This Agreement begins October 1, 2013, and continues for up to five school years, through approximately June 10, 2018. Section 2. Consideration. Initially, the City shall pay the District $0.75 per snack -sized meal ("Snack" or "Snacks") provided to City by the District. Thereafter, the City Manager is authorized to approve annual amendment to this agreement to adjust the cost per snack, so long as the annual increase does not exceed 5% from the previous year's cost. The District will maintain its food service operation at its facility, which will be utilized for the preparation and packaging of the Snacks, during the term of this Agreement. Section 3. Nutrition Assurances. The District shall ensure that each Snack will meet the minimum nutrition value and content requirements currently mandated and as may be hereafter promulgated by the Texas Department of Agriculture for supplemental food components, in accordance with the Child and Adult Care Food Program - Child Care Center Regulations, which are incorporated in this Agreement by reference as if fully set out herein. Section 4. Record Keeping. (A) District must maintain full and accurate records which must include the following: (1) Menu Records, which will include the amount of food prepared and which comply with the requirements described in the Child and Adult Care Food Program - Child Care Center Regulations that are Incorporated in this Agreement by reference; and Snack Records, which will include the daily number of Snacks delivered by type and which comply with the 2014-001 1/21/14 Ord. 030058 CCISD INDEXED Page 2 of 4 requirements described in the Child and Adult Care Food Program - Child Care Center Regulations that are incorporated in this Agreement by reference. (B) District must provide monthly reports of Menu Records and Snack Records to the City's Park and Recreation Director of Programs, or designee, within ten (10) business days following the end of the preceding month in which Snacks were provided to City. (C)District must make all records and accounts pertaining to the Child and Adult Care Food Program available to representatives of the U.S. Department of Agriculture, the U.S. General Accounting Office, or the Texas Department of State Health Services for audit and administrative review at a reasonable time and place. (D) District must retain the Menu Records and Snack Records for three (3) years plus ninety (90) days following the termination of this Agreement, or so long as an audit of the Menu Records, Snack Records, or both, is in progress. Section 5. Program Coordination. The City's Park and Recreation Director of Programs, or the Director of Programs' designee, shall place a daily order with the District's Food Service Director, or the Food Service Director's designee, and must specify the number of Snacks needed by type, the sites at which the Snacks are needed, and the time by which the Snacks must arrive at each site. Section 6. Food Service Employees. The District's food service employees shall be responsible for transporting and delivering the Snacks to each site. The Districts food service employees will continue to be District employees for the term of this Agreement and are, therefore, subject to the District's policies and regulations. The City's officers, employees, representatives, and agents shall not exercise any control nor supervision over District's food service employees at any time during the term of this Agreement. Section 7. Payment. The District shall invoice the City on a monthly basis for all Snacks provided to the City by District. The City must pay the invoice within two Fridays after receipt of same. Section 8. Current Revenue. All money spent for the Child and Adult Care Food Program must be spent out of currently available revenue of the City and District. Section 9. Governmental Service. This Agreement is between the City and the District for the purpose of providing snacks at City -sponsored after school program sites and is not for the benefit of any third party or individual. Section 10. Non -Assignment. Neither this Agreement, nor any interest therein, is assignable or transferable, in whole or in part, directly or indirectly, without the prior consent of the City and the District; however, this Agreement is binding upon the parties to this Agreement and their respective heirs, successors, and assigns. Section 11. Laws. Both the City and District shall comply with all applicable Federal, State, County, and local laws, ordinances, rules, and regulations pertaining to this Agreement and each party's respective performance thereunder. Page 3 of 4 Section 12. Modifications. No changes or modifications to this Agreement may be made, or any provision waived, unless made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 13. Severance Clause. If for any reason any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it does not affect any other section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement, for it is the definite intent of this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. Section 14. Termination. Either party may terminate this agreement by providing sixty (60)_ days advance written notice of termination. Any notices under this agreement to the City shall be sent certified mail, return receipt requested, and mailed to: City of Corpus Christi Attn: Director of Parks and Recreation 1201 Leopard Street Corpus Christi, Texas 78403 Any notices under this agreement to the District shah be sent certified mail, return receipt requested, and mailed to: Corpus Christi Independent School District Attn: Director of Food Services 4922 Westway Corpus Christi, Texas 78408 Section 15. Entirety Clause. This Agreement and any documents incorporated by reference constitute the entire agreement between the City and District. All other agreements, promises, and representations, unless contained in this Agreement, are expressly revoked as the parties intend to provide for a complete understanding, within the provisions of this Agreement and its incorporated documents, of the terms, conditions, promises, and covenants relating to each party's agreed performance. EXECUT.. 1 I DUPLICATE, each of which shall be considered an original, on this the day of , 20'i, ATTEST: TLL- City Secretary CITY OF C •.:+1I11 RIS Ron Id—•� son, City anager sT Mucfl.. _ 1 2-j iffy ......_,......»..... ilii TAR Page 4 of 4 ATTEST: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT By: By: See Attached Page Name: Name: Title: Title: Date: Date: Approved as to form. 7- Ass scant City Attorney For City Attorney DISTRICT: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT P.O. Box 110 Corpus Christi, Texas 78403-0110 By: D. Scott EIIiff, Ed.D. Superintendent of Schools Date: /e/g l5 Reviewed and A• proved for Purchasing Compliance By: aa Brij j:ya lA, C.P.M Di t.. fo rc asing and Distribution Approved as to Legal Form By: John J. Janssen General Counsel for CCISD w Date: 40/43 Date: /o -y-(3 AGENDA MEMORANDUM First Reading for the City Council Meeting of March 31, 2015 Second Reading for the City Council Meeting of April 14, 2015 DATE: TO: Ronald L. Olson, City Manager March 4, 2015 FROM: Stacie Talbert Anaya, Acting Director StacieT@cctexas.com 361-826-3460 Texans Feeding Texans Grant Award for the Home Delivered Meal Program CAPTION: Ordinance authorizing the City Manager or designee to ratify the execution of all documents necessary to accept and appropriate a $49,795.82 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2015 Senior Community Services — Texans Feeding Texans. PURPOSE: Appropriate Texans Feeding Texans grant funds to supplement the Elderly Nutrition Program Home Delivered Meals Program. BACKGROUND AND FINDINGS: The City receives grant funding for the Senior Community Services Program through Federal and State grants that must be appropriated each year. Additional grant opportunities are also sought to expand program operations and fund special initiatives. This grant does not require any City match funding. The Texans Department of Agriculture Texans Feeding Texans Program provides state funding to directly supplement or extend meal services to homebound persons that are elderly or disabled. The Senior Community Services, Elderly Nutrition Program coordinates the home delivered meals operations to provide a fully prepared, well-balanced noon meal to senior center members and homebound and/or disabled persons throughout the City. The meals are prepared at the Nutrition Education and Service Center located on the Del Mar College West Campus. Funding for this program is contingent on an approved resolution through the county in which meals are served. The Nueces County Commissioners Court approved a resolution to authorize the City of Corpus Christi's application for FY 2015 funding. The City of Corpus Christi's grant allocation was to be determined by census data for elderly living in Nueces County as included in the grant application submitted by Nueces County. Last year's funding for this grant was $62,142.63. The award amount has decreased due to the increased number of other agencies applying for the limited funds. The Texans Feeding Texans Program provides funds to supplement the food and food supply budget and supports one full time staff position dedicated to the Home Delivered Meal Program. ALTERNATIVES: Do not accept the grant. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Not applicable. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Accounting, Budget FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered / Expended Amount 0 0 This item 49,795.82 49,795.82 BALANCE 49,795.82 49,795.82 Fund(s): Parks & Recreation Grant Fund 1067 Comments: There is no required city match for this grant. RECOMMENDATION: Staff recommends approval as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant Agreement Ordinance ratifying the execution of documents necessary to accept and appropriate a $49,795.82 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2015 Senior Community Services — Texans Feeding Texans. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the execution of documents necessary to accept a $49,795.82 grant from the Texas Department of Agriculture Texans Feeding Texans Program is hereby ratified and the grant amount is appropriated in the No. 1067 Parks and Recreation Grants Fund for the FY 2015 Senior Community Services — Texans Feeding Texans. 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 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 , 2015 by the following vote: Nelda Martinez Brian Rosas Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Grant Agreement Number HDM-15-1420 TEXAS DEPARTMENT OF AGRICULTURE GRANT AGREEMENT Period of Performance/Term of Agreement From: 02/01/2015 To• 01/31/2016 Grant Program. Texans Feeding Texans: Home -Delivered Meal Grant Program Project Tide: 2015 Texans Feeding Texans: Home -Delivered Meal Grant Program Amount of Grant Funds , $49,795.82 Amount of Matching Funds $ 0.00 Type State — General Revenue GRANTEE Name City of Corpus Christi, Parks and Recreation Department Physical Street 1201 Leopard Street GRANTOR Name Texas Department of Agriculture City/State/Zap Corpus Christi, Texas 78401 Project Manager Elsa Munoz Physical Street 1700 North Congress Avenue Stephen F. Austin Building, Irk Floor City/State/Zip Austin, Texas 78701 PhoneEmail 361-826-3145 [ elsam@cctexas.com Authority and Purpose Chapter 12 of the Texas Agriculture Code (Code) provides that the Grantor, shall encourage the proper development of agriculture and that the Grantnr may enter into cooperative agreements with Iocal, state, federal and other governmental entities to carry our its duties under the Code. In accordance with Section 12.042 of the Texas Agriculture Code, funds have been appropriated to the Grantor to help defray the costs of providing home -delivered meals that are not fully funded by the Department of Aging and Disability Services or an arca agency on aging. Grants Coordinator Karen Reichek PhoneE-mail (512) 463-9932 I Grants@TexasAgriculture.gov Required Attachments Attachment A - Award Specific Provisions Attachment B -Standard Tema and Conduinru Anachment C - Approved Budget Attachment D - Certification and Assurances All required attachments are incorpo ated into this grant agreement as if fully set forth herein. Except as specifically provided otherwise in this Agreement, any alterations, additions, or deletions to the teras of this Agreement shas be by amendment in writing and executed by bath parties to this Agreement or as otherwise provided. Such amendments shall not invalidate this agreement, nor relieve or release the Grantor or the Grantee from its obligations under this a3�reement. Authorized Signatory. Each person signing the Agreement certifies that he or she is authorized by the Grantor or Grantee to bind the party on whose behalf they are signing to the terms and conditions in the Agreement. This Agreement is executed by the Parties in their capacities as stated below. Grantee Michael Morris, Director Date 1 xl /dd r5/ mm till Avant Ageanc u Minh• 15 14It1 Tim -City arCorpus Christi. Packs and Rer aeon Dcpanmcnr Grantor Jason Fcameyhough, Deputy Commissioner Date MT Pap. l of Texas Department of Agriculture Attachment A —Award Specific Provisions 1 Program Purpose and Grant 1.1 1.2 This Agreement is for the Texans Feeding Texans: Home -Delivered Meal Grant Program ("Program") to distribute grant funds to eligible organizations that provide home -delivered meals to homebound persons who are elderly and/or have a disability. Grantee has applied for a grant from the Program and has met all requirements for receiving the Grant 1.3 Grant Budget. Grantee shall provide a detailed budget for the year, attached hereto as "Attachment C", not to exceed a total of 349,795.82 for all awards granted for the Term of the Agreement, signed by the Grantee, wing the budget categories by which Grantee shall be submitting Quarterly Report information. 2 Grantee Obligations 2.1 Quarterly Report. Grantee shall provide to Grantor a quarterly report in a format prescribed by Grantor. The report must track the expenditure of Grant funds in sufficient detail to assure compliance with Program rules. Grantee shall submit quarterly reports on or by the due dates as follows• • June 1, 2015 for the period February 1, 2015 — April 30, 2015. • September 1, 2015 for the period May 1, 2015 — July 31, 2015. • December 1, 2015 for the period August 1, 2015 — October 31, 2015. • March 1, 2016 for the period November 1, 2015 — January 31, 2016. 2.2 Payment Schedule. The Grantor shall make a grant award not later than February I to Grantee. Fifty percent (50%) of grant funds awarded shall be allocated and distributed to Grantee within a reasonable time following the grant term start date. The remaining fifty percent (50%) of such grant award shall be allocated and distributed to Grantee on or about August I. Notwithstanding any other provision of this subchapter, the Grantor may deny, revoke, suspend, or withhold a grant award for misuse of grant funds, or failure to comply with any requirement of Texas Administrative Code Tide 4, Part 1, Chapter I, Subchapter 0, Sections 1.950 et seq. 2.3 Performance by Grantee. Grantee shall use Grant in accordance with the terms of this Agreement and Texas Administrative Code Title 4, Part 1, Chapter 1, Subchapter 0, Sections 1.950 et seq. 2.4 Non -expended Grant Funds. Grantee understands and acknowledges that grant funds that are not expended by Grantee prior to the end of the Term of Agreement, including any authorized extensions, must be returned to the Grantor. Failure to remit unused funds may result in legal action against Grantee, including, without limitation, making Grantee ineligible for future Program funds. 2.5 Grantee's Menu and Substitution Procedure. Grantee shall have all menus and meal substitution procedures approved by a registered dietician or a person with a bachelor's degree (or higher) in food and nutrition, dietetics, or food service management, who is curzently employed as a dietitian or dietary consultant in a hospital, nursing facility, school, home -delivered meal organization, or in private practice. Grantee shall maintain documentation of such approval. Madman A #1111M-15-14 33 IDA — City niCorpus rUrn4 Park, and Rxaonun 1)eparernent Pae. 1 of 2 2.6 Grantee Meal Delivery and Temperature Standards and Procedures. Grantee shall maintain policies to ensure compliance with meal temperature standards and the Program's four-hour delivery requirement at each meal preparation location Grantee shall also maintain records demonstrating compliance tvith Grantee's policies. if Grantee does not comply with meal temperature standards and the four-hour delivery requirement due to exceptional circumstances, the Grantee should seek a written waiver from Granter as soon as practicable following the occurrence of the exceptional event or circumstances. If Grantee fails to comply with the Program's four-hour delivery requirement, Grantee will be required to implement corrective action, as determined by TDA, prior to applying for future funds. 2.7 Failure to Obtain a Food Establishment Permit or Comply with Texas Food Establishment Rules (TFER). If it is determined that Grantee failed to obtain a required food establishment permit, or that Grantee failed to comply with TFER, Grantor, at its sole discretion, may exercise the remedies set forth in sections 6.1 and 7.1 of this Agreement, including, without limitation, termination of the Agreement and taking legal action to obtain full repayment of the Grant. 2.8 Notice of Failure to Receive County Grant. Grantee shall promptly notify the Grantor of any failure to receive or reduction in the amount of the county grant funds required by Texas Administrative Code Title 4, Part 1, Chapter 1, Subchapter O, Section 1.953 as reported by Grantee in its application for funds under this Program. Failure of Grantee to receive, or reduction in the amount of, county grant funds may result in the withholding or revocation of a Grant or require Grantee to refund Grant funds disbursed. 2.9 Eligible Meals The Grant is based on the number of Eligible Meals served by Grantee. Eligible Meals are calculated by subtracting the meals funded by the Texas Department of Aging and Disabilities and/or Area Agency an Aging from the total number of meals delivered as reported by Grantee in a county between September 1, 2013 and August 31, 2014. The Grant is calculated on the remaining number of meals. For purposes of this Grant, any meals that are not Eligible Meals arc classified as Ineligible Meals. If an audit or review of the Grant reveals that Grantee has received Grant funds based on Ineligible Meals, Grantee will be required to repay Grantor the amount of the excess Grant funds received, on terms and conditions as may be set by Grantor. Attachment A Hl t3JAI Is 7131 IDA _ Cal of Curium fie, Puln.Mt fiecnation D p rm e,r t'age2uf2 Texas Department of Agriculture Attachment B—Terms and Conditions 1.1 Application. Grantor and Grantee (the Parties) agree to the following terms and conditions, which are applicable unless a term of the Award Specific Provisions clearly indicates otherwise. in the event that any terms between Attachment A and Attachment B of this agreement conflict, Attachment A shall control. 2. Deirnitiorts 2.1 "Agreement" - The Grant Agreement and all attachments thereto. 2.2 "Authorized Official" .- Grantee's representative authorized to bind the Grantee and take action on its behalf. 2.3 "Commissioner" - The Commissioner of Agriculture. 2.4 "Department" -- The Texas Department of Agriculture. 2.5 "Deputy Commissioner" - The Deputy Commissioner of Agriculture. 2.6 "Fiscal Officer" - Grantee's designated representative responsible for all financial and budget reporting functions related to the administration of the grant, as required by the Agreement. 2.7 "Grant Coordinator" - Grantor's designee responsible for and authorized to coordinate the Grant Program. 2.8 "Non -Expendable Personal Property" - Tangible personal property having a useful life of more than one year and an acquisition cosi of $5,000.09 or more per unit. 2.9 "Project Manager" - Grantee's designated representative responsible for day -to day project management and coordination. 3 Reporting Requirernenrs. 3.1 Performance Reports. A. Quarterly Reports Required. Performance reports shall be submitted on a form prescribed by Grantor. These reports shall be in a narrative format, from one to three pages in length, and detail the accomplishments of the project objecnves for the previous three-month period. The due dates for reports arc thirty days after the end of each report period set in section 3.3. B. Final Performance Report. The final report shall follow the format prescribed by the Tom Department of Agriculture 1 n& & tiuvinen Development . Grants' Jtment 8—1 ng and Conditions Pao:of 13 Grantor. fhe Final Performance Report is due thirty days after the expiration or termination of ads Agreement, whichever occurs first 3.2 Budget Reports. A. Budget Reports. Budget Reports shall be subtnitted on a form prescribed by Grantor. 'cheese reports shall detail use of grant funds spent to date and must be submitted within die time prescribed by Section 3.3 of this Attachment B. B. Budget Report. Both the Fiscal Officer and the Project Manager must sign the Final Budget Report. The form shall detail the use of all award funds in accordance with the approved budget. The Final Budget Report is due sixty days after the expiration or termination of this Agreement, whichever occurs first. Grantor shall not reimburse any expenses incurred after the termination of this Agreement 3.3 Quarterly Reporting Periods. Quarterly reports must be submitted no later than thirty days after the end of the following reporting periods: • September I thru November 30; • December 1 thru February 28; • March 1 three May 31; and • June I thru August 31. 3.4 Annual Inventory of Property. Grantee's Project Manager or Fiscal Officer shall provide to the Grantor an Annual inventory of Grantor Non -Expendable Personal Property detailing the items' location and condition on die form prescribed by the Grantor. 3.5 Failure to Comply with Reporting Requirements. Failure of Grantee to comply with any of the reporting requirements in this Agreement may result in the revocation of a Grant, withholding of request(s) for reimbursement, requiring the repayment of Grant funds disbursed to Grantee, and/or Grantee's ineligibility for future Program funds. 4 Agreement Modifications 4.1 Agreement Modifications. The Agreement cannot be changed, terminated or modified in any manner other than as provided for herein. Grantor is not obligated to approve requests for modification. 4.2 Requested Agreement Changes by Grantee. The Grantee may request changes to the Agreement, budget or objectives and deliverables by submitting the requested change to the Grantor in writing. Except as otherwise provided in the Agreement, requested changes shall only become effective upon written approval of the Grantor. Written notice of approval or denial of the Grantee's request will be sent to the requestor. 4.3 Time for Requesting Agreement Changes. The Grantee may request changes to the Agreement by submitting the requested change, in a format prescribed by Grantor, including justification for the request, to the Grant Coordinator no later than thirty days pnor to the end of the Term of Agreement. Requests for Agreement changes may be submitted for reqs Department of Agriculture Tri & Business Development [;rants Attachment d 'I rims and Conditions a'sKe 2 of 1 ] approval within thirty days prior to the end of the Term of Agreement, but only for good cause as determined by the Grantor based on thc justiicauon subnutted with the request. 'the following requests shall be considered: A. Material Budgetary Changes. if a budgetary change for an amount exceeding UP o of the Grant Award is needed, it must include: 1) A statement explaining the need for thc change; and 2) Documentation indicating the hne items and amounts to be changed. B. Programmatic Change. If a programmatic change is requested, such as the scope, target, or focus of the Grant Project, the request shall include a detailed explanation and a statement for the change. C. Agreement Extension. Grantee shall submit to Grantor written request with an explanation, for an extension of the Agreement not less than thirty days prior to the end of the Term of Agreement. The explanation should demonstrate that the extension is necessary due to unforeseeable circumstances preventing completion of the Grant Project. 4.4 Budgetary Revisions. The Grantee is allowed to make budgetary revisions without prior approval for up to 1000 of the grant award. The total of the revisions is a cumulative amount totaling I0 ° of the award. These funds may only be reallocated to eligible and previously approved line items, excluding indirect costs and equipment purchases. Notification of any revisions must be submitted to the Grantor in writing within ten business days prior to the subsequent payment request. 4.5 Grantor Amendment. Grantor may alter, amend, change, modify, revise, or supplement the terms of the Agreement by providing written notice of amendment to Grantee. Grantee's continued performance under the Agreement constitutes acceptance of Grantor's amendment. 4.6 Approved Changes Become Part of Agreement. Once approved in accordance with this A ttachment, approved changes become a part of the Agreement, superseding all provisions that are inconsistent herein. 4.7 Lack of Approval for Budget Transfers. Lack of prior approval for the following will be grounds for denial of reimbursement requests for the following items: A. Budget transfers exceeding 10% of the grant award; B. Indirect costs; and/or C. Equipment purchases. 4.8 Grantee Project Manager Change. Grantee shall notify Grantor in writing within seven days of Grantee's Project Manager separation from, or notice of intent to separate from the Tens tkpartm ni nrAgriculture Trade & Busat<Ys Devckpmcnt Grants Attachment 13 Tarin sod {:ondinum Page 3 tit" 13 Grant during the Tenn of the Agreement Such entice shall include the date of termination of the Project Manager's affiliation. 4.9 Grantor's Approval of Proposed Project Manager Change. Grantor shall review Grantee's request and provide written approval or denial of the proposed change within 10 business Clays after receiving such notice from Grantee. if Grantor does not approve such substitution, then the Agreement shall be temporarily suspended until an alternative Project Manager is approved or the Agreement is terminated in accordance with Section 8.1 of this Attachment B. 4.10 Reimbursement After Project Manager Separation. Unless Grantor has approved the Project Manager change under Section 4.9 above, Grantor will not reimburse Grantee for any expenditure directly associated with the Project Manager under the Agreement that is incurred after the effective date of termination provided in the written notice under Section 4.8 above. Such expenditures include, but are not limited to the Project Manager's salary, incidentals, and/or travel. In the event of any conflict between Sections 4.10 and 8.5 of this Attachment B, Section 8.5 will prevail. 5 Compliance 5.1 Access to Records. During the Term of Agreement and for at least three years after termination of the Agreement, Grantee shall allow representatives of Grantor and/or the State Auditor's Office upon request by such, access to and the right to examine the premises, books, accounts, records, files and other papers or property belonging to or in use by Grantee and pertaining to the Agreement. Such records shall be maintained by Grantee at a location that is readily accessible to Grantor and/or the State Auditor's Office. 5.2 Authority to Audit and Investigate. Grantee understands that acceptance of grant Rinds under the Agreement acts as acceptance of the authority of the State Auditor's Office, its successor agency, and any representative of the Grantor to conduct an audit or investigation in connection with such funds. Grantee further agrees to cooperate fully with the State Auditor's Office, its successor or any representative of the Grantor in the conduct of the audit or investigation, including providing all records requested and providing the State Auditor or any representative of the Grantor with access to any information they consider relevant to the investigation or audit. Grantee shall ensure that the clause concerning the authority to audit funds received indirectly by any subcontractors used by Grantee and their requirement to cooperate is included in any subcontracted awards. 5.3 Records Retention. All records under the Agreement are required to be maintained by the Grantee for three years after the expiration or termination of the Agreement, or any litigation or audit is completed, whichever is longer. 5.4 Copies of Financial Audit. If Grantee has a financial audit performed in any year during which Grantee receives funds from Grantor, and if the Grantor requests information about the audit, the Grantee shall provide such information to Grantor or provide information as to where the audit report can be publicly viewed, including the audit transmittal letter, management letter, and any schedules in which the Grantor's funds are included. Tars Dcpsnrme„ t of Agneuhwr Tads & Buhl+was Development • Grum Anachnun, 8 — .ATM and Condition" Page 4 of 13 5.5 Notification Regarding Grantee's Fiscal Officer or Authorized Individual Changes. Grantee shall immediately notify Grantor if Grantee's Fiscal Officer or Authorized Individual Ieaves or otherwise changes during the Term of Agreement Grantor shall not process grant payments during any period of time for which Grantee has failed to designate a Fiscal Officer or Authorized Individual. 5.6 Notification of Subcontract/Assignment. Any delegation by Grantee to a third party of any of the dudes and responsibilities under the Agreement shall not relieve Grantee of its responsibility to Grantor for its proper performance under the Agreement. Grantee cannot subcontract or assign any of its dudes under the Agreement without advance written nonce to Grantor and prior written approval of Grantor, which shall not be unreasonably withheld Lack of notice may be grounds for termination of the Agreement. 6 Intellectual Property 6.1 Copies of Materials to Grantor, Non -Disclosure. The Grantee shall pmvidc to the Grantor any Intellectual Property, information, data, conclusions, or reports as it may develop or produce as a result of the Agreement at least thirty days prior to its publication, release, or dissemination, in any form, for Grantor's review and comment. If Grantee and Grantor agree for good cause that such materials or information should remain confidential, Grantee shall not disclose or publish any information gathered, compiled, produced, reviewed or controlled by Grantee in connection with the approved Grant Project defined in Attachment C. For purposes of this section, good cause includes {i) breach of the Agreement by Grantee and (n) Grantee's failure to meet the Grant Project's objectives. The Grantee shall provide to the Grantor copies of all printed or recorded materials which describe or publicize the project, including brochures, press clippings, audio and video tapes, and photographs of sites and signs. The Grantor shall have the right to publicize the Grant Project and to use and disseminate the information, data, conclusions, articles, reports, brochures, audio and videotapes, photographs, and other hems provided by Grantee. Notwithstanding any other provision in the Agreement, Grantee agrees that if Grantee commits a material breach of the Agreement, or if Grantor terminates the Agreement for cause, then Grantor shall be the sole owner of any intellectual Property created under the Agreement, and Grantee has no rights to said Intellectual Property whatsoever. 6.2 Reports to Grantor. If the Grantee first conceives of, actually puts into practice, discovers, invents, or produces any intellectual property during the course of its work under the Agreement, it shall report that fact to the Grantor. 6.3 Copies of Intellectual Property Materials to Grantor. The Grantee must submit a copy of any intellectual property materials produced as a result of the Grant Project to the Grantor at least thirty days prior to publication, release, or dissemination. 6.4 Funding Statement. All materials produced as a result of the Grant Project must include a statement that the work was funded, in whole or in part, by the Grant Program as administered by the Texas Department of Agdculture. 'lens bcparimem 4 o Agriculture Trade dr thvelopment Chante Attachm t t3 —Terni and r rmditm s Pege5'of 1} 6.5 Grantor's Rights. 7 he Grantee may obtain governmental protection for rights in thc intellectual property. However, thc Grantor reserves a royalty •free, nonexclusive, perpetual and irrevocable license to use, publish, or reproduce for sale or otherwise, and to authorize others to use, publish, or reproduce, for sale or otherwise (to the extent consistent with the rights of third parties) any intellectual property created or produced in whole or m part with funds received under the Agreement and for which the Grantee obtains intellectual property rights. 6.6 Grantee's Responsibilities. In performing work under the Agreement, the Grantee shall comply with all laws, rules, and regulations relating to intellectual property, and shall not infringe on any third party's Intellectual property rights. It shall hold the Grantor harmless for, and to the extent permitted by the laws and Constitution of the State of Texas, defend and indemnify the Grantor against, any claims for infringement related to its work under the Agreement. 6.7 Subcontract Provisions. The Grantee shall include provisions adequate to effectuate the purposes of Section 6 of this Attachment in all subcontracts under the Agreement in the course of which intellectual property may be produced or acquired. 6.8 Intellectual Property Developed with Other Funding. Nothing in Section 6 of this Attachment is intended to give the Grantor a right to any intellectual property developed with funds other than those provided by the Agreement or used as matching funds under the Agreement. 7 Payments. 7.1 Lack of Funding. The Agreement is subject to the availability of state, federal or private funds. if such funds become unavailable during the Term of Agreement and Grantor is unable to obtain sufficient funding for the Agreement, the Agreement will be reduced or terminated. 7.2 Grantee in Good Standing. Grantee understands that in order to be eligible for payment from Grantor, Grantee must be in good standing with the.] exas Comptroller of Public Accounts. 7.3 Reimbursement. Grantor shall reimburse Grantee only for actual, reasonable and necessary expenses, in accordance with the following circulars, directives, policies and standards: A. OMB Circular A-102, 2 CFR 215, 2 CFR. 220, 2 CFR 225, and 2 CFR 230 as applicable; B. The Uniform Grant Management Standards (" UGMS"); C. As provided for in Attachment C, and to the extent the expenditure is allowable as determined by Grantor, and D. Only to the extent such expenses have been incurred by Grantee in the fulfillment of the objectives provided for in Attachment C. 7.4 Reimbursrme:nt Documentation. Grantee shall submit to Grantor, for each Texts 1kpanmcnt ttrAgricukurr Trade & 11 m : a ncvdkt,t - Chants tnachmcnt 8 'I uma and f ondia,�ns Page 6 oaf 13 reimbursement request, a completed Payment Request and Budget Comphance Report on a form designated by Grantor, including the following information, if appbcable: A. Personnel Costs. Back-up documentation for salary/wages and fringe benefits must be provided that detail personnel time billed directly to the program. B. Travel Casts, 'Travel costs are allowable for transportation, lodging and related expense items incurred by Grantee while traveling withui Texas on official business dtrecdy related to the Grant Project. Reimbursement for travel is limited to the federal Domestic Per Diem Rates, which can be found on the U.S. General Services Administration (GSA) Web site. For locations not listed on the GSA site, the nue will be limited to travel reimbursement rates as set by the Texas Comptroller of Public Accounts. The Grantor will address exceptions on a case-by-case basis. Copies of receipts for all expenditures, regardless of the amount, must accompany the request—including, but not limited to, airfare, lodging, transportation, incidentals, etc. A brief justification for the gavel must also be included. Meals, or any food related items related to travel and or per diem expenses are not an allowable cost and will not be approved for reimbursement. C. Supplies and Other Operating Costs. Copies of vendor invoices for purchases of ;500.00 or more and an itemized list of all invoices for purchases of less than ;500.00 must accompany the Payment Request. All backup documentation, including original copies of vendor invoices, must be made available to Grantor upon request during any audit conducted at Grantee's premises under the Agreement. D. indirect Costs. Grantor's maximum obligation also includes indirect costs of up to ten percent (10%) of actual costs. The inclusion of these indirect costs shall not change Crxantor's maximum obligation under this Agreement. In order to be reimbursed for indirect costs, Grantee must provide an Indirect Cost Plan to Grantor for approval 7.5 Payment Requests. Grantee must submit payment requests in a manner as proscribed by Grantor at least quarterly, with no greater frequency than monthly. 7.6 Final Payment Request. The final payment request must be received no later than sixty days following the completion of the Grant Project or after the expiration or tennutation of the Agreement, whichever occurs first. 7.7 Payment Schedule. In order to be eligible for reimbursement of a payment request, all reporting requirements must be current. Grant funds shall be paid according to the following schedule. A. Up to 9000 of the total grant award may be disbursed provided the work for which payment is requested has been completed and proper documentation to substantiate the request has been submitted pursuant to Section 7.4. B. The remaining 10% may only be disbursed if the disposition of all property purchased under the Agreement is submitted utilizing the form designated by the Grantor (if applicable). limas Department of Agriculture TraJt at Busman 13crelopsnent Grants Attachment 0 lama and t rmdatinns Page 7 cif 13 7.8 Payment CIassification. Funds reimbursed under the Agreement must be classified as "grants" for financial reporting purpnses 7.9 Use of Funds. Quarterly reports must demonstrate the expenditure of funds in a timely manner, as well as corresponding progress towards Grantee's project objectives. Lack of progress will be considered a breach of this agreement and unless cured in the time prescribed by Grantor, will result in the termination of this agreement. 7.10 Non -expended Grant Funds. Grantee understands and acknowledges that ant funds that are not expended by Grantee prior to the end of the Term of Agreementincluding any authorized extensions, shall be forfeited. 7.11 Required Repayment of Grant Funds. A. Grantor will deny any requests for reunbursement and/or require repayment of Grant funds disbursed to Grantee if: 1) Grant funds are misused; 2) Grantee violates any term, condition or provision of this Agreement; or 3) Grantee made any misrepresentations to Grantor in obtaining this Grant. B. This provision is not exclusive of other grounds for withholding or requiring repayment of grant funds or any other remedy, civil or criminal, which may be available to Grantor. 7.12 Matching Funds. Grantee is required to expend matching funds in an amount equal to or greater than the pledged match as outlined in Attachment C. Requests for reimbursement will only be paid after Grantee provides documented minimum expenditure of matching funds in an amount proportionate to the reimbursement request. 8 Termination ofAgreement 8.1 Agreement Termination. The Agreement ma be consent. Int adclition eitherY tc rrniaatrd at any time by mutual party may terminate the Agreement, without cause, upon thirty days' written notice via registered or certified mail, return receipt requested, to the other party Early termination of the Agreement shall not relieve Grantee from the obligation of providing final performance and budget reports regarding the expenditure of grunt funds received prior to termination. If one party terminates the Agreement, pursuant to this section, then the effective date of termination is thirty days from the date that the non - terminating party receives the notice of t errnitnation. 8.2 Immediate Termination. Any default or breach of the Agreement, including but not limited to, Grantee's failure to meet reporting requirements for more than one quarter (does not have to be consecutive), or fulfill any other obligation under the Agreement, shall constitute cause for immediate termination of the Agreement. Such termination is effective upon written notification by Grantor by mailing written notice via registered or certified mail, return receipt requested, to Grantee. The effective date of termination is three days after Grantor mails Granter notice of termination. 7 ria+.rhparrmem of Atincutn ire "'omJe & Barin,► Development Clams Attachment H 'beton and D'agtBuf13 8.3 Curable Breach. If Grantor determines that a breach by Grantee is curable, Grantor may send written notice to Grantee stating the nature of the breach. 5huuld the breach not be cured by Grantee within thirty days from the date of the notice, the Agreement will be immediately terminated. Forbearance of this section or any other termination provision by Grantor shall not constitute a waiver of the breach. 8.4 Termination for Lack of Appropriate License/Permits. Grantee's failure to obtain and maintain applicable federal, state, and local licenses and permits shall constitute cause for immediate termination of the Agreement. 8.5 Reimbtusement upon Termination. In the event of termination of the Agreement, Grantee shall be reimbursed for eligible, documented expenses in accordance with the Agreement up to the date of termination. Expenses incurred beyond the date of termination will not be reimbursed, and Grantee specifically waives all rights to any further funds upon termination of the Agreement. 8.6 Effect of Expiration or Termination. Sections 3.1, 3.2, 5.1, 5 2, 5.3, 5.4, 6.1, 6.3, 6.4, 7.11, 8.1, 9.5, and 9.6 of this Attachment B shall survive the expiration or termination of the Agreement. Notwithstanding anything to the contrary contained in the Agreement, termination of the Agreement shall not release or relieve either Grantor or Grantee from any liabilities or damages arising out of any breach of the representations and warranties made by it, or its failure to perform any of the covenants, agreements, duties or obligation arising under the Agreement. 9 Disposition of Property 9.1 Property Vested in Grantee. When personal property is acquired by Grantee with grant funds, title shall be vested in Grantee, subject to the Agreement: 9.2 Personal Property Used in Accordance with the Agreement. During the Term of Agreement, such personal property shall be used in accordance with the Agreement to accomplish the public purposes served by the Grant Project. 9.3 Maintenance of Property Records. Grantee must maintain property records that include a description of the property, a serial number or other identification number, the source of property, who holds the title, the acquisition date, and cost of the property, percentage of state participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property, on a form prescribed by Grantor. 9.4 Physical Inventory. A physical inventory of the property shall be taken and the results reconciled with the property records at least once every two years. or prior to termination of the Agreement, as applicable. 9.5 Non -Expendable Personal Property. After the termination of the Agreement, Grantee may continue to use any Non -Expendable Personal Property acquired under the Agreement I'e:aa Department of Agicutturr !Title & Business Dcvcanpme nt - [;iamb t'ogt: 9 of 13 ittachtrnernt R TcYms and t:ortdtt,,n in the Grant Project as long as needed, whether or not the project cottuuues to be supported by grant funds In the alternative, Grantee may sell the property and reinvest the proceeds in the Grain Project. 9.6 Property Disposition at Project Expiration or Termination. If the Grant Project has terminated and die property is no longer being used for the purposes specified to the Grant Project, then the property must be disposed of as follows: A. If the property has a current per-unit fair market value of less than $5,000.00, Grantee may use the property for other activities without reimbursement to Grantor or sell the property and retain the proceeds. B. If the property has a current per-unit fair market value of $5,000.00 or more, Grantee may retain the property for other activities, or sell it, but shall in either case compensate Grantor for its share. The amount of compensation shall be computed by applying the percentage of Grantor's actual participation in die cast of the original project to the current fair market value of the property. C. If Grantee has no further need for and is unable to sell the property, Grantee shall request disposition instructions from Grantor. 9.7 Expendable Personal Property. Expendable personal property acquisition. If there is a residual inventory of suh property eceeding$5,00p 00 in o� Pon aggregate fair market value upon completion of the Grant Project, Grantee may retain the property for other activities, or sell it, but must in either case compensate Grantor for its share. The amount of compensation shall be computed in the same manner as Non - Expendable Personal Property. If Grantee has no fruther need for and is unable to sell the property, Grantee shall request disposition instructions from Grantor. 10 General Terms and Conditions 10.1 Delegation to Third -Party. Grantee is not relieved of its duties and obligations imposed by the Agreement through delegation by Grantee to a third -party. 10,2 Agreement Binding. e ThAgreement shall be binding on and inure to the benefit of the parties and their officers, executives, administrators, legal representatives, and successors except as otherwise specified herein. Neither party may assign or transfer the Agreement without the written consent of the other party. The parties intend to be legally bound and have executed the Agreement as evidenced by their signatures on the date indicated below. The Agreement is not effective unless and until it has been signed by both parties. 10.3 Grantee Responsible for Compliance. Grantee shall be solely responsible for compliance with all federal, state, and municipal laws, ordinances, regulations, and sin contracting guidelines in the accomplishment of rhe Grant Project funded bythe$ or Agreement, and failure to comply with such shall constitute cause for immediate termination of the Agreement in accordance with Section 8.2 of this Attachment. Texas Department n j Agriculture 'node de Business Development - Chants Pap Ill of t3 Attachment 13 —Tunas nas and Conditions 10.4 Agreement does not Create Debt. The Agreement shall not be construed as creating any debt on behalf of the State of Texas, and/or Grantor in violation of Article III, Section 49, of the Texas Constitution. In compliance with Article VIII, Section 6, of the Texas Constitution, all obligations of the State of Texas or Grantor hereunder are subject to the availability of appropriations and authorization to pay by the Texas Legislature. 10.5 Delivery Methods. Unless specifically provided herein, any required notice to be given by either party to the other party must be affected by personal delivery in writing or by mailing same the registered or certified mail, return receipt requested. All notices shall be addressed to the parties at the address stated in the Agreement unless a change of address has been given in the manner provided for in this section. 10.6 Inspection by Grantor. During the Term of Agreement, Grantor may inspect Grantee's premises, accounting records, property records, and other records, to monitor Grantee's performance of the work and expenditures of the grant funds. Grantor further has the right to make a visual inspection of any assets purchased or constructed with grant funds. 10.7 Indemnification. Grantee shall indemnify and hold harmless, to the extent allowed by the laws and Constitution of the State of Texas, Grantor, its executives, officers, agents and employers, from any and all claims, demands, and causes of action arising from or related to Grantee's performance under the Agreement, including reasonable attorney's fees and settlement costs incurred in defending or settling any such claims. 10.8 Grantee Not Employee of Grantor. Grantee, its employees, contractors, and/or subcontractors shall not present thernsdves as or be construed as employees or agents of Grantor. Neither Grantee nor its employees have an employer employee relationship with Grantor. 10.9 Representations and Warranties of Grantee. Grantee represents and warrants that: it has the full right and authority to enter into the Agreement and to bestow on Grantor the tights and privileges set forth in the Agreement; it has obtained all necessary approvals prior to execution of the Agreement; it is in good standing with the Texas Comptroller of Public Accounts, and in all other jurisdictions in which it is required to be so qualified for performance of the Agreement; and it has paid all necessary fees, and it has obtained all necessary certifications, registrations, approvals and licenses necessary to perform the Agreement. 10.10 Applicable Law. The Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Exclusive venue shall lie in the District Courts of Travis County, Texas. 10.11 Dispute Resolution. The Agreement is subject to the dispute resolution procedures set forth in Chapter 2260 of the Texas Government Code. 10.12 Uniform Grant Management Standards. The Agreement shall comply in all respects with the Uniform Grant Management Standards (UGMS), Texas Government Code, 5783.007. In Texas I kpnmeat or.lgricrdiurc Trade & Susineeg Dcvclopman - fjrsnty Page I I u{ ly irt2Cllment B Tcrmo and t-unditions the case of any conflicts between UGMS and the Agreement, UGMS shall control 10.13 Texas Public Information Act. Grantee acknowledges that all information provided by Grantee pursuant to the Agreement, including information and material referred to in the Agreement, attachments and/or any amendments thereto, is subject to the Texas Public Information Act, Texas Government Code, Chapter 552, and may be subject to disclosure to the public. 10.14 Headings. Captions and headings of the sections or paragraphs of the Agreement are for convenience and reference only and shall not affect, modify or amplify the provisions of the Agreement, nor shall they be employed to interpret or aid in the construction of the Agreement. 10./5 Severability. finny part of the Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, such portion shall be deemed severed from the Agreement and the remaining part shall remain in full force and effect, and the parties shall promptly negotiate to replace invalid or unenforceable provisions that arc essential parts of the Agreement. 10.16 Waiver. A waiver by Grantor of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. 10.17 Antitrust. Grantee represents and warrants that neither Grantee nor any firm, corporation, partnership, or institution represented by Grantee, or anyone acting for such firm, corporation or institution has (1) violated the antitrust laws of the State of Texas under Tex. Bus. & Com. Code, Chapter 15, or the federal antitrust laws; or (2) communicated directly or indirectly the Proposal to any competitor or any other person engaged in such line of business during the procurement process for this grant award. 10.18 Force Majeure. Neither Grantee nor Grantor shall be liable to the other for any delay in, or failure of performance, of any requirement caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. Eacha with proof of receipt, P rty must inform the other in writing, Pt, within three (3) business days of the existence of such farce majeure, or otherwise waive this right as a defense. 10.19 Buy Texas. Grantee shall purchase products and materials produced in the State of Texas when available at a price and time comparable to products and materials produced outside the state. 10.20 Electronic and Information Resources Accessibility Standards, As Required by 1 Teras Deft/mon of Agriculture Trade de Business Lkvelopmeat ( soots Page 12 of 13 Mucha/un- 8 - Terms 2nd Cnndoions `I TAC Chapter 213. a. Effective September I, 2086 state agencies and Institution of higher education shall procure products which comply with the State of Texas Accessibility requirements for Electronic and information Resources specified in 1 TAC Chapter 213 when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation. b. If applicable, Grantee shall provide DIR with the URL to its Voluntary Product Accessibility Template (VPAT) for reviewing compliance with the State of 'I exas Accessibility requirements (based on the federal standards established under Section 508 of the Rehabilitation Act), or indicate that the product/service accessibility Information is available from the General Services Administration —Buy Accessible Wizardl (http://www.buyaccessible.gov). Vendors not listed with the —Buy Accessible Wizardl or supplying a URL to their VPAT must provide D1R with a report that addresses the same accessibility criteria in substantively the same format. Additional information regarding the —Buy Accessible Wizardl or obtaining a copy of the VPAT is located at http://www.section508.gov/. 10.21 Confidential Information. If it is necessary for Grantee to include proprietary or otherwise confidential information in its Proposal or other submitted information, Grantee must clearly label that proprietary or confidential information and identify the specific exception to disclosure in the PIA. Merely making a blanket claim the entire Proposal is protected from disclosure because it contains some proprietary information is not acceptable, and shall make the entire Proposal subject to release under the P1A. In order to initiate the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the Proposal that are considered by Grantee to be proprietary or confidential must be clearly labeled as described below. Any information which is not clearly identified as proprietary or confidential shall be deemed to be subject to disclosure pursuant to the PIA. Subject to the Act, Grantee may protect trade and confidential information from public release. Troop DDetranmeni e►r Agrin►hure Era& & Hushes U sclupmcn► Grams %itachman 11 1 cam+ and t und►duns t'agc13u(13 TEXAS DEPARTMENT Or AGRICULTURE ATTACHMENT C — APPROVED BUDGET Name of grantee City of Corpus Christi, Parke gad Recreation Department As stated in Attachment A, the Grant h based an the number of F;ligd,lc Meals served by Grantee I{hgiblc Meals are calculated by subtrar,ting the mrdls funded Ira DADS/AAA from die total numhcr of meals debvercd as reported by Grantee in a county between September 1, 2013 and August 31, 2014. The Grant is calculated an the remaining numhcr of meals. For purposes of this Grant, any meals that are not Eligible Meals are classified as Inehgible Mesh If an audit nr review of die Grant reveals that Grantee has received Grant funds based on lnebgible Meals, Grantee will be required to repay Grantor the amount of the excess Grant funds received, on terrns and conditions set by Grantor•, COMELEMELLTABLEarwmPlease estimate, to the best of your ability, how Texans Feeding Texjs Home Delivered Died Grant Program funds will be expended for our organisation dozing the grant period County Application Number Total # Meals Delivered (as repotted by Grantee) Total #Meals Funded by DADS/AAA (Ineligible) Remaining Eligible Meals Calculated GrantAmotmt Expenditure Category Personnel Food/Meals Equipment Building Occupancy Transporution Office Supplies and Services Other. Please specify exactly a. b. c. d. Nueces HDM-15-1420 136,484 104,636 31,848 549,795,82 Estimated Amount = 34.024.40 $ 15,771.42 5 S S f 1 S $ Total Grant Amount $49,795.82 During the grant year, Grantee must demonstrate that TDA grant funds were used to directly supplement or extend existing meal services to homebound persons that are elderly and/or have a disability, By signing, I certify that the information entered on this form is true and correct to the best of my knowledge Authorized official signature: Date: 4 &. Authorized Official, Title Li TDA HDM-1S-1420 Trade d Business Development - Grants Office Ifs ITIS City of Carpus Christi, Parke and Recreation Department Artachaent C' - Budget Attachment D CERTIFICATIONS AND ASSURANCES This certification is a material representation of fact upon which the '1exas Department of Agriculture (IDA) relies in determining the award of this agreement If it is later determined that die Grantee knowuigly rendered an erroneous certification, 'IDA, ui addition to any other remedies available to the state and federal governments, may take appropriate action. Grantees must complete this form before they will receive state and/or federal funds. Recipients of state and/or federal funds must fully understand and comply with these requirements. Failure to comply with applicable assurances may result in the withholding of funds, termination of the award, or other sanctions. The Grantee hereby assures and certifies compliance with all applicable federal and state statutes, regulations, policies, guidelines and requirements, including OMB Circulars No. A 21 (2 CFR Part 220), A 87 (2 CFR Part 225), A-116 (2 CFR Part 215), A-122 (2 CFR Part 230), and A 133, as applicable; Executive Order 12372; and Uniform Agreement Management Standards (UGMS) that govern the application, acceptance and use of funds for this project. Also, by signature hereon, the Grantee assures and certifies that: 1. LEGAL AUTHORITY — It possesses legal authority to cater into the agreement, including all understandings and assurances contained therein, and the person identified as the official representative of the Grantee is duly authorized b} the Grantee to act in connection with the agreement, to provide such additional information as may be required, to sign and execute the agreement on behalf of the Granter., and to validly and legally bind the Grantee to 211 of its terms, performances, and provisions. 2 CONTRACT/AGREEMENT ADMIN1S7RA170N - It will maintain an appropriate agreement administration system to ensure that all terms, conditions and specifications of the agreement, including these standard assurances, ate met 3. RELATIVES — It will comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the Grantee's governing body or of the Grantee's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by Local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. 4. PUBLIC INFORMATION — It will ensure that all information collected, assembled or maintained by the Grantee relative to a project assisted by this award will be available to the public during normal prohibited by law. business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly 5. OPEN MEET INQ _. If the Grantee is a governmental entity, it will comply with Texas Government Code, Chapter 551, which requires all regular, special or called meetings of open to the public, except as otherwise provided by law or specifically ermittendi n the to Constitution. 6. — Under Section 231.006, Texas Family Code, relating to child support obligations, the Grantee and any other individual or business entity named in this agreement, contract or application is not ineligible to receive the specified agreement, loan, grant award or payment and acknowledges that this agreement may be terrninated and payment withheld if this certification is inaccurate. TDA — Award Agreement Attachment D Certifications and Assurances !'age 1 of 4 Attachment D 7. SUSPECTED CHILD ABUSE, - It will comply with the Texas l:amtly Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services Grantee shall also ensure that all program personnel are properly trained and aware of this requirement. R. NONDISCRIMINATION — It will cnmply with all State and Federal statutes relaung to nondiscrimination, including the following: • The Civil Rights An of 1964, as amended (42 U.S.C. 2000d ei • Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) • The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et .req.) • The Age Discrimination Act of 1975 (42 U.S.C. 6101 et req.) 9. PISPLACFD PERSONS — It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions (42 U.S.C. §§ 4601 4655) which provides for fair and equitable treatment of persons displaced as a result of federal and federally -assisted programs. 10. POLITICAL ACTIVITY — It will comply with provisions of federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is to connection with an activity financed in whole or in part by federal agreements. (5 U.S.C. § 1501 et req,) 11. FAIR LABOR STANDARDS ACT — It will comply with the minimum wage and maximum hours provisions of the Federal l=air Labor Standards .Act (29 US.C. §§ 201 - 219) and the Intergovernmental Personnel Act of 1970, as applicable. 12. EPA VIOLATING FACILITIES — It will ensure that the facilities under its ownenhip, lease or supervision which shall be utilized in the accomplishment of the project are not listed in the Environmental Protection Agency's (EPA's) list of Violating Facilities, and that it will notify IDA of rhe receipt of any communication from the Director of the EPA Off.icc of Federal Activities indicating that a facility to be used in the pruject is under consideration for listing by the EPA. 13. FLOOD INSURANCE — It will comply with the flood insurance purchase requirements of Section 1020) of the Flood Disaster Protection Act (42 U.S.0 § 4001). This section requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is avulable as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that had been identified by the Secrctaiy of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" indudes any form of loan, agreement, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or agreement, or any other form of direct or indirect Federal assistance. 14. CONSERVATION — It will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.0 § 1271 e req.) related to protecting components or potential components of the national wild and scenic river sys tem. 15. HISTORIC — It will comply with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.0 § 470), Executive Order 11593, and the Archeological and Historical Preaervatian Act of 1974 (16 U.S.0 § 469 et req.) by (a) consulting with the Texas Historical Commission, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Hrstanc Places that are subject to adverse effects (see 36 CFR Put 800.8) by the activity, and notifying TDA of the existence of any such properties, and by (b) complying with all requirements established by the Texas Historical Commission or TDA to avoid or mitigate adverse effects upon such properties TDA – Award Agreement Attachment D Certifications and Assurances Page 2 of 4 Attachment D 16. ANIMAL WI:LFARII 11 will comply with the Laboratory Animal Welfare Act of 1966 (Public Law 89 544, as amended, 7 U S.0 § 2131 et uq.) pertaining to the cars, handling and treatment of warm blooded animals held fair research, teaching, nr oilier nctivities supported by this sward 17. ausemiumsolau -_. It will comply with 45 CFR Part 46 regarding the protection of human subjects involved in research, development and related activities supported by this award. 18. 'I AXFA — h wild comply with all State and Federal tax laws and is solely responsible for filing all required State and Federal tax farms. ']lie Grantee also certifies that it is not delinquent in the payment of any franchise taxes owed the Stare of Texas 19. ELIGIBILITY: FINANCIAL PAR11CIP TION — Under Texas Government Code, Section 2155.004, no person who received compensation for participating in preparing the specifications or request for proposals on which this agreement is based has any financial interest in this agreement The Grantee certifies that the individual or business entity named in this agreement, contract or applicauon is not ineligible to receive the specified agreement, loan, grant award or payment and acknowledges that this agreement may be terminated and payment withheld if this certification is inaccurate. 20 — It will comply, and assure the compliance of all its sub grantees and contractors, with all applicable requirements imposed by federal and state laws, executive orders, regulations, policies, program requirements and other administrative requirements governing this Program• 21. WORIJTLACE GUIDELINES — It will adopt and implement applicable provisions of the model HIV/AIDS workplace guidelines of the Texas Department of Health, as required by the Texas Health and Safety Code, Sec. 85.001 ei ieq. 22. CONFLICT Of INTEREST — It will establish safeguard% to prohibit employees from using their positions for a putpnsc that is, or gives the appearance of, being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. 23. LOBBYING — No funds provided under this agreement has been or will be used to pay any person for influencing, attempting to influence, or communicating with a member of the legislative or executive branches of state government (which includes a member -elect, a candidate for, an officer, an officer elect, or an employee of the legislature or legislative committee or any state agency, department, or office in the executive branch), a Member of Congress, an officer or employee of Congress or a federal agency, or an employee of a Member of Congress in connection with any legislation, administrative action, the awarding or making of any state or federal contract, agreement, or loan, the entering Into of any cooperative agreement, and the extension, renewal, amendment nr modification of any state or federal contract, agreement, loan or cuoperative agreement. Also, the Grantee will require that the language of this certification be included in the award documents for all sub -awards at all tiers and that all sub -recipients shall certify accordingly. 24. WU2CUIIVE-4EAD — Under Section 669.003, Texas Government Code, the Grantee certifies that no person who, in the last fnur years, served as an executive of TDA or any other state agency was involved with or has any interest in the grant application or proposal or this agreement. If the Grantee employs or has used the services of a former executive head of TDA or any other state agency, then the Grantee will provide the following information to TDA: name of former executive; name of state agency; date of separation from the state agency; position with the Grantee; and date of employment with the Grantee. 25. FELONY — Sections 2155.006 and 2261.053, Texas Government Code, prohibit TDA from awarding a contract to any person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for I•lurrieane Rita, Hurricane Katrina, or TDA Award Agreement Attachment R Certifications and Asswwes patio 3 of Attachment D any other disaster occurring after September 24, 21105. The Grantee certifies that the individual or business entity named in this agreement, contract or application is not ineligible to receive the specified agreement, loan, grant award or payment and acknowledges that the agreement may be terminated and payment withheld if this certification is inaccurate. 26. DRUG-FREE WORKPLACE -- It will maintain a drug-free work environment and comply with applicable provisions of the Drug -Free Work Place Act of 1988 (Public Law 100-690, title V, 4 5155, Nov, 18, 1988, 102 Stat. 4307) and 41 U.S.C. 8101 et reg. 27. AUDIT— If the Grantee currently expends combined federal funding of 5500,000 or more >n a year, the Grantee will submit an annual single audit by an independent auditor made in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507) and revised OMB Circular A-133, "Audits nf States, Local Governments, and Non -Profit Organizations." 1f the Grantee currently expends combined federal funding of less than 5500,000 in a year, the Grantee is exempt (ram the Single Audit Act and cannot charge audit costs to a 'IDA agreement. The Grantee understands, however, that TDA may require a limited scope audit as defined in OMB Circular A-133. 78• DEBARMENT— TDA is federally mandated to adhere to the directions provided in the President's Executive Order 13224, Executive Order on Terrorist Financing - Blocking Prnperty and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's System For Award Management (SAM), https://www.sam,gov, which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. The Grantee certifies that the Grantee and its principals are eligible to participate in this agreement and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and the Grantee is in compliance with the State of Texas statutes and rules relating to procurement and that Grantee is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal pmcurement are listed at https:I/www,sam.gov. Signature nf Authorized Offi 61aae T&'!34 /-Gaya Z7ktifr viiee/ic kdiN0 }Fadiiidc of Au orjzgl fila t 1`�. T L.}%ZJff g �/7 i jft PCL✓'6 Lirit( PeG✓CcZ 74c+A LL"/1T1 1 Cr71a� tolnlntu)i r SGV✓lie Di Yt5i0/7 Grantee Organization r / 2r /S- Date jDate TDA Award Agreement Attachment 13 Cenifcations and Assurances Page 4 of 4 AGENDA MEMORANDUM First Reading for the City Council Meeting of March 31, 2015 Second Reading for the City Council Meeting of April 14, 2015 DATE: TO: March 4, 2015 Ronald L. Olson, City Manager FROM: Stacie Talbert Anaya, Acting Director StacieT@cctexas.com 361-826-3460 Amendment to GLO grant for Oso Bay Wetland Preserve habitat restoration CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $3,000 grant awarded by the Texas General Land Office Coastal Management Program for the Oso Bay Wetland Preserve Habitat Restoration project; appropriating the $3,000 grant in the No. 1067 Parks and Recreation Grants Fund for the Oso Bay Wetland Preserve Habitat Restoration project. PURPOSE: Approve additional funding from the General Land Office for the Coastal Management Program Project at Oso Bay Wetland Preserve for habitat restoration. BACKGROUND AND FINDINGS: A Coastal Management Program project grant agreement for $100,000 with the General Land Office for habitat restoration at the Oso Bay Wetland Preserve was approved by City Council in December 2011. The General Land Office is extending an additional $3,000 in project funding to reimburse the City of Corpus Christi for additional habitat restoration activities. With this amendment, the total funding received from the General Land Office for the Oso Bay Wetland Preserve for this project will be $103,000. The City of Corpus Christi provided a $49,666 match and the Coastal Bend Bays and Estuaries provided $20,000 in matching funds. ALTERNATIVES: Do not accept the grant amendment. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Not applicable. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Accounting, Budget FINANCIAL IMPACT: ❑ Operating X Revenue X Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $100,000.00 $100,000.00 Encumbered / Expended Amount 99,080.00 99,080.00 This item 3,000.00 3,000.00 BALANCE 3,920.00 3,920.00 Fund(s): Parks & Recreation Grant Fund 1067 Comments: RECOMMENDATION: Staff recommends approval as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant Agreement Amendment Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $3,000 grant awarded by the Texas General Land Office Coastal Management Program for the Oso Bay Wetland Preserve Habitat Restoration project; appropriating the $3,000 grant in the No. 1067 Parks and Recreation Grants Fund for the Oso Bay Wetland Preserve Habitat Restoration project. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a $3,000 grant awarded by the Texas General Land Office Coastal Management Program for the Oso Bay Wetland Preserve Habitat Restoration project. SECTION 2. That the $3,000 grant is appropriated in the No. 1067 Parks and Recreation Grants Fund for the Oso Bay Wetland Preserve Habitat Restoration project. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill 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 , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Brian Rojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor DonnSign Envelope ID: 73687FFE-B39E-424E-9F5C-3D4CB28059E3 SUBRECIPIENT GRANT AGREEMENT GLO CONTRACT No. 12-146-000-4836 AIHENDMENT No. 3 STATE OF TEXAS COUNTY OF TRAVIS The GENERAL LAND OFFICE (the "GLO") and the CITY OF CORPUS CHRISTI, TEXAS ("Subrecipient"), each a "Party" and collectively, the "Parties," Parties to that certain Texas Coastal Management Program ("CMP") Cycle 16 Subreeipient Grant Agreement effective December 22, 2011, and denominated GLO Contract No. 12-146-000-4836 ("Contract"), as amended, now desire to further amend the Contract. WHEREAS, the Parties desire to revise the Contract to reflect additional funding far the Project and to incorporate the final, actual budget for the Project; NOW, THEREFORE, the Parties hereby agree to amend and modify the Contract as follows: 1. SECTION 2.01 of the Contract, CMP GRANT AWARD is hereby amended to reflect the addition of THREE THOUSAND DOLLARS ($3,000.00), in Subrecipient funds, for a total amount not to exceed ONE HUNDRED SIXTY-NINE THOUSAND SIX HUNDRED -SIXTY DOLLARS ($169,666.00) for the duration of the Contract. 2, SECTION 2.02 of the Contract, PROJECT AND WORK PLAN, is hereby amended and modified by replacing all prior Work Plans and Budgets with the Final Work Plan and Budget attached hereto and incorporated herein for all purposes in their. entirety as ATTACHMENT A-1. 3. This Amendment No. 3 shrill be effective as of September 30, 2014. 4. Except as amended and modified by this Amendment No. 3, all terms and conditions of the Contract, as amended, shall remain in full force and effect. SIGNATURE PAGE FOLLOWS GLO Contract No, 12-146-N0-4836 Amendment No. 3 Page 1 of 1 bocuSign Envelope DI SIGNATURE PAGE FOR AMENDMENT No.3 TO GLO CONTRACT No. 12-146-000-4836 GENERAL LAND OFFICE CITY OF CORPUS CHRISTI, TCAs Larry L. Laine, Chief Clerk/ By: Deputy Land Commissioner Title: Date of execution: LEGAL SA rNr Deputy AGC FC? - GC Date of execution: ATTACHMENT TO THIS AMENDMENT No. 3: ATTACHMENT A-1 —Final -Work Plan and Budget ATTACHMENT FOLLOWS DocuSrgn Envelope ID: 735B7FFE-B39E-424E-9F5C-3D4CB2B059E3 Attachment A - Work Plan and Budget Attachment A-1 GLO Contract No. 12446-000-4836 Amendment No. 3 Pagel of 3 Contract Number: 12-146-000.4836 Project Name: Habitat Restoration at the Oso Bay Wetlands Preserve — Phase 1 Entity: City of Corpus Christi Project Description: The City of Corpus Christi requests a $100,000 grant from the Coastal Management Program (CMP) to begin restoration activities at the City's new 162 -acre Oso Bay Wetlands Preserve, Acquisition of the preserve was partially funded by a CMP Cycle 14 grant, The City has committed approximately $4 million to acquiring the property and developing it into a publicly accessible nature preserve with over 8,900 linear feet of nature trails, wildlife viewing stations and interpretive signs, The project fulfills several CMP goals and priorities including the restoration of Coastal Natural Resource Areas and protection of "other adjacent coastal resources that have significant conservation, recreational, ecological...values." The restoration project is taking place in a part of the City that is rapidly developing. The restored property will provide a biologically diverse refuge in the midst of the new development. Developing, implementing and monitoring a restoration strategy for the ecologically diverse 162 acre site is a large and complex task, The project will be implemented in stages over several years. This proposal seeks funding for Phase 1 of the project that will include: 1) the development of a restoration and monitoring plan; 2) commencing the implementation of the first year of on -the -ground restoration activities; and 3) the design and implementation of a public outreach/education program to interpret the restoration effort. The wetlands preserve is an undeveloped, recently -acquired city park bordering Oso Bay, Much of the property was used as pasture. However, significant natural features remain. The property falls within the Gulf Prairie and Marshes Ecosystem, and contains classic examples of coastal prairie, Tamaulipan thorn/scrub, mesquite mottes, high marsh (gulf cordgrass), vegetative coastal marsh (glasswort and saltwort), and intertidal sand flats. Restoration and adaptive management is needed to monitor nonnative invasive species (overgrowth of mesquite and Brazilian peppertree), eliminate nonnative grasses, and incorporate the removal of nonttative species as part of the overall maintenance policy ,of the park. Efforts will be made to increase biological diversity by reintroducing plant species eliminated from the property due to its conversion to pasture. The restoration plan will evaluate whether to convert a stormwater drainage that crosses the property into wetlands to filter nutrients and other pollutants such as floatable trash. Construction of detention ponds would take place in later project phases. CMP funds will be used to develop a restoration plan and lay the groundwork for a monitoring strategy. This work will entail establishing a community advisory committee, including representatives from natural resource agencies, to guide plan development, implementation, and public outreach, The plan will be designed to be executed over a five-year period, thus allowing. the City to implement and fund the project incrementally, while also providing the opportunity DocuSign Envelope ID: 735B7FFE-839E-424E-9F5C-3D4CB2B059E3 Attachment A-1 GLO Contract No. 12-146-000-4836 Amendment No. 3 Page 2 of for adaptive management as restoration proceeds. The City will use contractors to perform most of the restoration work. Additionally, as part of its outreach/education effort, the City will conduct two on -the -ground restoration events, one event for the public and one event for City staff. Groups like the Audubon Society and USDA Plant Materials Center will provide volunteer labor and plants, while the City provides supplies, equipment, and volunteer coordination for the events. The Coastal Bend Bays & Estuaries Program is providing $20,000 in third party match, Costs for this type of complex restoration are hard to determine, ranging from $1,000 to $10,000 depending on the habitat mix; the severity of invasive species, and the habitat diversity desired, The City anticipates fully restoring at least 10 acres and preparing an additional 20 acres for future restoration. Project Budget: Salaries Fringe Travel Supplies Equipment Contractual Other Subtotal: Indirect Total: CMP $20,368,80 $0.00 $0.00 $0.00 $0.00 $79,631.20 $0,00 $100,000.00 $0.00 $100,000.00 Subrecipient $11,371.20 $0.00 $0,00 $0.00 $0,00 $38,294.80 $0,00 $49,666.00 $0.00 $49,666.00 Third Party $0.00 $0.00 $0.00 $0.00 $0.00 $20,000,00 $0.00 $20,000,00 $0.00 $20,000.00 Project Totals 831,740.00 $0.00 $0,00 80.00/ $0.00 $137,926.00 $0.00 $169,666,00 $0.00 8169,666.00 Special Award Conditions: 1. This project must be completed as described in this work plan. 2. The GLO and/or NOAA must approve any changes in the scope of work or budget requests that change the total project cost. 3. In the event that -the GLO and NOAA determine that the project or property is no longer used for its original purpose, the recipient shall reimburse NOAA for the federal funds received for the project. 4, -CMP and NOAA logos, including appropriate acknowledgment statement, .................. must be printed on education/outreach materials, signs, and final reports and/or publications. Task 1 Description: Develop a Habitat Restoration and Monitoring Plan with the support of a local advisory committee comprised of local stakeholders, and state and federal natural resource agency personnel. Deliverable(s)/Milestone(s): 1, Form stakeholder advisory group, review project goals, initial input, August 31, 2012; 2. Develop draft plan for presentation to stakeholder group, March 31, 2013; and 3. Final plan based on input from stakeholder group, June 15, 2013, oocuS€gn Envelope ID: 735B7FFE-839E-424E-9F5C-3D4C13213059E3 Deliverable Duc Date(s): 6/15/2013 Attachment A-1 GLO Contract No. 12-146-000-4836 Amendment No. 3 Page 3 of 3 Task 2 Description: Undertake Restoration Activities identified in the first-year implementation of the Restoration and Monitoring Plan, The majority of the restoration activities will be performed through contractual arrangements by subcontractors. A portion of the restoration effort will be undertaken by volunteers under the direction and with the assistance of City staff. The involvement of the public in these volunteer projects is critical to the education effort and the long term maintenance of the project. Due to the limits imposed by the growing season, the City anticipates that limited restoration activities will take place in late winter 2.013 and then again in early fall 2014. The City anticipates scheduling two volunteer restoration events over the course of the project, one for the public and one for City staff Deliverable(s)/Milestone(s): 1. Contractor to perform restoration activities, through August 2014; and 2. City and Volunteers to Perform Restoration Activities (Volunteer Days), through August 2014. Deliverable Due Date(s): 9/30/2014 Task 3 Description: Develop and implement a public education and outreach strategy, including on-site interpretation of ongoing restoration efforts, press releases, presentation at the Coastal Bend Bays Foundation Coastal Issues Forums, and other public venues. The City will use the stakeholder group for guidance in developing the education/outreach plan. City staff will be responsible for implementation of the education/outreach plan with the opening of the Learning Center in Spring 2015. Deliverable(s)/Milestone(s): 1. Discuss/get input on education/outreach goals at stakeholder meeting, August 2012; 2. Draft education outreach strategy presented to stakeholders, January 2014; 1 Final education/outreach strategy, March 2014; and 4. Implement education and outreach efforts - throughout project life, June 2014. Deliverable Due Date(s): 9/30/2014 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of March 31, 2015 Second Reading Ordinance for the City Council Meeting of April 14, 2015 DATE: 3/2/2015 TO: Ronald L. Olson, City Manager FROM: Stacie Talbert Anaya, Acting Director Parks and Recreation Department StacieT@cctexas.com, 361-826-3460 Senior Companion Program (SCP) grant award for FY14-15 CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $5,756 grant awarded by the Corporation for National and Community Service and appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program; transferring $76,903 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grants Fund as City matching funds for the Senior Companion Program and appropriating the $76,903 in the No. 1067 Parks and Recreation Grant fund. PURPOSE: Appropriation of grant funding and City match is to allow for the continuation of the Senior Companion Program (SCP) BACKGROUND AND FINDINGS: The City receives grant funding for the Senior Companion Program through Federal and State and local grants and matching funds from the General Fund that must be appropriated each year. This award is year two of a three year contract with the corporation for National and Community Service in the amount of $5,756. The Senior Companion Program (SCP) assists low-income volunteers 55 years and over who are willing to serve as companions to homebound elderly and/or disabled persons 55 years of age or older. ALTERNATIVES: Reject the grant award and discontinue the Senior Companion Program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate Federal/State grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $ 156,076 $ 156,076 Encumbered / Expended Amount This item (transfer) (79,173) (79,173) This item (grant) 5,676 5,676 BALANCE $ 82,579 $ 82,579 Fund(s): General Fund; Parks and Recreation Grant Fund Comments: State grant for 2014-2015 RECOMMENDATION: Staff recommends acceptance of the grant. LIST OF SUPPORTING DOCUMENTS: Ordinance Notification of Funds Available Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $5,756 grant awarded by the Corporation for National and Community Service and appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program; transferring $76,903 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grants Fund as City matching funds for the Senior Companion Program and appropriating the $76,903 in the No. 1067 Parks and Recreation Grant fund. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a $5,756 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. SECTION 2. That the $5,756 grant is appropriated in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program. SECTION 3. That $76,903 is transferred from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grants Fund as City matching funds for the Senior Companion Program. SECTION 4. That $76,903 is appropriated in the No. 1067 Parks and Recreation Grant Fund. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Chad Magill 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 , , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Brian Rojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Notice of Grant Award Senior Companion Program For Official Use Only Corporation for National and Community Service 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 Grantee City of Corpus Christi EIN: 746000574 1201 Leopard St PO Box 9277 Corpus Christi TX 78401-2120 Award Information Agreement No.: 13SZWTX002 Project Period: 09/06/2013 - 08/31/2015 Amendment No.: 3 Budget Period: 09/01/2014 - 08/31/2015 CFDA No.: 94.016 Grant Year: 2 Award Description award funds Purpose The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic Volunteer Service Act of 1973, as amended (42 U.S.C., Chapter 22) using money appropriated by the State of Texas. Funding Information Year 2 Previously This Award/ Total Current Awarded Amendment Year This Year Total Obligated by CNCS $0 $5,756 $5,756 Grantee's Unobligated Balance (Carryover) $0 $0 $0 Total Available $0 $5,756 $5,756 Cumulative Funding for Project Period Total Awarded in Previous Amendments Total CNCS Funds Awarded to Date $5,756 $11,512 Funding Source and Amount 2015 --OPE 1 -Q52 -OPO -22413-4101 $5,756.00 Special Conditions Costs allowed under this grant are limited to those categories contained in signed application package dated 9/23/14. By accepting these funds, your organization agrees and accepts that: 1)You will make the final financial status report available for review by the Corporation for National and Community Service within 60 days of the end of each Texas Fiscal Year covered by this Agreement. The Texas Fiscal Year is from September 1 to August 31. 2)The State of Texas auditor, under the direction of the Legislative Audit Committee, has the authority to conduct an audit or investigation in connection with these funds; and 3)Under the direction of the Legislative Audit Committee, a project that is the subject of an audit or investigation by the State of Texas auditor must provide the auditor with access to any information the auditor considers relevant to the investigation or audit. Page 1 For Official Use Only For Official Use Only Notice of Grant Award Senior Companion Program 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 Grantee City of Corpus Christi EIN: 746000574 1201 Leopard St PO Box 9277 Corpus Christi TX 78401-2120 The grantee shall be entitled to reimbursement for costs incurred on or after September 1, 2014 which if incurred before the signature date of this award, would have been reimbursed under the terms of this grant. Terms of Acceptance: By accepting funds under this grant, the Grantee agrees to comply with all terms and conditions of the grant that are on the Corporation's website at http://egrants.cns.gov/termsandconditions/FGPSCPTandC_Revised20131204.pdf, all assurances and certifications made in the Grant application, and all applicable federal statutes, regulations and guidelines. The Grantee agrees to administer the funded Program in accordance with the approved Grant application and budget(s), supporting documents, and other representations made in support of the approved Grant application. Corporation for National and Community Service: 12/09/2014 Signature Date Keisa Thompson Name (typed) Senior Grants Officer Title Keisa Thompson, 215-964-6334 Grants Official Benjamin Alamprese, 512-391-2944 Program Official Page 2 For Official Use Only AGENDA MEMORANDUM First Reading Item for the City Council Meeting March 31, 2015 Second Reading Item for the City Council Meeting April 14, 2015 DATE: TO: March 10, 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 Ordinance — Amending Transportation Advisory Board to Transportation Advisory Commission and its Organization and Powers and Duties CAPTION: Ordinance Amending Chapter 2, ARTICLE IV, Division 9. TRANSPORTATION ADVISORY BOARD of the Corpus Christi Code in its entirety; providing for severance; and providing an effective date. PURPOSE: The purpose of this item is to comprehensively update the Transportation Advisory Board as Transportation Advisory Commission with appropriate organization and powers and duties to address City transportation issues. BACKGROUND AND FINDINGS: The Transportation Advisory Board, also informally known as Transportation Advisory Committee (TAC), was last updated by Ordinance in 1983. Since then, TAC has advised City Council on a myriad of transportation issues. In recent times, TAC has been involved in more complex matters, including Mobility CC, Bond Program street projects, Texas Department of Transportation (TxDOT) highway projects, Corpus Christi Regional Transportation Authority (RTA) transit projects and the Corpus Christi Metropolitan Planning Organization (CCMPO) planning studies, including a comprehensive revision of the Bicycle and Pedestrian Plan. The update will better define the powers and duties of the Transportation Advisory Commission to effectively advise City Council on transportation issues. The name change to Transportation Advisory Commission is in line with the other changes to the Ordinance. TAC was originally created as a committee of the City Council to review transportation issues and make recommendations and provide reports. It has transitioned into more of an acting body in that they not only advise City Council but also City staff and the Planning Commission. TAC also sets its own agenda items that it needs to address and performs outreach to other organizations such as the Corpus Christi Metropolitan Planning Organization (CCMPO) and Texas A&M University Corpus Christi (TAMUCC). Two standing subcommittees report to TAC. The designation of "Commission" is appropriate with the Ordinance. Substantial changes in this amendment include City Traffic Engineer serves as Secretary; its purpose relates to mobility, access management, and traffic safety; make recommendations related to the Capital Improvements Program; monitor and evaluate City's mobility related master plans; review traffic safety reports; and address access management and traffic impact analysis in Unified Development Code. At TAC December 22, 2014 meeting, the TAC recommended that City Council amend the Ordinance related to Transportation Advisory Board to become Transportation Advisory Commission and about its organization and powers and duties. ALTERNATIVES: 1. Amend the Ordinance with the Transportation Advisory Board and become the Transportation Advisory Commission 2. Keep the current Ordinance with the Transportation Advisory Board (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This Item Future Anticipated Expenditures This Project BALANCE RECOMMENDATION: City Staff recommends approval of the Ordinance as proposed. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance Amending Chapter 2, ARTICLE IV, Division 9. TRANSPORTATION ADVISORY BOARD of the Corpus Christi Code in its entirety; providing for severance; and providing an effective date BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. Chapter 2, Article IV, Division 9. TRANSPORTATION ADVISORY BOARD of the Corpus Christi Code is hereby amended in its entirety to read as follows: "Division 9. TRANSPORTATION ADVISORY COMMISSION Sec. 2-120. Purpose and Intent The purpose of the Transportation Advisory Commission is to be responsible for public advisory jurisdiction on issues related to mobility, access management, and traffic safety in the City of Corpus Christi; promote a multi -modal transportation system, advise on the most appropriate use of transportation resources consistent with the public interest, and act in an advisory manner to the City Council and City Manager, or designee, in the coordination of transportation activities of the official agencies and departments of the city. Sec. 2-121. Organization of Transportation Advisory Commission A Transportation Advisory Commission is hereby established which shall consist of nine (9) residents of the City. The members of the Transportation Advisory Commission shall be appointed by the City Council for three-year staggered terms. Any vacancy shall be filled for the unexpired term. 1. Officers. The Transportation Advisory Commission shall elect, by majority vote, a chair and vice chair from among its membership each year at the first regular meeting following the annual appointment of three new members in May. The City Traffic Engineer or his/her designated representative shall act as the secretary of the Transportation Advisory Commission. 2. Quorum. Five (5) council -appointed members shall constitute a quorum. 3. Staff Responsibilities. The City Traffic Engineer or designee shall send all notices for meetings of the Transportation Advisory Commission, keep and preserve minutes, have custody and keep all documents and papers filed with the Transportation Advisory Commission, and advise and consult with the City officials as to the Transportation Advisory Commission's work and recommendations, assist the Transportation Advisory Commission in planning and coordinating its programs, maintain liaison with organized community groups and others effectively situated to carry forward all plans and policies of the Transportation Advisory Commission and all transportation -related action which may be approved by the Transportation Advisory Commission, and perform such other duties as may be of assistance to said Transportation Advisory Commission, consistent with the primary obligations of the City Traffic Engineer to the City management. 4. Ex -officio members. The Transportation Advisory Commission is hereby authorized to appoint as ex -officio members without voting privileges, any additional members. The presence of ex -officio members shall never be considered in determining a quorum for the transaction of Transportation Advisory Commission business. 5. Committees. The chair, with the approval of the Transportation Advisory Commission, may establish such committees as may be necessary or appropriate to assist the Transportation Advisory Commission in its studies and in the performance of its duties. Members of such committees may be appointed from among members of the Transportation Advisory Commission or from among the general public, but the chair shall designate voting members of the Transportation Advisory Commission to serve as chair of each committee. Any committee appointed by the Transportation Advisory Commission to study, investigate, advise or consult with them on any issue shall never be authorized or deemed cloaked with authority to divulge progress results or findings of such study, investigation, advice or consultation to the press or to the public and any statement so made by such committee shall not constitute official statements or positions of the Transportation Advisory Commission. Sec. 2-122. Powers and duties of Transportation Advisory Commission The Transportation Advisory Commission shall: 1. Provide a public forum for the discussion of proposed ordinances or actions relating to traffic operations and transportation planning matters. Advise the City Council and City Manager or designee on traffic regulations and Chapter 53 - TRAFFIC of the Corpus Christi Municipal Code. 2. Conduct any required public hearing for the purposes of obtaining federal and state financial assistance for proposed transportation improvement projects. The substance of any comments and review by the Transportation Advisory Commission will be summarized for City Council. 3. Independently review grant applications for transportation improvement projects. 4. Promote public knowledge of traffic enforcement and understanding of City transportation issues. 5. Promote public acceptance of transportation programs that are proposed or initiated by the City and provide advice on regional transportation issues. 6. Provide recommendations on mobility, access management, and traffic safety issues for the City's multi -modal transportation system. 7. Provide recommendations on transportation aspects of the City's Capital Improvement Program. 8. Monitor the implementation and evaluate the City's mobility related master plans. Submit annual reports to the Planning Commission and City Council. 9. Independently review traffic safety reports for City streets and provide recommendations for traffic safety improvements. Research, develop, analyze, evaluate, and implement coordinated traffic safety and transportation programs which meet local needs. 10. Independently review the decisions, orders, and warrants of the City Traffic Engineer concerning installation of traffic control devices, establishment of traffic regulations and hear citizen comments concerning these matters. 11.Act on access management issues in the City's Unified Development Code and make recommendations on traffic impact analysis as per Unified Development Code to Planning Commission and City Council. Secs. 2-123-2-124. – Reserved." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. This ordinance takes effect immediately. 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 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 , 2015, 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 , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance Amending Transportation Advisory Board Council Presentation March 31, 2015 Amendment Scope • The Transportation Advisory Board, also informally known as Transportation Advisory Committee (TAC), was last updated by Ordinance in 1983. • TAC has advised City Council on a myriad of transportation issues: Mobility CC, Bond Program street projects, Texas Department of Transportation (TxDOT) highway projects, Corpus Christi Regional Transportation Authority (CCRTA) transit projects and the Corpus Christi Metropolitan Planning Organization (CCMPO) planning studies, including a comprehensive revision of the Bicycle and Pedestrian Plan. • The update will better define the powers and duties of the Transportation Advisory Commission to effectively advise City Council on transportation issues. • At the TAC December 22, 2014 meeting, the TAC recommended that City Council amend the Ordinance related to Transportation Advisory Board becoming Transportation Advisory Commission. Amendment Highlights Summary Ordinance Modifications Proposed Changes (new) 1 Change 2 Addition 3 Addition 4 Addition 5 Addition Change name to Transportation Advisory Commission Appoint ex -officio members Cover traffic operations and transportation planning Cover mobility, access management and traffic safety Recommend transportation aspects of Capital Improvement Program 6 Addition Monitor mobility -related master plans 7 Addition Address access management and traffic impact analysis in UDC 3 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 31, 2015 Action Item for the City Council Meeting of April 14, 2015 DATE: TO: FROM: March 18, 2015 Ronald L. Olson, City Manager Fred A. Segundo, Director of Aviation FredS@cctexas.com 289-0171 ext.1213 Appropriating $33,250 from the Federal Aviation Administration Grant No. 3-48-0051-048- 2011 in the No. 3020 Airport Capital Improvement Fund to upgrade security and perimeter road systems at Corpus Christi International Airport. CAPTION: Ordinance appropriating $33,250 from Federal Aviation Administration Grant No. 3-48-0051-048- 2011 Amendment No. 3 in the No. 3020 Airport Capital Improvement Fund to upgrade security and perimeter road systems at Corpus Christi International Airport; and changing the FY2014- 2015 Capital Budget adopted by Ordinance No. 030303 by increasing both revenues and expenditures by $33,250. PURPOSE: The Federal Aviation Administration (FAA) funds major capital improvements at Corpus Christi International Airport (CCIA) through its Airport Improvement Program (AIP) grants. The FAA previously offered Grant 48 in the amount of $3,405,113 to the City of Corpus Christi to fund upgrades to security and perimeter road systems. The project scope includes placing a portion of the fiber optic infrastructure around the airport perimeter road, three automatic rolling gates, access control readers and various surveillance cameras were installed to enhance airport security. BACKGROUND AND FINDINGS: During the construction phase, additional opportunities for enhanced automatic gate and access control improvements were identified. The additional improvements were presented to the FAA Program Manager and approved for additional funding by way of a $33,250 amendment to Grant 48. ALTERNATIVES: The only alternative would be for the additional project costs to be funded entirely from Airport funds or foregoing the additional improvements. Airport staff is of the opinion that improvements provide a substantial benefit to the security of the perimeter fence. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The project is consistent with Airport Master Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Finance Management and Budget FINANCIAL IMPACT: ❑Operating ❑Revenue ®Capital ❑Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $3,405,113 $0 0 $3,405,113 Encumbered / Expended Amount $0 $0 0 $0 This item 0 $33,250 0 $33,250 BALANCE $3,405,113 $33,250 0 $3,438,363 Fund: 3020 Airport CIP Fund Grants RECOMMENDATION: Staff recommends approval of the Ordinance LIST OF SUPPORTING DOCUMENTS: Ordinance FAA Grant 48 Amendment Ordinance appropriating $33,250 from Federal Aviation Administra- tion Grant No. 3-48-0051-048-2011 Amendment No. 3 in the No. 3020 Airport Capital Improvement Fund to upgrade security and perimeter road systems at Corpus Christi International Airport; and changing the FY2014-2015 Capital Budget adopted by Ordinance No. 030303 by increasing both revenues and expenditures by $33,250. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. Funds in the amount of $33,250 from Federal Aviation Administration Grant No. 3-48-0051-048-2011 Amendment No. 3 are appropriated in the No. 3020 Airport Capital Improvement Fund to upgrade security and perimeter road systems at Corpus Christi International Airport. Section 2. The FY 2014-2015 Capital Budget adopted by Ordinance No. 030303 is changed by increasing both revenues and expenditures by $33,250. 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 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: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor �v U.S. Department of Transportation Federal Aviation Administration March 16, 2015 Federal Aviation Administration Southwest Region, Airports Division, Texas Airports Development Office Mr. Fred Segundo Airport Director Corpus Christi International Airport 1000 International Blvd. Corpus Christi. Texas 78406 Dear Mr. Segundo: Fort Worth, Texas 76193-0650 This is in response to your letter of March 12, 2015 requesting an amendment to the Grant Agreement for AIP Project No. 3-48-0051-048-2011 at Corpus Christi International Airport, Texas. In accordance with Grant Special Condition No. 16 which states in part: "It is mutually understood and agreed that ... if there is an overrun in the eligible project costs, FAA may increase the grant to cover the amount of overrun not to exceed the statutory fifteen (15%) percent limitation and will advise the sponsor by letter of the increase. Upon issuance of either of the aforementioned letters. the maximum obligation of the United States is adjusted to the amount specified." This Grant Agreement. accepted on September 13. 2011 is hereby amended by this Amendment No.3 by increasing the amount set forth on Page 2 of the Grant Agreement from 53,405,113.00 to 53.438, 363.00. This increase in the maximum obligation is to provide for allowable 5.8 % cost overrun of 533,250.00. If you have any questions or if we can be of additional service, please contact us. Sincerely, Edward N. Agne . ana er Texas Airports Deveklopnnt Office AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of March 31, 2015 Second Reading Ordinance for the City Council Meeting of April 14, 2015 DATE: March 13, 2015 TO: Ronald L. Olson, City Manager FROM: Dan Grimsbo, Director of Development Services DanG@cctexas.com (361) 826-3595 Assignment of Trinity Towers Skywalk and Improvements Lease CAPTION: Ordinance approving the assignment of the Skywalk and Improvements Lease Agreement regarding City property interests located along Carancahua Street and Tancahua Street near Coopers Alley, from NH Texas Properties Limited Partnership to BKD Shoreline, LLC; consenting to the sublease of Trinity Towers Limited Partnership; and authorizing the City Manager or designee, to execute all documents related to the assignment and assumption agreement. PURPOSE: To approve assignment of the Skywalk and Improvements lease agreement to BKD Shoreline, LLC and consenting to sublease to Trinity Towers L.P. BACKGROUND AND FINDINGS: The lease was authorized on January 14, 1997 and expires December 18, 2056. The lease authorizes use of aerial premises and certain surface and subsurface premises which were used to construct Trinity Towers in 1997. At that time, the Trinity Towers facilities were owned by NH Texas Properties. Recently, the ownership of the facilities changed to BKD Shoreline, and the parties request approval of the assignment of the lease to the new owner and consent of a sublease to Trinity Towers Limited Partnership. ALTERNATIVES: None; this is a request for assignment due to change in property ownership. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This request conforms with City Charter provision regarding approval of assignments. EMERGENCY / NON -EMERGENCY: Non -emergency; two readings DEPARTMENTAL CLEARANCES: Development Services Legal OMB 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): (Do not list Accounting streams, use names of accounts) RECOMMENDATION: Staff recommends approval of the assignment. LIST OF SUPPORTING DOCUMENTS: Ordinance Assignment and Assumption Agreement Ordinance approving the assignment of the Skywalk and Improvements Lease Agreement regarding City property interests located along Carancahua Street and Tancahua Street near Coopers Alley, from NH Texas Properties Limited Partnership to BKD Shoreline, LLC; consenting to the sublease of Trinity Towers Limited Partnership; and authorizing the City Manager or designee, to execute all documents related to the assignment and assumption agreement. WHEREAS, the City of Corpus Christi ("City") executed a Skywalk and Improvements Lease Agreement (" the Lease Agreement") with Trinity Towers Limited Partnership to lease property as approved by Ordinance 022820 on January 14, 1997, with term continuing until December 17, 2056; WHEREAS, the Lease was assigned to NH Texas Properties L.P.; WHEREAS, NH Texas Properties, L.P. has requested the approval of the City to assign all of its right, title and interest in the Lease Agreement to BKD Shoreline, LLC and consent to the sublease to Trinity Towers Limited Partnership; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS THAT: SECTION 1. The City Council, pursuant to Article IX, Section 4, of the City Charter, and pursuant to Section 15 of the Lease Agreement, approves the assignment of the Skywalk and Improvements Lease Agreement, to BKC Shoreline, LLC. The City Council consents to the sublease to Trinity Towers Limited Partnership. Furthermore, the City Manager or his designee is authorized to execute all documents related to the assignment and assumption agreement including an estoppel certificate. A copy of the documents will be filed with the City Secretary. 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 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 , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT THIS ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT, dated as of March 2015 (the "Assignment Agreement"), by and wrong THE CITY OF CORPUS CHRISTI, TEXAS, a Texas home -rule municipal. corporation (the "Lessor"), NH Texas Properties Limited Partnership, as lessee/transferor, and END Shoreline, LLC, as. lessee/transferee; WHEREAS, the Lessor leased certain property (the "Property") to Trinity Towers Limited Partnership pursuant to a Skywalk and Improvements Lease (the "Lease") with term beginning December 18, 1997 and. ending December 17, 2056,. approved by City Council on. January 14, 1997 .in Ordinance 022820, and WHEREAS, the Lease was assigned to NH Texas Properties Limited Partnership on June 13, 1997. WHEREAS, NH Texas Properties Limited Partnership C'Lessee/Transferor") wishes to assign and BKD Shoreline, LLC wishes to acquire all of Lessee/Transferor's rights, .obligations and interests in the Lease, a copy of which is attached as Exhibit 1; WHEREAS, END Shoreline, LLC wishes to sublease the Property to Trinity Towers Limited Partnership by Sublease dated as ofthe effective date hereof, a copy of which is attached_ as Exhibit 2; and. WHEREAS, pursuant to Section 15 of the: Lease; Lessee/Transferor's interest in the Lease may not be assigned and the Property may not be subleased without the prior written consent ofthe City Council; and NOW THEREFORE, THIS ASSIGNMENT AGREEMENT WITNESSE'I11, in consideration of the premises and other good and valuable consideration, the parties do hereby agree as follows Section 1. NH Texas Properties Limited Partnership does hereby transfer and set over unto Trinity Towers Limited Partnership all right, title and interest, as lessee and otherwise, in, to and under the Lease, a copy of which is attached as. Exhibit I, to have and to hold the same unto BND Shoreline, LLC, from and air the date hereof, for the remainder of the term ofthe Lease. Section 2. BKD Shoreline, LLC, in considerattion, of the execution and delivery of this Assignment Agreement does hereby assume, effective upon the date hereof, for the benefit ofthe Lessor and NH Texas Properties Limited Partnership, from and after the date hereof, all of the terms, covenants and conditions on the part of NH Texas Properties Limited Partnership under the Lease. BKD Shoreline, LLC agrees to assume all liability for any violations of the Lease which may have occurred prior to the execution of this Assignment Agreement. Section 3. BJW. Shoreline, LLC agrees to indemn j City of Corpus Christi, Texas, NH Texas Properties Limited Partnership and their respective officers, agents, employees, (individually and collectively, "Indemnitees") and hold Tndenutitees harmless from and 867235 against any and all claims, liens, damages, demands, actions, causes .of action, liabilities, lawsuits, judgments, losses, costs and expenses (including but not limited to reasonable attorneys' fees and expenses) asserted against or incurred by Indemnitees by reason of or arising out of any failure by BKD Shoreline, LLC to perform or observe any of the obligations, covenants, terms and conditions of the Lease.. Section 4. The Lease is amended to revise contact information for the Lessee, as shown in Exhibit 1 Section 5. By The Lessor's City Manager's execution hereof, the Lessor consents to the assignment by NH Texas Properties Limited Partnership to BKD Shoreline, LLC -of all of its right, title and interestunder the, Lease and confirms the Lessor's consent to the sublease of the Property to Trinity Towers Limited Partnership. Section 6. BIND Shoreline, LLC acknowledges and agrees that Lessor hag not made, does not make and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to the Property as defined in the Lease, BKD Shoreline, LLC further acknowledges and agrees that it has been given the opportunity to inspect the Property and Lease. BKD Shoreline, LLC is relying solely on its own investigation of the Property and Lease and not on any information provided or to be provided by Lessor. Section 7, Upon execution of this Assignment Agreement by all parties hereto, NH Texas Properties Limited Partnership shall be and is hereby released from all liability under the Lease Section 8. ThisAssignment .Agreement,shall be governed by, construed and interpreted. in accordance with the laws of the State of Texas. Section 9. This .Assignment Agireementshall be binding upon and shall inure to the benefit of NH Texas Properties Limited .Partnership, BKD Shoreline, LLC and the Lessor and their respective successors and assigns. Section 10. This Assignment Agreement is effective upon the execution by the last signatory of this document. In the event that the above stated condition does not occur, this assignment and assumption is null and void and of no effect whatsoever. THIS ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT is executed in triplicate, as of the date first hereinabove written. (Signature pages follow) -2- NH TEXAS PROPERTIES LIMITED PARTNERSHIP, a Texas Iimited partnership By: MLD Texas Corporation, a Texas corporation, its general partner By: Name: PAnoman Title: MeetProsiciont STATE OF ILLINOIS, COOK COUNTY I, t�►c par`t�n.-9-4.:;,0,4"•& Notary Public of the County and State aforesaid, certify that '�-,r>-► p. ,9-•-r, ,is the �'1c rc Ac,* of MLD Texas Corporation, a Texas corporation, general partner of NH TEXAS PROPERTIES LIMITED PARTNERSHIP, a Texas limited partnership, personally appeared before me this day and acknowledged the execution of the foregoing instrument as the act and deed of said limited partnership. Witness my hand and official stamp or seal, this Zwrnday ofMarch, 2015. My commission expire: [NOTARIAL SEAL] CIELO AMINO-REMINGTON Notary OFFICIAL State of Illinois My Commission Expires -3- BIND SHORELINE, LLC, a Delaware limited liability company By: Name: .IL Todd Tao Title: Evp C STATE OF %ebul,easrt@'.., &,441At.,64 COUNTY I 'Ad . !3• t -a Notary Pula ie of the .County and State aforesaid, certify that /'odd a ; as the r , of BKD SHORELINE„ LLC, a Delaware limited liability company, personally appeared before me this day and aclmowledged the execution of the foregoing instrument as the act and deed. of said company. Witness my hand and official stamp or seal, this. ay ofMarch, 2015.. Notary Public My commission expires: [NOTARIAL SEAL ik b. 4,4 ateNoie-9G. e ,� -- THIS ASSIGNMENT AND .ASSUMPTION OF LEASE AGREEMENT is consented to as of the date first hereinabove. written. STATE OF TEXAS COUNTY OF NUECES § CITY OF CORPUS CHRISTI, TEXAS,. a: Texas home rule municipal corporation By: Name:. Title:. This instrument was acknowledged beforeme onthe day of .March, 2015 by , City Manager of the City of Corpus Christi, Texas, a Texas .home -rule municipal corporation, onbehalf of said corporation. Notary Public, State of Texas Legal form approved .on By Assistant City Attorney for the City Attorney. Exhibit 1. Lease (see attached) State of Texas County ofNueces Skywalk and Improvements Lease § This Lease is betweenthe City of Corpus Christi, aTexas home -rule municipal corporation, ("City"), acting by and through its duly authorized City Manager, or designee, ("City Manager") and Trinity Towers Limited Partnership, a Tennessee limited partnership, by its General Partner, ARC Corpus Christi, Inc., a Tennessee corporation ("Lessee"), acting by and through its duty authorized officers ("Lessee Agent"), in consideration of the mutual covenants herein. 1. PREMISES. City hereby leases to Lessee certain aerial premises and certainsurface and subsurface premises to construct an expansion of Trinity Towers on. the West side of Carancahua Street ("Building") , The aerial premises are more particularly described in the attached and incorporated Exhibits A-Skywalk, B Bullding Underpass, C-Comices, (collectively called the "Aerial Premises"), The surface and subsurface premises are more particularly described in the attached and incorporated Exhibit D ("Surface Premises") provided, however, that the Surface Premises includes only that part of the Surface Premises that is reasonably necessary for the placement of the Building and related appurtenances. The Aerial Premises and the Surface Premises are collectively referred to as the "Premises." 1 LEASE TERM. This Lease begins on December 18, 1997, and ends on, December 17, 2056, subject to prior termination. December 18 is the Anniversary Date of the Lease, 3. RENT. A. Aerial Premises Rent. Lessee must pay City $2,555 as total Aerial Rent for years 1-4 upon Lessee'sexecution of this Lease. The City Manager will calculate the next 5 years Aerial Rent based on a 10% rate of return on the Fair Market Value of the Aerial Premises and provide the calculation to Lessee 90 days prior to the Anniversary Date of the Lease each 5 years until expiration of the Lease. Lessee must then pay the 5 year amount by the Anniversary Date. City's first recalculation is due September 18, 2001 and Lessee's next 5 year payment is due December 18, 2001. B. Surface Rent. Lessee must pay City $539 as total Surface Rent for years 1-4 upon Lessee's execution of this Lease. The City Manager will calculate the next 5 years Surface Rent based on a 10% rate of return on the Fair Market Value of the Surface premises and provide the calculation to Lessee 90 days prior to the Anniversary Date of the Lease each 5 years until expiration of the Lease. Lessee must then pay the 5 year amount by the Anniversary Date. City's first recalculation is due September 18, 2001 and Lessee's next 5 year payment is due December 18, 2001. C. Rent Not Refundable. No rental paid by Lessee will be refunded if this Lease is terminated prior to its full term, 4. AERIAL PREMISES. - A. Use of Aerial Premises. City hereby grants Lessee the right to use the Aerial Premises for the construction, installation, maintenance, repair, removal, and replacement (collectively called "Construction") of (1) an enclosed structure that will connect theTrinity Tower facilities on the East side of Carancahua Street with the Trinity Tower facilities to be constructed on the West side of Carancahua Street ("Skywalk"), (2) two building areas - ane over a storm sewer easement (1,545 s.f.) and one over a utility easement (874 s.f.) to be conastructed on the West side of Carancahua Street ("Building Underpass"), and (3) two building cornice overhangs - one on Carancahua Street A096W30,01:19 ay,Ise Page 2 of 16 (33 s.f.) and one on Tancahua Street (157 s.f.) ("Cornices") and collectively called ("Structures"). Lessee's Construction of the Structures must comply with applicable ordinances of the City of Corpus Christi. A detailed architectural plan of the Structures together with a drawing of the Structures exterior, including without limitation the Skywalk, is attached and incorporated on sheets C-4 and C-5 as Exhibit C. Lessee will make no substantial change in the architectural plan or the exterior appearance of the Structures, as they appear in Exhibit C without the prior writtenconsent of City Manager, which consent will not be unreasonably withheld. B. Use adjacent to Aerial Premises. City hereby grants Lessee the right to use so much of the premises below, above, and adjacent to the Aerial Premises ("Surrounding Premises") as is reasonably necessary to construct, install, repair, remove, and replace the Structures and Building; provided, however, that Lessee's use of the Surrounding Premises complies with applicable ordinances of the City of Corpus Christi. C. Use of Skywalk. Lessee may use the Skywalk to move pedestrians and goods between Lessee's facilities on the East side of Carancahua Street and those to be constructed on the West side of Carancahua Street adjacent to the Aerial Premises, to contain electrical power lines, and for such other purposes as are consistent with the design and plan of the Skywalk; provided, however, that Lessee must not use the Skywalk for storage or occupancy. D. Building Underpass. Lessee may use the Building Underpass to cover pedestrians and goods moving into the Building. In addition, Lessee may construct a portion of the Building over the Building Underpass to be used for occupancy, storage, electrical power, and such other purposes as are consistent with the design of the Building. AG1961930.009kskyway.Ise Page 3 of 16 E. Cornices. Lessee may construct building cornices over that area: of Carancahua Street (528 s.f.) and Tancahua Street (612 s.f.) as shown on Exhibit C. F. Maintenance. Lessee must safelymaintain theStructures and Building and regulate their use and occupancy so that the Structures or their use is not a.hazard or danger to the persons or property of the public using the street, drainage easement, or utility easement below the Structures or Building. The street, drainage easement, utility easement, and all improvements therein are collectively called "City Improvements". Further all Lessee's use and occupancy of the Structures and Building must comply with all applicable federal, state, and local laws, rules, and regulations. If Lessee's construction, use, or maintenance of any of the Structures or Building causes any damage to City Improvements, Lessee must repair or replace the City Improvements to the equivalent improvement existing prior to the damage. Lessee must submit a set of construction plans and drawings for the proposed repair or replacement of City Improvements to the Director of Engineering Services a minimum of 3 weeks prior to Lessee's intended onset of construction to repair or replace, Lessee cannot begin repair or replacement construction prior to receipt of the written approval ofthe construction plans and drawings by the Director of Engineering Services. G. Minimum Elevation of Skywalk. No part ofthe Skywalk will be constructed lower than 14.0 feet above the crown of Carancahua Street as it presently exists or is adjusted by any collateral repairs during construction of the Building. The existing minimum pavement grade of Carancahua Street is 18.09 feet above sea level. Lessee must maintain a minimum clearance of 14.0 feet above the crown of Carancahua Street at the lowest part of the Skywalk. AG1951930.0091skyway.lse Page4ofl6 H. Lighting Structures. Lessee must install, operate. and maintain lighting on and underneath the Skywalk if the City Manager determines such lighting is necessary to eliminate nighttime shadow areas caused by the Skywalk's interference with surrounding street lighting. I. Removal of City Facilities. Ifitis necessary for City to remove or relocate any City utility lines or structures in Carancahua Street or the Surface Premises to accomodate construction of the Structures or Building, Lessee must pay all City's reasonable costs within 30 days after the City Manager's written demand therefor. H. Signa. Lessee rriust not maintain or allow any sign on or within the Skywalkt that is visible from the outside of the Skywalk, unless a sign is required by law. L Entry by City. City, by its officers, agents or employees, may at all reasonable times enter the Aerial Premises to view the condition of the Structures. J. Removal of Structures. Within 180 days after termination or expiration of the Lease, Lessee must remove the Structures at its own expense, regardless of City's failure to demand removal or to give any notice, other than a notice of termination that is required by other provisions of this Lease. If Lessee fails to remove the Structures in accordance with this section, then City may remove the Structures and Lessee must pay all City's reasonable removal expenses within 30 days of the City Manager's written demand therefor. S. Surface Premises. A. Construction in Surface Premises. Lessee may use the Surface Premises only for the Construction of a 566 s.f portion of a Building footprint, drilled pier column supports, and that portion of driveways for pedestrian or vehicular traffic that are within the Surface Premises. Lessee or Lessee Agent must not construct any portion of the Building footprint lower Than 1316" above A01961930.0091slrywey.lsc Page 5 of 16 ground directly above the existing twin 6'x7' storm drainage box culverts. Lessee or Lessee Agent must not construct any drilled pier within 4 feet of any portion of theexisting twin 6'x7' storm drainage box culverts. If Lessee's construction, operation, or maintenance of the Building results in damages to the twin storm drainage box culverts Lessee must repair or replace the box culverts in the same manner as set out in Section 4. F. above. B. Compliance with City Codes. Lessee's use of the Surface Premises must comply with applicable ordinances of the City of Corpus Christi. C. Maintenance. Lessee must maintain the Building and regulate the use thereof so that the Building or the use thereof will not be a hazard or danger to the persons or property ofthe public, including without limitation City employees working on the storm sewer improvements in the drainage easement using the drainage easement below the Building. D. Relocation of Storm Sewer Improvements. It is recognized that the Building is essential to the Lessee's operations. Lessee agrees to pay for City to relocate the Storer Sewer Improvements if necessary for federally mandated improvements to the existing Storm Sewer Improvements by City; provided, however, that if City may accomplish its purpose by a design which does not iequire the relocation ofthe Storm Sewer Improvements but which is more expensive than the design which would require such relocation, Lessee may, instead of relocating the Storm Sewer Improvements, pay City the added cost of accomplishing its purpose by the more expensive design. 6. INSURANCE. A. Coverage. Lessee must obtain and keep in force during this Lease legally binding policies of insurance for claims arising out of the construction, existence, use, operation, AC719619711.OQ9lakyway.lsa Page 6 of 16 maintenance, alteration, repair, or removal of the Structures or the Building in the amounts and types of insurance set out on the attached and incorporated Exhibit E. Such policies of insurance must be issued by a company or companies of sound and adequate financial responsibility authorized to do business in the State of Texas. B. Certificates of Insurance. Lessee shall cause current certificates of such insurance to be delivered to the office of City's Director of Engineering Services. C. Named Insured. The City must be included as a named insured in the Comprehensive General Public Liability Insurance•policiy(ies). The naming of the City as an additional insured in such Comprehensive General Public Liability policies ores not make the City a partner or joint venturer with Lessee in its businesses or in connection with its construction of the Structures or the Building. The policies of insurance must be performable in Nueces County, Texas, and must be construed in accordance with the laws of the State of Texas. Furthermore, the policies of insurance must not be subject to cancellation by insurers except after delivery of written notice by certified mail to City's Director of Engineering Services at least 15 days prior to the effective date of such cancellation, and Lessee must, prior to the effective date of the cancellation, provide City's Director of Engineering Services with substitute certificates of insurance. D. Failure on the part of Lessee to procure or maintain required insurance constitutes a material breach of contract upon which the City may immediately terminate this Lease as provided in Section 12 or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, and all monies so paid by the City must be repaid by Lessee to the City within 30 days of City Manager's written demand therefor. AG96193D.D691skyway,lso Page 7 of 16 E. The amount of insurance coverage here specified as required may be subject to renegotiation each year. Should either party request renegotiation with respect to the amount of insurance coverage to be provided, the determination thereof will be established through mutual negotiation between the parties, Said negotiations must commence 3 months prior to the termination of the current insurance period. In the event a new amount has notbeen established by mutual agreement within 3 months from commencement of negotiation, said controversy will be submitted to arbitrationunder the Commercial Rule .of Arbitration of the American Arbitration Association, except: the locale for the arbitration shall be within the City of Corpus Christi; the sole issue for determination pursuant to this section by the arbitrator is the amount of insurance coverage required for the period under review; and the expenses subject to the arbitrationprocess will be borne equally by the parties. City Manager is hereby authorized to negotiate on behalf of the City. 7. INDEMNITY. Lessee covenants to indemnify and hold harmless City, its officers, employees, or agents ("Indemnitees") from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against City on account of injury or damage to person or property to the extent any such damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of Lessee or any of its agents, servants, employees, contractors, patrons, guests, licensees, sublessees, or invitees entering upon the Premises, the Structures or the Building thereon pursuant to this Lease with the expressed or implied invitation or permission of Lessee (collectively "Lessee's Invitees") or when any such injury or damage is the result, proximate or remote, of the violation by Lessee, or Lessee's Invitees of any law, ordinance, or governmental order of any kind, or when any such injury or damage may in any other way arise AG1961930.Q091skyway.irc Page 8 of 16 from or out of the Structures or the. Building located on the Premises herein or out of the use or occupancy of the Structures or Building on the Premises or the,Premises itself by Lessee, or Lessee's Invitees. Lessee further indemnifies City and.indemnitees for all damages to the Structures or the Building which may occur due to City or Indemnitees actions in constructing, operating, maintaining, repairing, or replacing Storm Sewer Improvements or Utility Improvements located within the drainage easement or utility easement which form a part of the Surface Premises, expressly including City or Indemnitees own negligence. City will continue to operate, maintain, repair, and replace the Storm Sewer Improvements and Utility Improvements located in the drainage easement and utility easement. Lessee covenants and agrees that in case City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee must defend City upon receipt of reasonable notice regarding commencement of such litigation. 8. TAXES, FEES. Lessee must pay for all taxes, licenses, and fees required to operate and maintain its various commercial facilities on the Premises. Further, Lessee must pay all taxes which its use of the Premises, Structures, and Building may cause to be assessed against t the Premises, Structures, or Building. Lessee must pay all payroll taxes and related taxes and fees incident to operation of its commercial and retail facilities on the. Premises. AG1961930.009%. kyway.lsz Page 9 of 16 9. FINANCING. City ;recognizes that Lessee may borrow funds to construct the Structures or Building, or for other purposes, securedby a first Tien on security which includes Lessee's interest in the Structures and Building and the leasehold estate in the Aerial Premises and Surface Premises. The fee simple estate of City in the surface estate burdened by Lessees leasehold estate must not be subject to such lien, and the lien instrument must contain the following language, or other similar language, approved by the City Attorney: "Lender agrees that the lien created by this instrument is effective only as to the leasehold estate of Trinity Towers Limited Partnership, acting by and through its General Partner, ARC Corpus Christi, Inc., created under that certain Skywalk and ImprovementLease e#1"eetiveDecember 18, 1997, by and between the City of Corpus "11 Christi, as Lessor, *, acting by and through its Trustee(s) as Lessee, and that this instrument does not affect the fee simple interest in the Aerial Premises or Surface Premises owned by the City of Corpus Christi." In the event of any foreclosure by any lender of a lien or liens on the Structures or Building and the leasehold estate in the Aerial Premises and Surface Premises, such lender or other purchaser at foreclosure and its successors and assigns shall succeed to all rights, privileges, and duties of Lessee, including without limitation the duty to pay rent. 10. INSPECTION. City personnel may at all reasonable tinges enter upon the Premises, including the Structures and Building, for purposes of inspection, repair, fire or police action, and enforcement of this Lease. 11. DEFAULT AND TERMINATION. IfLessee defaults in performance of any of the promises or covenants contained herein City may terminate this Lease. City will give Lessee written * NH Texas Properties Limited Partnership AOW6W3O.0O9lakyway.lse Page 10 of 16 notice, in accordance with. Section 12 herein, of the default, specifying with particularity the nature of the default, the period to cure, and if the cure is not completed during the cure period, (or if the default cannot reasonably be cured within the cure period, and Lessee does not promptly commence curing the default during the cure period and diligently prosecute the curing of the default to completion within a, reasonable time after the end of the cure.period) City may terminate this Lease. Provided, however, that the City must give Lessee a second and final; notice specifying the default with particularity and give 30 days to cure, If Lessee has neither cured nor commenced to cure (as set out in this Section) within 30 days of the City's second and final notice, then City Council may terminate this Lease at any time thereafter so long as a default continues; In the event of termination, Lessee mustremove the Si ywalk in accordance with Section The failure of City or Lessee to insist on strict performance deny of the terms, covenants, or conditions of this Lease is not a waiver of any right or remedy that City or Lessee may have, and is not a waiver of the right to require strict performance of all the terms, covenants and conditions of the Lease thereafter, or a waiver of any remedy for the subsequent breach or default of any term, covenant or condition of the Lease. 12. NOTICES AND ADDRESSES, All notices, demands, requests or replies provided for or permitted by this Lease must be in writing and may be delivered by any one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid to the addresses stated below; (3) by prepaid telegram, or (4) by deposit with an overnight express delivery service at: AG\961930,009lskyway.lse Page 11 of 16 If to City: City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Attention: Director of Engineering Services If to Lessee: Trinity Towers Limited Partnership e/o American Retirement Communities, L.P. 111 Westwood Place, Suite 402 Brentwood, Tennessee 37027 Attn: President and General Counsel with a copy to: Bass Berry & Sims PLC 2700 First American Center 25th Floor Nashville, Tennessee 37238 Attn: T. Andrew Smith Porter, Rogers, Dahlman & Gordon, P.C. 800 N. Shoreline Blvd, suite 800 Corpus Christi, Texas 78401 Attn: E.V. Bonner, Jr. MLD Texas Trust 1280 Bison, Suite B9-203 Newport Beach, California 92660 Attn: Co -Trustees and General Counsel O'MeIveny & Myers, L.L.P. 610 Newport Center Drive, Suite 1700 Newport Beach, .California 92660 Attn: Real Estate Department Chairman Noticedeposited with the United States Postal Service in the manner described above will be deemed effective 1 business day after deposit with the IL S. Postal Service. Notice by AGW6143Q,009tskyway.Ise Page 12 of 16 telegram or overnight express delivery service will be deemed effective 1 business day after transmission to the telegraph company or overnight express carrier. Notices sent to City will be addressed to the attention of its City Manager unless some other provisions of this Lease requires a particular notice to be sent to a different specified City officer, in which case the notice will be addressed to the attention df that officer, Either party's address may be changed by a party giving notice to all other parties as provided above. Post Office receipt or return receipt is conclusive proof that such notice was delivered in due course. 13. MODIFICATIONS. No changes or modifications to the Lease may be made, nor any provision waived, unless in writing signed by a person authorized to sign agreements on behalf of each party. 14. MISCELLANEOUS PROVISIONS. A. Limitation of Leasehold. City does not warrant its title to the Premises. This Lease and the rights and privileges granted Lessee in and to the Premises are subject to all covenants, conditions, restrictions, and,exceptions of record or apparent. Nothing contained in this Lease may be construed to imply the conveyance to Lessee of rights in the Premises that exceed those owned by City, B. Binding Agreement. It is further mutually understood and agreed that the covenants and agreements contained in the Lease, to be performed by the respective parties, shall be binding on the said parties, and their respective successors and assigns. C. Other City Ordinances. This Lease and the ordinance under which it is executed do not operate to repeal, rescind, modify, or amend any ordinances or resolutions of the City of Corpus AC3k961934.069kakyway.lic Page 13 of 16 Christi relating to the use or obstruction of streets, the granting of permits and any regulations relating to the preservation of order and movement of traffic, or any other ordinances, resolutions, or regulations not specifically set forth in the ordinance of which this Lease is a part. D. Compliance with laws. Lessee must comply with all applicable Federal, State, and local laws, rules, and regulations that apply to Lessee's use and occupancy of the Premises with the Structures and Building. 15. ASSIGNMENT AND SUBLEASING. Lessee may .gn this Lease to IVEFAI A 4" AFX, A ee *, a Delaware` . * may sublease this Lease to Trinity Towers Limited Partnership. All other assignments and subleases must be approved by the City Council, which consent will not be unreasonably withheld. Upon assignment, Lessee may request the City to release Lessee froni any further liability: under the Lease. City will grant the release if the assignee covenants to assume all obligations and duties of Lessee hereunder. 16. MEMORANDUM OF LEASE. The City will execute and deliver to Lessee a short form memorandum of this Lease in recordable form. Lessee shall pay all costs of preparing and recording the Memorandum of Lease, 17. INTERPRETATION. This Lease must be interpreted according to the Texas laws which govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. The headings contained herein are for convenience and reference only and are not intended to define or limit the scope of any provision. 18, ENTIRETY CLAUSE. This Lease and the exhibits incorporated and attached constitute the entire agreement between the City and Lessee for the use granted. All other *NH Texas Properties LimitedPartnership 7)1 1-fA **limited partnership ACA961930.0091skywdy,lsz Page 14of16 agreements, promises and representations with respect thereto, unless contained in this Lease, are expressly revoked, as it is the intention of the parties to provide for a complete understanding within the provisions of this document, and the exhibits incorporated and attached hereto, the terms, conditions, promises, and covenants relating to Lessee's commercial and retail operations and the Premises to be used in the conduct of said operations. The unenforceability, invalidity, or illegality of any provision of this Lease does not render the other provisions unenforceable, invalid, or illegal. Executed this /4 day of Xvivef 1 Lessor: CITY OF CORPUS CHRISTI, TEXAS By: ATTEST: AG1961930.009Nskyway,lse Hennings, City Manager APPROVED AS TO LEGAL FORM I P siXC. , 1996 JAMES R. BRAY JR; CITY ATTORNEY Alison Gallaw, ;, Assistant City Atto .....Y Lessee: Trinity Towers Limited Partnership, through ARC Co us Christi, Inc., General Partner Natfie=.5ct:6." Title; SEM r..6;tl' Page 15 of 16 0 15 30 60 '';w; 90 GRAPHIC SC'ALE 1 HOr00'30" £ u.� - LINE OF .OVERHEIN3 CONNECTOR AEIO YF.... • 30r 00'301V PFICOSmi TRNITY _TOWERS Na•20'16"E N 15.04'04" E 40.53' Cmoassindl.. COMO ARC FACILITY 4/0 MA cow dka. 112 N.r.rtkn sit-aw► essisamo COOPERS ALLEY ExhibitA TibINI TY TOWERS: mr"!lainvium:17-- camous Ci4RBT1, TX xxiliswon =rte.i".'t;•"1lot I131wasaaaaOr tL. . 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CULVERT k:EATHENT !COSTING. 24" S1HTMY ' SEWER MUMMY 5EVIER EASEMENT ?1,3905666601 INS;G uST OF CORNICE MOVE S 50.2016" W 8.34` 5 15.04'04" W 4O.E:3' (tn.citred) 11,12.4 .4 CESP COOPER'S TRINI T't' TOW i s otrp o r r}t t4) CORFI lS GHRIg7S, TX }ma mru1 Orme >Q NMh./q/?* 742.123,7;31.!14 a.... 6115 .a A* r0 nrant V$RT Exhibit B I-g 31qPIx3 c 0 4 `1: FIN. THIRD FLOC6 .. 13.-a_ye_.13_iri1•i _I i si-o4642).1G-r?-u-11. (7) 424 4-0"i, 4 1 TOPOFCONC.SLB 1 II ! j - i I I i I 1 i I I I i i 1 ii I gCfNCSUBrat—iF11 1 i -- 7 ---- 111 -'-- riiro�Tft FLOOR CO FIN. SECOND FM _ELEV. mIcr__ ,11NNW 411"1216115.1 W" I deal unalmin SeigelilW1 1ST .FLOOV4 2�3O. Ft VERTICAL PROFILE AERIPL EASEMENT FOIL 24" UNDERGROUND SAMMY SEWER 15'-0" .t. ELEVATION ALONG CAR/INCA-41A o 10 20 GRAPHIC SCALE 40 80. 111 E-g 4TgTq TOP OF COHC. SLAB EE EV_ H37.IT------- — - I t1P OF CAW. SLAB :. FLEv_gJ - -. 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MA .11611111 in n7n • Spin= C-4 - sormsow_ *mar 1 t!ES vansPoserolr— apierua CHRISTI, TX Arucsamarr oar AERIAL EASEMENT CORNICE ALONG CARANC*ILIA SIWEET /N7322ltZhIEi / ��' 2.43' ua 0 cn 0 10 20 GRAPHIC SCALE • 40., 60 2957 S72' 58'35"W 2.43' 10,075. 9,735.8 INE v F N E 1W8W1: 9.4800 U. 10.04556 9,729. 10 .047.2572 749.5459 E 9,749,3655 0" 00'00"W 13,26' 1032.5391 3,737.5332 ca I C25 9,9956633 GEIS')TRINITY TOWERS cabs CHRISTI, TXNOP --�� 2iamoerg o.ri:tneati) 4 !HA Drew aim tt2 r44rwut., SN 3-1rt-ut4 TMJ (651 366-14d.2 Fa.. !6$)366•i6AA N 10;047.: E 9,764.8 coops ALCM' ivirrawagrwirser- rilierwerareare- AERIAL EASEMENT s CORNICE ALONG TANCAl-U,4 STREET EZ`HIEII"C-5 ,trtrx IMIT ►u • LL16,C, ekl,leWorr las gzstopal rib =1,1442*, gun warns- * rim *a.arter =cr. ormwea seir, Door, 4 SKOP' SOW IFAVerr —CUIPMVPILSICI. 3240.141 VOLitaporPe. CT, wow euaNcs ritz MCC. ne.-514,0 0" 0 A $15§3,5CPCH 250.22. og 1.; HP • MAP TO A wo i ANY FELDNOTES rc A mos Aloe TRAor ,i4114 Me, A CLO SEPE Cr- A SOUR EASEkeHnSADCLf 1 615OX PatTICM CO I. I WHIM ememer •440,04E. NiAb PAGE 262 -OF VII DEM RECCIPDS ce awes wont MO% As, so IMO I le Hanstur or owis4sertiot toeimewr woosamcv ttt wuke 5I.Noe ior 1112. SAID MD 11%0101,1%, ALSO MN. PAM OF HE. POPESI4AMMO. )104!C F.1104 tOMM v'OLIM PAM5& I4APMORRO OF paa-par, coutirMiaos. FOCrOT444 b3Cr 5.14•41S5-14 40.10' til ORAFIOC SOLE UFIBA"I5246DArsocArettts ENGINEERINGi scPRAI.ALV)Aat-..50, Enlif 1) t ATTACINT B. INSURANCE RjF,,QUIREIYMENITS LESSEE'S T.TABILITY TNS131ACE A. The Lessee must not commence work under this agreetb.ent until he/she has obtained all insurance required herein and such insurance has been approved by the City. Nor may the Lesseeallow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. The Lessee .must latish to the City's Risk Manager 2 copies of Certificates of Insurance, with the City named as an additional inured for alt liability policies, and a blanket waiver of subrogation on all applicable policies showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE KINEYWM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property. Damage Commercial General Liability including; 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. , Underground Hazard 1 Products/ Completed Operations Hazard 6. Contractual Insurance 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILELIABILITY—OWNEDNON-OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS` COMPENSATION ACT AND PARAGRAPH 11 OF THIS EMBIT $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT C. In the event of accidents of any kind, the Lessee must furnish the Risk Manager with copies of alt.. reports of such accidents at the same time that the reports are forwarded to any other interested parties. Exhibit E 2 11. 20..1211112NALRESALIREMitlia A, The Lessee must obtain workers' compensation coverage through a licensed insurance company or through self-insurance obtained in accordance with Texas law, If such coverage is obtained through a licensed company, the contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. If such coverage is provided through self-insurance, then within 10 calendar days after the date the Contract Administrator requests that the Lessee sign the contract documents, the Lessee must provide the Risk Manager with a copy of its certificate of authority to self -insure its workers' compensation coverage, as well as a letter signed by the Lessee stating that the certificate of authority to self: insure remains in effect and is not subject to any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the Work by the City, such certificate ofautharity to self -insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then the Lessee must immediately provide written notice of such facts to the City, by certified mail, return receipt requested directed to City of Corpus Christi, Engineering Department, P.O. Box 9277, Corpus Christi, TX 78469-9277 - Attention: Contractor Administrator. Whether workers' compensation coverage is provided through a licensed insurance company or through self-insurance., the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. B. Certificate of Insurance: * The City of Corpus Christi must be named as an additional insured on the liability coverage, except for the Workers' Compensation coverage and a blanket waiver of subrogation on all applicable policies. * If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". The name of the project must be listed under "Description of Operations" At a.mininzum, a 30 -day written notice of change or cancellation is required. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1.B (1)-(8), an authorized representative of the insurance company must include a letter specifically stating whether items I.B. (1)-(8) are included or excluded. tEL A completed Disclosure of Interest must be submitted with your proposal, Revised August; 1996 Trinity Tawas ins req. 12.6-96 ep Risk Mgmt Exhibit 2 Sublease (see.:attache(I) SUBLEASE [Trinity Towers — Skyway Lease] THIS SUBLEASE ("Sublease") is made as of , 2015, by and between TRINITY TOWERS LIMITED PARTNERSHIP, a Tennessee limited partnership ("Sublessee"), and BKD SHORELINE, LLC, a Delaware limited liability company ("Sublessor"). WITNESSETH: WHEREAS, pursuant to that certain Skyway and Improvement Lease dated January 14, 1997, by and between the CITY OF CORPUS CHRISTI, as lessor (the "City"), and Sublessee, as lessee (the "Prime Lease"), a memorandum of which is of record in County CIerk's File No. 1997015846 of the Official Public Records of Nueces County, Texas, the City leased certain property (the "Leased Property") to Sublessee, as more particularly described therein; and WHEREAS, pursuant to that certain Assignment and Assumption Agreement dated June 13., 1997, by and between Sublessee and NH Texas Properties Limited Partnership ("NH Texas"), of record in County Clerk's File No. 1998017796 of said Public Records, all of Sublessee's rights and obligations as lessee under the Prime Lease were assigned to, and assumed by, NH Texas; and WHEREAS, pursuant to that certain Assignment and Assumption Agreement of Skywalk and Improvement Lease dated as of February 12, 2015, by and between Sublessor and NH Texas, of record in County CIerk's File No. of said Public Records, all of NH Texas' rights and obligations as lessee under the Prime Lease were assigned to, and assumed by Sublessor; and WHEREAS, the parties hereto have agreed that Sublessor shall sublet the entirety of the Leased Property to Sublessee pursuant to the terms and provisions of this Sublease. NOW, THEREFORE, the parties hereto hereby covenant and agree as follows: 1. Sublessor hereby subleases to Sublessee, and Sublessee hereby subleases from Sublessor, the Leased Property for the remaining term of the Prime Lease, at the same rental. described in the Prime Lease: Sublessee shall pay the rent provided for under the Prime Lease at the times and places set forth in the Prime Lease. Such payments shall be made directly to the City for the benefit of the Sublessor, At Sublessor's request, Sublessee shall furnish Sublessor with evidence that any particular payment has been made within five (5) days after making said payment or receiving the request, whichever is later. 2. If Sublessor shall be charged for additional rent or other sums pursuant to the provisions of the Prime Lease, Sublessee shall be liable for such additional rent or sums. Any additional rent or other sums will be payable by Sublessee in the same manner or subject to the same stipulations as rent itself. 3. This Sublease is subject and subordinate to the Prime Lease. Except as may be inconsistent with the specific terms hereof, all the terms, covenants, and conditions contained in 866283 the Prime Lease shall be applicable to tIis Sublease with the same force and effect as if Sublessor were the lessor under the Prime Lease and Sublessee were the lessee thereunder; and in ease of any breach hereof by Sublessee, Sublessor shall have all the rights against Sublessee as would be available to the lessor againstthe lessee under the Prime Lease if such breach were by the lessee thereunder. 4. Notwithstanding anything herein contained, the only services or rights to which Sublessee is entitled hereunder are those to which Sublessor is entitled under the Prime Lease, and Sublessee shall look solely to the lessor under the Prime Lease for such services and rights. As long as Sublessee is not in default hereunder, Sublessor hereby designates Sublessee as its agent and attorney-in-fact to exercise all rights, including without limitation, any rights to enforce any remedies that may be available to Sublessor as lessee under the Prime Lease. 5. Sublessee shall neither do nor perinit anything to be done that would cause the Prime Lease to be terminated or forfeited by reason of any right of termination or forfeiture reserved or vested in the City under the Prime Lease. 6. Sublessee represents that it has read and is familiar with the terms of the Prime Lease. 7. This Sublease may not be changed or terminated orally or in any manner other than by an agreement in writing and signed by the party against whom enforcement of the change or termination is sought. 8. Any notice or demand which either party may or must give to the other hereunder shall be in writing and delivered personally or sent by registered mail addressed if to the Sublessee, as follows: Trinity Towers Limited Partnership cfo Brookdale Senior Living Inc. 111 Westwood Place Suite 400 Brentwood, TN 37027 Attn: General Counsel and, if to Sublessor, as follows: BKD Shoreline, LLC e/o Brookdale Senior Living Inc. 111 Westwood Place Suite 400 Brentwood, TN 37027 Attn: Executive Vice President, Finance Either party may, by notice in writing, direct that future notices or demands be sent to a different address, 2 9. The covenants and agreeents herein contained shall bind and inure to the benefit of Sublessor, Sublessee, and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this instrument to beexecuted on or as of the date first above written. SUBLESSEE: TRINITY TOWERS LIMITED PARTNERSHIP, a Tennessee limited partnership By: ARC Corpus Christi, Inc., a Tennessee corporation, its general partner By: Name: Title: SUBLESSOR: BKD SHORELINE, LLC, a Delaware limited liability company By: 3 Name: Title: STATE OF TENNESSEE ) ) COUNTY OF DAVIDSON ) Personally appeared before me, the undersigned, a Notary Public, with whom I am personally acquainted, and who acknowledged that he executed the within instrument for the purposes therein contained, and who further acknowledged that he is the Executive Vice President of ARC Corpus Christi, Inc., a corporation that is the general partner of Trinity Towers Limited Partnership, a limited partnership, and is authorized by the corporation, the corporation being authorized by the limited partnership, to execute this instrument on behalf of the corporation in its capacity as general partner of the limited partnership. WITNESS my hand, at office, this day of , 2015 Notary Public My Commission Expires: STATE OF TENNESSEE ) COUNTY OF DAVIDSON ) Personally appeared before me, the undersigned, a Notary Public, with whom I am personally acquainted, and who acknowledged that he executed the within instrument for the purposes therein contained, and who further acknowledged that he is the Executive Vice President of BKD Shoreline, LLC, a limited liability company, and is authorized to execute this instrument on its behalf. WITNESS my hand, at office, this day of. ; 2015 My Commission Expires:. 4 Notary Public Exhibit 3 Contact Information. If to Lessee: BIND Shoreline, LLC c/o Brookdale Senior Living Inc. 111 Westwood Place, Suite 400 Brentwood, TN 37027 Attention: General Counsel with a copy to: Rogers & Hardin LLP 2700 International Tower 229 Peachtree Street NE Atlanta, GA 30303 Attention: Carolyn B, Dobbins AGENDA MEMORANDUM Future Item for the City Council Meeting of March 31, 2015 Action Item for the City Council Meeting of April 14, 2015 DATE: TO: March 31, 2015 Ronald L. Olson, City Manager FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com (361) 826-3169 Mark Van Vleck, P.E., Executive Director of Utilities Department markvv@cctexas.com (361) 826-1874 Purchase of Patterson Pump Rotor Assembly CAPTION: Motion approving the purchase of one (1) Patterson pump rotor assembly from The Scruggs Co., Houston, Texas based on sole source for a total amount of $73,655.00. Funds have been budgeted by the Utilities Department in FY 2014-2015. PURPOSE: The Patterson pump rotor assembly will be used as a spare for the Woodsboro Pump Station. BACKGROUND AND FINDINGS: In order for the Woodsboro Pump Station to be online, all pumps must be used simultaneously. If one pump incurs impeller damage a replacement part would not be available for weeks, thus making the station inoperable during that time. Having a spare rotor assembly on hand would make the repair of the pump complete within two days and the station back online. With the start of the Mary Rhodes Pipeline Phase 2 project the acquisition of the spare rotor assembly becomes necessary since the Woodsboro Pump Station will be utilized more often in order to receive water from the Colorado River. 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: Utilities 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 $138,945.00 $0 $138,945.00 Encumbered / Expended Amount $65,290.00 $0 $65,290.00 This item $73,655.00 $0 $73,655.00 BALANCE $0 $0 Fund(s): Water 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 SOLE SOURCE PATTERSON PUMP ROTATING ASSEMBLY QTY UNIT The Scruggs Co. Houston, TX UNIT TOTAL PRICE PRICE 1 Rotor assembly for Patterson C009186 pump, including freight. 1 Each $73,655.00 $73,655.00 TOTAL: $73,655.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 31, 3015 Action Item for the City Council Meeting of April 14, 2015 DATE: TO: FROM: March 6, 2015 Ronald L. Olson, City Manager Fred A. Segundo, Director of Aviation FredS@cctexas.com 289-0171 ext.1213 Authorizing the submission of a grant application in the amount of $50,000 to Texas Department of Transportation Aviation Division for airport maintenance at Corpus Christi International Airport. CAPTION: Resolution authorizing the submission of a grant application in the amount of $50,000 to the Texas Department of Transportation, Aviation Division, with a matching amount of $50,000 for funding of airport maintenance at Corpus Christi International Airport; and authorizing the City Manager or designee to accept, reject, alter, or terminate the grant and execute all related documents. PURPOSE: The Texas Department of Transportation, Aviation Division, (TxDOT) provides funds for "lower cost" airport and landside improvements at smaller airports as part of the Routine Airport Maintenance Program (RAMP) Grant. Corpus Christi International Airport (CCIA) is eligible for funding up $50,000 with a corresponding match of $50,000 from CCIA. Airport Staff is recommending use of these funds for preventative maintenance and painting of the terminal canopy and hangar facilities. BACKGROUND AND FINDINGS: Corpus Christi International Airport is located on 2,700 acres of land with approximately 650,000 sq. ft. of facilities including 140,000 sq. ft. of terminal space. Accordingly, Airport Staff regularly schedules routine maintenance for the landside and airside facilities. The scope of maintenance can range from small repairs to larger rehabilitation and painting projects. Eligible projects under the RAMP Grant include pavement work, drainage maintenance, hangar/terminal building painting and repairs, airport entrance signs and landscaping and hangar access roads. The Airport Terminal canopy is in need of corrosion clean-up and repairs as well as paint work. We are proposing appropriation of funds from the Airport Fund Balance for the maintenance/painting project. The formal action will be brought to City Council in the next month. ALTERNATIVES: The only alternatives would be for maintenance project costs to be funded entirely from Airport funds or a deferral of required maintenance. Maintaining facilities on Airport property is a Mission Element in the Department of Aviation's FY 14-15 Business Plan. Accordingly, Airport staff is committed to develop and manage a scheduled maintenance program for all facilities including the terminal and hangars. OTHER CONSIDERATIONS: Not Applicable EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Finance Management and Budget 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 $0 $60,550 0 $60,550 Encumbered / Expended Amount 0 $0 0 $0 This item 0 $50,000 0 $50,000 BALANCE $0 $110,550 0 $110,550 Fund: 4610 Airport Operating Org: 35040 Account: 520130 RECOMMENDATION: Staff recommends approval of the Resolution LIST OF SUPPORTING DOCUMENTS: Resolution RAMP Grant Application Resolution authorizing the submission of a grant application in the amount of $50,000 to the Texas Department of Transportation, Aviation Division, with a matching amount of $50,000 for funding of airport maintenance at Corpus Christi International Airport; and authorizing the City Manager or designee to accept, reject, alter, or terminate the grant and execute all related documents. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to submit a grant application to the Texas Department of Transportation, Aviation Division, in the amount of $50,000 for the 2015 Routine Airport Maintenance Program (RAMP) grant to fund airport maintenance with a City -required match of $50,000. SECTION 2. The City Manager, or his designee, is authorized to accept, reject, alter, or terminate the RAMP grant and execute all related documents. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor , 2015 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza, Jr. Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn ,Texas Department of Transportation AVIATION DIVISION 125 E. 11TH STREET • AUSTIN, TEXAS 78701-2483 • 512/416-4500 • FAX 512/416-4510 December 4, 2014 Mr. Fred Segundo, Director of Aviation The City of Corpus Christi 1000 International Drive Corpus Christi, Texas 78406 Dear Mr. Segundo: TxDOT CSJ No.: M1516CORP Fund Source: A FY2015 Routine Airport Maintenance Grant is enclosed for the Corpus Christi International Airport. The TxDOT CSJ No. M1516CORP grant for airport maintenance between the City of Corpus Christi, as airport sponsor, and the Texas Department of Transportation is attached as an Adobe Acrobat document. The amount of the FY2015 grant is based on full participation in the grant program - if the amount needs to be adjusted, please let me know. An airport General Maintenance description has been included on Attachment -A Scope of Services so that grant funds can be used for these types of items without having to amend the grant as projects come up. Amendments can be done at your request any time after execution to add special projects or to increase the grant amount. Please print out the grant and however many additional copies the City of Corpus Christi may need for retained paper records and execute the Agreement, complete the Certifications, and return the accepted grant as soon as possible. It will be necessary for your attorney to endorse your acceptance of the Agreement to assure that it has been accepted in accordance with local laws. The Grant Agreement and Certifications should have original signatures for acceptance. TxDOT will be retaining the grant file electronically and will not retain a paper record copy of your executed grant. If you do not need a paper copy of the executed grant returned to you, please scan the fully signed and witnessed grant document and e-mail it to me at megan.caffall@txdot.gov. I will have the grant executed by the state and return an electronic copy of the executed grant to you by e-mail. Mr. Fred Segundo Page 2 December 4, 2014 If you need a paper cop(ies) of the executed grant, please return all copies of the fully signed and witnessed documents to: Mailing Address - TxDOT Aviation Division 125 E. 11th Street Austin, Texas 78701-2483. Overnight Address - TxDOT Aviation Division 150 E. Riverside Dr., 5th Floor South Tower, Austin TX 78704 If you have any questions, or need additional information please contact me at 1-800- 687-4568 or megan.caffall®txdot.gov. The Texas Department of Transportation Aviation Division appreciates your participation in preserving and improving the Texas Airport System, and looks forward to working with you at the Corpus Christi International Airport. Sincerely, / c Megan Caffall RAMP Program Manager cc: Enclosures TEXAS DEPARTMENT OF TRANSPORTATION GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM (State Assisted Airport Routine Maintenance) TxDOT CSJ No.: M1516CORP Part I - Identification of the Project TO: The City of Corpus Christi, Texas FROM: The State of Texas, acting through the Texas Department of Transportation This Grant is made between the Texas Department of Transportation, (hereinafter referred to as the "State"), on behalf of the State of Texas, and the City of Corpus Christi, Texas, (hereinafter referred to as the "Sponsor"). This Grant Agreement is entered into between the State and Sponsor shown above, under the authority granted and in compliance with the provisions of the Transportation Code Chapter 21. The project is for airport maintenance at the Corpus Christi International Airport. Part II - Offer of Financial Assistance 1. For the purposes of this Grant, the annual routine maintenance project cost, Amount A, is estimated as found on Attachment A, Scope of Services, attached hereto and made a part of this grant agreement. State financial assistance granted will be used solely and exclusively for airport maintenance and other incidental items as approved by the State. Actual work to be performed under this agreement is found on Attachment A, Scope of Services. State financial assistance, Amount B, will be for fifty percent (50%) of the eligible project costs for this project or $50,000.00, whichever is less, per fiscal year and subject to availability of state appropriations. Scope of Services, Attachment A, of this Grant, may be amended, subject to availability of state funds, to include additional approved airport maintenance work. Scope amendments require submittal of an Amended Scope of Services, Attachment A. Services will not be accomplished by the State until receipt of Sponsor's share of project costs. 09/01/2014 Page 1 of 12 Only work items as described in Attachment A, Scope of Services of this Grant are reimbursable under this grant. Work shall be accomplished by August 31, 2015, unless otherwise approved by the State. 2. The State shall determine fair and eligible project costs for work scope. Sponsor's share of estimated project costs, Amount C, shall be as found on Attachment A and any amendments. It is mutually understood and agreed that if, during the term of this agreement, the State determines that there is an overrun in the estimated annual routine maintenance costs, the State may increase the grant to cover the amount of the overrun within the above stated percentages and subject to the maximum amount of state funding. The State will not authorize expenditures in excess of the dollar amounts identified in this Agreement and any amendments, without the consent of the Sponsor. 3. Sponsor, by accepting this Grant certifies and, upon request, shall furnish proof to the State that it has sufficient funds to meet its share of the costs. The Sponsor grants to the State the right to audit any books and records of the Sponsor to verify expended funds. Upon execution of this Agreement and written demand by the State, the Sponsor's financial obligation (Amount C) shall be due in cash and payable in full to the State. State may request the Sponsor's financial obligation in partial payments. Should the Sponsor fail to pay their obligation, either in whole or in part, within 30 days of written demand, the State may exercise its rights under Paragraph V-3. Likewise, should the State be unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be considered a breach and the Sponsor may exercise any rights and remedies it has at law or equity. The State shall reimburse or credit the Sponsor, at the financial closure of the project, any excess funds provided by the Sponsor which exceed Sponsor's share (Amount C). 4. The Sponsor specifically agrees that it shall pay any project costs which exceed the amount of financial participation agreed to by the State. It is further agreed that the Sponsor will reimburse the State for any payment or payments made by the State which are in excess of the percentage of financial assistance (Amount B) as stated in Paragraph II -1. 5. Scope of Services may be accomplished by State contracts or through local contracts of the Sponsor as determined appropriate by the State. All locally contracted work must be approved by the State for scope and reasonable cost. Reimbursement requests for locally contracted work shall be submitted on forms provided by the State and shall include copies of the invoices for materials or services. Payment shall be made for no more than 50% of allowable charges. 09/01/2014 Page 2 of 12 The State will not participate in funding for force account work conducted by the Sponsor. 6. This Grant shall terminate upon completion of the scope of services. Part III - Sponsor Responsibilities 1. In accepting this Grant, if applicable, the Sponsor guarantees that: a. it will, in the operation of the facility, comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State in connection with this Grant; and b. the Airport or navigational facility which is the subject of this Grant shall be controlled by the Sponsor for a period of at least 20 years; and c. consistent with safety and security requirements, it shall make the airport or air navigational facility available to all types, kinds and classes of aeronautical use without discrimination between such types, kinds and classes and shall provide adequate public access during the period of this Grant; and d. it shall not grant or permit anyone to exercise an exclusive right for the conduct of aeronautical activity on or about an airport landing area. Aeronautical activities include, but are not limited to scheduled airline flights, charter flights, flight instruction, aircraft sales, rental and repair, sale of aviation petroleum products and aerial applications. The landing area consists of runways or landing strips, taxiways, parking aprons, roads, airport lighting and navigational aids; and e. it shall not enter into any agreement nor permit any aircraft to gain direct ground access to the sponsor's airport from private property adjacent to or in the immediate area of the airport. Further, Sponsor shall not allow aircraft direct ground access to private property. Sponsor shall be subject to this prohibition, commonly known as a "through -the -fence operation," unless an exception is granted in writing by the State due to extreme circumstances; and f. it shall not permit non -aeronautical use of airport facilities without prior approval of the State; and g. the Sponsor shall submit to the State annual statements of airport revenues and expenses when requested; and h. all fees collected for the use of the airport shall be reasonable and nondiscriminatory. The proceeds from such fees shall be used solely for the development, operation and maintenance of the airport or navigational facility; and i. an Airport Fund shall be established by resolution, order or ordinance in the 09/01/2014 Page 3 of 12 J. treasury of the Sponsor, or evidence of the prior creation of an existing airport fund or a properly executed copy of the resolution, order, or ordinance creating such a fund, shall be submitted to the State. The fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. All fees, charges, rents, and money from any source derived from airport operations must be deposited in the Airport Fund and shall not be diverted to the general revenue fund or any other revenue fund of the Sponsor. All expenditures from the Airport Fund shall be solely for airport purposes. Sponsor shall be ineligible for a subsequent grant or loan by the State unless, prior to such subsequent approval of a grant or loan, Sponsor has complied with the requirements of this subparagraph; and the Sponsor shall operate runway lighting at least at low intensity from sunset to sunrise; and k. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce zoning regulations to restrict the height of structures and use of land adjacent to or in the immediate vicinity of the airport to heights and activities compatible with normal airport operations as provided in Tex. Loc. Govt. Code Ann. Sections 241.001 et seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain aviation easements or other property interests in or rights to use of land or airspace, unless sponsor can show that acquisition and retention of such interest will be impractical or will result in undue hardship to Sponsor. Sponsor shall be ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to subsequent approval of a grant or loan, adopted and passed an airport hazard zoning ordinance or order approved by the State. 1. mowing services will not be eligible for state financial assistance. Sponsor will be responsible for 100% of any mowing services. 2. The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the State's agents, employees or contractors from all claims and liability due to activities of the Sponsor, the Sponsor's agents or employees performed under this agreement. The Sponsor, to the extent of its legal authority to do so, shall also save harmless the State, the State's agents, employees or contractors from any and all expenses, including attorney fees which might be incurred by the State in litigation or otherwise resisting claim or liabilities which might be imposed on the State as the result of those activities by the Sponsor, the Sponsor's agents or employees. 3. The Sponsor's acceptance of this Offer and ratification and adoption of this Grant shall be evidenced by execution of this Grant by the Sponsor. The Grant shall comprise a contract, constituting the obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the project and the operation and maintenance of the airport. 09/01/2014 Page 4 of 12 If it becomes unreasonable or impractical to complete the project, the State may void this agreement and release the Sponsor from any further obligation of project costs. 4. Upon entering into this Grant, Sponsor agrees to name an individual, as the Sponsor's Authorized Representative, who shall be the State's contact with regard to this project. The Representative shall receive all correspondence and documents associated with this grant and shall make or shall acquire approvals and disapprovals for this grant as required on behalf of the Sponsor, and coordinate schedule for work items as required. 5. By the acceptance of grant funds for the maintenance of eligible airport buildings, the Sponsor certifies that the buildings are owned by the Sponsor. The buildings may be leased but if the lease agreement specifies that the lessee is responsible for the upkeep and repairs of the building no state funds shall be used for that purpose. 6. Sponsor shall request reimbursement of eligible project costs on forms provided by the State. All reimbursement requests are required to include a copy of the invoices for the materials or services. The reimbursement request will be submitted no more than once a month. 7. The Sponsor's acceptance of this Agreement shall comprise a Grant Agreement, as provided by the Transportation Code, Chapter 21, constituting the contractual obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the airport maintenance and compliance with the assurances and conditions as provided. Such Grant Agreement shall become effective upon the State's written Notice to Proceed issued following execution of this agreement. PART IV - Nomination of the Agent 1. The Sponsor designates the State as the party to receive and disburse all funds used, or to be used, in payment of the costs of the project, or in reimbursement to either of the parties for costs incurred. 2. The State shall, for all purposes in connection with the project identified above, be the Agent of the Sponsor. The Sponsor grants the State a power of attorney to act as its agent to perform the following services: a. accept, receive, and deposit with the State any and all project funds granted, allowed, and paid or made available by the Sponsor, the State of Texas, or any other entity; b. enter into contracts as necessary for execution of scope of services; c. if State enters into a contract as Agent: exercise supervision and direction of the project work as the State reasonably finds appropriate. Where there is an 09/01/2014 Page 5 of 12 irreconcilable conflict or difference of opinion, judgment, order or direction between the State and the Sponsor or any service provider, the State shall issue a written order which shall prevail and be controlling; d. receive, review, approve and pay invoices and payment requests for services and materials supplied in accordance with the State approved contracts; e. obtain an audit as may be required by state regulations; the State Auditor may conduct an audit or investigation of any entity receiving funds from TxDOT directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. f. reimburse sponsor for approved contract maintenance costs no more than once a month. PART V - Recitals 1. This Grant is executed for the sole benefit of the contracting parties and is not intended or executed for the direct or incidental benefit of any third party. 2. It is the intent of this grant to not supplant local funds normally utilized for airport maintenance, and that any state financial assistance offered under this grant be in addition to those local funds normally dedicated for airport maintenance. 3. This Grant is subject to the applicable provisions of the Transportation Code, Chapters 21 and 22, and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. Sections 241.001 et seq. (Vernon and Vernon Supp.). Failure to comply with the terms of this Grant or with the rules and statutes shall be considered a breach of this contract and will allow the State to pursue the remedies for breach as stated below. a. Of primary importance to the State is compliance with the terms and conditions of this Grant. If, however, after all reasonable attempts to require compliance have failed, the State finds that the Sponsor is unwilling and/or unable to comply with any of the terms of this Grant, the State, may pursue any of the following remedies: (1) require a refund of any financial assistance money expended pursuant to this Grant, (2) deny Sponsor's future requests for aid, (3) request the Attorney General to bring suit seeking reimbursement of any financial assistance money expended on the project pursuant to this Grant, provided however, these remedies shall not limit the State's authority to enforce its rules, regulations or 09/01/2014 Page 6 of 12 orders as otherwise provided by law, (4) declare this Grant null and void, or (5) any other remedy available at law or in equity. b. Venue for resolution by a court of competent jurisdiction of any dispute arising under the terms of this Grant, or for enforcement of any of the provisions of this Grant, is specifically set by Grant of the parties in Travis County, Texas. 4. The State reserves the right to amend or withdraw this Grant at any time prior to acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after issuance unless extended by the State. 5. This Grant constitutes the full and total understanding of the parties concerning their rights and responsibilities in regard to this project and shall not be modified, amended, rescinded or revoked unless such modification, amendment, rescission or revocation is agreed to by both parties in writing and executed by both parties. 6. All commitments by the Sponsor and the State are subject to constitutional and statutory limitations and restrictions binding upon the Sponsor and the State (including Sections 5 and 7 of Article 11 of the Texas Constitution, if applicable) and to the availability of funds which lawfully may be applied. 09/01/2014 Page 7 of 12 Part VI - Acceptances Sponsor The City of Corpus Christi, Texas, does ratify and adopt all statements, representations, warranties, covenants, agreements, and all terms and conditions of this Grant. Executed this day of , 20 . The City of Corpus Christi, Texas Sponsor Witness Signature Sponsor Signature Witness Title Sponsor Title Certificate of Attorney I, , acting as attorney for the City of Corpus Christi, Texas, do certify that I have fully examined the Grant and the proceedings taken by the Sponsor relating to the acceptance of the Grant, and find that the manner of acceptance and execution of the Grant by the Sponsor, is in accordance with the laws of the State of Texas. Dated at , Texas, this day of , 20 Witness Signature Attorney's Signature Witness Title 09/01/2014 Page 8 of 12 Acceptance of the State Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs and grants heretofore approved and authorized by the Texas Transportation Commission. STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION By: Date: 09/01/2014 Page 9 of 12 Attachment A Scope of Services TxDOT CSJ No.:M1516CORP Eligible Scope Item: Estimated Costs Amount A State Share Amount B Sponsor Share Amount C GENERAL MAINTENANCE $100,000.00 $50,000.00 $50,000.00 Special Project $0.00 $0.00 $0.00 Special Project $0.00 $0.00 $0.00 Special Project $0.00 $0.00 $0.00 Special Project $0.00 $0.00 $0.00 Special Project $0.00 $0.00 $0.00 TOTAL $100,000.00 $50,000.00 $50,000.00 Accepted by: The City of Corpus Christi, Texas Title: Date: Signature GENERAL MAINTENANCE: As needed, Sponsor may contract for services/purchase materials for routine maintenance/improvement of airport pavements, signage, drainage, AWOS systems, approach aids, lighting systems, utility infrastructure, fencing, herbicide/application, sponsor owned and operated fuel systems, hangars. terminal buildings and security systems: professional services for environmental compliance, approved project design. Special projects to be determined and added by amendment. Only work items as described in Attachment A, Scope of Services of this Grant are reimbursable under this grant. 09/01/2014 Page 10 of 12 Attachment A Scope of Services TxDOT CSJ No.:M1516CORP Eligible Scope Item: Estimated Costs Amount A State Share Amount B Sponsor Share Amount C GENERAL MAINTENANCE $50,000.00 $25,000.00 $25,000.00 Terminal Checkpoint Gate Improvements 15,000 $7,500 $7,500 CCIA Hangar #1- Painting/Repairs 10,000 $5,000 $5,000 Seal Coat / Chip Seal —Non -Airside Pavement 25,000 12,500 12,500 TOTAL $100,000.00 $50,000.00 $50,000.00 Accepted by: The City of Corpus Christi, Texas Signature Title: DMe: GENERAL MAINTENANCE: As needed. Sponsor may contract for services/purchase materials for routine maintenance/improvement of airport pavements, signage, drainage, AWOS systems. approach aids. liahtina systems. utility infrastructure. fencing. herbicide/application. sponsor owned and operated fuel systems, hangars, terminal buildings and security systems; professional services for environmental compliance, approved project design. Special projects to be determined and added by amendment. Only work items as described in Attachment A, Scope of Services of this Grant are reimbursable under this grant. DRAFT ALTERNATE ATTACHMENT A 09/01/2014 Page 10 of 12 CERTIFICATION OF AIRPORT FUND TxDOT CSJ No.: M1516CORP The City of Corpus Christi does certify that an Airport Fund has been established for the Sponsor, and that all fees, charges, rents, and money from any source derived from airport operations will be deposited for the benefit of the Airport Fund and will not be diverted for other general revenue fund expenditures or any other special fund of the Sponsor and that all expenditures from the Fund will be solely for airport purposes. The fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. The City of Corpus Christi, Texas (Sponsor) By: Title: Date: Certification of State Single Audit Requirements I, , do certify that the City of Corpus Christi will comply with all (Designated Representative) requirements of the State of Texas Single Audit Act if the City of Corpus Christi spends or receives more than the threshold amount in any grant funding sources during the most recently audited fiscal year. And in following those requirements, the City of Corpus Christi will submit the report to the audit division of the Texas Department of Transportation. If your entity did not meet the threshold in grant receivables or expenditures, please submit a letter indicating that your entity is not required to have a State Single Audit performed for the most recent audited fiscal year. Signature Title Date 09/01/2014 Page 11 of 12 DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE TxDOT CSJ Number: M1516CORP The City of Corpus Christi designates, (Name, Title) as the Sponsor's authorized representative, who shall receive all correspondence and documents associated with this grant and who shall make or shall acquire approvals and disapprovals for this grant as required on behalf of the Sponsor. The City of Corpus Christi. Texas (Sponsor) By: Title: Date: DESIGNATED REPRESENTATIVE Mailing Address: Overnight Mailing Address: Telephone/Fax Number: Email address: 09/01/2014 Page 12 of 12 AGENDA MEMORANDUM Future item for the City Council Meeting of March 31, 2015 Action item for the City Council Meeting of April 14, 2015 DATE: February 18, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities G ustavogo@cctexas. com (361) 826-3897 THRU: Valerie H. Gray, P. E., Executive Director of Public Works Valerieq@cctexas.com (361) 826-3729 FROM: Jerry Shoemaker, P. E., Acting Director of Capital Programs Jerrys2@cctexas.com (361) 826-3516 CAPTION: Elevated Water Storage Tanks — Citywide (ACR Implementation Phase 2) Tank Site Acquisition at Rand Morgan & Leopard St. Motion authorizing the City Manager or designee to execute a Real Estate Sales Contract with Marjak, Inc. in the amount of $188,000 plus $2,500 in estimated closing costs for a total expenditure of $190,500, for the purpose of acquiring a tract of land containing 1.76 acres of land located at the southeast corner of the intersection of Leopard Street and Rand Morgan Road, to be used for the construction of an elevated water storage tank in connection with the CC Elevated Storage Tanks — Citywide Project #E12210, Capital Improvement project. PURPOSE: This 2012-2013 Capital Improvement Project is needed to increase water pressures in certain areas of the City and will also reduce operating costs. This is part of the City's master plan and addresses TCEQ elevated storage tank requirements. This agenda item approves the purchase of one of the elevated tank sites. BACKGROUND AND FINDINGS: The Elevated Water Storage Tank Project will provide multiple tanks City wide with the objective of increasing and balancing water pressures in various City areas. The City prepared and submitted an Alternate Capacity Requirement (ACR) implementation plan to the Texas Commission on Environmental Quality (TCEQ) which was approved. As per the plan, the City will build four elevated tanks to satisfy the minimum requirements of the TCEQ, all to be completed before 2025. In February of 2009, the City awarded an A/E contract to LNV Engineering Inc. for design of these tanks. These four elevated tanks include the Holly Rd site with 3.0 million gallons (MG), the Rand Morgan site with 0.75 MG, the Starry Road site with 2.5 MG and the Nueces Bay Boulevard site with 1.25 MG. LNV Engineering specified that an optimum location for the tank site would be along Leopard Street, between Rand Morgan and McKenzie Road. City Land Acquisition staff identified a vacant tract of land for sale at Rand Morgan and Leopard, which was of adequate size and abutted one of the City's water transmission mains located along the Leopard Street right of way. The site contains 1.76 acres and is located at the southeast corner of Rand Morgan and Leopard as shown on the attached Location Map. The City obtained an appraisal report prepared by Ralph L. Cook, ASA which reported the value at $180,000. The property was listed by Steve Roberts Realtors for the amount of $195,000. City staff has negotiated the purchase price of $188,000. The contract will be escrowed closed at the Security Title Office on Holly Road. ALTERNATIVES: 1. Execute the Real Estate Sales Contract with Marjak, Inc. (recommended). 2. Do not execute the Real Estate Sales Contract and seek an alternative site (not recommended). CONFORMITY TO CITY POLICY: The Real Estate Sales Contract is permitted by City Charter, Article X, General Powers and Provisions Section 1 (a)(8) to acquire and own property by the City and also by Section 2 (A) requiring contracts to be authorized by the City Council where the expenditure exceeds the limit of $50,000. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Capital Programs and Water Departments FINANCIAL IMPACT: Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Budget $550,000.00 $750,000.00 $10,400,000.00 $11,700,000.00 Encumbered / Expended Amount 550,000.00 0.00 0.00 550,000.00 This item 0.00 190,500.00 0.00 190,500.00 Future Anticipated Expenditures This Project 0.00 0.00 0.00 $0.00 BALANCE $0.00 $559,500.00 $10,400,000.00 $10,959,500.00 Fund(s): Water CIP RECOMMENDATION: City staff recommends passage of the Motion approving the Real Estate Sales Contract. LIST OF SUPPORTING DOCUMENTS: Location Map Real Estate Sales Contract DEPARTMENT OF CAPITAL PROGRAMS Property and Land Acquisition Division CC Elevated Storage Tanks Rand Morgan, #EI2210, Parcel I REAL ESTATE SALES CONTRACT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF NUECES § This Real Estate Sales Contract ("Contract") is entered into by and between MARJAK, INC., 10711 Ella Lee Lane, Houston, Harris County, Texas 77042-3006, hereinafter called "Seller", and the CITY OF CORPUS CHRISTI, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277, hereinafter called `Buyer". 1. Property. Seller for the consideration and under the terms set out herein, agrees to convey to Buyer the surface estate only of the properties described below together with together with all rights, privileges and appurtenances pertaining to the properties situated in Nueces County, Texas: A 1.103 & 0.66 Acre Tract, All Out Of Tract 3-R and A Portion of Tract 1-R Out Of The Hutchins Tract Subdivision as described by metes and bounds on the attached and incorporated "Exhibit A" and as shown on the attached map incorporated as "Exhibit B". 2. Purchase Price. Buyer agrees to pay $188,000.00 cash to Seller. 3. Title Insurance. The Seller must provide, at Buyer's expense, a title insurance policy that guarantees good and indefeasible title to the Property, without exceptions to title other than the standard printed exceptions and exceptions permitted under this Contract, and that wholly insures and indemnifies Buyer against any title defects or adverse claims. A reliable title insurance company or title guaranty company ("Title Company") must issue the title insurance policy. The title commitment for title insurance must be delivered to Buyer within thirty (30) days after receipt of the Contract by the Title Company, with the title insurance policy to be timely issued after closing. 4. Warranty Deed and Closing Costs. After securing the title insurance commitment, Seller must execute a General Warranty Deed, drafted in accordance with the provisions of this Contract, that conveys indefeasible title to the Property to Buyer, and Buyer must make the cash payment to Seller. Buyer wilrpay all closing costs except costs to cure title, which must be paid by Seller. 5. Property Taxes. Seller must pay all property taxes incurred on the Property up to and including 2014. All property taxes for the year 2015, if any are due and payable or incurred for the year, will be prorated between the Buyer and the Seller from January 1, 2015 to the date of closing. The prorated taxes are only an estimate indicated by a Tax Certificate obtained by the Title Company and the Seller agrees to pay any shortages of property taxes should they occur during the following year. Seller will agree to execute a Tax Proration Agreement expressly stating this agreement. 6. Earnest Money. Buyer deposits Two Thousand Dollars and No Cents ($2,000.00) with the Title Company as Earnest Money, which will be applied to the balance of the purchase price owing at closing; Buyer will pay the balance of the purchase price owing at closing. When the Title Company possesses the executed deed, any other necessary paperwork, and the balance of the cash payment, the Title Company will close and finalize the conveyance in accordance with its customary procedure. If Buyer fails to close on this Contract as set out herein, for any reason other than title defects, Seller is entitled to the Earnest Money as liquidated damages for breach of this Contract. Seller may seek to enforce this Contract by an action for specific performance. If Seller fails to tender an executed deed conveying the Property in accordance with the terms of this Contract, Buyer may seek to enforce this Contract by an action for specific performance. 7. Restrictions on Title. Buyer accepts title to the Property subject to all recorded restrictive covenants and use restrictions, if any, and all applicable local zoning regulatory ordinances, if any. 8. Time for Performance. This transaction will be closed through the Title Company on or before ninety (90) days from the effective date of this Contract. Seller shall give Buyer possession of the Property by executing a General Warranty Deed. Seller's execution of this Contract means that Seller has read and understands that this Contract is not binding on Buyer until approved and accepted by the Corpus Christi City Council and executed by the City Manager, or designee, on behalf of the Buyer. Buyer must execute this Contract within forty-five (45) days from the date of Seller's execution of this Contract or this Contract is void. 9. Survives Closing. This Contract survives closing of the sale of the Property and the delivery of the General Warranty Deed and other necessary documents by Seller to Buyer at closing, and all terms and conditions remain in effect between Seller and Buyer. 10. 60 -Day Inspection Period. Buyer shall have sixty (60) days (the "60 -Day Inspection Period") from the effective date of the Contract to notify Seller of Buyer's election, in Buyer's sole discretion, to cancel this Contract and receive a refund of the Earnest Money in the event that Buyer finds the Property to be unacceptable for any reason. Buyer shall have reasonable access to the Property during all normal business hours and Seller agrees to cooperate with and assist Buyer in Buyer's inspection of the Property. Failure of Buyer to deliver to Seller, within the 60 -Day Inspection Period, written notice of Buyer's determination that the Property is unacceptable and to terminate this Contract shall constitute an election by Buyer to proceed with this Contract and a waiver of Buyer's right to terminate this Contract on this basis. a. Right of Entry. (1) During the 60 -Day Inspection Period and at Buyer's sole expense, Buyer or Buyer's authorized agents shall have the right to enter upon the Property for purposes of the following: utility relocation, land surveys, environmental site analysis, engineering studies, wetland studies, soil borings and soil analysis as Buyer may deem necessary. Buyer shall not cause or permit damage or injury to the Property. Upon termination of this Contract, Buyer shall promptly restore the Property to the condition existing prior to any tests or studies conducted pursuant to this Contract. This obligation shall survive the termination of this Contract, notwithstanding anything to the contrary contained herein. Seller shall make available for Buyer's inspection and copying within ten (10) days from the date hereof all reports, studies and tests in Seller's possession with respect to the Property. (2) In connection with Buyer's inspections, studies, and assessments, Buyer must: (1) employ only trained and qualified inspectors and assessors; (ii) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (iii) abide by any reasonable entry rules or requirements that Seller may require; (iv) not interfere with existing operations or occupants of the Property; and (v) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (3) Except for those matters that arise from the sole negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. b. Environmental Condition of Property. Definitions. "Environmental Law" shall mean any law relating to environmental conditions and industrial hygiene applicable to the Property, including without limitation, the Resource Conservation and Recovery Act of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Clear Air Act, the Clear Water Act, the Toxic Substances Control Act, the Endangered Species Act, the Safe Drinking Water Act, the Texas Water Code, the Texas Solid Waste Disposal Act, and all similar applicable federal, state and local environmental statutes, ordinances and the regulations, orders and decrees now or hereafter promulgated thereunder. "Hazardous Materials" shall mean any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, or oil as defined in any Environmental Law existing as of the date hereof. Environmental Audit. Buyer shall have the right to cause an independent environmental consultant chosen by Buyer, in Buyer's sole discretion, to inspect the Property, including but not limited to an Environmental Site Analysis (ESA) Phase I and Phase II, to determine the condition of the Property, the presence of any Hazardous Materials and any apparent violation of any Environmental Law (the "Environmental Audit") and to deliver a report describing the findings and conclusions of the Environmental Audit. The cost and expense of the Environmental Audit shall be borne by Buyer. If the Environmental Audit reveals, or at any time prior to closing Buyer otherwise becomes aware of the existence of any environmental condition or violation of any Environmental Law which Buyer is unwilling to accept or the Seller is unwilling to cure, Buyer shall have the right and option to cancel this Contract and receive a full return of the Earnest Money. 11. Broker Commission. Seller is responsible for payment of all broker's fees and commissions incurred in connection with the sale of this Property. 12. Possession. At the Closing, the Property will be conveyed free of the rights of possession of any third parties in or to the Property except for valid easements, if any, filed of record and currently in force and effect. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord -tenant at sufferance relationship between the parties. 13. Representations and Warranties. By Seller. In order to induce Buyer to enter into this Contract, Seller makes the following representations and warranties, all of which will be true and correct as of the effective date of this Agreement and as of the date of closing: Authority; No Conflict. Seller has the absolute and unrestricted right, power and authority to execute and deliver this Contract and the documents to be executed and delivered by Seller in connection with the closing of the transactions described in this Contract (such documents being collectively referred to herein as "Seller's Closing Documents") and to perform its obligations under this Contract and the Seller's Closing Documents. Seller shall present to the Buyer and/or the Title Company, if necessary, all reasonable evidence of such authority which may be requested by either of them. The execution and delivery of this Contract and Seller's Closing Documents, the consummation of the transactions described herein, and compliance with the terms of this Contract will not conflict with, or constitute a default under, any agreement to which Seller is a party or by which Seller or the Property is bound, or violate any regulation, law, court order, judgment, or decree applicable to Seller or the Property, except as otherwise expressly provided herein. No Litigation or Proceedings. Seller has no knowledge of any pending or threatened litigation, condemnation, or assessment affecting the Property. Environmental Representations. Except as otherwise expressly provided herein, Seller has no knowledge that the Property contains Hazardous Materials (as defined in Section 10(b)), contains any underground storage tanks, or is not in full compliance with any Environmental Law (as defined in Section 10(b)). Title to Property. To the best of Seller's knowledge, Seller has full and complete fee simple title to the Property, subject only to the liens and encumbrances, if any, disclosed on the commitment or survey to be furnished to Buyer hereunder. No Options. No person, corporation, or other entity has or, on the date of closing, shall have any right or option to acquire the Property. Compliance. Seller has not received any notice from any governmental agency regarding the Seller's or the Property's non-compliance with any applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property. 14. Mineral Reservation. The sale of the Property is without minerals. Seller reserves unto itself all of its right, title and interest in and to the oil, gas and other minerals in, on, or under the Property. if required by Buyer, Seller will execute a no -drilling agreement, prepared by Buyer, to ensure that Seiler will not construct or operate a well on the Property while exercising its right to recover any subsurface oil, gas, or other minerals. 15. Essential. Time is of the essence in closing this transaction. 16. Effective Date. The effective date of this Contract is the date in which the Contract is signed by the Buyer. Executed in triplicate, any of which constitutes an original. SELLER: aARJAK, INC. By: �'• Print Name: Nein( K `% 7OOG- Print Title: \J« NE 'tt y THE STATE OF TEXAS § COUNTY OF Barri S § This instrument was acknowledged before me on T GM tA.a 3 a , 201 by 13p.-4 YAGIC V , S4-rc rt , as vice pr -es / ace," l' of MARIAK, INC., a Texas corporfition, on behalf of said corporation acting as officer of and on behalf of MARTAK, INC., a Texas corporatio Notary Public in and for the State of Texas [Seal] BUYER: CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Capital Programs PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469-9277 Valerie H. Gray, P.E., Executive Director of Public Works THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 201_ by Valerie H. Gray, P.E., as Executive Director of Public Works of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas 1 Seal 1 APPROVED AS TO LEGAL FORM, THIS DAY OF Fettcry , 201. B FOR THE CITY ATTORNEY anet Kellogg, Assistant City Att CITY LEGAL DEPARTMENT J..%GEMCCElevatedSloragcTankRandMorgan\RESC__Parcet E doc EXHIBIT "A" TRACT 1 vas 2297PAGE 194 Tract 3-R, Hutchins Tract, a Subdivision of the City of Corpus Christi, Nueces County, Texas as shown by the map or plat thereof, recorded in Volume 44, at Page 76, of the Map Records of Nueces County, Texas. TRACT 2 A portion of the north end of Tract One -R (1-R), Hutchins Tract, a subdivision of the City of Corpus Christi, Texas, as shown by map or plat thereof recorded in Volume 44, at Page 76, of the Map Records of Nueces County, Texas, to which reference is here made for all pertinent purposes, such portion being more particularly described as follows: COMMENCING at a 5/8 inch iron rod found at the intersection of the east right-of-way boundary of Rand Morgan Road with the south boundary of said TR. 2-R for the southwest corner of TR. 3-R; THENCE with the east right-of-way boundary of Rand Morgan Road and the west boundary of TR. 2-R North 00 degrees 05' 25" West at 150.0 feet pass the common west corner of TR. 2-R and TR. 1-R in all 265.79 feet to a 5/8 inch iron rod set for the southwest corner of the tract herein described, and the POINT OF BEGINNING; THENCE continuing with the east right-of-way boundary of Rand Morgan Road and the west boundary of TR. 1-R, North 00 degrees 05' 25" West 127.78 feet to a 5/8 inch iron rod set for the common west corner of TR. 1-R and TR. 3-R for the northwest corner of this tract; THENCE with the south boundary of TR. 3-R and north boundary of TR. 1-R South 89 degrees 59' 10" East 184.7 feet to a 5/8 inch iron rod set for the southeast corner of TR. 3-R, also being an inside corner of TR. 1-R and of this tract; THENCE with the east boundary of TR. 3-R and the west boundary of TR. 1-R North 00 degrees 05' 25" West 120.75 feet to a 5/8 inch iron rod set for common north corner of TR. 3-R and TR. 1-R in the south right-of-way boundary of Leopard Street for the northernmost corner of this tract; THENCE with the south right-of-way boundary of Leopard Street and the northernmost boundary of TR. 1-R South 65 degrees 15' 00" East 116.05 feet to a 5/8 inch iron rod set for common north corner of TR. 1-R and TR. 4-A for the northeast corner of this tract; THENCE with the east boundary of TR. 1-R and the west boundary of TR. 4-A South 00 degree 05' 25" East 200.00 feet to a 5/8 inch iron rod set for the common west corner of TR. 4-A and TR. 2-R for the southeast corner of this tract; THENCE parallel to and 115.79 feet from the south boundary of TR. 1-R, also being the north boundary of TR. 2-R, North 89 degrees 59' 10" West 290.0 feet to the POINT OF BEGINNING. Any pravisicr!Wert wh=etre.4:1stfa:7':,Rite oru:@ al the dmeriind UAL I.•.;,::.a r.f Y.'v:' RI6gtc;',:2::1LSHuCI'rf� .rt.:t;G"u�� invatal arr} ufrsnt.r*•cwt` Leifer f iit4:;1 _ . i w::+;!''/89. rl,+IME 7tY. S =MY was .".:il ril.; i,�'' rti 01 t' ".: osx;lt'=+ruby r.�and Ffl3P� r '• f., �• i't+t•�.z Rett rfs ct REAL SEP 2 7 1991 ;;.d );..rrn. #ra• .....41...) NU ES COLOR, MPS v o L 2297 PAGE 195 7 � r'Sr2( 6 1...••-•.• ......-............-......,.-.......•••' t • ••••• .;74"`••••• .--...... :. li .4,........ 14 ......,.........., I; I: .."-",.............ii 1 -1 Exhibit B i.. • - 7 ••=0;-.cfc CC ELEVATED TANKS - CITYWIDE RAND MORGAN SITE 1.76 ACRES CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 31, 2015 Action Item for the City Council Meeting of April 14, 2015 DATE: TO: March 26, 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 Execute Chanae Order No. 13 Bayfront Development Plan, Phase 3 (Bond 2008) Shoreline Boulevard Realignment CAPTION: Motion authorizing the City Manager or designee to execute Change Order No. 13 with Bay, Ltd. of Corpus Christi, Texas in the amount of $373,337.25 for a total restated fee of $7,540,461.64, for the Bayfront Development Plan, Phase 3, Shoreline Boulevard Realignment project (Bond 2008). PURPOSE: The purpose of this agenda item is to obtain authority to execute Change Order No. 13 with Bay, Ltd. of Corpus Christi, Texas for the Bayfront Development Plan, Phase 3, Shoreline Boulevard Realignment project. BACKGROUND AND FINDINGS: The Bond 2008 Bayfront Development Plan Phase 3 included two major parts; the Realignment of Shoreline and the "Bayshore Park". The Bayshore Park will be implemented within the remaining funds under the Bond 2008 Proposition No. 7. City Council awarded the Construction Contract to Bay Ltd. in 2013 for the Realignment of Shoreline Drive. The limits of the project improvements are from Buford Street to Lawrence Street. The Shoreline Realignment Project was started in October 2013 and opened to traffic in February 2015. Change Orders are an approved project tool through state statute and city policy. They are a natural part of the construction process and allow a project to be completed in a successful manner. Changes to a project may have both a cost and a scheduling impact. Dealing with these changes promptly through Change Orders will have the least amount of impact on the project budget and schedule. Delaying resolution of the issues will increase costs, jobsite friction, and delay the completion of the project. Reasons for Change Orders include: • Differing site conditions • Regulatory changes • Owner/Stakeholders change their mind • Scope added or deleted during construction • Information missing from the contract documents • Project delays • Adverse weather Change Order 13 includes a settlement for a request by the contractor for unanticipated delays resulting from unknown locations of Private utilities and some City owned utilities. Due to the utility conflicts, the Contractor was directed to demobilize from the site partially suspending work for 165 days. The contractor was required to provide on-site management with necessary equipment and subcontractors to immediately resume work upon resolution (construction conflicts by private utilities) The original claim for $548,295 was negotiated down to the final settlement of $373,337.25. The settlement was reviewed and negotiated by a consultant ECMS and agreed upon by City Staff. ALTERNATIVES: 1. Execute the change order as proposed. 2. Do not execute the change order. OTHER CONSIDERATIONS: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 7, Bayfront Master Plan. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; §2, Article 10 of the City Charter regarding contracts. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Parks and Recreation Streets FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $12,838,600.00 $3,762,800.00 $539,913.93 $17,141,313.93 Encumbered/Expended Amount $11,049,456.28 $11,049,456.28 This item (Bay, Ltd) $373,337.25 $0.00 $373,337.25 Future Anticipated Expenditures This Project $0.00 $0.00 $0.00 BALANCE $1,789,143.72 $3,389,462.75 $539,913.93 $5,718,520.40 Fund(s): Bayfront Development CIP 2008 RECOMMENDATION: City Staff recommends the approval of Change Order No. 13 with Bay, Ltd. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Change Order Presentation City of Corpus Christi Capital Programs Change Order Corpus Chrsti Capital Programs CHANGE ORDER NO.: 13 PROJECT: Bayfront Development Phase 3 - Shoreline Blvd Realignment CONTRACTOR: Bay, Ltd ENGINEER: HDR Engineering CHANGE ORDER DATE: 12/17/2014 PROJECT NUMBER: 6511 CONTRACT TIME: 400 CD Make the following additions, modifications or deletions to the work described in the Contract Documents: Street Street Delay Time Item (Line Item 22... See Attachment 1) 1 Street Bay LTD Overhead Costs 165 Days @ $3,323.00 DAY $548,295.00 2 Street DEDUCT: Resume negotiations between Albert Pardo and Frank Whiteaker overhead costs 165 Days @ $1,060.35 DAY ($174,957.75) Net Total of This Change Order $373,337.25 Why was this Change necessary: Existing stormwater flap valve was not operational and allowed excessive water into manhole How can similar changes be avoided in the future? Unavoidable The compensation agreed upon in this Change Order is full, complete and final payment for all costs the Contractor may incur as a result of or relating to this change whether said costs are known, unknown, foreseen or unforseen at this time, including without limitation, any cost for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of this Change Order. Original Contract Amount $ 6,552,042.05 Previously Approved Change Order Amount $ 615,082.34 Proposed Change Order Amount $ 373,337.25 Revised Contract Amount $ 7,540,461.64 Percent of Total Change Orders (including this CO) 15.09% Previous Change Order Contract Time 0 CD Additional Time on This Change Order 165 CD Revised Contract Time 165 CD Recommended by [CONSULTING FIRM] Approved by [CONTRACTOR] By By Recommended by: Recommended by: Recommended by: Recommended by: Date Date CITY OF CORPUS CHRISTI Philip L. Boehk, P.E. Date Approved or Recommended by: Valerie H. Gray, P.E. Date Acting Construction Engineer Executive Director of Public Works Jerry Shoemaker, P.E. Date Approved or Recommended by: Gustavo Gonzalez, P.E. Date Acting Director of Capital Programs Assistant City Manager Eddie Houlihan Date Budget and Finance Janet Kellog City Attorney Date Approved by: Ronald L. Olson City Manager DEPARTMENT APPROVALS: Operating Department (Street) $ 373,337.25 Page 1 of 1 Date PROJECT BUDGET Bayfront Development Phase 3 Change Order 13 FUNDS AVAILABLE: Bayfront Development Phase 3 G.O. Bond 2008 $ 13,345,276.62 Bayfront Development Phase 1 C.O. Bond 2004 Reserves 696,941.00 Storm Water CIP 1,287,341.83 Water CIP 1,032,190.78 Wastewater CIP 622,926.20 Gas CIP 156,637.50 Total $ 17,141,313.93 FUNDS REQUIRED: Construction : Construction Contract and 12 Change Orders (Bay, Ltd) $ 7,167,124.39 Bay, Ltd. (Change Order 13) THIS ITEM 373,337.25 Contingencies (Reduced for Change Orders) 0.00 Engineer and Design Fees: 2 Design Contract and 10 Amendments (Hargreaves Associates) 1,620,592.50 A/E Contract and 7 amendments (HDR, Inc.) 1,322,696.70 Landscape Architect (Lauren Griffith) 45,500.00 Urban Forestry (Burditt Consultants) 5,225.00 Project Review (Govind Nadkarni) 32,250.00 Plan Review (June Mitzke) 260.00 Geotechnical Testing Services (Rock Engineering) 6,890.00 Construction Materials Testing (Rock Engineering) 163,860.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 279,080.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 185,564.33 Bond Issuance Costs 193,130.44 Misc. (Printing, Advertising, etc.) 27,282.92 Total $ 11,422,793.53 Estimated Project Budget Balance $5,718,520.40 Original Agreement authorized by City Council August 27, 2013, Ord. 029941 2 Original Agreement authorized by City Council December 13, 2011, M2011-292 =Original Agreement approved administratively on July 19, 2009 and Amendment No. 1 approved by City Council on May 18, 2012, M2010-115 K:\Engineering\LEGISTAR\7 - March 31, 2015\Bayfront CO 13\Project Budget - Bayfront Dev Shoreline Relocation CO 13 Project Locatio PROJECT # 651t' BAYFRONT DEVELOPMENT PHASE 3 SHORELINE BOULEVARD REALIGNMENT BOND 2008 CITY COUNCIL EXHIBIT Am „Lk CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS PAGE 1 OF 1 CORPU5 CHRISTI PARKS& RECREATION Bond 2008 -Proposition 7 Bayfront Master Plan Project Corpus Chr sti Capital Proarams Council Presentation March 31, 2015 Parks & Recreation and Capital Programs Bond 2008 - Proposition 7 CORPUS CHRISTI PARKS& RECREATION Corpus Chr stf Capital Proarams ➢ November 2008 — Prop 7 was Approved by Voters for $13 MIL ➢ October 2013 — Road construction began ➢ February 2015 — Realignment construction substantially complete with opening of Traffic Lanes ➢ March 2015 — Final Change Orders prepared and presented to Council ■ Change Order 13 — Settlement of Delay Impacts associated with Private and Public Utilities ■ Change Order 14 — Additional "off-site" Improvements for Parking Lot Driveways, Landscaping, Drainage, Signage, and other miscellaneous items that were to be addressed by Destination Bayfront Construction Change Orders and Policies CORPUS CHRISTI PARKS& RECREATION Corpus Chr stf Capital Proarams Change Orders are required on construction projects to address the following: • Weather, Acts of God, Labor Strikes and other events beyond the control of the contractor and owner • Differing Conditions may include; • Unknown utilities • Buried/covered contaminated materials and soils • Quantity changes for field adjustments • Regulatory Changes (after design completion), TCEQ, USACE, TDLR, etc. • Changes requested by the owner during construction • Omissions and Errors by the Architect/Engineer (AE) • May result in AE liability for rework As a result, a minimum for a 5% Contingency Budget is required Construction Change Orders and Policies (continued) CORPUS CHRISTI PARKS& RECREATION Corpus Chr stf Capital Proarams Change Orders are covered by Local Government Code and Federal Acquisition Regulations. Approval levels: ➢ Under $25K (Executive Director for Public Works) ➢ $25K to $36.5K (ACM for Public Works) ➢ $36.5K to $100K (City Manager) ➢ Over $100K (City Council) Maximum Change Order cannot exceed 25% of contract award. Shoreline Realignment Change Orders CORPUS CHRISTI PARKS& RECREATION Corpus Chr stf Capital Proarams Change Order No. 13 for $373K for the following items: • Settlement reached for 165 day delay (partial suspension of work) caused by unanticipated conflicts with private and city utilities • Initial Contractor request was $535K Upon mobilizing, private utility conflicts were discovered requiring redesign of City utilities and relocation of the private utilities. The contractor remained mobilized to expeditiously return to work after conflict resolution, however, extended time was required for private utility relocations. Shoreline Realignment Change Orders CORPUS CHRISTI PARKS& RECREATION Corpus Chr stf Capital Proarams Change Order No. 14 for $352K for the following items: ▪ Landscaping, driveways, traffic controls (gates, bollards, signage and markings) on the closed sections of Shoreline along the seawall • Final reconciliation of the various bid items for quantity adjustments as measured in the field vs. the original design estimates including the conversion of the one block of Lawrence St. from the T -Head to new Shoreline form one-way to two-way traffic Staff worked closely to develop improvements that require little effort to incorporate the future Bayshore Park concepts and best address the existing circulation, safety, parking and functions of the existing facilities. Shoreline Realignment Change Orders CORPUS CHRISTI PARKS& RECREATION Corpus Chr stf Capital Proarams Change Order No. 14 for $352K for the following items: ▪ Landscaping, driveways, traffic controls (gates, bollards, signage and markings) on the closed sections of Shoreline along the seawall • Final reconciliation of the various bid items for quantity adjustments as measured in the field vs. the original design estimates including the conversion of the one block of Lawrence St. from the T -Head to new Shoreline form one-way to two-way traffic Staff worked closely to develop improvements that require little effort to incorporate the future Bayshore Park concepts and best address the existing circulation, safety, parking and functions of the existing facilities. xati (-Ow Questions? "Continuing to Build Our Future" AGENDA MEMORANDUM Future Item for the City Council Meeting of March 31, 2015 Action Item for the City Council Meeting of April 14, 2015 DATE: TO: March 26, 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 Execute Change Order No. 14 Bayfront Development Plan, Phase 3 (Bond 2008) Shoreline Boulevard Realignment CAPTION: Motion authorizing the City Manager or designee to execute Change Order No. 14 with Bay, Ltd. of Corpus Christi, Texas in the amount of $351,776.52 for a total restated fee of $7,892,238.16, for the Bayfront Development Plan, Phase 3, Shoreline Boulevard Realignment project (Bond 2008). PURPOSE: The purpose of this agenda item is to obtain authority to execute Change Order No. 14 with Bay, Ltd. of Corpus Christi, Texas for the Bayfront Development Plan, Phase 3, Shoreline Boulevard Realignment project. BACKGROUND AND FINDINGS: The Bond 2008 Bayfront Development Plan Phase 3 included two major parts; the Realignment of Shoreline and the "Bayshore Park". The Bayshore Park will be implemented within the remaining funds under the Bond 2008 Proposition No. 7. City Council awarded the Construction Contract to Bay Ltd. in 2013 for the Realignment of Shoreline Drive. The limits of the project improvements are from Buford Street to Lawrence Street. The Shoreline Realignment Project was started in October 2013 and opened to traffic in February 2015. The project's original design was only partially complete with respect to the closure and repurposing of the water front lanes of Shoreline and the associated "off road" improvements with the future Bayshore Park. Based on voters not approving Destination Bayfront and recent direction from City Council, some off road improvements and traffic controls were implemented into this change order. This includes landscaping, driveways, connections to parking lots, and traffic controls (gates, bollards, signage and markings) on the closed sections of Shoreline along the seawall. Additionally, this Change Order provides for final reconciliation of the various bid items for quantity adjustments as measured in the field vs. the original design estimates including changes to the one block conversion of Lawrence Street from a one-way to a two-way from the T -Head to new realigned North Bound section of Shoreline. Staff worked closely to develop improvements that require little effort and incorporate input from Council and the future Bayshore Park concepts. ALTERNATIVES: 1. Execute the change order as proposed. 2. Do not execute the change order. OTHER CONSIDERATIONS: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 7, Bayfront Master Plan. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; §2, Article 10 of the City Charter regarding contracts. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Parks and Recreation Streets FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $12,838,600.00 $3,762,800.00 $539,913.93 $17,141,313.93 Encumbered/Expended Amount $11,049,456.28 373,337.25 $11,422,793.53 This item (Bay, Ltd) $351,776.52 $0.00 $351,776.52 Future Anticipated Expenditures This Project $0.00 $0.00 $0.00 BALANCE $1,789,143.72 $3,037,686.23 $539,913.93 $5,366,743.88 Fund(s): Bayfront Development CIP 2008 RECOMMENDATION: City Staff recommends the approval of Change Order No. 14 with Bay, Ltd. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Change Order Presentation PROJECT BUDGET Bayfront Development Phase 3 Change Order #14 FUNDS AVAILABLE: Bayfront Development Phase 3 G.O. Bond 2008 $ 13,345,276.62 Bayfront Development Phase 1 C.O. Bond 2004 Reserves 696,941.00 Storm Water CIP 1,287,341.83 Water CIP 1,032,190.78 Wastewater CIP 622,926.20 Gas CIP 156,637.50 Total $ 17,141,313.93 FUNDS REQUIRED: Construction : Construction Contract and 13 Change Orders (Bay, Ltd) $ 7,540,461.64 Bay, Ltd. (Change Order 14) THIS ITEM 351,776.52 Contingencies (Reduced for Change Orders) 0.00 Engineer and Design Fees: 2 Design Contract and 10 Amendments (Hargreaves Associates) 1,620,592.50 3 A/E Contract and 7 amendments (HDR, Inc.) 1,322,696.70 Landscape Architect (Lauren Griffith) 45,500.00 Urban Forestry (Burditt Consultants) 5,225.00 Project Review (Govind Nadkarni) 32,250.00 Plan Review (June Mitzke) 260.00 Geotechnical Testing Services (Rock Engineering) 6,890.00 Construction Materials Testing (Rock Engineering) 163,860.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 279,080.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 185,564.33 Bond Issuance Costs 193,130.44 Misc. (Printing, Advertising, etc.) 27,282.92 Total $ 11,774,570.05 Estimated Project Budget Balance $5,366,743.88 Original Agreement authorized by City Council August 27, 2013, Ord. 029941 2 Original Agreement authorized by City Council December 13, 2011, M2011-292 3 Original Agreement approved administratively on July 19, 2009 and Amendment No. 1 approved by City Council on May 18, 2012, M2010-115 K:\Engineering\LEGISTAR\7 - March 31, 2015\Bayfront CO 14\Project Budget - Bayfront Dev Shoreline Relocation CO 13 City of Corpus Christi Capital Programs Change Order Corpus Chrsti Capital Programs CHANGE ORDER NO.: 14 PROJECT: Bayfront Development Phase 3 - Shoreline Blvd Realignment CONTRACTOR: Bay, Ltd ENGINEER: HDR Engineering CHANGE ORDER DATE: 12/17/2014 PROJECT NUMBER: 6511 CONTRACT TIME: 400 CD Make the following additions, modifications or deletions to the work described in the Contract Documents: 1 Street Multiple Items (Line Items 1-8, 10, 13, 17-18, and 25-35... See Attachments 1 and 2) 1 LS @ $209,157.55 2 Stormwater Multiple Items (Line Items 3, 7, 14-16, 19-20, 23-24... See Attachment 1 and 2) 1 LS @ $76,955,71 3 Wastewater Multiple Items (Line Items 6 and 9... See Attachment 1 and 2) 1 LS @ $42,511.40 4 Water Multiple Items (Line Items 6, 11 and 12... See Attachment 1 and 2) 1 LS @ $23,151.86 Net Total of This Change Order $209,157.55 $76,955.71 $42,511.40 $23,151.86 $351,776.52 Why was this Change necessary: Change Order Line Items 1, 3-5) See attachment 1 Change Order Line Item 2) See attachment 2 How can similar changes be avoided in the future? Change Order Line Items 1, 3-5) See attachment 1 Change Order Line Item 2) See attachment 2 The compensation agreed upon in this Change Order is full, complete and final payment for all costs the Contractor may incur as a result of or relating to this change whether said costs are known, unknown, foreseen or unforseen at this time, including without limitation, any cost for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of this Change Order. Original Contract Amount $ 6,552,042.05 Previously Approved Change Order Amount $ 988,419.59 Proposed Change Order Amount $ 351,776.52 Revised Contract Amount $ 7,892,238.16 Percent of Total Change Orders (including this CO) 20.45% Previous Change Order Contract Time 165 CD Additional Time on This Change Order 77 CD Revised Contract Time 242 CD Recommended by [CONSULTING FIRM] Approved by [CONTRACTOR] By By Recommended by: Recommended by: Recommended by: Recommended by: Date Date CITY OF CORPUS CHRISTI Philip L. Boehk, P.E. Date Approved or Recommended by: Valerie H. Gray, P.E. Date Acting Construction Engineer Executive Director of Public Works Jerry Shoemaker, P.E. Date Approved or Recommended by: Gustavo Gonzalez, P.E. Date Acting Director of Capital Programs Assistant City Manager Eddie Houlihan Date Budget and Finance Janet Kellog City Attorney Da te Approved by: Ronald L. Olson City Manager DEPARTMENT APPROVALS: Operating Department (Street) $209,157.55 Operating Department (Stormwater) $76,955.71 Operating Department (Wastewater) $42,511.40 Operating Department (Water) $23,151.86 Page 1 of 4 Date City of Corpus Christi Capital Programs Change Order Corpus Chrsti Capital Programs CHANGE ORDER NO.: 13 PROJECT: Bayfront Development Phase 3 - Shoreline Blvd Realignment CONTRACTOR: Bay, Ltd ENGINEER: HDR Engineering CHANGE ORDER DATE: 12/17/2014 PROJECT NUMBER: 6511 CONTRACT TIME: 400 CD Make the following additions, modifications or deletions to the work described in the Contract Documents: 1 Street 1" Planning/Milling 2 Street 1-1/2" Overlay Type D 3 Various DEDUCT: Items revised from contract due to change Stormwater D1 1 - Concrete Curb & Gutter 253 LF @ $17.50 LF $4,427.50 Stormwater DEDUCT: D1 1 - Concrete Curb & Gutter (TY 2) 569 LF @ $17.50 LF ($9,957.50) Street CO 3-2 Remove Curb & Gutter 110 LF @ $16.45 LF $1,809.50 Street DEDUCT: B78 - Concrete Median 88 SY @ $52.00 SY ($4,576.00) Street DEDUCT: B80 - Stamped Concrete 88 SY @ $18.00 SY ($1,584.00) Street DEDUCT: H1 - Street Excavation 761 SY @ $34.00 SY ($25,874.00) Street DEDUCT: H2 - Flex Base (Ty A, Grade 1) 761 SY @ $12.75 SY ($9,702.75) Street DEDUCT: H3 - Prime Coat 615 SY @ $0.65 SY ($399.75) Street DEDUCT: H5 - Geogrid Base Reinforcement (Ty 1) 761 SY @ $3.30 SY ($2,511.30) Street DEDUCT: H10 - Hot Mix Asphalt (Type D, SAC -B, PG 70-22, 2" Lift) 615 SY @ $21.00 SY ($12,915.00) Street DEDUCT: H9 - Hot Mix Asphalt (Type B, PG 64-22, 4" Lift) 615 SY @ $12.00 SY ($7,380.00) 4 Street New Pay Items Street Re -Mobilization 1 LS @ $3,500.00 LS $3,500.00 Street Traffic Signal Pole 24" 1 EA @ $5,838.00 EA $5,838.00 Street Vivids Processor 1 EA @ $2,950.00 EA $2,950.00 Street Vivids Camera Assembly 1 EA @ $1,485.00 EA $1,485.00 Street Vivids Communication Cable 500 LF @ $3.80 LF $1,900.00 Street Aluminum Signs TY A One Way 18 x 6 2 EA @ $175.00 EA $350.00 Street Aluminum Signs TY A Street Sign 1 EA @ $321.00 EA $321.00 Street Left Turn Yield on Green Ball Sign 2 EA @ $250.00 EA $500.00 Street Install Hwy Traffic Signal Isolated 1 EA @ $3,500.00 EA $3,500.00 Street Mark up and Bond 1 LS @ $233.96 $3,285.56 5 Street Existing Pay Items Street B38 - Drilled Shaft (Traffic Signal Poles, 36" Dia) 13 LF @ $300.00 LF $3,900.00 Street B41 - Conduit (PVC, Sch 40, 4") 60 LF @ $14.50 LF $870.00 Street B45 - Electrical Conductor (#8 Bare) 60 LF @ $1.45 LF $87.00 Street B51 - Install 12" Vehicle Signal Section w/ Backplate 2 EA @ $460.00 EA $920.00 Street B53 - Traffic Signal Cable (Ty A, 14 AWG, 5 Cond) 80 LF @ $2.20 LF $176.00 Street B54 - Traffic Signal Cable (Ty A, 14 AWG, 16 Cond) 200 LF @ $3.40 LF $680.00 Street B72 - LED Traffic Signal Module - VEH SEC (12") LED (GRN) 2 EA @ $170.00 EA $340.00 Street B73 - LED Traffic Signal Module - VEH SEC (12") LED (YEL) 2 EA @ $170.00 EA $340.00 Street B74 - LED Traffic Signal Module - VEH SEC (12") LED (RED) 2 EA @ $150.00 EA $300.00 6 Street Overrun Line Items Street K3: 4" Fiber Optic Conduit 120 LF @ $24.00 LF $2,880.00 Street H4: 2" Mill and Overlay at Furman Street 811 SY @ $3.50 SY $2,838.50 Street H11: Art Center 4" Sewer Redesign (See Sam Email 8/11) 811 SY @ $12.00 SY $9,732.00 Street CO 3-2 Remove Curb & Gutter 670 LF @ $16.45 LF $11,021.50 Street Hot Mix Between Curb and Sawcut Line 177.5 SY @ $23.16 SY $4,110.90 Street Base Under Curb (See Email SS to JW 6/5) 1,039.33 SY @ $18.44 SY $19,165.25 Street C11: Concrete Sidewalk Curb (6' Wide) 269 LF @ $35.00 LF $9,415.00 Street Additional Cost to Construct Sidewalk Curb at IBC Bank 269 LF @ $11.38 LF $3,061.22 Street A10: Erosion Control Logs 140 LF @ $13.00 LF $1,820.00 Street B45: Electrical Conductor (#8 Bare) - Coopers Alley 1,096 LF @ $1.45 LF $1,589.20 Street B47: Tray Cable (3 Cons, 12 AWG) Coopers Alley 1,697 LF @ $1.80 LF $3,054.60 Attachment 1 Page 2 of 4 691 SY @ $3.98 SY $2,750.18 691 SY @ $13.75 SY $9,501.25 CHANGE ORDER NO.: 13 CHANGE ORDER DATE: 12/17/2014 PROJECT: Bayfront Development Phase 3 - Shoreline Blvd Realignment PROJECT NUMBER: 6511 CONTRACTOR: Bay, Ltd CONTRACT TIME: 400 CD ENGINEER: HDR Engineering Continued from Page 2 Street B39: Conduit (PVC, SCH 40, 2") 60 LF @ $12.00 LF $720.00 Street B39: Conduit (PVC, SCH 40, 2") AEP Manhole Coopers Alley/Kinney Street 250 LF @ $12.00 LF $3,000.00 Street B44: Electrical Conductor (#6 Insulated) AEP Manhole Coopers Alley/Kinney Street 800 LF @ $2.40 LF $1,920.00 Street B39: Conduit (PVC, SCH 40, 2") Overrun 5 LF @ $12.00 LF $60.00 Street 1346: Electrical Conductor (#8 Insulated) 400 LF @ $1.55 LF $620.00 Street B39: Conduit (PVC, SCH 40, 2") ATS 1257 Coopers Alley/Shoreline Signal 160 LF @ $12.00 LF $1,920.00 Street B54: Traffic Signal Cable (TY A, 14 AWG, 16 Conductor ATS) 408 LF @ $3.40 LF $1,387.20 Street B48: Ground Box TY D with Apron 1 EA @ $960.00 EA $960.00 Street C6: Concrete Sidewalk (5' Wide) - Art Center 65.70 SY @ $47.00 SY $3,087.90 Street C11: Concrete Sidewalk Curb (6' Wide) - Art Center 1,080.60 LF @ $35.00 LF $37,821.00 Street B4: Concrete Driveway (TY C)(6" Thick" - Art Center 237.2 SY @ $56.00 SY $13,283.20 Wastewater Overrun Line Items Wastewater F6: Overrun Sanitary Sewer 8" SDR 26 14 LF @ $200.00 LF $2,800.00 Wastewater F8: Trench Saafety 14 LF @ $5.10 LF $71.40 Wastewater F9: Sanitary Sewer FM (PVC)(SDR-35)(4") 6 LF @ $140.00 LF $840.00 Wastewater F4: Remove 4" Sewer Manhole 2 EA @ $3,900.00 EA $7,800.00 Stormwater Overrun Line Items Stormwater D1 1 - Concrete Curb & Gutter 670 LF @ $17.50 LF $11,725.00 Stormwater D13: Trench Safety 2 EA @ $510.00 EA $1,020.00 Water Overrun Line Items Water E16: Furnish and Install Fire Hydrant 1 EA @ $4,800.00 EA $4,800.00 Water E20: Trench Safety for Exvacation (Water Line) 62 LF @ $2.90 LF $179.80 Water E15: Remove Existing Fire Hydrant Assembly 1 EA @ $950.00 EA $950.00 8 Street DEDUCT: L1 - Filabusta Palm, Washington Filifera x Robusta 108 EA @ $1,800.00 EA ($194,400.00) 9 Wastewater 4" Sewer Service (Concrete Encased) 1 LS @ $31,000.00 LS $3 1,000.00 10 Street Traffic Signal Controller Unit 2 EA @ $1,532.02 EA $3,064.04 11 Water New Misc Utilities Items Water 6" DI Sleeve 1 EA @$ 380.00 EA $380.00 Water 8" DI 45 Deg Bends 2 EA @ $ 400.00 EA $800.00 Water 8" DI Sleeve 1 EA @ $ 425.00 EA $425.00 Water 8" DI 45 Deg Bends 3 EA @ $ 400.00 EA $1,200.00 Water 6" DI 45 Deg Bends 2 EA @ $ 375.00 EA $750.00 Water 6" DI Pipe 62 LF @ $32.65 LF $2,024.30 Water 6" DI 45 Deg Bends 2 EA @ $ 350.00 EA $700.00 Water Mark up and Bond 1 LS @ $ 1,044.11 LS $1,044.11 12 Water Hanson Miscellaneous Water Materials 1 LS @ $9,898.65 LS $9,898.65 13 Street Eliminate Striping (North End) Street Eliminate Pavement MRK & MRKS (4") 570 LF @ $ 0.95 LF $541.50 Street Eliminate Pavement MRK & MRKS (8") 70 LF @ $ 1.90 LF $133.00 Street Eliminate Pavement MRK & MRKS (24") 161 LF @ $ 5.00 LF $805.00 Street Eliminate Pavement MRK & MRKS (ARROW") 5 EA @ $ 45.00 EA $225.00 Street Eliminate Pavement MRK & MRKS (WORD") 3 EA @ $ 45.00 EA $135.00 14 Stormwater Demo Existing Curb/Sidewalk/Wall 1 LS @ $1,607.90 $1,607.90 15 Stormwater Replace Concrete Curb 1 LS @ $772.17 $772.17 16 Stormwater Replace Concrete Sidewalk 3.6 SY @ $641.69 $2,310.08 17 Street Demolition for Ramp 35 SY @ $129.90 $4,546.50 18 Street Area Grading to Match Sidewalk 6 CY @ $254.90 $1,529.40 19 Stormwater Sod and Water 18 CY @ $77.36 $1,392.48 20 Stormwater Concrete Header Curb 58 LF @ $45.25 $2,624.50 21 Stormwater Concrete Sidewalk 25.5 SY @ $177.80 $4,533.90 CHANGE ORDER NO.: 13 CHANGE ORDER DATE: 12/17/2014 Attachment 1 Page 3 of 4 PROJECT: Bayfront Development Phase 3 - Shoreline Blvd Realignment CONTRACTOR: Bay, Ltd ENGINEER: HDR Engineering PROJECT NUMBER: CONTRACT TIME: 6511 400 CD 22 Stormwater 23 Stormwater 24 Street 25 Street Street Street Street Street Street 26 Street 27 Street 28 Street 29 Street 30 Street 31 Street 32 Street 33 Street 34 Street 35 Street 36 Street Continued from Page 3 Additional dewatering on Stormwater Manhole Washed aggregate concrete Additional Traffic Control Overrun Line Items CO 3-2: Remove Curb and Gutter C11: Concrete Sidewalk Curb (6" Wide) D11: Concrete Curb and Gutter (TY 2) CO 9-1: Additional Hot Mix Between Curb and Sawcut Line B4: Concrete Driveway (TY C)(6" Thick) Install Topsoil and Sodding Furnish and Install Bollards Furnish and Install Gate Additional Materials Cost Allowance for Bollards and Gates Additional ADA Ramps at John Sartain and Art Center Additional Art Center and Misc. Improvements Allowance Additional Allowance Traffic Signs and Markings PENDING ITEM: Green Bicycle Panel Parking Lot HMA Fill and Curb Modification at the Art Center Parking Lot N/S L2: Mexican Feather Grass DEDUCT: Hl: Street Excavation Why was this Change necessary: 1 LS @ $56,217.44 LS 1 LS @ $282.24 LS 15 days @ $ 1,980.65 day $56,217.44 $282.24 $29,709.75 120 LF @ $16.45 LF $1,974.00 140 LF @ $ 35.00 LF $4,900.00 240 LF @ $17.50 LF $4,200.00 14 SY @ $ 23.16 SY $324.24 372 SY @ $ 56.00 SY $20,832.00 4,600 SY @ $ 14.79 SY $68,034.00 52 EA @ $ 933.20 EA $48,526.40 4 EA @ $ 1,721.92 $6,887.68 1 LS @ $10,000.00 EA $10,000.00 2 EA @ $ 13,000.00 $26,000.00 2 EA @ $ 14,627.15 $29,254.30 1 LS @ $25,000.00 LS $7,500.00 16 EA @ $1,200.00 $19,200.00 1 LS @ $ 3,486.88 $3,486.88 100 EA @ $11.75 EA $1,175.00 95.71 SY @ $34.00 SY ($3.254.31) Net Total of This Change Order $351,776.52 1-5) The revision at Lawrence & Williams will accommodate the traveling public better than original design 6-11) Some of the overruns 6-11) Overruns (Hanson MOH) was due to the major outfall check valves no sealing property preventing a dry work area for the Contractor to tie into. Some of the items (Base Under Curb) were overrun due to the unforseen soil instability. The Fire Hydrant was requested by the City. The remainder of the utility items were overrun due to unforseen utility conflicts and/or services 12) Materials deleted per plan revisions 13) Milling pattern revisions were required to accommodate exact field conditions resulting in eradication of some striping 14-20) Wall added during construction by Engineer included drainage features which uncovered soil erosion issues. Modification was required to mitigate the soil characteristics 21) See Attachment 2 22-23) Items were needed to match the existing finish of the sidewalk 24) Additional Traffic Control for daily closure on 25) Overruns are required to add Parking Lot entrances to existing lots 26) Topsoil and sodding is required in areas where parking access 27-29) Bollards and Gates are to restrict access to abandoned portion of Shoreline 30-31) Additional ADA ramps were required but were 32) Additional Signage/Markings are required to assure public safety 33) Added to accommodate Bike Route Requirements 34) Modification required to provide drainage after wall installation 35) Additional grass was requested to fill area near new northbound Shoreline transition area 36) Deduct of quantities that were not needed for the project How can similar changes be avoided in the future? 1-5) Better reiew of existing conditions and coordination during the design process 6-11) A combination of improved record drawing tracking and development combined with good recordkeeping processes would help alleviate these conflicts. Additional S.U.E. research and location services could minimize these conflicts. 12-20) When widening an urban pavement section that does not contain drainage structures, consider expanding the scope of work to add drainage features 21) Staff should instruct contractor to demobilize completely in lieu of having equipment on site not being utilized 22-36) Better coordination between design team, City Staff and existing conditions at the site Attachment 1 Page 4 of 4 Project Locatio PROJECT # 651t' BAYFRONT DEVELOPMENT PHASE 3 SHORELINE BOULEVARD REALIGNMENT BOND 2008 CITY COUNCIL EXHIBIT Am „Lk CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS PAGE 1 OF 1 Carpus Chr sti Capital Proarams Bayfront Development Plan, Phase 3 (Bond 2008) Shoreline Boulevard Realignment Change Orders No. 13 and No. 14 Council Presentation March 31, 2015 Capital Programs Bond 2008 - Proposition 7 Corpus Chr sti Capital Proarams ➢ November 2008 — Prop 7 was Approved by Voters for $13 MIL ➢ October 2013 — Road construction began ➢ February 2015 — Realignment construction substantially complete with opening of Traffic Lanes ➢ March 2015 — Final Change Orders prepared and presented to Council ■ Change Order 13 — Settlement of Delay Impacts associated with Private and Public Utilities ■ Change Order 14 — Additional "off-site" Improvements for Parking Lot Driveways, Landscaping, Drainage, Signage, and other miscellaneous items that were to be addressed by Destination Bayfront Construction Change Orders and Policies Corpus Chr sti Capital Proarams Change Orders are required on construction projects to address the following: • Weather, Acts of God, Labor Strikes and other events beyond the control of the contractor and owner • Differing Conditions may include; • Unknown utilities • Buried/covered contaminated materials and soils • Quantity changes for field adjustments • Regulatory Changes (after design completion), TCEQ, USACE, TDLR, etc. • Changes requested by the owner during construction • Omissions and Errors by the Architect/Engineer (AE) • May result in AE liability for rework As a result, a minimum for a 5% Contingency Budget is required Construction Change Orders and Policies (continued) Corpus Chr sti Capital Proarams Change Orders are covered by Local Government Code and Federal Acquisition Regulations. Approval levels: ➢ Under $50K (Executive Director for Public Works) ➢ $50K to $75K (ACM for Public Works) ➢ $75K to $100K (City Manager) ➢ Over $100K (City Council) Maximum Change Order cannot exceed 25% of contract award. Shoreline Realignment Change Orders Corpus Chr sti Capital Proarams Change Order No. 13 for $373K for the following items: • Settlement reached for 165 day delay (partial suspension of work) caused by unanticipated conflicts with private and city utilities • Initial Contractor request was $535K Upon mobilizing, private utility conflicts were discovered requiring redesign of City utilities and relocation of the private utilities. The contractor remained mobilized to expeditiously return to work after conflict resolution, however, extended time was required for private utility relocations. Shoreline Realignment Change Orders Corpus Chr sti Capital Proarams Change Order No. 14 for $352K for the following items: ▪ Landscaping, driveways, traffic controls (gates, bollards, signage and markings) on the closed sections of Shoreline along the seawall • Final reconciliation of the various bid items for quantity adjustments as measured in the field vs. the original design estimates including the conversion of the one block of Lawrence St. from the T -Head to new Shoreline form one-way to two-way traffic Staff worked closely to develop improvements that require little effort to incorporate the future Bayshore Park concepts and best address the existing circulation, safety, parking and functions of the existing facilities. xati (-Ow Questions? "Continuing to Build Our Future" AGENDA MEMORANDUM for the City Council Meeting of March 31, 2015 DATE: March 13, 2015 TO: Ronald L. Olson, City Manager FROM: Stacie Talbert Anaya, Interim Director staciet@cctexas.com 361-826-3464 UPDATE TO CITY COUNCIL Bayfront Development Plan, Phase 3 Bayshore Park Project STAFF PRESENTER(S): Name Title/Position 1. Stacie Talbert Anaya Interim Director 2. Jeff Edmonds Director 3. OUTSIDE PRESENTER(S): Department Parks & Recreation Capital Programs Name Title/Position Organization 1 2. 3. BACKGROUND: During the February 10, 2015 presentation on the park development, City Council questioned how the operations and maintenance would be sustained. Staff has committed to include the expense of operating the park in the 20 -year pro forma beginning in FY2017 and to present a priority decision packet to City Council during the respective budget approval process. During the same meeting City Council expressed consensus on utilizing the Design -Build (DB) process for selecting one contractor to both design and build (construct) the park, as well as for involving key stakeholders and public input in the development of the project scope. This presentation details the timeline associated with identifying a DB team and plans for incorporating operating cost into future budgets. LIST OF SUPPORTING DOCUMENTS: Power Point CORPUS CHRISTI PARKS& neCA ATlON Corpus Chr sti Capital Proararns Bayfront Development Plan Project - Bond 2008 Bayshore Park Council Presentation March 31, 2015 Parks & Recreation and Capital Programs Bayshore Park CORPUS CHRISTI PARKS& RECREATION K lite) Corpus Chr sti Capital Proara ms • January 13, 2015 - Initial presentation to City Council • Presented three concepts for park development • City Council gave direction to • Limit project scope to funds remaining in Bond 2008 — Prop 7 • Include a public input component for stakeholders • Include shade and restrooms throughout the footprint • Make modifications to street bed • Develop/improve special events areas (large and small) • Custom bollards at entry points • Explore revenue generating opportunities • February 10, 2015 — Follow up presentation • Park design and development concepts - $5.1 million • Options for additional elements with donations, grants • Operational and Maintenance cost estimates Bayshore Park k.% 54!•vhn cr.Vro-P • • Irv—, C•• 0 A •••,. , 4 WATER ST Centralized Restrooms 1 CORPUS CHRISTI PARKS& Conversion of Shoreline Boulevard 0 McCaughan Park • ,...1cCEE BEACH w 2 w SHORELINE BOULEVARD Conversion of Shoreline Boulevard 1 Street Market & Food Truck Area 1 0 Park signage and furniture throughout site Corpus Christi Parks & Recreation Department Bayshore Park Plan 1-28-15 3 Bayshore Park Concept Elements (4:-Ap CORPUS CHRISTI PARKS& nrCneATuoN Kate) Corpus Chr sti Capital Proara ms 1. Conversion of North Bound Shoreline Road Bed • Surface treatment, bollards, planter beds, utilities and area for street vendors 2. Special Events Improvements (Old Memorial Coliseum Site) • Special event pad, utilities, reinforced turf, irrigation and parking lot rehab 3. Sherrill and Old City Hall Parks • Shade structure, special events area, grading, landscaping, parking lot rehab and accessibility improvements 4. Centralized Restroom Facilities (2) 5. McCaughan Park • Shade structures, fitness structure, park furniture, landscaping, parking lot rehab 6. Uniform Park signage and furniture 7. McGee Beach Seawall Building Improvements Annual Costs CORPUS CHRISTI PARKS& Corpus Chr sti Capital Prnarams • Annual Operational Estimate • Total Operations & Maintenance - $351,000 • Existing funding - $108,000 • Additional requirement - $243,000 • Revenue estimates - $59,000 (includes current revenue) • Increase Parks & Recreation Department Maintenance Budget • Include in 20 -Year Pro forma starting in FY2017 • Submit priority decision packet for FY2017 • Explore possibility of public-private partnership to reduce burden • Community Partner • Design -bid -operate • Operate portion must be part of General Fund Next Steps CORPUS CHRISTI PARKS&. RlCRBATION Corpus Chrsti Capital Praarams • Issue Design -Build RFP Months 1 2 3 4 5 6 7 8 9 10- 24 Step 1 — RFQ Development Step 2 — RFQ implementation Step 3 — RFP implementation & Selection of Team Contract Award Design phase Construction phase • Project scope will be based on concepts presented • Include an additive alternate for operational costs • Include meetings with stakeholders (RFP step) • Provide city council updates throughout process AGENDA MEMORANDUM for the City Council Meeting of 03/31/15 DATE: TO: THRU: March 12, 2015 Ronald L. Olson, City Manager Gustavo Gonzalez, P.E., Assistant City Manager FROM: Valerie H. Gray, P.E., Executive Director of Public Works ValerieG@cctexas.com 361-826-3729 Andres Leal, Jr., P.E., Interim Director of Street Operations AndyL@cctexas.com 361-826-1957 UPDATE TO CITY COUNCIL Residential/Local Street Reconstruction STAFF PRESENTER(S): Name Title/Position 1. Valerie H. Gray, P.E. Executive Director 2. Andres Leal, Jr., P.E. Interim Director 3. OUTSIDE PRESENTER(S): Name 1. 2. 3. Department Public Works Street Operations Title/Position Organization BACKGROUND: This presentation discusses the overall condition of Residential & Local streets and various causes of pavement degradation. LIST OF SUPPORTING DOCUMENTS: None RECOINSTRUCTIO�i LOCAL AE819ENTUAL Street Improvement Plan Residential/Local Reconstruction Council Presentation March 31, 2015 Street System ➢ Existing Street System -1,234 Miles o 172 Miles Arterial Streets (14%) o 210 Miles Collector Streets (17%) o 852 Miles Residential/Local Streets & Alleys (69%) ➢ 2010 - Overall Condition of Street System o 20.3M Square Yards (SY) Total System o Approximately 50% of System in "Poor" Condition o Estimated Cost to Repair All Streets to "Good"- $ 967M ✓ $469M for Residential /Local in "Poor" Condition (5.7M SY) ✓ $368M for Arterial / Collector in "Poor" Condition (3.8M SY) ✓ $ 23M for Alleys in "Poor" Condition (0.3M SY) o Condition Result of 30 Years of Neglect ➢ 2014 - Current Estimate for Residential/Local Reconstruction o Estimated Cost to Repair to "Good" Condition - $881M (7.8M SY) Street Condition Inventory ➢ Pavement Condition o Micro -PAVER uses 20 pavement distresses in condition surveys: ✓ Alligator cracking, rutting, potholes, block cracking, corrugation, bleeding, raveling, shoving, slippage cracking, joint reflection cracking, depression, edge cracking, bumps & sags, railroad crossing, patching & utilitycut patching, swell, weathering, polish aggregate, shoulder drop off, longitudinal- transverse cracking. ➢ Pavement Condition Index: o PCI's are calculated using: ✓ each of the pavement distresses observed; ✓ density/quantity of each; and ✓ severity level of each. o PCI calculated value: ✓ is a weighted composite index of each pavement distress observed and deduct value for each; and ✓ is used to identify pavement maintenance & rehabilitation treatments (i.e. reconstruction, overlay, seal coat). ➢ Data Collected on a 3 -Year Cycle PCI Standard Rating Scale Pavements should be managed, not simply maintained. Standard PCI* Rating Scale 100 85 70 55 40 25 10 0 Cost Escalation Curve over time $1 /for Dhabi litation ere Fair Poor Very Poor Serious Failed .00 Significant Drop/ in Condition � .00 .00 ( 1 1 i Small $ of Pavement Life Wi l l Cost $4 to $5 More *PCI = Pavement Condition Index ---- 1 I Time Chart from NAPA report: A New Transportation Commitment for America (2007) Infrastructure Alligator cracking is a series of Rainwater can wash cracks In asphalt caused by base particles away, accelerating failure and the stress of the problem. constant traffic. Water -. enters the roadway through cracks, speeding up the deterioration. Alligator cracking Stress from traffic weight causes cracks to appear at the asphalt base Diagram Is sohemadc and not rc scae. Long-term precipitation often accelerates deterioration of the road and subgrade and can delay repair. Temporary patches are made when possible. Before major street work is done, holes are drilled to gauge the at- tributes of the soil. That deter- mines how much of each layer of street -building material should be used to make the street strong enough for expected traffic. Cracks Continued ,progress traffic load to the soon surface. causes . _ cracks to cennect. These areas break up and create potholes . Water can cause the subgrade to become unstable. ASPHALT PROBLEMS Weight from heavy traffic displaces asphalt The subgrade is the foundation for the pavement. It is 73 compacted and en- hanced to support watering weight of traffic. may cause the curb and LAYERS OF ROAD Asphalt Limestone base Geogrid- Subbase gutter to roll 'Geo9rid is an optional layer of upward. synthetic Men that adds strength. Degraded Vertical Curb & Gutter (current) Stabilized Subgrade Limestone Base (new) Constructed Pothole graphic courtesy of Corpus Christi Caller -Times. Compacted backfill (new) Pavement Failure Causes ➢ Poor drainage o Water infiltrates pavement & base material moves ➢ Inadequate base layer or subgrade o Pavement flexes excessively ➢ Heavy vehicle traffic (weight & count) o Base material moves, pavement fails ➢ Pavement movement o Surface material slips, folds and buckles ➢ Improper construction technique o Pavement fails prematurely ➢ Temperature variations o Pavement expansion & contraction opens cracks, etc. ➢ Poor Maintenance o Pavement becomes vulnerable to problems Residential Streets PCI Range Unit of Measure Square Yards 0-5 SY 0.8M 6-10 SY 1.2M 11-15 SY 1.0M 16-20 SY 1.0M 21-25 SY 0.9M 26-30 SY 0.8M 31-35 SY 0.6M 36-40 SY 0.5M 41-45 SY 0.5M 46-50 SY 0.3M 50-55 SY 0.2M TOTAL 7.8M Square Yards Square Yards "Poor" Residential Streets 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 0-5 6-10 11-15 16-20 21-25 26-30 31-35 PCI Score 36-40 41-45 46-50 50-55 ➢ Concentration of Residential/Local Streets in the "Serious" to "Failed" PCI Range. Reconstruction/Rehabilitation Candidates Square Yards 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 Square Yards "Poor" Residential Streets iI 1 0-5 6-10 11-15 16-20 21-25 26-30 31-35 36-40 41-45 46-50 50-55 Reconstruction Rehabilitation 8 Other Considerations > In Addition to Pavement: o UTILITIES - N( May need to be adjusted or replaced ✓ Cost in addition to street work o ADA - must bring up to meet standards o TRAFFIC CONTROL - striping and signage Utility Considerations ➢ UTILITY CONSIDERATIONS: o Storm Water Drainage Profile ✓ Surface flow ✓ Ponding issues o Surface Adjustments ✓ Manhole Ring & Cover ✓ Valves, Meters, etc. o Underground Rehab/Replacement (Water, Wastewater, Storm Water & Gas) ✓ Pipes & Manholes ➢ UTILITY IMPACTS: o Significant Utility Related Cost with Street Reconstruction That Could Impact Utility Rates Next Steps ➢ Funding / Resources 11 Residential/Local Reconstruction Discussion 11111 v`'C� OF US c�R's iSTRE Parv:wrivc .e NEE RECONSTRUCTION 4�Q JQ IMFROVE I Extending the life of our streets. AGENDA MEMORANDUM City Council Meeting of March 31, 2015 DATE: TO: March 24, 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 1. Constance P. Sanchez Director 2. 3. Department Financial Services 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 31, 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 — M&O (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 City of Corpus Christi Tax Cap $2.18 $0.68 + voter approved debt M&O + non-voter approved debt <$0.68 M&O - Maintenance and Operations I&S - Interest and Sinking Fund 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 $- Year Ending 9/30 ■ Existing • Future 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 FY $ 29.90 $ 11.94 $ 41.84 FY $ 30.88 $ 12.98 $ 43.86 10 $ 31.70 $ 13.65 $ 45.35 10 Water Debt WATER DEBT TOTAL Water Revenue WATER DEBT PROFORMA 2014-2015 $ 45,427,687 TOTAL EXISTING DEBT SVC 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 $ 10.09 $ 12.36 Total Water Portion of Average Residential Monthly Water Bill Water Portion ilMIN $ 26.49 FY 16 $ 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 STORMWATER FUND DEBT PROFORMA 2014-2015 TOTAL StormWater Revenue $ 17,951,195 TOTAL EXISTING DEBT SVC $ 14,360,956 TOTAL ANTICIPATED FUTURE 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 TOTAL DEBT SVC $ 14,360,956 $ 16,683,584 $ 17,871,943 $ 19,319,118 $ 21,023,625 Portion of Average Residential Monthly Water Bill Due to Stormwater Debt Scv Stormwater Debt $ 6.75 $ 6.97 $ 7.40 $ 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 2016-2017 $ 27,180,096 $32,306,162 $ 38,755,044 $ 21,744,076 $ - $ 18,664,583 $ 18,650,013 $ 7,180,346 $ 12,354,022 $ 21,744,076 $ 25,844,930 $ 31,004,035 Portion of Average Residential Monthly Wastewater Bill Due to Debt Scv Wastewater Debt 20.25 Total Average Residential Monthly Wastewater Bill Monthly Average Wastewater Bill $ 52.23 21.58 NFY 16 $ 57.07 MEW $ 25.85 FY 17 $ 62.43 2017-2018 $ 45,338,869 $ 18,629,639 $ 17,641,457 $ 36,271,096 $ 30.33 FY 18 $ 67.81 2018-2019 $ 54,280,757 $ 18,609,641 $ 24,814,964 $ 43,424,605 FY191 $ 35.83 1FY 19 $ 74.27 13 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 IMF Gas Debt $ 1.50 Total Averaqe Residential Monthly Gas Bill Monthly Average Gas Bill $ 17.14 $ 1.59 $ 17.83 $ 1.76 $ 18.54 FY 18 $ 1.94 FY 19 2.05. 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 Year ending 9/30 • Existing • Future 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 fora 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 I Se I tember 30, 2014 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 ,'$- 0ytiLO ti0ti0 ti5 ti0ti01, • Baseball Stadium • Arena • Seawall ■ TIF 23 Questions AGENDA MEMORANDUM City Council Meeting of March 31, 2015 DATE: March 23, 2015 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, P.E., Executive Director of Utilities MarkVV@cctexas.com (361) 826-1874 Water Rate — Volume 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 Third in a series of presentations that will be delivered to facilitate that review. This presentation addresses the Volumes used in the calculations and our current block rate structure. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Water Rate — Volume Water Rate - Volume Council Presentation March 31, 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 • Volume (Cost — Adjustments) = Unit Cost 45 - C O = 40 - m 35 - - 25 - 20 - 15 - 10 - 5 - or Raw Mater Treatment Plant Transmission Lines Distribution Lines Storm Water 9 Assumptions • Increase in Consumption — Residential and Commercial = 0.0% — Large Volume = 0.0% • Increase in Number of Connections = 1.0% Volume By Customer Classes 40 O 'm 35 30 25 20 15 Raw Water Only Customers 10 - 5 - Raw Water Only... 4 00 1,0'\ � 1501,5y,Lyy ,Oti5 ,LtiO 1 LOti15 LOti) LO,L 15;yy LO1'l' 15; 1 5 LO,v0' LO LtiO 15''\ LO1L55 LOti , 15;1>. 101' ,O' �D ,LO Fiscal Year 40 35 1 co a 0 30 1 25 1 20 15 10 5 Public Agency for Resale Fiscal Year Public Agency for Resale 40 35 1 co a 0 30 1 25 1 20 15 10 5 Outside City Limits Retail Fiscal Year • Outside City Limits (OCL).. v, 40 c 0 co 35 30 25 20 15 10 5 Inside City Limits Retail _®_ Fiscal Year • Inside City Limits (ICL)... Volume By Water System Components v, 40 c 0 co 35 30 25 20 15 10 5 Raw Water - Volume Fiscal Year Raw Water Only Customers Public Agency for Resale Outside City Limits (OCL) Retail • Inside City Limits (ICL) Retail 40 35 1 co c 0 30 25 20 15 10 5 Treatment - Volume Fiscal Year Public Agency for Resale • Outside City Limits (OCL) Retail • Inside City Limits (ICL) Retail 40 c 0 transmission - Volume 35 co 30 25 1 20 15 10 5 Fiscal Year ■ NCWICD #4 & Violet WSC ■ Outside City Limits (OCL) Retail ■ Inside City Limits (ICL) Retail 40 35 1 co c 0 30 1 25 1 20 15 10 5 Distribution - Volume Fiscal Year OCL Residential & Commercial • Inside City Limits (ICL) Retail 40 c 0 Storm Water - Volume 35 co 30 25 1 20 15 10 5 • Inside City Limits (ICL)... O§O 01 04> 00) ti0 `'L N0) ��` `y� tirp til ti ti�N.°)LO '1> '1'L 1?) 'L?` 'tib ti1c5) til ti" 1?) '))C) ' ,'1' ')''i 0 1, 'LO 1, O 'L 1, 'ti0 N' ,LO 1, LO 1, 0 O 'tiL1, LO 1, 'ti0 LO 1, LO 1, 'ti0 LO 1, LO 1, 0 0 'ti'0 'ti Fiscal Year 21 Thousands Number of Customers ICL Residential Trend 2011 2012 2013 • 2014 0 to 2 2 to 6 6 to 10 10 to 15 15 to 30 Volume Billed (1000 Gal) 30 to 50 50 to 100 100 to 1000 Number of Customers 40 ICL Residential Trend 30 25 20 15 10 1 2 3 # of Customers Revenue 4 5 Volume Billed (1,000 Gallons) 6 7 8 $18 $16 $14 $12 $10 $8 $6 $4 - $2 $0 I1 c 0 GJ z a N > N cc 23 Questions? AGENDA MEMORANDUM City Council Meeting of March 31, 2015 DATE: March 4, 2015 TO: Ronald L. Olson, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Briefing on federal legislative outcomes for 113th Congress (2013-2014) STAFF PRESENTER(S): Name 1. Tom Tagliabue OUTSIDE PRESENTER(S): Title/Position Director Department Intergovernmental Relations Name Title/Position Organization None BACKGROUND: The City Council adopted its federal legislative priorities for the 113th Congress on December 10, 2013. Acknowledging the reality of virtual "gridlock" due to the partisan nature of a divided congress, an expected goal of 25% was set for the two annual sessions that make up the 113th Congress. A successful outcome could involve: passage of legislation, defeat of legislation, no legislation being filed, or funding for a particular program supported by the City. Unsuccessful could also mean passage of legislation the City opposed, defeat of legislation the City supported, no legislation being filed, or reduced or no funding for a particular program supported by the City. Partial success could mean passage of legislation, but no funding to implement or it could mean legislation with provisions the City supports, but contains several provisions the City might not support. The 113th Congress earned its reputation as one of the least productive in terms of legislative success. According to an Associated Press article from the December 17, Page 1 of 5 2014, New York Times, stated "The tempestuous 113th Congress has limped out of Washington for the last time, capping two years of modest and infrequent legislating that was overshadowed by partisan clashes, gridlock and investigations." In fact, the 113th Congress performed worse than the infamous 80th Congress from 1947-1948 that President Harry S. Truman called "the do-nothing Congress". Just over 200 bills became law during the past two years, according to congressional data. That was the fewest since at least 1947 and 1948. Overall, the City experienced a successful outcome 17 1/2 of 35 (50 percent) of its legislative priorities during the 113th Congress. See the listing below of the adopted priorities and the description of the successful outcomes. For each of the issues, our Congressman and Senators were notified of the City's position. The City wishes to acknowledge the contributions of the City's federal lobbyist Larry Meyers, Rick Meyers and Dave Davis, who were instrumental in advocating the City's agenda. Tax Policy • Oppose taxation of the interest earned by investors in bonds issued by municipalities and other local governments. • Support the Marketplace Fairness Act authorizing state and local governments to collect taxes owed on Internet and mail-order sales. Successful Outcomes: 1 of 2 Note: Tax-free status of municipal bonds remains, but the Marketplace Fairness Act failed to receive a vote in the House. It is anticipated that Municipal Bonds will be subject to review when Congress undertakes comprehensive tax reform, but that is not anticipated until the next congress. Housing and Urban Development (HUD) • Support increases and oppose further reductions in funding for Community Development Block Grants (CDBG), HOME (Home Investment Partnership) program, homeless programs. Successful Outcome: (partial) 1/2 of 1 Note: HUD reports that the amount dedicated to the Community Development Block Grant (CDBG) formula allocation is $2.8 billion, which is a reduction of $230 million or 7.6 percent for formula allocation purposes in comparison to fiscal year 2014. The funding level for Texas from the HUD Community Development Fund is estimated to be down again from FY 14 levels to approximately $200,849,000, down from approximately $218,497,000 in FY 14. The House had only approved $1.6 billion; the Senate $3.15 billion, thus $2.8 was a partial victory. Appropriations • Support continued funding for existing City grant -recipient programs and monitor legislation impacting those programs. • Encourage Congress to pass annual budgets that prevents cuts required by the Budget Control Act. Successful Outcomes: 1 of 2 Page 2 of 5 Note: Funding for existing City grant programs was not impacted. Congress passed a "cromn/bus"budget bill to fund the U.S. government through the current federal fiscal year except for Homeland Security, which expired on Jan. 1, 2015. Military Installations • Support funding, staffing, and operations for the strategic missions at military installations in the Coastal Bend. • Support efforts to enhance missions, operations, and contracting opportunities to increase their military value. • Support military construction funding as identified by base commanders and personnel. • Oppose furloughs of military and contract employees forced by federal budget sequestration or government shut -downs. Successful Outcomes: 4 of 4 Note: Base Re -alignment And Closure (BRAC) was not authorized. Congress limited furlough days to only six at CCAD and NASCC, and later provided back pay to the employees. CCAD was not impacted by the government shutdown and met its performance goals. The City supported and coordinated with the South Texas Military Facilities Task Force and lobbied Congress and the Pentagon on furloughs, sequestration, military construction, CCAD contracts, and manufacturing and delivery of new training planes at NASCC. Legislation was approved and became law preventing Army Working Capital Fund employees like those at CCAD from being impacted by furloughs as a result of sequestration. CCAD officials report that requested additional infrastructure funding was approved and credited community support and credited work in Washington. Transportation Infrastructure & Development • Support re -authorization of MAP 21, the federal transportation bill for at least five years. • Support a sustainable source of revenue that will provide for stable funding for investment in transportation infrastructure and transit services. • Support continued funding through the appropriations process of the Transportation Investment for Generating Economic Recovery (TIGER) Grant Program. • Support continuation of and funding for the Transportation Infrastructure Finance and Innovation Act (TIFIA). • Support initiatives to fund construction and upgrades of existing highway infrastructure to interstate standards to complete Interstate 69 throughout Texas, specifically supporting an amendment designating State Highway 44 from Freer east to Corpus Christi as a "Future Segment of Interstate 69". • Support federal funding for construction of replacement of the Harbor Bridge (US 181) — a bridge of national significance. • Support funding for railroad system improvements and improve funding to maintenance dredging for the Gulf Intracoastal Waterway to improve the Port of Corpus Christi. Page 3 of 5 • Support funding for freight rail that will improve the rail connectivity and make the rail system safer and more efficient, improve environmental sustainability and encourage competitive rail access to ports. • Support funding for the Federal Aviation Administration and Transportation Security Administration to continue to provide safe and efficient passenger and freight movement. • Support continued federal investment and priority into infrastructure to facilitate freight movement. • Support I-69 being included in the designation of the National Freight Network now under consideration by the federal Department of Transportation. Successful Outcomes: (partial) 51/2 of 11 Notes: Transportation Department and programs were only reauthorized for one year, not the long-term authorization desired. TIGER, TIFIA were retained and Rep. Farenthold introduced legislation to designate SH 44 as a future corridor of 1-69, although it did not pass. Rep. Farenthold has already re -introduced the measure during the 114th Congress. FAA and TSA funding was continued. TxDOT and the CCMPO nominated the Harbor Bridge as a project of regional and national significance, and substantial funding committed. All of the above items remain viable goals. Gulf of Mexico • Support legislation, such as S. 1555/H.R. 3429 (Rigs -to -Reef Habitat Protection Act) or H.R. 6208 (REEFS Act) from 112th Congress, to prevent the U.S. Department of the Interior's destructive Operations Idle Iron program that weakens artificial reef creation. • Monitor Gulf of Mexico fisheries management proposals. • Support implementation of the RESTORE Act. Successful Outcomes: 1 of 3 Note: RESTORE Act implementation remains slow, but one round of funding for the federal bucket was approved and substantial additional funds to the State are anticipated. The City staff prepared and submitted projects for consideration, for whenever such funds become available. Environmental Protection Agency • Oppose overreaching, unrealistic, and unachievable standards and regulations for air, water, wastewater, and stormwater. • When appropriate and when requested, assist state and local governments and local business and industry to secure necessary permits from EPA, USACE or other federal agencies. • Support appropriations to EPA to allow the agency to invest and serve as a partner to municipal governments for construction and rehabilitation of infrastructure to achieve air, water, wastewater and stormwater goals. Successful Outcomes: 2 of 3 Note: The EPA continues to propose new regulations, which are meeting opposition from the industry, states, business groups, and many states. EPA recently reached a deal with the US Conference of Mayors, the National League of Cities and the Nationals Associations of Counties on the definition of "affordable "for wastewater projects. Page 4 of 5 Clean Water Act Renewal • Support renewal/reauthorization of Clean Water Act • Support changes to the CWA that incentivizes investments in municipal infrastructure to achieve improvements in water quality. • Support changes to the CWA that gives cities flexibility to evaluate replacement costs to repair and maintenance costs and determine the most cost-effective, long- term solution. • Support integrated planning initiatives to reduce sanitary sewer system overflows (SSOs). Successful Outcomes: 0 of 4 Note: The CWA was not scheduled to be renewed by Congress in 2013-2014. Water Resources Development Act (WRDA) • Support renewal of WRDA, including repeal of earmark ban. • Support continued funding for the U.S. Army Corps of Engineers (USACE) and ensure strategic utilization of the Harbor Maintenance Trust Fund for maintenance and dredging projects. The Port did obtain substantial funci . Successful Outcomes: 1 oft Note: WRDA was reauthorized by Congress, but Congress did not lift the ban on earmarks. Changes to the Harbor Maintenance Trust fund did not pass. Higher Education • Support funding for academic and scientific research, student financial aid, and other federal initiatives that strengthens Coastal Bend higher education institutions. Successful Outcomes: (partial) % of 1 Note: No additional funding appropriated by Congress for academic and scientific research. Funding levels remained level, and while earmarks remain banned, but competitive grant remained available. Appointments • Support prompt appointment and confirmation of a qualified, permanent U.S. District Judge for the Corpus Christi District to assure due process and equal justice under the law. Successful Outcomes: 0 of 1 The administration made no appointments to federal judgeships in the Corpus Christi District. Flood Insurance • Support amendments to the Biggert-Waters Flood Insurance Reform Act that delays implementation of the National Flood Insurance Program (NFIP) premium increases to consumers and ensures adequate policy coverage at affordable rates. Successful Outcomes: 1 of 1 Note: The Homeowner Flood Insurance Affordability Act passed and became law. LIST OF SUPPORTING DOCUMENTS: None Page 5 of 5