Loading...
HomeMy WebLinkAbout028583 ORD - 04/27/2010Page 1 of 2 ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED TREATED WATER SUPPLY CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND NUECES COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT #4; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager is authorized to execute a revised treated water supply contract between the City of Corpus Christi and Nueces County Water Control And Improvement District #4, a substantial copy of the contract is attached to and incorporated into this ordinance as Exhibit A. SECTION 2. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance isp sed and takes effect upon first reading as an emergency measure on this the c/day of April, 2010. ATTEST: Armando Chapa City Secretary APPROVED: April 13, 2010 R. • ay ming irst ssistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Joe Ad e Mayor 028583 REVISED NCWCID4 TREATED WATER CONTRACT ORDINANCE 04132010.DOC INDEXED Page 2 of 2 Corpus Christi, Texas `day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adagne Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott 028583 REVISED NCWCID4 TREATED WATER CONTRACT ORDINANCE 04132010.DOC TREATED WATER SUPPLY CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND NUECES COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT No. 4 THE STATE OF TEXAS § § COUNTY OF NUECES § This Contract for the supply of treated water, made as of this day of April, 2010, by and between the City of Corpus Christi (City"), a Texas home -rule municipal corporation, whose address is P.O. Box 9277, Corpus Christi, Texas 78469-9277, and acting through its duly authorized City Manager, or the City Manager's designee ("City Manager"), which owns a regional water supply system that provides untreated raw water and treated water to municipal and industrial customers, and Nueces County Water Control and Improvement District No. 4 ("District"), a conservation and reclamation district and political subdivision of the State of Texas, created by the State of Texas under Article XVI, Section 59, Texas Constitution, and Article 8280-145, Vernon's Civil Statutes, whose address is 315 South 9th Street, Port Aransas, Texas 78373, acting by and through its duly authorized representative ("District's Representative"). This Contract amends the treated water contract dated January 5, 1978, between the parties to this Contract, including the addendum identified as Exhibit A; and is the only agreement of the parties relating to the sale, delivery, and use of treated water. Any prior understandings or written or oral agreements between the parties relating to the sale and use of treated water are superseded by this contract. The District wants to continue to divert and use treated water for resale for municipal purposes, and the City desires to continue allowing or otherwise facilitating the delivery and use of treated water by the District. In consideration of the above recitals and the mutual promises, covenants, and agreements in the Contract, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. Term. This Contract becomes effective on May 1, 2010, and continues in force and effect for a period of thirty (30) years. 2. Use and Quantity of Water. a. The City agrees to allow the District to use consumptively, treated water for municipal purposes, and to pay for, in the quantity as may be required ,by the District, but not exceeding the total of gallons in a calendar year (January 1 to December 31) set forth on Exhibit "A" attached hereto and made a part hereof as -if set forth in full, and at Page 1 of 14 NCWCID #4 -TREATED WATER SUPPLY CONTRACT -04262010 jh.doc a maximum rate of not more than the daily, monthly and annual flows set forth on said Exhibit "A". Exhibit "A" shows flow requirements for the District based on population projections provided by the Texas Water Development Board. The City and the District will update Exhibit "A" every ten (10) years, which updated exhibit shall become a part of this contract the same as if originally made a part thereof. It is the intent of the City to provide the District with an adequate amount of fresh potable water to allow for the future growth in the District including those areas of the District that are within the city limits of the City of Corpus Christi. b. However, if an emergency situation arises, the City may deliver additional treated water. The City's Director of Water Operations will determine how long the extra deliveries will last, the rate at which deliveries will be increased, and whether the increased deliveries will exceed the maximum annual flow during a calendar year. Additionally, if an emergency situation arises, the City may reduce the amount of treated water that it delivers to the District. The City's Director of Water Operations will determine how long the reduction in deliveries will last, the rate at which deliveries will be decreased, and advise the District. Any reduction in the delivery will proportionately reduce the minimum amount of treated water that the District must take and pay for under this agreement during the calendar year in which the deliveries are decreased. c. Except as provided in subparagraph 2.b., if the District's projected needs for treated water are expected to exceed the daily, monthly and/or annual flows as shown on Exhibit "A", then in that event, the District will notify the Director of Water Operations of the District's needs at least 30 days prior to date on which the increased deliveries are needed. The Director of Water Operations will determine whether there is sufficient capacity within the system to allow an increased rate of delivery after considering the City's planned needs and the needs of its other water customers. The Director of Water Operations will determine whether water can be delivered at an increased rate and the rate to which deliveries will be increased, and notify the District's Representative of the decision. d. The District may request an increase in the amount of treated water delivered in a year based on the extent of the uncommitted water available. The City will consider the City's planned needs, the needs of its other water customers, and the needs of other communities in the region before committing to any increase in the Customer's annual deliveries. However, the City is under no obligation to authorize an increase in the annual deliveries. In the event an increase in the annual deliveries is authorized, this contract must be amended in writing to show the amount of increased deliveries and the proportionate increase in the minimum amount of treated water the District must take or pay for. e. Actual current and projected future deliveries are shown on Exhibit "A" attached to and incorporated into this Contract. f. Title to and possession of the treated water passes to the District at the point of delivery. Page 2 of 14 NCWCID #4 -TREATED WATER SUPPLY CONTRACT-04262010-jh.doc g. Any return flows to the local bays and estuaries inure to the benefit of the City, and may be credited toward the City's obligations under the TCEQ Agreed Order of April 28, 1995, which amended the operational procedures relating to Special Condition 5.B, Certificate of Adjudication No. 21-3214, and the Certificate of Adjudication. The City recognizes that the District has reuse agreements with customers of the District to sell a portion of the District's effluent. Notwithstanding anything to the contrary contained herein, the City and the District agree that this contract does not prohibit the reuse of effluent by the District. In the event a special condition causes the City to cut back on the amount of reuse a reuse customer of the City can receive, then, in that event, the District shall cause its reuse customers to cut back the amount of effluent they receive proportionately, unless such a cut back would violate any existing reuse agreements it has. The District agrees that any reuse agreements entered into by the District after the effective date of this agreement will contain a provision providing for the reduction of the amount of affluent that can be taken pursuant to the agreement in the event of a special condition requiring the City to cut back on the amount of effluent a reuse customer can take. 3. Point of Delivery. The City will deliver the treated water to the existing delivery point at the District's facility north of the City's fire station adjacent to Mustang Island State Park, and at any other points the City and District agree to. 4. Measurement of Treated Water. a. The treated water delivered under this Contract must be measured in U.S. standard gallons by a suitable water meter or meters to be installed and maintained by the City at the point of delivery, which shall be accurate within 2%, either plus or minus. The City's Director of Water Operations may specify the type of meter or meters to be used and the installation design of the meter or meters. Checks as to the accuracy of the meter or meters will be made annually by the Director of Water Operations, at the District's expense. The City's Director of Water Operations will notify the District's Representative in writing 10 days in advance of all annual checks and tests in order that the District may have a representative present as a witness. (1) If either the City's Director of Water Operations or District's Representative, at any time, notifies the other that it desires a special test of any meter, the parties will cooperate in arranging for a special test to be made by the City. (2) The expense of the special test of the meter or meters will be paid by the party requesting the test. (3) If, on any test, the meter tested is found to be inaccurate by an amount exceeding 2%, either plus or minus, then any previous readings of the meter will be corrected for any period of inaccurate measurement, which is definitely known or agreed upon, but no correction will extend back over a period beginning more than 30 days prior to the time when the inaccuracy was first made known by either party to the other. Page 3 of 14 NCWCID #4 -TREATED WATER SUPPLY CONTRACT-04262010-jh.doc (4) If, for any reason, the meter or meters are out of service so that the volume of treated water delivered cannot be ascertained or computed, the treated water delivered during the period the meter or meters are out of service will be estimated by the City's Director of Water Operations, in consultation with the District's Representative, upon the basis of the best data available. b. The City will read the meter or meters on or about the last day of each month and will determine from these readings the amount of treated water delivered to the District. All meter readings will be made available to the District's Representative during the City's office hours. 5. Price of Treated Water. a. The price to be charged for treated water sold by the City to the District is the published rate for water service established by City ordinance, including the public agency for resale treated water volume rates for water delivered through City -owned facilities. The published rate at the origination of this agreement will be calculated utilizing the format developed by the rate consultant for the City and the rate consultant used by the District. The rate model is set forth on a disk approved by the City Manager for the City and the District Manager for the District, and is attached hereto as Exhibit "B" and made a part hereof as if set forth in full. The rate model is a full cost of service rate model and is the same model used and approved by the parties to this contract for the 2009-2010 fiscal year for the City. The raw water cost adjustment ("RWCA") will be calculated on an annual basis, and determined by dividing budgeted costs of raw water and required debt service coverage and reserves, including, but not limited to, reserves for capital equipment repairs and replacement and for acquisition related to new or additional water supplies, by the projected sales of the system. The reserves included in the RWCA for debt service coverage and/or capital equipment repair and replacement will be subject to the same limitations and provisions as the reserves included within the treated water rate model. Further, the reserves for the acquisition related to new or additional water supplies will be accounted for by the City in a separate and distinct City General Ledger interest bearing account, and all interest earnings will inure solely to the benefit of the reserve account. The RWCA will be adjusted on a yearly basis to account for differences in volumes used in the prior calculation and the actual volume of water sales for that year, and for difference in budget to actual costs. Changes in the raw water cost adjustment will be calculated automatically and billed to the District and all other raw water customers in a consistent and uniform manner by the City. City and the District agree that City shall have the right to change its method of billing or the rate model set forth on Exhibit "B", but only if the new rate model adheres to the general principles underlying the methodology previously agreed to by both parties for calculating Wholesale Water Rates, and in particular the calculation of Wholesale Water Rates shall incorporate the following principles: • Calculated using the cash basis of revenue requirement determination; Page 4 of 14 NCWCID #4 -TREATED WATER SUPPLY CONTRACT-04262010-jh.doc • Industry standards, as promulgated by the American Water Works Association ("AWWA") and codified in the AWWA M1 Manual, will be used in calculating rates; • No costs associated with the City's storm water utility will be included in the Wholesale Water Rate and recovered from the District, including any funds needed to meet storm water debt service coverage requirements; • The City will be permitted to establish and maintain an operating reserve with a target amount of 25% (i.e., 3 months) of annual operating expense for the fiscal year of rate determination; • The City will be permitted to establish and maintain a capital replacement reserve for the water utility equivalent to 2% of the current Capital Improvements Program; • The City will be permitted to recover sufficient funds within the rates to generate debt service coverage equal to 1.35 times the then current annual debt service requirement; • Water loss at the individual service function levels (i.e., raw, treatment, network, distribution, etc.) will be recognized in calculating rates, and the District will not be charged for any water loss attributable to customers taking service at the distribution level; • Debt service and debt service coverage will be recognized and calculated at the individual water utility service function levels (i.e., raw, treatment, network, distribution, etc.); • To calculate the billing determinant volumes to be used in the calculation of wholesale water rates, the City will use a three-year average of billed water consumption per connection, adjusted for known and measureable changes, applied to the anticipated number of connections for the fiscal year; and, • To determine system loss for rate calculation purposes, the City will use a three- year rolling average of actual loss on the city's distribution system to calculate loss from the distribution system. 0.5%, 2.0%, and 1.5% will be used for diversion loss, treatment loss, and network loss, respectively, until such time as the City develops sufficient data to quantify the actual losses experienced at these functional levels. b. The actual methods for computing the untreated raw water cost adjustment is established in a written policy filed with the City Secretary. A copy of the current policy is attached as Exhibit "C". The City's Director of Water Operations will provide the District's Representative with a copy of any modifications to the policy, which will then be attached to this Contract as the new Exhibit "D". c. When the City intends to change the rate, the City shall give the District notice of the proposed change, and any information necessary to evaluate the proposed rate thirty Page 5 of 14 NCWCID #4 -TREATED WATER SUPPLY CONTRACT-04262010-jh.doc (30) days before the change is to take effect. The District shall give good faith consideration to the proposed new rate and shall attempt to provide the City with its comments on the proposed change not later than fifteen (15) days before the proposed change is to take effect. The City shall give good faith consideration to the District's comments, and may institute the new rate on the date the change is scheduled to take effect. 6. Fixed Minimum Obligation. a. The District is obligated to purchase, and pay for, an average of 25 million gallons of treated water in each billing month calculated on a calendar year (January 1 to December 31) during the term of this Contract or any renewal or extension of this Contract, regardless of the amount of treated water used. b. If the payment due the City from the District for treated water withdrawn during the billing period under consideration exceeds the minimum, then payment must be made for the amount of water billed by the City to the District. c. If the payment which would be due on the basis of treated water delivery is less than the minimum, then the said minimum is nevertheless the amount due. This minimum amount is intended to cover the cost of meter readings, testing, billing, construction and operation of the water treatment and transmission systems, and other costs, which will continue whether any treated water is withdrawn by the District. d. The District shall not be responsible for payment of the fixed minimum in any billing month caused by an act or acts of God, unavoidable accident, acts of enemies, strikes, fires, floods, vandalism, conservation of water, scheduled maintenance of the District's transmission system, or by the City's inability to provide the water needed by the District. In the event the District is responsible for the minimum payment provided for herein and is not able to take the minimum amount of treated water due to an act or acts of God, unavoidable accident, acts of enemies, strikes, fires, floods, vandalism, conservation of water, scheduled maintenance of the District's transmission system, or by the City's inability to provide the water needed by the District, then, in that event, the minimum payment will be prorated for the month in which one or more of these events occurs for the number of days that the District cannot take the minimum amount of treated water from City, and the District will pay the fixed minimum on the remainder of the days of the month. e. Notwithstanding anything to the contrary contained herein, minimum costs shall include the cost of the treated water as well as the raw water cost adjustment referred to hereinabove. 7. Billing. a. All treated water taken in any one calendar month will be billed between the first and tenth of the next succeeding calendar month, and the District will.pay the bill within 10 days of the receipt of the bill. Any clerical error in the bill or question regarding the bill is not sufficient grounds to delay payment by the District to the City. Any questions will be Page 6 of 14 NCWCID #4 -TREATED WATER SUPPLY CONTRACT-04262010-jh.doc properly settled under the terms of this Contract and by the agreement of both parties. Any adjustments in the amount paid as a result of the agreement will be added to or deducted from the following month's bill. b. Any failure by the District to pay the monthly billing within 90 days after the billing date is a "default" under Section 14 of this Contract. In the event it becomes necessary to collect the charges, through any Court procedure, the City is entitled to also recover reasonable attorney's fees. If the District fails to pay its water bills, the City may require the payment in advance of each monthly water bill based on the District's previous bill plus a deposit, as a condition to furnishing treated water to the District. 8. Restrictions on Resale. a. It is understood that the District contemplates selling the treated water obtained under this contract to its customers, some of whom will sub -meter or resell the water to others. The District agrees that it will not sell water to future customers unless they comply with the District's Utility Water and Sewer Service Agreements. The City agrees that it cannot provide treated or raw water to customers located within area described in the District's Certificates of Convenience and Necessity without the express written consent of the District. b. The District agrees to bind its future customers and its existing customers upon contract renewals to the terms of this contract and to request its existing customers to honor all conditions of this contract until their contract with the District is renewed. All resale agreements, both future and existing, shall ensure that the provisions of Section 11 of this contract, Water Conservation and Drought Contingency Measures, are included in the resale contracts. 9. Alternative Supplies. Nothing in this Contract prohibits the District from obtaining treated water from San Patricio Municipal Water District or from developing alternative supplies of treated or raw water but only to the extent that the alternative supply exceeds the amount of water that the City is obligated to provide under this agreement. 10. Water Rights. It is mutually agreed and understood that Lake Corpus Christi and Choke Canyon Reservoir waters, any currently developed ground water, water acquired by the City from the Lavaca-Navidad River Authority, water rights obtained from the Garwood Irrigation Company, and other future waters, whether surface waters or ground waters, obtained by the City, which are not under Contract to others, and which are owned by the City, may be used to supply water during the time this Contract remains in force. Further, that this Contract is subject to the City's responsibility and obligation to provide water to municipal and industrial consumers within the Corpus Christi city limits and other municipal and industrial consumers outside its city limits. Subject to Section 11, Water Conservation and Drought Contingency Measures, the City binds and obligates itself, however, to take the necessary actions within its power and to make the necessary applications to obtain whatever additional water rights as may be necessary to adequately meet the needs of its existing contracts, this Contract, and any future contractual obligations of the City. It is also mutually agreed and Page 7of14 NCWCID #4 -TREATED WATER SUPPLY CONTRACT-04262010-jh.doc understood that this Contract is subject to the jurisdiction of the Texas Commission on Environmental Quality ("TCEQ"), any successor agency, or any other regulatory authority that may have jurisdiction over the matters. The District agrees to support any future City requests to the TCEQ or other regulatory authorities for permission to acquire water rights or provide water to the District and other customers. 11. Water Conservation and Drought Contingency Measures. a. The District acknowledges the terms of the TCEQ Agreed Order of April 28, 1995, which amended the operational procedures relating to Special Condition 5.B, Certificate of Adjudication No. 21-3214, and the City's responsibilities under both the Agreed Order and the Certificate of Adjudication. The District recognizes that the Agreed Order and Certificate of Adjudication may be amended in the future. The agreed order requires the City to provide in any future contracts or any amendments, modifications, or changes to existing contracts the condition that all wholesale customers and any subsequent wholesale customers must develop and have in effect a water conservation and drought management plan consistent with the City plan as required by the TCEQ rule. Therefore, the District agrees that during the term of this contract, it shall have in effect a water conservation and drought management plan consistent with the City's plan, including any changes adopted by the City. The District also agrees to bind future customers and its existing customers upon contract renewals to develop and have in effect a water conservation and drought management plan consistent with the City plan. b. If the City implements any measures under it Water Conservation and Drought Contingency Plan, adopted under Section 55-156 of the Code of Ordinances for the City of Corpus Christi, the District shall within 30 days of notice of any changes to the plan or the implementation of any restrictions, surcharges, or rationing by the City, impose similar restrictions, surcharges, or rationing measures on its customers. Any contract for the resale of water furnished by the District shall contain a similar condition. If for whatever reason the District, or its customer, is unable or unwilling to impose the required restrictions, surcharges, or rationing measures within the required time period, the District, or its customer, shall reduce its consumption of water from the system as follows: (1) During Condition I -- Water Shortage Possibility, deliveries from the system shall be reduced by 10% from the average deliveries for the same month of the year over the previous three years. (2) During Condition II -- Water Shortage Watch, deliveries from the system shall be reduced by 20% from the average deliveries for the same month of the year over the previous three years. (3) During Condition III -- Water Shortage Warning, deliveries from the system shall be reduced by 30% from the average deliveries for the same month of the year over the previous three years. Page 8 of 14 NCWCID #4 -TREATED WATER SUPPLY CONTRACT-04262010-jh.doc (4) During Condition IV -- Water Shortage Emergency, deliveries from the system shall be reduced by 60% from the average deliveries for the same month of the year over the previous three years. c. If for whatever reason the District, or its customer, is unable or unwilling to impose the required restrictions, surcharges, or rationing measures within the required time period, but relies upon other sources of water for all or a portion of its water requirements, the District, or its customer, agrees not to request an increase in the amount of water being diverted from the system should the District's, or its customer's, other source(s) of water fail to continue to yield the amounts of water anticipated. d. To the extent that the TCEQ or other regulatory agency requires rationing of water in a manner stricter than that imposed by the City, the District will comply with the stricter method of rationing water. e. The District shall furnish a copy of any ordinances, orders, or rules adopted by it or its customers that is adopted to implement the required restrictions, surcharges, or rationing measures within the applicable jurisdiction. If for whatever reason the District, or its customer, is unable or unwilling to impose the required restrictions, surcharges, or rationing measures, the City may audit the records of the District to ensure that the District or its customer has reduced its deliveries by the amount required by this paragraph, and upon determining that either the District or its customers have not reduced that amount of water taken, the City may unilaterally implement reduced water deliveries as specified in Section 11.b. of this Contract. f. The failure of the District to comply with this Section of the Contract is a "default" under Section 15 of this Contract. 12. Corpus Christi's and District's Right to Sell. a. The City retains the right to sell treated water at points and to customers that are located either within or outside of the boundaries of the District on Mustang and Padre Islands that are south of the delivery point, consistent with applicable law. b. The District retains the right to sell treated water at points and to customers that are located either within or outside of the boundaries of the City on Mustang Island and all other customers that are north of the delivery point, consistent with applicable law. c. The District shall maintain, operate, and repair the portions of the water mains and related facilities constructed by the District that are north of the delivery point. d. The City shall maintain, operate, repair and upgrade as needed those portions of the water mains and related facilities constructed by the either the District or the City that are south of the delivery point in order to insure that the City can continue to provide an adequate supply of water to the District. In conjunction with its operation and maintenance of the water mains south of the delivery point, the City shall furnish a fresh supply of potable water to the District using its water supply transmission infrastructure located on Padre and Mustang Island. Page 9 of 14 NCWCID #4 -TREATED WATER SUPPLY CONTRACT-04262010-jh.doc e. City and District agree that the price of water billed to the District will not include any costs or charges for the collection and transmission of storm water within the city limits of the City of Corpus Christi. Provided however, that the City reserves the right to charge a storm water fee in the future to those customers of the District whose properties are located within the city limits of the City. 13. Force Majeure. If the City or District is prevented, wholly or in part, from fulfilling its obligations under this Contract by reason of any act of God, unavoidable accident, acts of enemies, strikes, fires, floods, rationing, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances reasonably beyond its control, then the obligations of City or District, as provided in this Contract, are temporarily suspended during continuation of the force majeure. No damage is recoverable by the District from City by reason of the temporary suspension of delivery of water due to any of the causes above mentioned. If the City's obligation is affected by any of the causes, the City will promptly notify the District's Representative in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 14. Resolution of Rate Disputes. In the event of any dispute as to the rates being charged, the City and the District agree that the dispute will be appealed to the TCEQ, under applicable TCEQ rules, to the extent that the TCEQ has jurisdiction over the issue. The City and the District agree to cooperate to satisfy any jurisdictional requirements that the TCEQ may require for it to determine the rate. In the event that the TCEQ or another dispute resolution agency of the State of Texas fails or refuses to hear an appeal of the wholesale water rate charged by the City, then, in that event, the District can contest the proposed wholesale water rate in the appropriate court in Nueces County, Texas. 15. Remedies Upon Default. a. If either party determines that the other party is in default under this Contract, the party claiming default by the other party shall give written notice to the other party, which states specifically the nature of the default and the remedy for the default that the party intends to seek. The notice must be mailed to the defaulting party at the address provided in Section 18 of this Contract. The defaulting party has or will have ninety (90) days in which to cure the default, or if the default cannot be reasonably cured within the ninety (90) day period, the defaulting party shall use reasonable efforts to undertake to cure the default within the ninety (90) day period. If the defaulting party does not cure the default and reimburse the party not in default for any and all costs incurred as a result of the breach within ninety (90) days, or if the default cannot be reasonably cured within the ninety (90) day period, if the defaulting party does not use reasonable efforts to undertake to cure the default and reimburse the party not in default for any and all costs incurred as a result of the breach within the ninety (90) day period, the party claiming default may seek any remedy available at law or equity, including an action in mandamus or for specific performance. Page 10 of 14 NCWCID #4 -TREATED WATER SUPPLY CONTRACT-04262010-jh.doc b. No waiver of any breach or default by any party or of performance may be deemed a waiver in the future, nor may any waiver be deemed or construed to be waiver of subsequent breach or default of any kind, character, or description, under any circumstances. c. However, the right to cure a default may not prevent the City from enforcing Section 11 of this Contract if the City has imposed water conservation measures upon its residents. 16. Assignment. This Contract may not be assigned by the District without the prior written consent of the governing body of the City, which consent will not be unreasonably withheld. 17. Authority to Execute. Both parties represent that the individual signing this Contract on behalf of each of the parties has been duly authorized to execute this Contract by proper ordinance or resolution of its governing body (e.g., the City's City Council and the District's Board of Directors), and certified copies of the authorizations have been provided to the other party for attachment to this Contract. The City's authorization shall be Exhibit "E", and the District's authorization shall be Exhibit "F". 18. Notices and Addresses. Any notice, communication, or statement required to be given pursuant to this Contract will be in writing and deemed to have been received when delivered in person or three (3) days after mailing if sent by certified mail, postage prepaid, return receipt requested, to the address of the respective party indicated below: City of Corpus Christi Water Department Attn.: Director of Water Operations 2426 Holly Road Corpus Christi, Texas 78415 Phone: (361) 826-1689 Fax: (361) 826-4326 Nueces County Water Control and Improvement District No. 4 Attn.: District Manager 315 South 9th Street Port Aransas, Texas 78373 Phone: (361) 613 6521 749-5201 Fax: (361) 643-9093 749-5799 19. Regulatory Agencies. The District and City agree that the effectiveness of this Contract is subject to the jurisdiction of the TCEQ and is dependent upon compliance with the regulations in Title 31, Texas Administrative Code, Chapter 295 and 297, Subchapter J., and any amendments thereto. 20. Periodic Review of Contract Provisions. Page 11 of 14 NCWCID #4 -TREATED WATER SUPPLY CONTRACT-04262010-jh.doc (a) The District and City shall review the terms of this Contract whenever a change in circumstances may require an amendment, but shall review the Contract at least every five (5) years to determine whether any changes should be made. (b) The review of the Contract will include use of a cost of service study based on the generally accepted principles for rate setting, recognizing that the cost of raw water adjustment used in this Contract was specifically tailored on a cash basis, with use of a depreciation factor for major capital expenditures not made with borrowed funds. It does not include a rate of return normally used in a utility basis system. The American Water Works Association's "Water Rates" (M-1) publication will be used as a reference in this review. The review will be used to ensure that all water customers do not pay Tess or more than their proportional share of costs based upon total raw water sales, and that public agency for resale customers taking water delivered through City -owned facilities do not pay less than their proportional share of costs based upon sales of treated water delivered through City network facilities, and to ensure the District does not pay more than a just and reasonable rate for the water diverted. Notwithstanding anything to the contrary contained herein,any change in methodology must be approved by the District. 21. Severability. In case any one or more provisions contained in this Contract is for any reason held to be invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability does not affect any other provision of this Contract, and this Contract will be construed as if the invalid, illegal, or unenforceable provision had never been contained in this Contract. 22. Captions. All titles of the sections of this Contract have been inserted for convenience of reference only and are not considered a part of this Contract and in no way will they affect the interpretation of any provisions of this Contract. 23. Modifications. Any amendments, or alternative or supplementary agreements, to this Contract must be made in writing and duly executed by an authorized representative or agent of each of the parties to this Contract. 24. Parties at Interest. This Contract is for the sole and exclusive benefit of the parties, and shall never be construed to confer any benefit on any third party. This Contract will be binding upon and inure to the benefit of the parties and their respective successors and assigns where permitted by this Contract. 25. Texas Law to Apply. This Contract will be construed under and in accordance with the laws of the State of Texas. 26. Venue. Any action or proceedings relating to this Contract must be taken in Nueces County, Texas. The parties agree that the courts in Nueces County, Texas, shall have exclusive jurisdiction over this agreement. 27. Prior Agreements Superseded. This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Page 12 of 14 NCWCID #4 -TREATED WATER SUPPLY CONTRACT-04262010-jh.doc 28. All Agreements Contained in this Written Instrument. This Contract represents the entire agreement between the District and City and supersedes all prior negotiations, representations, or agreements either oral or written. The parties have executed this Contract in multiple counterparts, each executed copy shall be considered as an original, by their respective duly authorized representatives, this day of , 2010 and is effective on May 1, 2010. THE "DISTRICT" ATTEST NUECES COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT No. 4 By: By: Denise Fox Mark Young Finance Director District Manager APPROVED this day of April, 2010. Charles W. Zahn, Jr. District's Attorney ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of April 2010, by Mark Young, District Manager, Nueces County Water Control and Improvement District No.4, a political subdivision of the State of Texas, on behalf of the district. NOTARY PUBLIC — STATE OF TEXAS Page 13 of 14 NCWCID #4 -TREATED WATER SUPPLY CONTRACT-04262010-jh.doc THE "CITY" ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa 'Angel R. Escobar City Secretary City Manager APPROVED: day of April, 2010. R. Jay Reining First Assistant City Attorney For City Attorney ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of April, 2010, by 'Angel R. Escobar, City Manager, City of Corpus Christi, on behalf of the municipal corporation. NOTARY PUBLIC — STATE OF TEXAS Page 14 of 14 NCWCID #4 -TREATED WATER SUPPLY CONTRACT-04262010-jh.doc Exhibit A These volumes are base on the 2009 Nueces County Water Control and Improvement District Water and Wastewater Facilities Master Plan using population projections established by the Texas Water Development Board. The District will periodically revise these projected volumes and draft rates as deemed necessary for the City to plan and improve existing infrastructure. MAXIMUM VOLUMES MAXIMUM DRAFT RATES Year Monthly Max (MG) Annual Max. (MG) Gallons / Hour (x 1000) Daily (MG/D) 2010-14 131 1168 191 4.22 2015-19 164 1450 240 5.31 2020-24 193 1703 284 6.28 2025-29 221 1949 327 7.23 2030-34 249 2190 369 8.15 2035-40 277 2431 411 9.08 These volumes are base on the 2009 Nueces County Water Control and Improvement District Water and Wastewater Facilities Master Plan using population projections established by the Texas Water Development Board. The District will periodically revise these projected volumes and draft rates as deemed necessary for the City to plan and improve existing infrastructure. City of Corpus Christi Raw Water Cost Calculations Procedures To be filed with City Secretary Revised Oct. 22, 2009 Policy Objective: To ensure all water customers pay for the costs of raw water in direct proportion to their relative share of system water used. Overview of Procedure: A raw water cost per 1,000 gallons is computed annually (RWCA). The cost is determined by dividing all applicable budgeted raw water costs by the total projected amount of water diverted based on a three year average, adjusted for water losses and expected changes in customer base and use patterns. The RWCA is computed using the City's Utility Rate Model. The components of the calculations are as follows: Raw Water Costs (Approved Annual Budget amounts): (1) LNRA Firm Water Purchases. These are the scheduled payments to the LNRA each year for firm water purchases. (2) LNRA Interruptible Water Purchases. Up to 12,000 acre-feet of water per calendar year may be available for purchase based on Lake Texana conditions. Per our agreement with LNRA, City will purchase it when available. Because interruptible water is measured on a calendar year, it is possible to purchase more than 12,000 acre-feet in a fiscal year, but this is unpredictable. 12,000 acre-feet is used for budget purposes. (3) NRA 0 & M Annual contracted amount paid to Nueces River Authority. (4) Bureau of Reclamation for Choke Canyon Dam. Scheduled principle and interest payable on Choke Canyon Dam. (5) Principal & Interest on Debt Service in proportion applicable to Raw Water. Scheduled principle and interest payable to the Nueces River Authority, Lavaca- Navidad River Authority, Utility Revenue Bonds, and any other debt issued, applied at the rate at which raw water projects were a proportion of total debt issue. (6) Public Works Group. The Public Works Group includes the Assistant City Manager and other staff support associated with public utility activities, applied in proportion to its application to raw water activities. (7) Other Interfund Charges. Includes items such as fleet purchases, Purchasing allocation, and General Fund Administrative Services Transfer in proportion to its application to raw water activities. Exhibit (8) Water Superintendent. Applied in proportion to its application to raw water activities. (9) Water Utility Support Services Group. Payroll, accounts payable, & similar tasks applied in proportion to its application to raw water activities. (10) Water Supply Development. All activity applies to raw water costs. (11) Environmental Studies. All such activity in the Water Dept. applies to raw water costs, and includes outside professional services. (12) Capital Outlay. At the discretion of the City, items with an acquisition cost greater than $100,000 which are not financed through debt may be amortized over their depreciable useful life in the RWCA. (13) Wesley Seale Dam Operations & Maintenance. These are operating costs of the dam and city -owned property at Lake Corpus Christi. (14) Choke Canyon Operations & Maintenance. These are operating costs of Choke Canyon Reservoir. (15) Lake Texana Operations & Maintenance. These are costs of operating the Mayor Mary Rhodes Pipeline and pumping stations. (16) Rincon Bayou Pump Station Operations & Maintenance. Delivers water directly from Nueces River to Delta. (17) Supplemental Water Sources. Operating and R&D expenses associated with groundwater and other supplemental sources of water supply. Offsetting Revenues (Approved Annual Budget amounts): (18) Interest Income Earned on NRA Bonds. Represents interest income from an interest-bearing security deposit required as a covenant of the NRA bond issue. (19) Property Rental Revenue. Revenues earned from general property rental and fees at Choke Canyon or Lake Corpus Christi. (20) Oil and Gas Leases Revenues. Revenues earned from oil and gas leases at Choke Canyon or Lake Corpus Christi. (21) Reimbursements of Costs by Other Governments/Agencies. Any raw water costs directly reimbursed by another entity. Other factors: (22) Drawdown or addition to Reserve. A raw water reserve has been established as security against large swings in consumption or costs in relation to projections. Additions to or drawdowns on the reserve are at the discretion of management, and are used to help manage the RW rate. (23) Increase over Cost of Service for coverage. Revenue bond covenants require current year revenues cover a certain percentage of debt service, usually 1.25 times. City target is 1.35 times coverage. (24) Operating Fund Balance. City will target 90 days of budgeted operating and maintenance costs to be maintained in Water operating fund unrestricted fund balance. This fund balance is intended to provide for unplanned, unbudgeted expenses and revenue shortfalls. (25) Capital Reserves. After fiscal year-end, unrestricted fund balance in the operating fund in excess of 90 days budgeted operating and maintenance costs will be transferred to Capital Reserves funds in proportion to debt service coverage allowance included in each cost center for rate calculation. A minimum level of $2 million is targeted for Water's combined Capital Reserves. This minimum level may be used for emergency capital repairs. Amounts above the minimum are intended for cash funding of capital projects. (26) Rate payers' Credit for Levelized Choke Canyon Debt Payments. The Choke Canyon Reserve Fund was established to levelize the escalating payments to the Bureau of Reclamation. This reserve was created by establishing a levelized payment of $3.245 million as a budgeted Water Fund expense each year. The reserve was built in the initial years when the scheduled debt service payments were less than the budgeted $3.245 million. Now, as the payments are larger than that, the difference in debt service payments are paid out of the Reserve Fund. Since the Reserve Fund was funded by rate -payers, and was completely funded prior to the institution of a Raw Water Cost Adjustment, only rate -payers receive the credit to their RWCA for use of the Reserve Fund. The annual credit equals scheduled principal and interest payments less $3.245 million. (27) Imputed Interest. The City carries the costs of capital projects through cash in its Combined bank account until Revenue Bonds are issued for permanent financing. There is a lost cost to City residents as these funds cannot be invested. Imputed interest is calculated at the prior 12 -month pooled fund interest rate, applied to raw water projects not yet permanently funded, and using the assumption that project costs are incurred evenly throughout the year. Imputed Interest is charged in RWCA only to OCL customers. Projected Sales: Three years of billing data is entered into the Utility Rate Model and averaged. A new year of billing data may not be added every year, but overall sales volume will be adjusted in the model based on expected changes in customer base (number of customers) and use per connection. In addition, water losses will be 3 applied to the consumption data by level of the water system responsible for the loss, so that the volume used in calculating the RWCA rate applies RW costs to actual gallons leaving the RW system and going forward directly to customers or entering the treatment system. Because this applies RW costs to more gallons than are billable, lost revenues due to water losses are included as costs to be recovered in rates charged for later levels in the water system (e.g. raw water costs not recovered through RWCA due to network losses are included as costs to be recovered through rates charged to network customers; raw water costs not recovered through RWCA due to distribution losses are included as costs to be recovered through rates charged to distribution customers.) 4 City of Corpus Christi Raw Water Cost Calculations Detailed Procedures To be filed with City Secretary, As required under City Code Sec. 55-50 (b) Aug 28, 2009 Policy Objective: To ensure all water customers pay for the costs of raw water in direct proportion to their relative share of system water used. Overview of Procedure: A raw water cost per 1,000 gallons is computed annually. The cost is determined by dividing all applicable budgeted raw water costs by the total projected amount of water diverted. An annual adjustment is worked into raw water cost to apply differences between budgeted and actual costs, and projected and actual water consumed of the prior year. Components of the calculations are as follows: Raw Water Costs: Ratepayers Non - Ratepayers (1) LNRA Firm Water Purchases $xxxx (2) LNRA Interruptible Water Purchases $xxxx (3) NRA — O & M per contract $xxxx (4) Bureau of Reclamation for Choke Canyon $xxxx (5) Principal & Interest on Debt Service in $xxxx proportion applicable to Raw Water (6) Garwood Water Rights $xxxx (7) Public Works Group $xxxx (8) Other Interfund Charges $xxxx (9) Water Superintendent $xxxx (10) Water Utility Support Services Group (11) Water Supply Development $xxxx (12) Environmental Studies $xxxx (13) Capital Outlay Items $xxxx (14) Wesley Seale Dam Operations & Maintenance $xxxx (15) Choke Canyon Reservoir Operations & Maint. $xxxx (16) Lake Texana Operations & Maintenance $xxxx (17) Rincon Bayou Pump Station Operations & Maintenance (18) Supplemental Water Sources $xxxx Subtotal Less: Offsetting Revenues: (19) Interest Income Earned on NRA Bonds $xxxx (20) Property Rental Revenue $xxxx (21) Oil and Gas Lease Revenue $xxxx (22) Reimbursements of Raw Water Costs by $xxxx $xxxxxx $xxxxxx Other Agencies Subtotal Net Raw Water Expenses, current year (23) Adjustment for Prior Year's (Over) Under Collection (24) Drawdown or addition to Reserve (25) Direct costs subtotal (26) Increase over COS for coverage (27) Costs including coverage (28) Rate -payers' Credit for Levelized Choke Canyon Debt Payments (29) Costs without Imputed interest (27) — (28) (30) Projected Water Consumption in 1,000 gallons RW unit cost with no Imputed Interest (29) / (30) (31) Imputed interest RW unit cost with Imputed interest (31) / (30) $xxxxxx gg,ggg,ggg $r.rrr $xx $s.sss $xxxxxx gg,ggg,ggg $r.rrr $xx $s.sss Raw Water Costs (Approved Annual Budget amounts): (1) LNRA Firm Water Purchases. These are the scheduled payments to the LNRA each year for firm water purchases. (2) LNRA Interruptible Water Purchases. Up to 12,000 acre-feet of water per calendar year may be available for purchase based on Lake Texana conditions. Per our agreement with LNRA, City will purchase it when available. Because interruptible water is measured on a calendar year, it is possible to purchase more than 12,000 acre-feet in a fiscal year, but this is unpredictable. 12,000 acre-feet is used for budget purposes. (3) NRA 0 & M. Annual contracted amount paid to Nueces River Authority. (4) Bureau of Reclamation for Choke Canyon Dam. Scheduled principle and interest payable on Choke Canyon Dam. (5) Principal & Interest on Debt Service in proportion applicable to Raw Water. Scheduled principle and interest payable to the Nueces River Authority, Lavaca- Navidad River Authority, and on Utility Revenue Bonds, applied at the rate at which raw water projects were a proportion of total bond issue. (6) Garwood Water Rights. Water rights were purchased for $13.9 million in 1999. Cost is amortized over the 40 year term of the water right agreement. 2 (7) Public Works Group. The Public Works Group includes the Assistant City Manager and other staff support associated with public utility activities, applied in proportion to its application to raw water activities. (8) Other Interfund Charges. Includes items such as fleet purchases, Purchasing allocation, and General Fund Administrative Services Transfer in proportion to its application to raw water activities. (9) Water Superintendent. Applied in proportion to its application to raw water activities. (10) Water Utility Support Services Group. Payroll, accounts payable, & similar tasks applied in proportion to its application to raw water activities. (11) Water Supply Development. All activity applies to raw water costs. (12) Environmental Studies. All such activity in the Water Dept. applies to raw water costs, and includes outside professional services. (13) Capital Outlay. Items with an acquisition cost greater than $100,000 which are not financed through debt are amortized over their depreciable useful life. One half year amortization is applied in the year of acquisition. (14) Wesley Seale Dam Operations & Maintenance. These are operating costs of the dam. (15) Choke Canyon Operations & Maintenance. These are operating costs of Choke Canyon Reservoir. (16) Lake Texana Operations & Maintenance. These are costs of operating the Mayor Mary Rhodes Pipeline and pumping stations. (17) Rincon Bayou Pump Station Operations & Maintenance. Delivers water directly from Nueces River to Delta. (18) Supplemental Water Sources. Operating and R&D expenses associated with groundwater and other supplemental sources of water supply. Offsetting Revenues (Approved Annual Budget amounts): (19) Interest Income Earned on NRA Bonds. Represents interest income from an interest-bearing security deposit required as a covenant of the NRA bond issue. 3 (20) Property Rental Revenue. Revenues earned from general property rental at Choke Canyon or Lake Corpus Christi. (21) Oil and Gas Leases Revenues. Revenues earned from oil and gas leases at Choke Canyon or Lake Corpus Christi. (22) Reimbursements of Costs by Other Governments/Agencies. Any raw water costs directly reimbursed by another entity. Calculating the Raw Water Cost per 1,000 gallons: (23) Adjustment for Prior Year's (Over) Under Collection. At fiscal year-end, actual raw water expenses and offsetting revenues through line (22) will be compared to actual collections of RWCA. The difference,either positive or negative, is entered as an adjustment to be applied in the next fiscal year. This method captures the variance in actual to budgeted expenditures and offsetting revenues, and the variance in actual to projected water consumption. (24) Drawdown or addition to Reserve. A raw water reserve has been established as security against large swings in consumption or costs in relation to projections. Additions to or drawdowns on the reserve are at the discretion of management, and are used to help manage the RW rate. (25) Subtotal (26) Increase over Cost of Service for coverage. Revenue bond covenants require current year revenues cover a certain percentage of debt service, usually 1.25 times. City target is 1.35 times coverage, with excess to be used to fund capital reserves. Excess Capital Reserves in the Water Fund will be used to cash - fund capital projects. (27) Subtotal (28) Rate payers' Credit for Levelized Choke Canyon Debt Payments. The Choke Canyon Reserve Fund was established to levelize the escalating payments to the Bureau of Reclamation. This reserve was created by establishing a levelized payment of $3.245 million as a budgeted Water Fund expense each year. The reserve was built in the initial years when the scheduled debt service payments were less than the budgeted $3.245 million. Now, as the payments are larger than that, the difference in debt service payments are paid out of the Reserve Fund. Since the Reserve Fund was funded by rate -payers, and was completely funded prior to the institution of a Raw Water Cost Adjustment, only rate -payers receive the credit to their RWCA for use of the Reserve Fund. The amount entered here equals scheduled principal and interest payments less $3.245 million. (29) Costs without Imputed Interest (30) Projected Water Consumption. Based on historical analysis. (31) Imputed Interest. The City carries the costs of capital projects through cash in its Combined bank account until Revenue Bonds are issued for permanent financing. There is a lost cost to City residents as these funds cannot be invested. 4 Imputed interest is calculated at the prior 12 -month pooled fund interest rate, applied to raw water projects not yet permanently funded, assuming project costs are incurred evenly throughout the year. 5 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5939297 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. 02858 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 5/3/2010, 5/3/2010. $ 79.29 1Time(s) On this day of is a true and an exact copy m LEGAL SALES PRESENTIVE GWENN d. MEDINA MY 2412 COMMISSION , EXPIRES 0° I certify that the attached document e by publisher. No tiy Public, State of Texas 33-'1111 Legal Notices 1110 NOTICE -0F PASSAGE OF ORDINANCE NO. 028593 Ord. authorizing "the City Manager:,to-exe-' cute -a (080d -treated water supply, contract between "the'; City of Corpus "Christi & Nueces County We- t e r We-ter-Control- ::& improvement.'District . ff 4. This ord. Sivas. passed & approved on April 27 20.10 /s/ Armando Chapa City Secretary CALLER -TIMES ft May 3.2010 K 5E Legal Notices 1110 NOTICE OF PUBLIC: HEARING TO CON. SIDE PLRICATION(S� ZONING AP OFTHE CITY - OF CORPUS CHRISTI Notl"ce`is hereby en that the Corpus: Christi City Council will•_conduct aa:public' hearing on May .10, goo during a regular Council -meeting which: commences;<at 12 0.0, pm in ths_: Council Chamfers, City Hali 1201 LLeeop and to considei the' foliowin Zoning ap plication s) which are on file in the Office of the City Secretary and then Dept. of Planning At -said time and:0140.'4'6f hearing,, persahs"atnd parties: Intereated may :appear before the.City ouncil 1 0410;01, Mitchell Vichy &:'.Courtney Ur barfr:Viaha: Frohi:the F R" `Farm Rural C?istrlct'°to tyle "R -E", Residentiaf `Estate District Located southeast of Waldron Rd.,et4121 Waldron' Rd 2 0.41002,' Raju Bhagat:; From an I-2° Light Industrial;bis-: trict 'to a 1B-4" General Business Distrlct-Located.rhorth of Savage Ln `weaf of N " Navigation. Blvd , east of Krill.St. approxi.matejy 10,0 it. south" of 1-17)-:-:;.it-'0.29 N.:Navigation Blvd Information may "be obtained by•calling"or visiting the Dept.:of • Detiell9ritre91y$ef, vices: Planning_ Sec"ti o n :.; "a't (361) 82R 3560 2406 Leopard St.r. /s/ Armando Chaps; City Secretary State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5939171 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PUBLIC HEARING TO CON SIDER ZO which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 5/3/2010, 513,12010. $ 204.42 2Time(s) On this c ' " day of is a true and an exact copy LEGAL SALES PRESENTIVE a GWENN J. MEDINA 1 MY COMMISSION EXPIRES August 2, 2012 2 0 I certify that the attached document by publisher. Not Public, State of Texas CALLER-TIMESMay3 2010 g 5E.. Leal Notices 1110 NOTICE: OF PUBLIC HEARINGTO CON SIDER ZONING : APPLICATIOS) OFTHE ;ITV NF CORPUS CHRISTI Notice is hereby giv- en that the Corpus. Christi City Council will conduct a±public hearing on May .18, 2010.0uring a"_regular Council meeting which::.commences at 12:00 pm in „the Gouncil Chambers City Mali, •1201 `Leop- ar , to consider the followin *Ong ap- plication*Ongs)which are on file in :the:"City Secretary. acid the De"pt at` planning At said tine `and place of • hearing, persons and parties interested. may apCear";before the City ouncil: -- 1, 0410-01,._Mltchell. Vicha: Courtney lir ban;Viaha From the F R :,.Farre, -Rural: Distrlct'to Residential: Estate District Located southeast "of Waldron' • Rd , at 4121 :Waldro Rd. 2 ,0410 02,.'Raju Bhagat: From •ori "1-2" Light.l"ndustrial Dis General Business District -Located north of Swagge Ln.,`.west of N. Navigation Blvd., .east of ;Krill St., approximately 1100f1: south:`of 137, ,at ,929 N. Navigation:Blvd information may Ike. obtained by calling o. visiting. the Development°Ser= vices.�...Plan.;ning Sen,tio,ri at: (361);826 3560,-2406 Leopard St... .: • Isl Armando`Ciapa `City:Secretary