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Home My WebLink AboutAgenda Packet City Council - 09/26/2006 CITY COUNCIL AGENDA SEPTEMBER 26, 2006 Corpus Christi .-America cnv \ 145 A.M. Proclamation declaring October 7. 2006 as "West Oso ISO 2006 Texas Association School Administrators Region II Honor Board Day" Proclamation declanng the month of October as "Domestic Violence Awareness Month" At Your Service Award", City Staff Recognition AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD SEPTEMBER 26, 2006 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVA TED 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 at 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 if to the ,=:ity Secretarv Si Usted desea dirigirse ai Conc/lio y cree que su mgles es fimitado, 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 Henry Garrett to call the meeting to order. B. Invocation to be given by Pastor Micah Davidson, Real Life Fellowship. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tern Jesse Noyola Coutcil Members: Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex Kinnison John Marez Mark Scott City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa E. MINUTES: 1 Approval of Regular Meeting of September 19, 2006. (Attachment # 1) Agenda Regular Council Meeting September 26,2006 Page 2 F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. 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 H. CONSENT AGENDA Notice to the Public The following items are 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. COIENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES FR' PREVIOUS MEETINGS: (At this pomt the CouncJl will vote on all motions, resolutions and ordinances not removed for mdividual r;onsideration) 2, Motion approving the lease purchase of approximately 5,124 curbside collection containers from Schaefer Systems International. of Charlotte, North Carolina for the total amount of $262,912.44 The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (H-GAC). The containers will be used in the City's automated collection program. Funds for the lease purchase of the curbside collection containers will be provided through the City's lease/purchase financing program. (Attachment # 2) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September 26, 2006 Page 3 3 Motion approving a supply agreement with Vulcan Construction Materials, LP. of San Antonio, Texas, for approximately 7,150 tons of pre-coated aggregate and approximately 3,250 tons of cold mix-cold laid asphalt in accordance with Bid Invitation No. BI- 0196-06 based on low bid and only bid for an estimated semi- annual expenditure of $355,698. The term of the contract will be for six months with an option to extend for up to five additional six month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Street and the Utility Departments in FY 2006-2007. (Attachment # 3) 4 Motion approving the purchase of four (4) riding mowers from John Deere Company, of Cary, North Carolina in accordance with the State's Cooperative Purchasing Program, for a total amount of $45,699.44. The riding mowers will be used by the Parks and Recreation Department. Funding is available from the FY 2006- 2007 Capital Outlay Budget in the Maintenance Services Fund. (Attachment # 4) Sa. Resolution authorizing the City Manager or his designee to accept a grant from the Department of State Health Services in the amount of $660,000 for the Women, Infants, and Children Program for FY2007, based on an $11.00 reimbursement for each participant served. (Attachment # 5) S.b. Ordinance appropriating a grant from the Department of State Health Services in the amount of $660,000 in the NO.1 066 Health Grants Fund for the Women, Infants, and Children Program for FY2007, based on an $11.00 reimbursement for each participant served. (Attachment # 5) 6.a. Resolution authorizing the City Manager or his designee to accept a $56,119 grant awarded by the Corporation for National and Community Service for the Retired and Senior Volunteer Program (Attachment # 6) 6.b. Ordinance appropriating a $56,119 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation Grants Fund for the Retired and Senior Volunteer Program (Attachment # 6) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September 26, 2006 Page 4 7a Resolution authorizing the City Manager or his designee to accept a $275,761 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. (Attachment # 7) 7.b. Ordinance appropriating a $275,761 grant from the Corporation for National and Community Service in the NO.1 067 Parks and Recreation Grants Fund for the Senior Companion Program. (Attachment # 7) 8. Motion authorizing the City Manager or his designee to execute a contract with Aloe Tile Works, Inc., of Corpus Christi, Texas in the amount of $14,000 as part of the Percent for Art Program associated with the Northwest Branch Library Expansion Project for the design, fabrication, installation, and purchase of free-form art tile murals installed over a contractor installed field tile. (Attachment # 8) 9.a. Resolution authorizing the City Manager or his designee to execute the First Amendment to the Interlocal Agreement for Use of School Buildings during Hurricane Emergency with Corpus Christi Independent School District. (Attachment # 9) 9.b. Resolution authorizing the City Manager or his designee to execute the First Amendment to the Interlocal Agreement for Food Services during Hurricane Emergency with Corpus Christi Independent School District. (Attachment # 9) 9.c. Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District for use of School Buses during Hurricane Emergency. (Attachment # 9) 10.a. Motion authorizing the City Manager or his designee to reallocate FY2000 Community Development Block Grant (CDBG) funds from the Westside Business Association project to the FY2000 CDBG South Texas Institute for the Arts project for the expansion of activities for the Antonio E. Garcia Education Center. (Attachment # 10) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September 26,2006 Page 5 1 a.b. Motion authorizing the City Manager or hIs designee to execute an agreement with Naismith Engineering, Inc., of Corpus Christi, Texas for $13,536 to develop a Phase II Environmental Site Assessment for the City of Corpus Christi/South Texas Institute for the Arts project. (Attachment # 10) 1 a.c. Motion authorizing the City Manager or his designee to execute all required documents to purchase property located at 2027 Agnes Street for the South Texas Institute for the Arts project for the expansion of activities for the Antonio E. Garcia Education Center. (Attachment # 10) 11 Motion authorizing the City Manager or his designee to extend the maintenance service agreement with Tiburon, Inc., of Fremont, California for four additional months for $33,652. Included in the maintenance agreement are the Tiburon modules for Records Management, Computer Aided Dispatch, Mobile Data, Automated Vehicle Locator and Video Imaging. (Attachment # 11) 12. Motion authorizing the City Manager or his designee to execute Amendment NO.1 to the Contract for Professional Services with Maverick Engineering, Inc., of Corpus Christi, Texas in the amount of $6,410 for a total restated fee of $31,387 for the Furman Avenue DevelopmenUSpohn Shoreline Sanitary Sewer Relief Line Project. (Attachment # 12) 13. Motion authorizing the City Manager or his designee to execute an agreement to renew the contract with Rabalais I&E Constructors. of Corpus Christl, Texas for the O. N. Stevens Water Treatment Plant On-Going Generator Testing and Maintenance FY 2006-2007 in the amount of $97,888, for an additional one-year period (by exercising the one-year renewal option under the contract with Rabalais I&E Constructors approved by Council on August 23,2005 (Motion No. 2005-268)). (Attachment # 1 3) 14. Motion authorizing the City Manager or his designee to execute a construction contract with Haeber Roofing Company, of Corpus Christi, Texas in the amount of $47,776 for the Fire Station NO.8 Roof Replacement 2006 Project. (Attachment # 14) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September 26,2006 Page 6 15 Motion authorizing the City Manager or his designee to execute a construction contract with Barcom Commercial, Inc., of Corpus Christi, Texas in the amount of $75,894 for Fire Station #2 Concrete Driveway Repairs 2006 for the base bid and additive alternate #1 (Attachment # 15) 16 Second Reading Ordinance - Authorizing the City Manager or his designee to execute a ten year lease agreement with Corpus Christi Education Foundation ("Lessee") for use of Mary Carroll House at Heritage Park in consideration of Lessee securing all labor to fully restore the house and landscape the grounds; and Lessee maintaining the premises and improvements; and Lessee uSing its best efforts to develop and maintain a building trades educational program to maintain the exterior of the structures at Heritage Park, providing for one five (5) year renewal option. (First Reading 8/29/06) (Attachment # 16) L PUBLIC HEARINGS: 17.a. Public hearing to consider amending the Zoning Ordinance by deleting Section 27-2.03 of Article 27 "Supplementary Height, Area and Bulk Requirements," regarding windmills, wind energy conversion systems, and wind-driven generators; amending Article 3 "Definitions," to include Section 3-1.67.3 relating to wind energy systems; and amending Article 29 "Board of Adjustment," to include Section 29-3.13 providing regulations for wind energy systems. (Attachment # 17) 17.b. Ordinance amending the Zoning Ordinance by deleting Section 27-2.03 of Article 27 "Supplementary Height, Area and Bulk Requirements," regarding windmills, wind energy conversion systems, and wind-driven generators; amending Article 3 "Definitions," to include Section 3-1.67.3 relating to wind energy systems; and amending Article 29 "Board of Adjustment," to include Section 29-3.13 providing regulations for wind energy systems: repealing Ordinance No. 026986 establishing a 30-day moratorium on the issuance of permits for the erection or construction of wind energy systems; providing a repealer clause; providing a penalty providing for an effective date. (Attachment # 17) ZONING CASES: (NONE) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September 26,2006 Page 7 J REGULAR AGENDA CON_DERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES: 18 Motion authorizing the City Manager or his designee to enter into a contract with Mercer Oliver Wyman and Mercer Health and Benefits in the amount of $95,000 for professional services on the preliminary evaluation of Consumer Directed Health Care (CDHC) combined with the viability of a Health Savings Account-based (HSA) or a Health Reimbursement Account (HRA) Consumer Directed Health Plan (CDHP). Recommendations regarding changes to the existing health plans will be provided in the event CDHP is found not to be a viable option for the City. (Attachment # 18) 19 Motion authorizing the City Manager or his designee to execute Amendment NO.5 to the Contract for Professional Services with Maverick Engineering, Inc, of Corpus Christi, Texas in the amount of $1,143,024 for the Master Channel 27 Drainage Project. (Attachment # 19) 20.a. Ordinance authorizing the issuance and sale of City of Corpus Christi, Texas Utility System Revenue Refunding and Improvement Bonds, Series 2006, in an aggregate principal amount not to exceed $95,000.000. (Attachment # 20) 20.b. Motion authorizing the appointment of M E. Allison as Financial Advisor; Morgan Stanley as Senior Manager; Morgan Keegan, SAMCO Capital Markets, Inc., and Southwest Securities as Co- Managers; and McCall, Parkhurst, and Horton as Bond Counsel, for City of Corpus Christi, Texas Utility System Revenue Refunding and Improvement Bonds, Series 2006. (Attachment # 20) 21 First Reading Ordinance - Ordering a General Election to be held on April 14, 2007, in the City of Corpus Christi for the election of Mayor and eight Council Members; providing for procedures for holding such election; providing for Notice of Election and Publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing the ~ CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September 26, 2006 Page 8 City Secretary to contract with the Nueces County Election Officer for equipment and supplies necessary to conduct the election; selection of May 19, 2007, as the Runoff election date, if one is necessary; enacting provisions incident and relating to the subject and purpose of this ordinance. (Attachment # 21) K. PRESENTATIONS: Public comment will not be solicited on Presentation items. 22. PrevIew of Bayfest 2006 - presented by Bayfest Organizers (Attachment # 22) 23. 4th Quarter FY 2005-2006 BudgeUPerformance Report (Attachment # 23) L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM A T THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (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 I SI usted se dirige a lajunta y cree que su ingles es Iimitado, habra un interprete ingles-espanal en la reunion de la junta para ayudarle. 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 A T ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. -.... CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regutar Council Meeting September 26,2006 Page 9 M. EXECUTIVE SESSION: PUBLIC NOTICE ;s given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act. Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office 24. Executive session under Texas Government Code Section 551.071 to receive legal advice regarding acquisition of real property for new Broadway Wastewater Treatment Plant, with possible discussion and action related thereto in open session. 25. Executive session under Texas Government Code Sections 551.071 and 551.087 regarding Earthlink negotiations regarding the City of Corpus Christi Citywide Integrated Wi-Fi Network, with possible discussion and action related thereto in open session. 26. Executive session under 551.074 of the Texas Government Code for deliberations regarding the evaluation of the City Manager, with possible discussion and action related thereto in open session. 27 Executive session under Texas Government Code Section 551.071 regarding Michael McCutchon v. City of Corpus Christi, Cause No. 06-5382-C in the 94th Judicial District Court of Nueces County, Texas, with possible discussion and action related thereto in open session. N. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns, current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September 26,2006 Page 10 28 CITY MANAGER'S REPORT * Upcoming Items 29 MAYOR'S UPDATE 30. COUNCIL AND OTHER REPORTS O. ADJOURNMENT: POSTING ST A TEMENT~ This agenda was posted on the City's official bulletin board at the front entrance to City Hall. 1201 Leopard Street, at ..,Q: 0 Q___ p.m., September 22, 2006. c1JuvVtMLo ({~ Armando Chapa 'l'vt1' City Secretary -) NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. ....-.. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1 ~""'~ MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting Seotember 19. 2006 " 10:00 a.m. P~ESENT Mayor Henry Garrett Mayor Pro Tem Jesse Noyola Council Members: Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex Kinnison John Marez Mark Soott City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Ken de Koning of Waldron Road Baptist Church and the Pledge of Allegiance to the United States flag was led by Council Member Chesney. Mayor Garrett called for approval of the minutes of the regular Council meeting of September 12,2006. A motion was made and passed to approve the minutes as presented. 7 _"'********** Mayor Garrett referred to Item 2 and the following board appointments were made: Etllics Commission Linda Figueroa (Reappointed) Harlan Heitkamp (ReapPointed) Joe Guzman (Reappointed) Mituel Carranco (Appointed) John de Montel (Appointed) - ~ * * * * ~ ~ * * * w Mayor Garrett opened discussion on Item 14.a. regarding an amendment to the proposed FY 2007 Capital Budget prior to second reading. City Secretary Chapa announced that Item 14.a. needed to be amended to replace the word "opposing" with "approving". A motion was made, seconded and passed to amend Item 14a. as stated by Mr. Chapa. Mayor Garrett opened diSCUSSion on Item 14.b. regarding the adoption of the FY 2007 Capital Budget. Assistant City Manager Oscar Martinez explained that the Capital Budget included both short-term and long-term plans for all the major expenditure categories, such as the Airport, Gas, Park and Recreation Streets, Storm Water, Water Supply, and Public facilities. Last week, he said staff had presented a proposed CIP budget of $146.5 million, and included a potential $500,000 amendment for additional Storm Water projects. Since the Council concurred with the amendment, he said staff was presenting an amended budget of $147 million. There were no comments from the public City Secretary Chapa polled the Council for their votes as follows: Mlnutes- Regular Council Meeting September 19, 2006- Page 2 14.a MOTION NO.. 2006~310 Motion to amend pnor to second reading the Ordinance oppocing approving the FY 2007 Capital Budget In the amount of $146,494,500 by increasing the amount of the Capital Budget by $500,000 for additional Storm Water projects. The foregoing motion was passed and approved as amended with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 14.b. ORDINANCE NO. 026997 Approving the FY 2007 Capital Budget in the amount of $146,994,500. (First Reading 09/12/06) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett. Chesney Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" ~ ~ * * * * * * * * * * Mayor Garrett referred to Item 12, a presentation on the Tule Lift Bridge project by Mr. Frank Brogan, Port of Corpus Christi Authority. Mr. Brogan provided brief background information on the bridge. He said the bridge was built in 1959 and rebuilt in the 1990s at a cost of $11 million. He said the bridge's operational costs were $1 1 million a year. In 2005 alone, he said the bridge was raised 10,562 times. and the rate was increasing over ten percent per year. He noted that the bridge provided the only rail connection to the north side of the ship channel. Mr. Brogan discussed the repairs needed for the bridge. Although the bridge was not in danger offalling, he said its main problem was with the deteriorating condition of the machinery that raises and lowers the bridge. Mr. Brogan displayed a number of slides depicting the deteriorating condition of the bridge. He highlighted the issues related to the cracks in the sheaves, shafts and struts, He noted that the sheaves were not readily available items shelf items, requiring eight months to order and receive. He discussed the Port's efforts to monitor and repair the cracks but stated that the damage hac outpaced their efforts. He said the Port had budgeted funds to replace the pulleys and the shafts on the south side; the parts had been ordered and would be received the beginning of next week at a cost of $800,000. Mr. Brogan mentioned a number of statistics regarding bridge operations. He said the bridge was raised an average of 34 times a day and had an average of 1 ,017 openings per month. He also provided the following statistics on daily openings: 3.8 times per day for ships, 3.4 times perdayfor harbor tugs. and 26.6 times per day for barges. Mr. Brogan discussed the available repair alternatives and the pros and cons for each. He saKj the Port was recommending Alternative No.4, which was to maintain the bridge in the up pO$ition while expediting the Fulton Rail construction project. He said this alternative would limit bridge openings to 1-2 per day for trains only, with the only exception being if the Harbor Bridge was Incapacitated due to an emergency situation. Consequently, he said the average openings were expected to drop from 1,017 per month to 50 per month or 600 per year, extending the life of the bridge. He said the expedited construction plan would allow for the completion the Fulton Rail project in 12 months or less. thereby creating an alternate route for rail traffic. Ultimately Mr. Brogan said the Tule Lift Bridge would need to be removed, however, since it was not cost effective to replace according to a recent TXOOT study. Minutes- Regular Council Meeting September 19 2006 - Pa~;e 3 rv1r Brogan discussed the Port's coordination efforts with its customers. He said they sought ;nput on the least damaging alternative for the project with the Coast Guard, Port Industry, Nueces County Commissioners Court, TMISD, and with the City Council today. He stated that the closure advisory message board was in place, thanks to city staff efforts. In addition, he said the Port would be meeting with the railroads on September 21 c;t He said the Port planned to announce the selected alternative ngrt away, so the work could be begin promptly. Thus, he said the vehicular closure associated vVltr thf:; work would begin on Friday, September 22nd. He displayed a map jetailing the detour routes to the north and south sides of the channel, which would be used when the bridge was closed during construction He emphasized, however, that the lift bridge could be owered in an emergency Council members asked questions regarding emergency situations, truck traffic delays, repairs to the south tower and timeline for removing the bridge. Mr. Tom Curlee with the Port Industries reported on the Port of Corpus Christi's coordination efforts with their organization. . ~ ~. * * * * * ~ * * * Mayor Garrett called for consideration of the consent agenda (Items 3 -9). City Secretary Chapa announced that Mr Noyola was abstaining from the vote and discussion on Item 9. There were no comments from the public. Councilmember Marez requested that Item 6 be pulled for individual consideration A motion was made and passed to approve Items 3 through 9, constituting the consent agenda. except for Item 6, which was pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3.a. RESOLUTION NO. 026988 Resolution authoriZing the City Manager or his designee to accept a grant from the Department of State Health Services in the amount of $144,350 for personnel and fringe benefits for an immunization program for children, adolescents, and adults, with special emphasis on children two years of age and younger. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, C3arcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 3.b. ORDINANCE NO. 026989 Ordinance appropnating a grant from the Department of State Health Services in the amount of $144,350 In the No. 1066 Health Grants Fund for personnel and fringe benefits for an Immunization program for children, adolescents. and adults, with special emphasis on children two years of age and younger An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" ........ Mlnutes- Regular Council Meeting September 19, 2006 - Page 4 4.a. RESOLUTION NO. 026990 Resolution authorizing the City Manager or his designee to accept a grant from the Department of State Health Services in the amount of $300,950 for personnel, fringe benefits, travel, equipment, supplies, and other expenses relating to a plan for responding to an act of terrorism The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, (3arcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye". 4.b. ORDINANCE NO. 026991 Ordinance appropnating a grant from the Department of State Health Services in the amount of $300,950 !n the No. 1066 Health Grants Fund for personnel, fringe benefits, travel, equipment supplies, and other expenses relating to a plan for responding to an act of terrorism. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" 5.a. RESOLUTION NO 026992 Resolution authoriZing the City Manager or his designee to accept a grant from the State of Texas, Office of Governor, Criminal Justice Division in the amount of $11,997 for the Juvenile Accountability Incentive Block Grant Program to reduce juvenile delinquency, improve the Juvenile justice system, and increase accountability of juvenile offenders, with a City match of $1 ,333 in the No 1020 General Fund, and a total project cost of $13,330. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye". 5.b. ORDINANCE NO. 026993 Ordinance appropnating $11,997 from State of Texas, Office of the Governor, Criminal Justice Division in the NO.1 061 Police Grant Fund for eligible funding under the Juvenile Accountability Incentive Block Grant Program to reduce juvenile delinquency, improve the Juvenile justice system, and increase accountability of juvenile offenders; transferring $1,333 from the NO.1 020 General Fund and appropriating it in the NO.1 061 Police Grant Fund as grant matching funds; appropnating $5,500 of estimated program income in the NO.1 061 Police Grant Fund An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" Minutes .~ Regular Council Meeting September 19 2006 - Page 5 6. ~Jl0TION NO. 2006-307 Motion authorizing the City Manager or his designee to execute a one-year Professional Services Agreement with Granicus, Inc, of San Francisco, California in the amount of 551,388 for Video streaming services, with option to extend for up to three additional one- y'ear terms in the amount of $21 ,600 annually. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper Garcia, Kelly, Kinnison. Marez, Noyola, and Scott voting "Aye". MOTION NO. 2006-308 Motion authorizing the City Manager or his designee to execute an annual joint funding agreement with the United States Geological Survey (USGS), United States Department of the Interior, for the continuation of surface water data collection and limited studies by the USGS for the City's water supply activity; and providing for the City to pay the USGS the amount of $221,710, out of a total project cost of $280,485 during the federal fiscal year October 1, 2006 through September 30,2007 The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye". :3 MOTION NO. 2006-309 Motion authorizing the City Manager or his designee to execute an agreement to renew the contract with C. W Campbell Electric, of Corpus Christi, Texas for O. N. Stevens Water Treatment Plant On-Going Instrument Maintenance Program FY 2006-2007 (8562), in the amount of $185,400, for an additional one-year period (by exercising the one-year renewal option under the contract with C W. Campbell Electric approved by Council on August 23, 2005 (Motion No 2005-267)) The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 9. ORDINANCE NO. 026994 Authorizing the City Manager or his designee to execute an Oil and Gas Lease with EOG Resources, Inc. on approximately 160 gross acres of land owned by the City of Corpus Christi near the Corpus Christi International Airport for a cash bonus bid of $26,140, $25.00 per acre delay rentals, 25% royalty, with a three year term, as may be extended indefinitely by continuing drilling operations. (First Reading 09/12/06) The foregoing ordinance was passed and approved on its first reading with the following vote. Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola abstained. Mayor Garrett opened discussion on Item 6 regarding a video streaming services agreement. Councilmember Marez expressed concern about the sound and video quality of the current service. He asked If the new services agreement would address these problems. Director of E-Government Services Susan Cable replied affirmatively. saying that the current streaming application needed to De upgraded. In recent years, she said several national vendors have developed integrated video services for municipal governments, providing opportunities for expanded applications, staff efficienCies, and cost savings She said the City would see cost savings beginning in year two. Minutes - Regular Council Meeting September 19, 2006 - Page 6 There were no questions from the public City Secretary Chapa polled the Council fortheirvotes as follows 6 MOTION NO. 2006-307 Motion authorizing the City Manager or his designee to execute a one-year Professional Services Agreement with Granicus, Inc., of San Francisco, California in the amount of $51,388 for Video streaming services, with option to extend for up to three additional one- 'lear terms in the amount of $21 ,600 annually The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye". k ~ * * * * * k * * * * * Mayor Garrett referred to Item 10, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0406-04. Mirabal Development Group: A change of zoning from a "R-1 B" One- family Dwelling District to a "A-1" Apartment House District in Bass Subdivision, Block 27, ~ot H, located on the south side of Sandra Lane, approximately 1,900 feet east of Airline Road. City Secretary Chapa stated the Planning Commission and staff recommended denial of the 'A-1" Apartment House District and approval of a "R-2" Multiple Dwelling District with a "PUD-2" Planned Unit Development Overlay-2. No one appeared in opposition to the zoning change. A motion was made to close the public hearing, seconded, and passed. Mr. Chapa polled the Council for their votes as follows: 10. ORDINANCE NO. 026995 Amending the Zoning Ordinance, upon application by Mirabal Development Group, by changing the zoning map in reference to the Bass Subdivision, Block 27, Lot H, from "R-1 B" One-family Dwelling District to "R-2" Multiple Dwelling District with a "PUD-2" Planned Unit Development 2 Overlay, subject to a site plan and six conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a penalty An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: '3arrett, Chesney, Cooper, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye" Mayor Garrett referred to Item 11, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Minutes - Regular CounCl Meetin~ September 19 2006 -- Page 7 1. ORDINANCE NO. 026996 Amending the Zoning Ordinance upon application by LaMarr Womack & Associates, LP, by changing the zoning map in reference to Abstract 850, Survey 443, Tract 7, being 4.447 acres from ''R-1 B" One-family Dwelling District to "B-1A" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a penalty An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" . ~ * * * * * * * * * * * The Council recessed for a meeting of the Corpus Christi Community Improvement Corporation (CCCIC). * , * * * * * * * * * * * Mayor Garrett referred to Item 13, an presentation updating the Council on Bond 2004 projects (Report #3), comprised of Street Improvement Projects and Public Health & Safety, Public Facility, Park & Recreation/Museum and Bayfront Development Plan projects. Director of Engineering Services Angel Escobar announced that today's update would be available on the internet at http://www.ccbondissuecom at the end of the week_ Mr Escobar referred to Exhibit A, a project timeline for the street improvement projects. The timeline referenced the sequence number, the AlE Consultant, approved bond cost and the anticipated schedule of the projects. Regarding the Downtown Redevelopment Participation project (Sequence No 24). Council Member Marez asked if the $250,000 in funds was earmarked for any specific street projects. Mr Escobar replied negatively, saying that the Downtown Redevelopment Committee was working on recommendations and would forward them to the Council in October. City Manager Noe added that the Downtown Management District had requested approximately $30,000 in funds for the La Retama Park project. Mr. Marez stated that in the future, he would prefer that the City have a definite plan for the use of bond funds, with more earmarked projects. ! n response to Mr. Scott's question, he said that most of the street improvement contracts would be awarded within the next twelve months, for a total of $33 million. Mr. Scott noted that the total bond package for street improvement was $68_35 million, so in effect approximately half ofthe funding would be used in the next twelve months Mayor Garrett expressed concern about the inferior quality of some of the previous Bond 2004 work Mr. Escobar replied that staff was requiring structural value of the pavement design remain at the twenty year level. In addition, he said the City was allowing the contractors to schedUle their work at their discretion, as long as they worked within the approved project timeframe He also said staff was providing the contractors with options for materials that were pre- approved by staff Mr. Escobar referred to Exhibit 8, a project timeline for Public Health & Safety, Public I=acility, Park and Recreation/Museum and Bayfront Development Plan projects. The timeline referenced the sequence number, the AlE Consultant, approved bond cost and the anticipated schedule of the projects. In response to Mr. Garcia's question regarding the Bayfront Development Plan Phase 1 project (Sequence No. 37), Mr. Escobar stated that the final conceptuals for the project would be completed next month. He said the project would be let within the April to June 2007 timeframe. He said the project construction was scheduled between July 2007 to December Minutes - Regular Council Meeting September 19 2006 - Page 8 2009 kA l.: * * * * t. * * * * * Mayor Garrett called for the City Manager's report. City Manager Noe announced that the Packery Channel dedication ceremony was scheduled to take place on December 6th at 2: 15 p.m. He said this date would accommodate Senator Kay Bailey Hutchison's schedule, who served as an mportant player In the proiect's success Mr. Noe also reported that the last class of the inaugural Citizen University was scheduled on September 2th from 6 to 830 p.m., Galvan House. He invited the Council to participate in the panel discussion scheduled from 6:50 p.m to 7:45 p.m. He stated that the inaugural class was comprised of 30 residents who attended classes over a seven month period. Mr. Noe said the City was accepting applications for the second class now. Mr. Noe noted that the University class structure had been changed based on the participant input. He said the changes included an October through May class schedule and extended hours for classes (from 2 ;Iz to 3 hours). For more mformatlon Mr. Noe said citizens could refer to the City's website or contact the Public Information Office. Mr. Noe stated that the following items were scheduled for the September 26th Council meeting: text amendments on wind energy; fourth quarter budget presentation; and various Bond 2004 project contracts. Mayor Garrett asked for an update on whether a sign located on South Padre Island Drive virnated the State's Highway Beautification Act. Mr. Noe replied staff had contacted TXDOT regarding the sign and was awaiting a final interpretation from the State. While TXDOT had issued a statement that they considered the sign to be illegal, he said there was a question regarding the Stete's interpretation on the legality of the sign. Mayor Garrett and Mr. Noyola took offense to a TXDOT official's public announcement that the sign was illegal prior to the State's formal decision. They asked staff to continue working with TXDOT to resolve the matter promptly. Mayor Garrett called for Council concerns and reports. Mr. Noyola asked staff to work with the RT A on providing shade structures at bus stops. In response to Mr. Noyola's question regarding the West Oso tennis court project, Mr Noe said that the City still planned to transfer ownership of the courts to West Oso upon project completion. Mr. Noyola also reported on a citizen complaint regarding the King Estates Subdivision. He said a citizen residing at 5513 King Trail reported that due to the developer's negligence, the neighborhood was experiencing recurring drainage problems. He asked staff to investigate Mr. Marez asked staff to Investigate a problem with a pack of wild dogs at 2213 Soledad. Mr. Marez also stated he had received complaints regarding the height of the speed bumps/crosswalks at the Port Ayers bus station. Mr. Noyola stated that it was a long-standing problem that the RTA had still not addressed. Assistant City Manager Ron Massey added that the City had attempted to raise the height of the street to smooth out the speed bumps to no avail. Ms Cooper asked for an update on the City's NLC Inclusive Neighborhoods Initiative application Mr. Noe responded that the City had not yet received a response from NLC. Ms. Cooper asked staff to follow up on the application's status. Mr. Garcia thanked staff for attending yesterday's Town Hall meeting at Yeager Elementary. He also asked Director of Neighborhood Services Yvonne Haag to remove an abandoned truck on the 3500 block of Roscher Road, noting that the truck was gradually being stripped for parts. Minutes ~- Regular Council Meeting September 19, 2006 - Page 9 ~ * * * * ~ ~ * * * Mayor Garrett called for petitions from the audience. Mr. Jack Gordy, 4118 Bray, spoke regarding whether a sign located on South Padre Island Drive violated the State's Highway Beautification Act ;< ~**'lir*'" *"**'It.i( There being no furUler business to come before the Council, Mayor Garrett adjourned the Council meeting at 11 :35 a m on September 19, 2006. } ~. .~ * * * * * * * * 2 Requested COUDCU Date: 9/26/06 Alternate Date: 10/10/06 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the lease purchase of approximately 5,124 curbside collection containers from Schaefer Systems International, Charlotte, North Carolina for the total amount of $262,912.44. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (H-GAC). The containers will be used in the City's automated collection program. Funds for the lease purchase of the curbside collection containers will be provided through the City's lease/purchase financing program. ****************************************************************************** Purpose: The containers will be used in the City's automated collection program. These containers will be distributed to residents in new start-up homes, residents requesting additional containers and replacement units. The entire City is currently on the automated collection program. Basis of Award: The containers are purchased through the cooperative purchasing agreement with HGAC. HGAC acts as a purchasing agent for participating members through the Inter-local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. Funding: SolId Waste Department 530190-1020-12510 FY06-07 $43,571.97 Lease Purchase of Refuse Containers The containers will be funded for a sixty-month period with an estimated interest rate of 4.0 %. The actual interest rate will be determined after the acceptance of the containers. The estimated annual payment for the Solid Waste Department is $58,103.16. Total estimated cost over the five year period, including principal of$262,912.44 and interest of$27,603.36, is $290,515.80. The amount of funds shown above are the funds budgeted for lease payments for FY06-07. Funds will be requested by the using department for FY07-08 and all subsequent budget years. ~/ Michael era Procurement & General Services Manager ..... CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BUYER: GABRIEL MALDONADO BID INVITATION NO: BI-0043-07 Containers for Automated Collection Program Schaffer Systems International Charlotte, NC Unit Extended Item Description Qty. Unit Price Price 1 95 Gallon Container 5,124 each $51.31 $262,912.44 ...-'. -- 3 '...... ,.,........ .~.... Requested Council Date: 9/26/06 Alternate Date: 10/10/06 COUNCIL MEMORANDUM RECOMMENDA TION Motion approving a supply agreement with Vulcan Construction Materials, LP, San Antonio, Texas, for approximately 7,150 tons of pre-coated aggregate and approximately 3,250 tons of cold mix-cold laid asphalt, in accordance with Bid Invitation No. BI-0196-06 based on low bid and only bid for an estimated semi-annual expenditure of $355,698, The term of the contract will be for six months with an option to extend for up to five additional six month periods subject to the approval of the supplier and the City Manager or his designee, Funds have been budgeted by Street and the Utility Departments in FY 06-07. ****************************************************************************** Purpose Pre-coated aggregate is used with liquid asphalt binder to seal coat streets, which extends the life of the riding surface. Cold mix-cold laid asphalt is used to repair streets after utility cuts are made by the Utility Departments. The Street Department uses the material as an overlay and as an alternate patching material when regular hot mix asphalt is not available. Previous Contract: The option to extend the previous contract was not exercised due vendors inability to hold pricing, therefore requiring the City to issue new bid invitations. Bid invitations Issued: Three Bids Received: Two Price Analysis: Compared to the previous contract, pricing has increased 10%. Award Basis: Low Bid - Bid sheet items I and 2. I Only Bid - Bid sheet item 2.2 Funding Dqlartment Street (Services) Account 520130-1020-12420 520130-1020-12430 520130-1020-12410 Amount $ 5,500 291,701 58.497 Total: $355,698 ..---- - l.lJ I- <( C!) UJ cr:: <!) <!) <( Cl l.lJ I- <( o U Z I o l.lJ -(Ccr:: l-oQ.. ::Jfba(5 ::::>0')1- co'r'""-l <c9<( I-mI o Q.. _ (/') CO <( o <( ....J Cl -l o () ~ ~ Cl -l o o I- Cf) -ZN O:::OW I-I O!QU Cf)>Z ::>-<( o..O(/') a:::C,9<(~ ogze O(l.)-r- 1..1..<(C!)03 OIo::: >-OWUJ 1-Ck::>1- -::>::><:( OCLCIlO Cf) ....JW -l <(0 <C I-~ - 00.. a:::U)1- W<( I-X <(W ~I- <C - 1-- 1-1- W~ -0::: a::: I <Co ~U) g::::> w 1-0..1-0 0:::0:::_ <(OZ~ ~O::::>a.. -lW <:(0 Z I-~ 0U)00.. -<(I- I-X Ow ~ 1-- 1-0 U)- Zz 00 O~ z<( <cz O<c -lCf) W 5 t:S:2 ZO::: ::>0.. t: z ::::> o o .n ('I') co N r- fh co '" 1.0 fh o ~ 1.0 ~ o cr> ~ fh N ~ cD ('I') fh c o ;.- >- I- a o l.O N ::v; z o F= 0.. ~ o Cf) W o E.::J::. Q) (,) =: 0 a:icn Q)-O a.ro :>,0 ;.-0::: - :>, -- - roo ~I a.Q) ~:5 -0 0 ro;' ....J .... -0 Q) - > 0= () Q) ,-0 ~.::J::. - (,) :2: :J .... :2~Q) 0",,- U M 'a. :2: W t: o o C':i o co ..0 co fh co M cD ~ !fl o ~ r- 0> ~- co 1.0 !fl N ~ ~ <:") !fl c o I- o L{) ~ Q) - I'll C) Q) .. C) C) <( "C Q) - I'll o U I Q) .. Q.. Q) N= <:")0.. -.-.::J::. o (,) Q;l.9 :J(/') ro"O > ro .r::: 0 ,~ 0::: o~ a. - o EI :J 0 E..... - ~ ~ Q;l E ,~ -Q) <:")-0 Q;l.::J::. -0 (,) ro :J '- .... 01- <"i N Q;l 0= <:")0.. -.-.::J::. o (,) Q;l.9 :J(/') ro"O > ro .r::: 0 ,~ 0::: o~ a. - o EI :J 0 E...... - ~ ~ Q;l E .~ 'Q) '<t-o Q;l.::J::. -0 (,) ro :J .... .... 01- N N CO Z o ~ CD co ~ <:) <:) 00 en CD 16 It) C"') ~ co r- ~ ffl N CD <:") ('I') !fl c o I- o o ('I') I.() co "0 I- -0 ro ?; <:( 4 .......... .,- Requested Council Action: 09/19/06 Alternate Date: 09/26/06 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of four (4) riding mowers from John Deere Company, Cary, NC, in accordance with the State's Cooperative Purchasing Program, for a total amount of $45,699.44. The riding mowers will be used by the Park & Recreation Department. Funding is available from the FY 2006-2007 Capital Outlay budget in the Maintenance Services Fund. ****************************************************************************** BACKGROUND: Purpose: The mowers will be used by the Park Maintenance Division of the Park & Recreation Department. They will be used by mobile crews responsible for light duty maintenance at City parks. Award Basis: The mowers will be purchased through the Texas Building and Procurement Commission (TBPC) Term Contract number TXMAS-4- 51V020. Funding: Maintenance Services 550020-5110-40120 $45,699.44 Capital Outlay No. 99 Michael Barrera Procurement and General Services Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BI-0033-07 TXMAS contract # 4-51 V020 RIDING MOWERS BUYER: MARIA GARZA Item VENDOR John Deere Company Cary,NC aTY UNIT PRICE TOTAL PRICE 72" John Deere Z-Trak riding mower 4 $11,424.86 $45.699.44 ~",. 5 ........"''''''liIi AGENDA MEMORANDUM City Council Action Date: SeDtember 26.2006 AGENDA ITEM: Item A: A resolution authorizing the City Manager or designee to accept a grant from the Department of State Health Services in the amount of $660,000 for the women, infants, and children program for FY2007, based on an $11.00 reimbursement for each participant served. Item B: An ordinance appropriating a grant from the Department of State Health Services in the amount of $660,000 in the No. 1066 Health Grants Fund for the women, infants, and children program for FY2006, based on an $11.00 reimbursement for each participant served; and declaring an emergency. IISUE: The Bureau of Clinical and Nutrition Services, Texas Department of State Health Services (DSHS), provides funding for supplemental food vouchers, and nutrition education at no cost to low income pregnant and postpartum women, infants, and children (WIC). Services are performed in accordance with the terms and specifications of the DSHS and the United States Department of Agriculture (USDA). Based on a reimbursement of $11.00 for each participant, the attached budget reflects the operational needs of the WIC pFOgram for fiscal year 2007. This is a non competitive grant with neutral budget impact. REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds. PREVIOUS COUNCIL ACTION: Council approved funding for FY05-06. FVNDING: No match funding required. CONCLUSION AND RECOMMENDATION: Recommend City Council to approve and afpropriate funding for the continuation of nutritional and individual counseling services to low income women, infants, and children. ") (/ / .---'~ "'--"'l1tA. /77:- tf" bAb' /Jf/# (Department Head Signature) ~ BACKGROUND INFORMATION The special supplemental nutrition program for women, infilnts, and children (WIC) is a health and nutrition program that is successful in improving1he diets of infants, children, and pregnant, postpartum, and breastfeeding women who are eligible for the program through low income and nutrition-related risks. This item renews the current contract with the Department of State Health Services (DSHS) to provide services to low income women, infants, and children" The contract will begin on 10/01/06 through 09/30/07. The main goal of the WIC program is to educate mothers about proper nutrition for their babies and young children. The WIC division serves an average of 5,000 WIC clients per month. " ..... ".... A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT FROM THE DEPARTMENT OF STATE HEALTH SERVICES IN THE AMOUNT OF $660,000 FOR THE WOMEN, INFANTS, AND CHILDREN PROGRAM FOR FY2007, BASED ON AN $11.00 REIMBURSEMENT FOR EACH PARTICIPANT SERVED. 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 accept a grant from the Texas Department of State Health Services in the amount of $660,000 for the Women, Infants, and Children Program for FY2007, based on an $11,00 reimbursement for each participant served < ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa CRy Secretary Henry Garrett Mayor A'PROVED: September 18, 2006 EH,*s186 doc Corpus Christi, Texas .2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott ~. '~. AN ORDINANCE APPROPRIATING A GRANT FROM THE DEPARTMENT OF STATE HEALTH SERVICES IN THE AMOUNT OF $660,000 IN THE NO. 1066 HEALTH GRANTS FUND FOR THE WOMEN, INFANTS, AND CHILDREN PROGRAM FOR FY2007, BASED ON AN $11.00 REIMBURSEMENT FOR EACH PARTICIPANT SERVED; AND DECLARING AN EMERGENCY. BIIT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TIXAS, THAT: SIeTION 1. A grant from the Texas Department of State Health Services in the amount of $660,000 is appropriated in the No. 1066 Health Grants Fund for the Women, Infants, and Children Program for FY2007, based on an $11.00 reimburse- ment for each participant served SIeTION 2. Upon the 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 affeirs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of ,2006. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED: September 18, 2006 EliIa Asti nt City Attorney for the City Attorney EHol'd198.doc Corpus Christi, Texas day of ,2006 TO THE MEMBERS OF THE CITY COUNCIL: Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emer- gency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: l/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, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E Marez Jesse Noyola Mark Scott 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: SeDtember 26.2006 AGENDA ITEM: l-.n A: Resolution authorizing the City Manager or designee to accept a $56,119 grant awarded by the Corporation for National and Community Service for the Retired and Senior Volunteer Program. l-.n B: Ordinance appropriating a $56,119 grant from the Corporation for National and Community Service in the NO.1 067 Parks and Recreation grants fund for the Retired and Senior Volunteer Program; and declaring an emergency. ISSUE: This grant made available through the Corporation for National and Community Service will provide enhanced funding to continue the Retired and Senior Volunteer Program The fund authorization will be for the period April 1 ,2006 through March 31, 2007. RIQUIRED COUNCIL ACTION: Council authorization is required to accept and appropriate Federal grant funds from the Corporation for National and Community Service to fund the Retired and Senior Volunteer Program from April 1, 2006 through March 31, 2007. PREVIOUS COUNCIL ACTION: On May 17, 2005, the City Council accepted and appropriated Federal funds in the amount of $55,371 from the Corporation for National and Community Service. This Council action authorized funding for the first year of a three-year continuing grant process FUNDING: The Corporation for National and Community Service is issuing a grant in the amount of $56,119 in Federal funds to the City of Corpus Christi which will provide matching funds in the amount of $57,170. CONCLUSION AND RECOMMENDATION: Council authorization is requested to accept and appropriate funds from the Corporation for National and Community Service. Attlchments: Background Information BACKGROUND INFORMATION The 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 the past grant period 908 enrolled volunteers contributed 11,301 hours each month through 76 different non- profit, health care propnetary, and governmental agencies including the City of Corpus Christi, local hospitals, the Red Cross, Texas State Aquarium, Nueces County Juvenile Justice Center and local school districts. During the FY 2005-2006 grant period 135,615 hours were contributed to the community. RSVP volunteers contributed 50,918 hours to City departments including Police, Library, Airport, Museum and Parks and Recreation, resulting in an annual value of $79,282 provided directly to the City of Corpus Christi. .....' ,'~- A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT A $56,119 GRANT AWARDED BY THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR THE RETIRED AND SENIOR VOLUNTEER PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to accept a $56,119 grant awarded by the Corporation for National and Community Service for the Retired and Senior Volunteer Program. INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas, on the__ day of _ 2006 ATTEST: CITY OF CORPUS CHRISTI Henry Garrett, Mayor Armando Chapa. City Secretary APPROVED: 13 September. 2006 If:f::~ Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney H :\LEG-DI RIOlgaR\DoyleIResolu. tlO" I06.0913DCAuthonz.ingAcpt.$56119. CorpNat. 'I&Comm.Srvsfor.Retired&.SrVolunt.eerPrgm. .doc ~ Corpus Christi. Texas Day of ,2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bitt Kelly Rex A Kinnison John E. Marez Jesse Noyola Mark Scott H :\LE G-DIR\OlgaR\Doyle\Resolu.lion \06 .0913DC.Aulhoriz.ingAcpt.$56119. CorpNat. 'I&Comm .Srvsfor.Relired& .SrVolunt.eerPrgm. .doc Page 1 of 2 ORDINANCE APPROPRIATING A $56,119 GRANT FROM THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE IN THE NO. 1067 PARKS AND RECREATION GRANTS FUND FOR THE RETIRED AND SENIOR VOLUNTEER PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A $56,119 grant from the Corporation for National and Community Service is appropriated in the NO.1 067 Parks and Recreation grants fund for Retired and Senior Volunteer Program SECTION 2. 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 is passed and takes effect upon first reading as an emergency measure this the _day of , 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor yle D. Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney H:IL EG-DIR\OlgaR\Doyle\Ordmance\06 09', 30e CoroNat 'I&Comrr Sf\, 5 Retired SrVOlun.teerPrg mOrddoc Page 2 of 2 Corpus Christi, Texas day of ,2006. 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, Henry Garrett, Mayor The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia William Kelly Rex A Kinnison John E. Ma rez Jesse Noyola Mark Scott HLEG-DIR\OlgaR\Doyle\Ord!flaflce\06.091 JOC CorpNat'I&Comm Srvs RettredSrVolun.teerPrg mOrddoc ..... 7 ~,..>-, CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 26.2006 AGEI'DA ITEM: Item A: Resolution authorizing the City Manager or designee to accept a $275,761 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. Item B: Ordinance appropriating a $275,761 grant from the Corporation for National and Community Service in the NO.1 067 Parks and Recreation grants fund for the Senior Companion Program; and declaring an emergency. ISSUE: This grant made available through the Corporation for National and Community Servies will provide funding to continue the Senior Companion Program. The fund authorization will be for the period July 1, 2006 through June 30, 2007. REQUIRED COUNCIL ACTION: Council authorization is required to accept and appropriate Federal grant funds from the Corporation for National and Community Service to fund the Senior Companion Program from July 1,2006 through June 30,2007. PREVIOUS COUNCIL ACTION: On August 30, 2005, the City Council accepted and appropriated Federal funds in the amount of $271,525 from the Corporation for National and Community Service. This Council action authorized funding for the second year of a three-year continuing grant process. FUNDING: The Corporation for National and Community Service is issuing a grant in the amount of $275,761 in Federal funds to the City of Corpus Christi which will provide matching funds in the amount of $60,493. CONCLUSION AND RECOMMENDATION: Council authorization is requested to accept and appropriate funds from the Corporation for National and Community Service. Sally Ga~ k, Director Parks an Recreation Department Attacflments: Background Information BACKGROUND INFORMATION The Senior Companion Program (SCP) assists low-income volunteers 60 years and over who are willing to serve as companions to homebound elderly and/or disabled persons 21 years of age or older. The Companions assist homebound individuals with daily living tasks, such as light meal preparation, grocery shopping and minor housekeeping chores. They also provide critical respite care service for hospice support to family caregivers. Their assistance allows homebound clients to remain in their homes, delaying institutionalization while maintaining their independence and dignity. Companion benefits include a stipend of $2.65 an hour, a $1.50 meal reimbursement and either mileage reimbursement or bus tokens. In 2006, there were 56 companions enrolled in the program. These volunteers contributed 57,936 hours of service at an estimated value of $901 ,484 provided to the local community. A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A $275,761 GRANT AWARDED BY THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR THE SENIOR COMPANION PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to accept a $275,761 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas, on the______ day of . , 2006. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor APPROVED: 15 September, 2006 ~ Doyle Curtis Cmef, Administrative Law Section Senior Assistant City Attorney For City Attorney H :\LfG-DI R\OlgaR\Doyte\Resolu. tion \06 .0915DC .Authoriz.ingAcpt.$2 7 5761 . CorpNat. 'I&Comm .Srvsfor.SrCompa.nionPrg .mRes.doc Corpus Christi, Texas Day of ,2006 The above resolution was passed by the following vote: Henry Garrett BNtnt Chesney Melody Cooper Jerry Garcia BiR Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H :\l.EG-D I R\OlgaR\Doyle\Resolu. tion\06 .0915DC .Authoriz.ingAcpt.$275761 .CorpNat. 'I&Comm.Srvsfor.SrCompa.nionPrg.mRes.doc Page 1 of 2 ORDINANCE APPROPRIATING A $275,761 GRANT FROM THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE IN THE NO. 1067 PARKS AND RECREATION GRANTS FUND FOR THE SENIOR COMPANION PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A $275,761 grant from the Corporation for National and Community Service is appropriated in the NO.1 067 Parks and Recreation grants fund for the Senior Companion Program, SECTION 2. 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 altd (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the _day of ,2006. ATTEST: THE CITY OF CORPUS CHRISTI Annando Chapa City Secretary Henry Garrett Mayor yle D. Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney H\LEG-DIR\OlgaRlDoyleIOrdinanceI06 09 15DC. CorpNa r 'I&Comm. Srvs. SrCompa. nlonPrg. mOrd. doc Page 2 of 2 Corpus Christi, Texas day of ,2006. 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, Henry Garrett, Mayor The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney r-.Aelody Cooper Jerry Garcia William Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott HILEG-DIRIOlgaR\Doyle\Ordina nce106.091 5DC. CorpNat. 'I&Comm. Srvs. S rCompa. nionPrg. mOrd. doc 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 9/26/2006 AeENDA ITEM: Motion authorizing the City Manager or his designee to execute a contract with Aloe Tile Works, Inc. for the design, fabrication, installation, and purchase of free-form art tile murals installed over a contractor installed field tile, in the amount of$14,OOO as part of the Percent for Art Program associated with the North West Bnmch Library Expansion Project. I18UE: The Arts and Cultural Commission has made a recommendation to the City Council to enter into a contract with Aloe Tile Works, Inc. for the purpose of designing and fabricating artwork for the art murals for the Northwest Branch Library Expansion project REQUIRED COUNCIL ACTION: A motion authorizing the City Manager or his designee to execute a contract with Aloe Tile Works, Inc. is required. PltEVIOUS COUNCIL ACTION: None RECOMMENDA nON: The Arts and Cultural Commission and the Visual Arts cemmittee have reviewed the recommendation of the Northwest Branch Library Expansion Art Selection Panel and approve this project. Sally Direct of Park and Recreation V Alachments: Background Information Contract Summary H:ft-Dffi\SHARED\AGENDA ITEMSCouncil Meetings\2006\09-19-06\CouncilAgeadaNWBranchUbraryArt.doc '""'Il!IIJP' BACKGROUND INFORMATION A request for proposal was distributed to artists nationwide for mural work for the Northwest Branch Library. Two sites have been selected for placement of artwork. Both are on an exterior wall of the Northwest Branch Library. Two local artists each submitted a proposal. The Northwest Branch library Selection Panel reviewed the two entries and initially asked the staff to request additional information of the artists. At the folowing meeting, the two artists were invited to discuss their proposals again in light of the questions that had been asked of them. After both artists had made their presentations, the arts panel discussed the merits of both and voted to select Aloe Tile Inc. at that June 14, 2006, meeting. The Visual Arts Committee approved the recommendation of the arts panel at their meeting in June and the Arts and Cultural Commission voted to recommend the Aloe Tile Works, Inc., art murals to City Council at their meeting held in August 2006. The local architect, Ray Torno, regularly attended the meetings of the Northwest Bnmch library Arts Panel. While not a voting member, he was consulted throughout the process. Everyone was pleased with the work that the Arts Panel selected. H :\PIt-DlR\SHARED\AGENDA ITEMS\Council MeetingsUOO6\09-19-<l6\CouncilAgendaNWBrmchLibraJyArt.doc Contract Summary 1. Aloe Tile Works, Inc. (known as the artist) agrees to provide personal and professional services in designing and constructing a permanent work of art. II. The Artist agrees to do such additional work as may be reasonably necessary to complete the Artwork in accordance with the plans and specifications. m. The Artist will furnish all labor , tools, material, machinery, equipment and incidentals reasonably necessary to the execution and installation of the Artwork except for scaffolding which the City will provide. IV. The City will pay directly to the Artist a fixed fee of $14,000 in installments, $5,OOOwithin 5 days of the execution; $2,500 within ten (10) working days upon Notice of Substantial Completion; $4,500 within 10 days of arrival of Artwork at project premises; and, $2,000 within ten (10) working days after final acceptance of the Artwork by City V. The Artist may subcontract installation of the Artwork at their expense. VI. Artist must secure and maintain, at Artist's sole expense, the level and type of insurance in accordance to the City's Risk Management Department VII. Title to the Artwork will pass to the City upon final acceptance. VIII. The Artist retains all rights under the Copyright Act of 1976, as amended, 17 USC Sections 101 et seq, and all other rights in and to the work except ownership and possession. IX. To maintain the artistic integrity of the Artwork during the lifetime of the Artist, any changes to the Artwork will be done only with their prior approval. 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 26, 2006 AGENDA ITEM: A. Resolution authorizing the City Manager, or designee, to execute the first amendment to the interlocal agreement for use of school buildings during a hurricane emergency with Corpus Christi Independent School District. B. Resolution authorizing the City Manager, or designee, to execute the first amendment to the interlocal agreement for food services during a hurricane emergency with Corpus Christi Independent School District. C. Resolution authorizing the City Manager, or designee, to execute an interlocal cooperation agreement with Corpus Christi Independent School District for use of school buses during hurricane emergency ISSUE: The Corpus Christi Area is subject to emergencies created by the approach and landfall of hurricanes. The Red Cross will not undertake its traditional role of establishing and operating shelters during hurricanes in Corpus Christi. In July, 2000 the City Council approved the authorization for the City Manager to execute an interlocal agreement between the City and the Corpus Christi Independent School District. REQUIRED COUNCIL ACTION: Authorization for the City Manager or designee to execute interlocal agreement with CCISD for use of school buildings, food service and school buses during a hurricane emergency. PtltEVIOUS COUNCIL ACTION: July 25,2000 Interlocal agreement with CCISD CONCLUSION AND RECOMMENDATION: Staff recommends adoption of the resolution 1?~ ~ Richard Hooks, Chief Corpus Christi Fire Department Attachments: Original agreements BACKGROUND INFORMATION The City and Corpus Christi Independent School District initially entered into two Interlocal Cooperation Agreements in July, 2000 to utilize school buildings to provide shelters for City employees and their families and to provide access to other school buildings for the Shelter of Last Resort Program. The second of those Interlocal Cooperation Agreements provides a mechanism by which the school district would provide food service for those individuals who might be taking refuge in the district's buildings during a declared emergency in which some form of evacuation order has been issued. The building agreement is being amended to: · Remove the requirement for the CCISD to provide a nurse at each facility · Adds a provision that provides for volunteer staffing should a storm be either a Category 4 or 5 · Deletes a provision whereby the CCISD will determine/negotiate employee compensation that shall be reimbursed by the City of Corpus Christi · Deletes the specific schools that will be utilized and inserted a provision that allows the City and CCISD to agree to specify schools The food service agreement is being amended to: . Add a provision by which CCISD will provide meal delivery vehicles · Add warehouse support induding 6 drivers and transport vehicles · Add a requirement for reimbursement of mileage for vehicles · Add a provision by which CCISD will also furnish snack at each site · Add a provision by which CCISD will be reimbursed for damage to vehicles as a result of abuse, vandalism in the transportation of goods and services. The Interlocal Cooperation Agreement for buses is a new agreement. During the City's evacuation for Hurricane Rita in 2005, CCISD cooperated with the City in coordinating and making available buses and drivers to assist with the evacuation of persons having no other means of evacuating. Shortly after the Rita operations concluded CCISD and City staff began meeting to plan for future evacuation operations, and that effort has resulted in the proposal for a new Interlocal Cooperation Agreement between the City and CCISD. - The Interlocal Cooperation Agreement provides that: · At such time as the City declares a disaster and request CCISD support the CCISD will provide as many buses as are available to evacuate citizens out of the City to designated shelter locations and return them to the City when the situation in the City is declared safe · The City will provide support staff at each of the designated departure locations to assist with registration, security/traffic control, and health care services. · The City will provide reimbursement to the CCISO for employee compensation for drivers and administrative support, and for the buses based upon miles driven. The activities that have resulted in this agreement being brought forward were not restricted to the City and CCISD. The RTA, Flour Bluff ISO, Calallen ISO, and Tuloso-Midway ISO have all been active participants. It is anticipated that similar agreements will be on the Council agenda in the near future with the three ISDs Original Agreements INTERLOCAL AGREEMENT FOR USE OF SCHOOL BUILDINGS DURING HURRICANE EMERGENCY This Interlocal Agreement is entered into by and between the City of Corpus Christi. Texas ("the City") and the Corpus Christi Independent School District ("the District"). Recitals The Corpus Christi area is subject to emergencies created by the approach and landfall of hurricanes. The American Red Cross now refuses to undertake its traditional role of establishing and operating shelters during hurricanes because of its determination that buildings in coastal areas cannot assure the safety of their volunteers and users of the shelters. While ideally indIviduals would evacuate themselves to inland areas upon the approach of a hurricane, many will not do so either because of physical or economic inability or because of conscious refusaL Consequently, after Hurricane Bret in 1999, there has been strong public demand for the City to establish and operate shelters during hurricanes. In response to the desire expressed by the public. the City wishes. in the exercise of its police power, to establish and operate hurricane shelters for the general health, safety, and welfare of the public. The District owns school buildings that, based on size alone, may be adapted as shelters during a hurricane. It is unknown if any such building will withstand a hurricane, and no representation will be made as to suitability of any such building for a hurricane shelter. The City desires to use said buildings as emergency shelters on an AS IS. WITH ALL F AUL TS basis. NOW, THEREFORE, in consideration of the mutual covenants herein exchanged, the City and the District agree as follows: A. LEASE OF SCHOOL FACILITIES The District hereby agrees to lease to the City, upon the occurrence of the events described herein, certain of its schools or portions thereof "the School Facilities." for use as emergency shelters immediately before. during, and after landfall of a hurricane. In the event of a declaration of disaster declared by the City as a result of the imminent threat of a hurricane, the City Manager of the City will notify the Superintendent of the District, and the Superintendent will make the School Facilities available for use by the City for the duration of the declaration of R02901D3.wpd 2000-240 7/25/00 Res. 024134 CCISD disaster. The Superintendent and the City Manager are delegated the authority, in their complete discretion and judgment under the circumstances existing at that time, to detennine which facilities should be made available. Exhibit A, which is attached to and incorporated by reference into this agreement, sets out the services and commitments each party agrees to perform to implement this agreement. THE DISTRICT LEASES THE SCHOOL FACILITIES TO THE CITY AS IS, WITH ALL FAULTS. THE DISTRICT EXPRESSLY DISCLAIMS ALL WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, AS TO THE SUITABILITY OF THE SCHOOL FACILITIES FOR THE PURPOSES UNDERTAKEN BY THE CITY. The City shall be solely responsible for the operation of the School Facilities as emergency shelters. During operation of the emergency shelters, the City shall have sole authority to direct all persons and activities on the leased premises. The City shall have sole authority to communicate to the public the time at which the School Facilities will be available and the conditions governing their use. The City shall pay to the District all costs incurred by the District resulting from the City's use of the School Facilities, including but not limited to the District's actual cost of personnel and estimated cost of utilities. The City will return the School Facilities to the District in a condition equal to or better than the condition in which the City received the Facilities; provided, however, at the District's option, the District may provide for cleanup of the facilities and any repairs resulting from the City's use of the School Facilities, and charge the actual cost of same to the City. The City will pay to the District'the costs resulting from the City's use of the School Facilities within 30 days of receipt of the District's invoice therefore. B. GENERAL PROVISIONS Once approved, this Agreement shall be for a term of one year commencing April I, 2000, and shall be automatically renewed annually unless either party cancels by giving to the other party written notice no later than October I of the preceding year. Any costs incurred by the District in addition to those provided for elsewhere in this Agreement shall be paid by the City within 30 days of the District's invoice therefore. The City Manager and Superintendent are authorized and directed to take all steps necessary or convenient to implement this Agreement, and shall. prior to the commencement of the hurricane season, cooperate in developing a plan for the implementatiQn ~f~he,Jlctivitiesnprovided for in this Agreement. . .;. . This Agreement is for the sole benefit of the City and the District, and is not for the R02901D3.wpd benefit of any third party. All activities undertaken under this Agreement shall be solely for the benefit of the health, safety, and welfare of the public generally, and are not for the benefit or any particular person All financial obligations in this Agreement shall be payable from current revenues available to the paying party. Notices pursuant to this agreement may be delivered by mail as follows: 1) to the City addressed to David R. Garcia, City Manager, P.O. Box 9277, Corpus Christi, Texas 78469-9277; 2) to the District addressed to Superintendent of Schools, 801 Leopard, Corpus Christi, Texas 78401 , or to such other address as either party may specify to the other party in writing. With the exception of minor modification agreed to in writing by the City Manager and Superintendent, this Agreement may not be amended except by written agreement approved by the governing bodies ofthe City and the District. In particular, but without limitation, the City's sole responsibility for operations and activities provided for in this Agreement may not be modified in any respect by any act or omission by any officer, employee, or agent of the City or the District. CITY OF CORPUS CHRISTI CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT '~~~~jU ~ 1S/~'1 _ Pinky Brau President Date: APPROVED: ~~Lf1?H '20~'~ " ro'l~ 1 I ~ ~pD -" ....#~ R02901Dl.wpd EXHIBIT 'A' SCHOOL BUILDING USE The following is the basic und....tandinG regarding the agreement between the City of Corpus Christl and the Corpus Christi ISO: · The City will provide at each shelter (at a minimum), including CCISD employee family shelter, the foIowing: 1 shelter manager 1 assistant shelter manager 2 police officers 2 (EMT) emergency medical technicians (if available) · The CCISO will provide at each CCISO shelter (at a minimum). not including other non- CCISD owned facilities, the following: 2 CMlpuS administrators 3 campus custodians 1 ~urse [If available) 1 bus driver 1 bus · The CCISD will provide at two (2) shelter locations the following maintenance empfoyees: 1 electrician 1 HVAC mechanic · The City will wor1t (CPl) Central Power & Ught, Company to raise the level of priority regartting restoration cI electrical service to all the shelters, CCISD Central Kitchen located at 4922 Westway Dr. and CCISD Command Center located at 1220 Agnes. · The CCISO will provide two (2) central staff administrators at the following locations: 1 g City EMO center as overaU coorttinator 1 G City EMO center as shelter administrator 1 (II CClSO Command Center for general coordination 1 G CC1SO Command Center for general coordination · The City will reimburse the CCISD the following in full: Employee compensation for requested services will be detenninedlnegotiated by the City Manager and Superintendent of Schools. Physical plant reimbursements, which include gas, water, waste water, electricity, etc., at established rate Damages for facilities and equipment as a result of abuse, vandalism. etc. as a resun of facility usage during the agreement period Supplies such as toilet paper, cleaners, etc., for all shelters. Exhibit 'A' Page 2 . The City may use the following shelters: 1 Driscoll 2. Grant 3. Kaffie (CCISD and RTA family shelter) 4. Martin 5. Mary Grett (for special population) 6. Moody (City employees) 7 Ray 8. Garcia 9. Jones 10. Galvan 11. Dawson 12. Cunningham \ . The City prov;de sand bags with sand to sufficiently protect vulnerable areas for each shelter, including CCISD family shelter. . The City will include CCISD and staff in aU training and exercises in the areas of emergency operations, shelter management, etc.. at no cost to the Oistrid. . The CCISD and City will conduct pre and post facility conditional reviews of each shelter to document condition. . The City wKI reimburse the District the labor and material to secure the shelters. laIII: ptt... 01lI07100 l' .:ze AM \\FS, _ 185CC1$CA$YS\AU lADMIN\\M'IHURRICANlE)(HISlT II.- 1.doc INTERLOCAL AGREEMENT FOR FOOD SERVICES DURING HURRICANE EMERGENCY This Interlocal Agreement is entered into by and between the City of Corpus Christi, Texas ("the City") and the Corpus Christi Independent School District ("the District"). Recitals The Corpus Christi area is subject to emergencies created by the approach and landfall of hurricanes. The American Red Cross now refuses to undertake its traditional role of establishing and operating shelters during hurricanes because of its determination that buildings in coastal areas cannot assure the safety of their volunteers and users of the shelters. While ideally individuals would evacuate themselves to inland areas upon the approach of a humcane, many will not do so either because of physical or economic inability or because of conscious refusal. Consequently, after Hurricane Bret in 1999, there has been strong public demand for the City to establish and operate shelters during hurricanes. In response to the desire expressed by the public, the City wishes, in the exercise of its police power, to establish and operate hurricane shelters for the general health, safety, and welfare of the public. The District and City have entered into a separate interlocal agreement under which the District will make some school buildings available to the City for uses as hurricane shelters. The District has a central kitchen facility that could be used to help prepare food for those seeking shelter. NOW, THEREFORE. in consideration of the mutual covenants herein exchanged. the City and the District agree as follows: A. DISTRICT'S PREPARATION OF FOOD FOR REFUGE OF LAST RESORT PROGRAM The District will be the primary food source for the "Refuge of Last Resort" shelter program. The District's Central Kitchen, upon notification by the City, will prepare prepackaged food for up to 10,000 persons using USDA commodities, when available. Initial delivery will be by the District, and will be coordinated with the City's Emergency Operations Center logistics R02901B3.wpd 2000-242 7125/00 Res. 024135 CCISD supervisor Up to two meals, if possible, will be delivered prior to the storms arrival within the City. After the stonn has passed through the City, the District will prepare meals as long as the shelters are being operated by the City (maximum of four days.). Transportation of meals is defined in Exhibit A. Exhibit A, which is attached to and incorporated by reference into this agreement, sets out the services and commitments each party agrees to perform to implement this agreement. The City will pay to the District the costs of providing meals to the shelters within 30 days of receipt of the District's invoice. Any costs incurred by the District associated with preparation and delivery meals will be billed by the District on an actual cost basis (including food costs, labor cost, including the cost to retain District employees before and after storm, transportation costs, and kitchen costs.) PRIORITY OF CENTRAL KITCHEN FACILITY FOR RESTORATION OF POWER LOSS DURING STORM The City will seek to put the District's central kitchen facility on Central Power and Light's priority list to restore power ifJost during a storm, as soon as possible. B. GENERAL PROVISIONS Once approved, thiS Agreement shall be for a term of one year commencing April 1, 2000, and shall be automatically renewed annually unless either party cancels by giving to the other party written notice no later than October 1 of the preceding year. Any costs Incurred by the District in addition to those provided for elsewhere in this Agreement shall be paid by the City within 30 days of the District's invoice therefore. The City Manager and Superintendent are authorized and directed to take all steps necessary or convenient to implement this Agreement, and shall, prior to the commencement of the hurricane season, cooperate in developing a plan for the implementation of the activities provided for in this Agreement. This Agreement is for the sole benefit of the City and the District, and is not for the benefi t of any third party. All activities undertaken under this Agreement shall be solely for the benefit of the health, safety, and welfare of the public generally, and are not for the benefit or any particular person. R02901B3.wpd All financial obligations in this Agreement shall be payable from current revenues available to the paying party. Notices pursuant to this agreement may be delivered by mail as follows: 1) to the City addressed to City Manager, P.O. Box 9277, Corpus Christi, Texas 78469-9277; 2) to the District addressed to Superintendent of Schools, 801 Leopard, Corpus Christi, Texas 78401, or to such other address as either party may specify to the other party in writing. With the exception of minor modifications agreed to in writing by the City Manager and Superintendent, this Agreement may not be amended except by written agreement approved by the governing bodies of the City and the District. In particular, but without limitation, the City's sole responsibility for operations and activities provided for in this Agreement may not be modified in any respect by any act or omission by any officer, employee, or agent of the City or the District. CITY OF CORPUS CHRISTl CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT ~ ~t..r ~J/.A ~.MJ/L- Pi~ B~;:;; d President Date~ APPROVED: t ~h. .Qes CJ~I.3-:i ~: ." ~0~o _. Oc sfClinAhvd- R02901B3.wpd EXHIBIT 'A' FOOD SERVICES T" following is the basic understanding regarding the agreement between the City of Corpus Christl and Corpus Christi ISO: STAFFING · The City will provide at each shelter (at minimum), the following staffing: 1 food and supply coordinator, with food handlers permit by health department 1 shelter coordinator at City EMO · The CCISD will provide at CCISD Central Kitchen (at minimum), the following staff: 15 cafeteria helpers 1 kitchen manager 1 warehouse manager 2 drivers TRANSPORTATION · The City will provide meal transportation when weather conditions prohibit the nonnal delivery. · The CCISD wiU provide meal transportation prior to and immediatefy after the event under nonnal 'N88ther conditions. · The City will coordinate with CCISD all meal transportation. WATERlBEVERAGE · The City will provide drinking water to all shelters. · cClse will provide available beverages which shall be fully reimbursed. ELECTRICAL. POWER · The City will endeavor to provide an alternative method of electrical power such as portable generator(s), for Centnll Kitchen. · celse cannot warranty refrigeration of fOOd products due to electrical power outages, or other disruption of electrical power. · Physical plant reimbursements, which indude gas, water, waste water, electricity, etc. to be reimbursed at established rate as per shelter agreement Exhibit A Food Services Page 2 MEALS · The City shall reimburse the CCISO the actual cost of meals at the established rate at the time of the request. · CCISD will provide commodities available at the time of the event. Any other commodities must be requested in enough time to obtain such. All commodities, except those provided by USDA, are to be reimbursed at actual cost. · CCISD will provide pre-packaged sandwiches for lunch and dinner. · CCISD will provide a breakfast of assorted cereal (and milk, if available) for breakfast. · eCI SO will provide the use of school kitchens, if needed. OTHER · CCISD shall be reimbursed for any supplies requested or needed as per shetter agreement. · CCISO will allow access to school refrigeration, if needed. · Damage for the school facility/kitchens as a result of abuse, vandalism, etc., as a result of facility usage during the agreement period shall be reimbursed by the City to the school district. · CCISD will provide the Central Kitchen located at 4922 Westway, as part of the agreement. The facility shall be used by CCISD employees only and for the purpose of providing meals under this agreement Last printed 07/18100 1252 PM \\FS1_195CCISD\SYS\ALL\ADMIN\WP\t1URRICAN\EXHIBIT A-3.doc RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT FOR USE OF SCHOOL BUILDINGS DURING HURRICANE EMERGENCY WITH CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute the first amendment to the Interlocal Agreement for Use of School Buildings During Hurricane Emergency with Corpus Christi Independent School District. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: ~tlay of. 0) V 'I-C- /~~/ R. Jay ei ng// First Assistant City Attorney For City Attorney Henry Garrett Mayor ,2006. R62903F1 doc 1 Corpus Christi, Texas of ,2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney tv1elody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John Marez Jesse Noyola Mark Scott R62903F 1 doc 2 FIRST AMENDMENT TO INTERLOCAL AGREEMENT FOR USE OF SCHOOL BUILDINGS DURING HURRICANE EMERGENCY This IS an amendment to the Interlocal Agreement for Use of school buildings during Hurricane Emergency that were entered into by and between the City of Corpus Christi, Texas ("the City") and the Corpus Christi Independent School District (lithe District") on August 14, 2000, ("Interlocal Agreement"). Section 1. Exhibit A, Which was attached to and incorporated by reference into the Interlocal Agreement, is revised. Exhibit A as attached to and incorporated by reference into this Agreement is substituted for Exhibit A of the Interlocal Agreement, and sets out the services and commitments each party agrees to perform to implement this agreement. Section 2. The remaining provisions of the Interlocal Agreement remain in full force and effect Agreed to this ___ day of __, 2006. ATTEST CITY OF CORPUS CHRISTI George K. Noe City Manager Armando Chapa City Secretary APPROVED Approved as to Legal form: ------- s: sft-JfL'1. ~f'\-f:1_1 R62903E.5.doc 1 - EXHIBIT A SHELTER OF LAST RESORT SCHOOL BUILDING USE AGREEMENT The following is the basIc understanding regarding the agreement between the City of Corpus Christi and the Corpus Christi ISO: 1. The City will provide at each shelter (at a minimum), including the CCISD employee family shelter, the following: 1 shelter manager 1 assistant shelter manager 2 police officers 2 (EMT) emergency medical technicians (if available) 2. CCISD will provide at each CCISD shelter (at a minimum), not including other non- CCISD owned facilities, the following: 2 campus administrators 3 campus custodians 1 bus driver 1 bus 3. If the hurricane reaches Category 4 or 5 - the shelters will be manned by City and CCISD volunteers only. 4. The CCISD will provide at two (2) shelter locations the following maintenance employees: 1 electrician 1 HVAC mechanic 5. The City will work with AEP to raise the level of priority regarding restoration of electrical service to all the shelters, the CCISD Central Kitchen located at 4922 Westway Dr., and the CCISD Command Center located at 1220 Agnes 6. The CCISD will provide two (2) central staff administrators at the following locations: 1 @ City EMO center as overall coordinator 1 @ City EMO center as transportation administrator R62903E5 doc A-1 @ CCISD Command Center for general coordination 1 @ CCISD Command Center for general coordination 7. The City will reimburse the CCISD the following in full: a. Physical plant reimbursements, which include gas, water, waste water, electricity. etc., at established rates. b. Damages for facilities and equipment as a result of abuse, vandalism, etc. as a result of facility usage during the agreement period c. Supplies such as toilet paper, cleaners, etc., for all shelters. 8. The City and CCISD will agree on the specific facilities that will be used as shelters, based on the suitable facilities that CCISD has available, 9. The City will provide sand bags with sand to sufficiently protect vulnerable areas for each shelter, including CCISD family shelter. 10. The City will include CCISD and staff in all training and exercises in the areas of emergency operations, shelter management, etc., at no cost to the District. 11. The CCISD and City will conduct pre- and post-facility conditional reviews of each shelter to document condition, 12. The City will reimburse the District the labor and material to secure the shelters. R812903E5doc A-2 .......- -.;....,.. RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT FOR FOOD SERVICES DURING HURRICANE EMERGENCY WITH CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute the first amendment to the Interlocal Agreement for Food Services During Hurricane Emergency with Corpus Christi Independent School District. ATTEST: THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Armando Chapa City Secretary APPROVED: &-U -fttday of ,) (..) I) ~ ~~~' ~~taASS~~~~ City ~:orney For City Attorney ,2006. R62903G1doc 1 ~ Corpus Christi, Texas of ____ ' 2006 The above resolution was passed by the following vote: Henry Garrett _______ Brent Chesney Melody Cooper Jerry Garcia BiI Kelly Rex A Kinnison John Marez Jesse Noyola Mark Scott R12903G 1.doc 2 FIRST AMENDMENT TO INTERLOCAL AGREEMENT FOR FOOD SERVICES DURING HURRICANE EMERGENCY This is an amendment to the Interlocal Agreement for Food Services during Hurricane Emergency that was entered into by and between the City of Corpus Christi, Texas ("the City") and the Corpus Christi Independent School District ("the District") on August 14, 2000, ("Interlocal Agreement"). Section 1. Exhibit A, which was attached to and incorporated by reference into the Interlocal Agreement, is revised. Exhibit A as attached to and incorporated by reference into this First Amendment is substituted for Exhibit A of the Interlocal Agreement, and sets out the services and commitments each party agrees to perform to implement this agreement. Section 2. The remaining provisions of the Interlocal Agreement remain in full force and effect. Agreed to this _ day of 2006. CITY OF CORPUS CHRISTI ATTEST George K. Noe City Manager AFmando Chapa City Secretary APPROVED: R.~in;:/' FiflSt Assistant City Attorney F or City Attorney Approved as to Legal form: A~;,~~'f "'{ R62903D2.doc 1 ....-.. ","._, EXH:BIT A SHELTER OF LAST RESORT FOOD SERVICES AGREEMENT The following is the basic understanding regarding the agreement between the City of Corpus Christi and Corpus Christi Independent School District: 1. STAFFING a. The City will provide at each shelter (at minimum), the following staffing: 1 food and supply coordinator, with food handlers permit by health department 1 shelter coordinator at City EMO b. The CCISD will provide at CCISD Central Kitchen (at minimum), the following staff: 15 cafeteria helpers 1 kitchen manager 1 warehouse manager 2 dnvers with delivery vehicles for meal delivery c. The CCISD will provide for warehouse support, the following: 6 drivers with transport vehicles 2. TRANSPORTATION a. The City will provide meal transportation when weather conditions prohibit the normal delivery. b. The CCISD will provide meal transportation prior to and immediately after the event under normal weather conditions. c. The City will coordinate with CCISD all meal transportation. d. The CCISD will be reimbursed mileage at established rate at the time of request. 3. WA TERlBEVERAGE a. The City will provide drinking water to all shelters. b. CCISD will provide available beverages which shall be fully reimbursed. R62903D2 doc A-1 ~ 4. ELL-Cn~iC/\L !JOWER a. The City will endeavor to provide an alternative method of electrical power such as portable generator(s), for Central Kitchen. b CCISD cannot warranty refrigeration of food products due to electrical power outages, or other disruption of electrical power. c. Physical plant reimbursements, which include gas, water, waste water, electricity, etc. to be reimbursed at established rate as per shelter agreement. 5. MEALS a. The City shall reimburse the CCISD the actual cost of meals at the established rate at the time of the request b. CCISD will provide commodities available at the time of the event. Any other commodities must be requested in enough time to obtain such. All commodities, except those provided by USDA, are to be reimbursed at actual cost. c. CCISD will provide pre-packaged sandwiches for lunch and dinner. d. CCISD will provide a breakfast of assorted cereal (and milk, if available) for breakfast. e. CCISD will provide the use of school kitchens, if needed. f CCISD will provide snacks for each site, within available resources. 6. OTHER a. CCISD shall be reimbursed for any supplies requested or needed as per shelter agreement b. CCISD will allow access to school refrigeration, if needed. c. Damage for the school facility/kitchens as a result of abuse, vandalism, etc., as a result of facility usage during the agreement period shall be reimbursed by the City to the school district. d. CCISD will provide the Central Kitchen located at 4922 Westway, as part of the agreement. The facility shall be used by CCISD employees only and for the purpose of providing meals under this agreement. e. CCISD shall be reimbursed for damages to vehicles as a result of abuse, vandalism in the transportation of goods and services. R62103D2 doc A-2 RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR USE OF SCHOOL BUSES DURING HURRICANE EMERGENCY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute an interlocal cooperation agreement with Corpus Christi Independent School District for the use of school buses during hurricane emergency. ATTEST: THE CITY OF CORPUS CHRISTI Henry Garrett Mayor ,2006. R62903C 1 doc 1 Corpus Christi, Texas ~ ,2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Ke lIy Rex A. Kinnison John Marez Jesse Noyola Mark Scott R62903Cldoc 2 INTERLOCAL AGREEMENT FOR USE OF SCHOOL BUSES DURING HURRICANE EMERGENCY This Interlocal Agreement is entered into by and between the City of Corpus Christi, Texas C'City"\ and the CorPLlS Christi Independent School District ("District"). RECITALS The Corpus Christi area is subject to emergencies created by the approach and landfall of hurricanes. The American Red Cross now refuses to undertake its traditional role of establishing and operating shelters during hurricanes because of its determination that buildings in coastal areas cannot assure the safety of their volunteers and users of the shelters. While ideally individuals would evacuate themselves to inland areas upon the approach of a hurricane, many will not do so either because of physical or economic inability. Consequently, after Hurricanes Katrina and Rita in 2005, there has been strong public demand for the City to provide the means to evacuate residents before hurricanes make landfall in this area. In response to the desire expressed by the public, the City wishes, in the exercise of its police power, to operate school buses to evacuate needy residents for the general health, safety, and welfare of the public. The District owns a fleet of school buses that could be used to evacuate residents prior to a hurricane making landfall. The City desires to use the District's school buses on an AS IS, WITH ALL FAULTS basis. NOW, THEREFORE, in consideration of the mutual covenants herein exchanged, the City and the District agree as follows: A LEASE OF SCHOOL BUSES A-1. The District hereby agrees to lease to the City, upon the occurrence of the events described herein, certain of its school buses, for use to evacuate City residents to shelters located outside the City before a hurricane makes landfall in the area, and to return the residents after landfall of the hurricane a. In the event of a declaration of disaster declared by the City as a result of the imminent threat of a hurricane, the City Manager of the City will notify the Superintendent of the District, and the Superintendent will make the school buses available for use by the City for the duration of the declaration of disaster. b. The Superintendent and the City Manager are delegated the authority, in their complete discretion and judgment under the circumstances existing at that time, to determine which school buses should be made available. R6290382 doc A-1 A-2 Exhibit A, which is attached to and incorporated by reference into this agreement, sets out the services and commitments each party agrees to perform to implement this agreement. A-3. THE DISTRICT LEASES THE SCHOOL BUSES TO THE CITY AS IS, WITH ALL FAULTS THE DISTRICT EXPRESSLY DISCLAIMS I\LL WARRANTIES VVHATSOEVER, EXPRESS OR IMPLIED, AS TO THE SUITABILITY OF THE SCHOOL BUSES FOR THE PURPOSES UNDERTAKEN BY THE CITY. A-4. The City shall be solely responsible for the operation of the School buses leased hereunder. During evacuation operations, the City shall have sole authority to direct all persons and activities connected with such operations, including bus drivers and any other personnel furnished by the District. The City shall have sole authority to communicate to the public regarding the availability of the school buses and the conditions goveming their use A-5. The City shall pay to the District all costs incurred by the District resulting from the City's use of the school buses, including but not limited to the District's actual cost of personnel and fuel. The City will return the school buses to the District in a condition equal to or better than the condition in which the City received the buses. Provided, however, at the District's option, the District may provide for cleanup of the buses and any repairs resulting from the City's use of the school buses, and charge the actual cost of same to the City. The City will pay to the District the costs resulting from the City's use of the school buses within 30 days of receipt of the District's invoice therefore. B. GENERAL PROVISIONS B-1. Once approved, this Agreement shall be for a term of one year commencing June 1, 2006, and shall be automatically renewed annually unless either party cancels by giving to the other party written notice no later than October 1 of the preceding year. B-2. Any costs incurred by the District in addition to those provided for elsewhere in this Agreement shall be paid by the City within 30 days of the District's invoice therefore. B-3. The City Manager and Superintendent are authorized and directed to take all steps necessary or convenient to implement this Agreement, and shall, prior to the commencement of the hurricane season, cooperate in developing a plan for the implementation of the activities provided for in this Agreement. B-4. This Agreement is for the sole benefit of the City and the District, and is not for the benefit of any third party 8,,5. All activities undertaken under this Agreement shall be solely for the benefit of the health, safety, and welfare of the public generally, and are not for the benefit or any particular person. 8-6. All financial obligations in this Agreement shall be payable from current revenues available to the paying party. R62903B2. doc A-2 B-7 Notices pursuant to this agreement may be delivered by mail as follows: a. Notice to the City must be addressed to: City Manager POBox 0277 Corpus Christi, Texas 78469-9277 b. Notices to the District must be addressed to: Superintendent of Schools 801 Leopard Corpus Christi, Texas 78401 c. Or notice may addressed to such other address as either party may specify to the other party in writing. B-8. With the exception of minor modification agreed to in writing by the City Manager and Superintendent, this Agreement may not be amended, except by written agreement approved by the governing bodies of the City and the District. In particular, but without limitation, the City's sole responsibility for operations and activities provided for in this Agreement may not be modified in any respect by any act or omission by any officer, employee, or agent of the City or the District. Agreed to this ___ day of _______. 2006. ATTEST CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED' George K. Noe City Manager ~. .......... .HRISTIINDEPE .. DISTRICT a . Dr. Manuel Flores President, Board of Trus ees Approval as to legal form: .4 s-~~~ Alro,~, E .~ R62903B2.doc A-3 EXHIBIT 'A' SCHOOL BUS USE The following is the basic understanding regarding the agreement between the City of Corpus Christi and the Corpus Christi ISD: 1. The CCISD will provide as many buses as available at the departure points located at Cabaniss Field and Oveal Williams Senior Center. 2. The CCISD buses will drive evacuees to a designated shelter outside the city limits. 3. The CCISD buses will return with evacuees when it is declared safe to return to the city. 4. The CCISD will provide a supervisor to the EOC to communicate with bus drivers until drivers return back to the city_ 5. The City will provide staff at each location to provide: a. Registration. b. Security\Traffic control. C. Water & Snacks. d. Health services. 6. The City will reimburse the CCISD the following in full: a. CCISD employee's compensation for requested services will be determined/negotiated by the City Manager and Superintendent of Schools. Recommended compensation is as follow: CCISD hourly/mileage reimbursement rates: Administrators -- $72/hour. Bus drivers - $25/hour Mileage rate -- $2.50/mile b. Bus charges at the established rate, to include fuel cost. c. Damages to buses as a result of abuse, vandalism, etc. as a result of bus usage during the agreement period. d. Supplies used on the bus. 7. The City will include CCISD and staff in all training and exercises in the areas of emergency operations, shelter management, etc., at no cost to the District. R6290382 doc A-4 10 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: a. Motion authorizing the City Manager or his designee to reallocate FY2000 CDBG funds from the Wests ide Business Association project to the FY2000 COBG South Texas Institute for the Arts project for the expansion of activities for the Antonio E. Garcia Education Center b Motion authorizing the City Manager or his designee to execute an agreement with Naismith Engineering, Inc. for $13,536 to develop a Phase II Environmental Site Assessment for the City of Corpus Christi/ South Texas Institute for the Arts project. c Motion authorizing the City Manager or his designee to execute all required documents to purchase property located at 2027 Agnes Street for the South Texas Institute for the Arts project for the expansion of activities for the Antonio E. Garcia Education Center ISSUE: Amending an approved Annual Action Plan project with Community Development Block Grant (CDBG) Program funds requires City Council action and approval. PRIOR: . On July 7, 1992, the City Council authorized a lease agreement between the Corpus Christi Art Foundation, Inc.ldba South Texas Institute for the Arts and the City of Corpus Christi (Ord.021424) . On May 18, 1999, the City Council adopted its 1999 Consolidated Annual Action Plan for Community Planning and Development Programs totaling $6,893,000 that included $4,929,000 for the CDBG program (M99-148). Included in this action was the approval of the Corpus Christi Art Foundation, Inc.ldba South Texas Institute for the Arts property purchase adjacent (along side 1 ih Street between Agnes and Marguerite Streets) to the Antonio E. Garcia Education Center to develop youth activities park for the Antonio E. Garcia Education Center for $40,000. . On May 9 2000, the City Council adopted its FY2000 Consolidated Annual Action Plan for Community Planning and Development Programs totaling $8,056,562 that Included $6,093,562 for the CDBG Program (M2000-139). Included in this action was the approval of the Wests ide Business Association project that entailed the renovation and beautification of Agnes/Laredo corridor for $20,000. . On August 22 2000, City Council approved an ordinance authorizing the City Manager or his designee to execute the "First Amendment to lease agreement" with the Corpus Christi Art Foundation, Inc./dba South Texas Institute for the Arts for the lease of two properties [along side 1ih Street between Agnes and Marguerite Streets and 2027 Agnes Street (corner lot at 18th Street and Agnes Streets)] from the City for consideration of one dollar per year for the purpose of developing a youth activities park and to provide bus access to the Antonio E. Garcia Education Center, and providing for the automatic renewal of the lease term for an additional ten years; and providing for publication One of those properties REQUIRED COUNCIL ACTION: Authorize the City Manager or his designee to amend the FY2000 Consolidated Annual Action Plan project for the South Texas Institute for the Arts for the expansion of activities for the Antonio E. Garcia Education Center. RECOMMENDATION: That the City Manager or his designee be authorized to amend the FY2000 Consolidated Annual Action Plan project for the South Texas I nstitute for the Arts for the expansion of activities for the Antonio E Garcia Education Center. FUNDING: FY2000 COBG Program funds. ADDITfJNAL SUPPORT MATERIAL Background Information [RJ - BACKGROUND INFORMATION a On May 9,2000, the City Council adopted its FY2000 Consolidated Annual Action Plan for Community Planning and Development Programs totaling $8,056,562 that includes $6,093,562 for the COBG Program (M2000-139). Included in this action was the approval of the Westside Business Association (WBA) project that entailed the renovation and beautification of Agnes/Laredo corridor for $20,000. The project scope included repairing and etching of sidewalks on Agnes Street between Crosstown Freeway and 19th Street, and developing the corner lot property located at 19th and Agnes for the purposes of a bus stop and public park meeting area. In addition, City Council approved purchasing the 2027 Agnes Street property adjacent to the Antonio E Garcia Arts Education Center, removing the eXIsting building on site and adding a bus access and egress to the Center for $15,000. A letter relinquishing the $20,000 of COBG funds has been received from the WBA. All community partners Involved such as the South Texas Institute for the Arts (Antonio E, Garcia Education Center), WBA. RTA Nueces County (Commissioner Betty Jean Longoria), Neighborhood Center of Corpus Christi and the City of Corpus Christi are in full support of this endeavor b On November 8, 2005, the City of Corpus Christi executed a professional services agreement with Arcadis G&M, Inc. to perform an Environmental Site Assessment (ESA) Phase I in accordance with ASTM Standard E1527-00 (Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process). Based on the findings of the Phase I ESA, the following action(s) was recommended: 1) Performance of Phase II ESA at the proposed project site to determine if soils and/or groundwater have been affected by the UST system Henceforth, a Phase II ESA is being proposed. The project task of conducting the Phase II ESA will take approximately 12 weeks to complete. Any excess funding tor performing the Phase II ESA will be applied towards the purchase and/or demolition of the structure on the property. In the event that the City of Corpus Christi/South Texas Institute for the Arts determines that it is In the best interest to move forward with the purchase of the property located at 2027 Agnes Street and given that It IS economically feasible, the City of Corpus Christi is requesting the authorization to execute all required documents to purchase the property. 11 -~,..,-_.~. ..,,- CITY COUNCIL AGENDA MEMORANDUM September 26, 2006 ~NDA ITEM: Motion authorizing the City Manager or his designee to extend the maintenance service agreement with Tiburon Inc. of Fremont, California for four additional months for $33,652. Included in the maintenance agreement are the Tiburon modules for Records Management Computer Aided Dispatch, Mobile Data, Automated Vehicle Locator and Video Imaging, ISSUE: Software must be maintained to allow for upgrades and improvements and to ensure that is stays compatible with other systems. Tiburon, Inc. provided a quote for maintenance from September 1,2005 through December 31,2006 of the City of Corpus Christi's Tiburon applications. Tiburon, Inc. is the sole provider of Tiburon application software maintenance REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over $25.000. PREVIOUS COUNCIL ACTION: · On November 25, 1997, City Council authorized purchase of the Computer Aided Dispatch and Records Management modules with associated hardware · Since that time, City Council has approved subsequent enhancements and annual software mai ntenance renewals · On March 28, 2006, City Council authorized purchase of replacement Records Management, Computer Aided Dispatch, Mobile Data, Automated Vehicle Locator and Video Imaging modules from Intergraph Public Safety, Inc. FUNDING: Amount Budgeted $33.652 Source of Funds 5210-40495-530230 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. C> .c:-. ~r...-. Ogilvie F. Gericke Director of MIS A1ttachments: Exhibit A - Software Support and Maintenance Fees Exhibit B - Schedule of Services and Charges Exhibit C - Invoice # P242535 BACKGROUND INFORMATION The Records Management System (RMS) is the backbone of all information processed by the Police Department -- offense reports, traffic reports, supplementary reports, pawn shop data, alarms records, criminal history checks, arrest records, etc. The Computer Aided Dispatching (CAD) is a computerized system by which information is received from the pUblic through 911 and dispatched to officers in the field. Mobile Data is the laptops in the vehicles and the Automated Vehicle Locator is the system used to provide locations of all patrol units on a GIS mapping system. The systems were implemented in 1997 to replace outdated technology. We are in the process of replacing the existing Tiburon Records Management, Computer Aided Dispatch, Mobile Data, Automated Vehicle Locator and Video Imaging modules and it is anticipated that the City will convert to the new Intergraph CAD module during December 2006 EXHIBIT A, TO THE AGREEMENT FOR EXTENDED S!!RVICES SOFTWARE SUPPORT AND MAINTENANCE FEES CLIENT Corpus Christi Police Department 321 John S.-tlin Corpus Christi. TX 78401 CONTACT ~ Susan Allen CLIENT # NU 115-05 ,- HOC. t.JJ..1 U..... Support and Maintenance provided to the CLIENT listed above shall be pursuant to the terms and conditions of tM TI8URON Agreement for Extended Service (the "Agreement"). n. term of the Agreement shall commence on the effectiVe date and shell continue until termination in acIOrd8nce with the terms thereof. This exhibit sets forth the current annual maintenance fee for the software apPlications end software modules listed below. Upon payment of the amount Nt forth below, this Exhibit A shlltl be attached to and become pert of the Agreement. Except as provtded below. annual maintenance fees a,. p.ble In advance of each anniversary of the effective date of the Agreement. Tlburon resel'VH the right to ~ the annual maintenance fee on an annuel basis upon ninety (90) days prior written notice to the CLIENT, whlc:t1 adjustments shall become effective on the enniversary of the effective date of the Agreement. The ennuII maintenance fee wifl be adjusted as necessary to reflect chengM in the software applications end soIware modui. lilted below or changes in the level of support provided under the Agreement. Such actu.tments will be charged or credited as incurred on a pro rata bui. and will be reflected In a new Exhibit A, which, upon delivery to the CLIENT, shall be attached to, and become part of, the Agreement. Pawments for 811 technical service8 outside the scope of Basic Servicea and Options included in the CLIENT's annual maintenance fee shall be invoiced to the CLIENT a8 incurred. .All such invoices shall be due and p.,.ble within thirty (30) deys of CLIENT's receipt thereof. Tiburon reserves the right to charge an administrative fee of 10% of the annUli' maintenance fees for semi- aMuBl or quarter1y invoices. c;reModel I~ CAD MF' . ptrs-. raining PIwn Upload ~rt Interfaoe -file Vi_ Months 12 12 12 12 12 12 12 -~-- 12 12 12 12 12 CPU Make ~ 9/1/05 911105 911106 911105 9/1/05 911/05 911105 9/1105 9/1105 9/1106 9/1105 9/1105 911/05 ~ 8131/08 8131/06 8131/06 8/31108 8/31/08 8/31/06 8131108 8/31106 8/31106 8/31106 8/31/08 8131/06 8/31106 Total Fees $17.961.00 $ 2,397.00 $17,961.00 -t 2.397.00 2.397.00 $ 4,308.00 $ 2.397.00 $ 4.375.00 $ 6.259.00 i 7.293.00 16,169.00 $ 8,061.00 $ 3.175.00 lat.l $ 98.150.00 F&a..re to pay whan due the annual maintenance fee, any adjustment thereto, any invoice or any other amounts ~ under the Agreement shtll' constitute e dnult under the Agreement end could result in the termlnltion of support servlcel under the Agreement, additional administrative charges for reinstating lapsed support services, as well as collection fees (including reasonable attorneys' fees and expenses). eor,u. ctlristi 1;;)( A. 2005 Page 1 of 1 EXH IBIT B TO THE AGREEMENT FOR EXTENDED SERVICE SCHEDULE OF SERVICES AND CHARGES Support and Maintenance provided to the CLIENT listed in Exhibit A shall be pursuant to the terms and conditions of the Agreement for Extended Service (the wAgreement") Upon CLIENT's payment of the amount set forth on Exhibit A to the Agreement, this Exhibit B shall be ett.c:hed to, and become part of the Agreement Any cllanges to the services options selected in thi. Exhibit B shall be reftected in a new Exhibit B which, upon payment of any additional amounts due. shall be attached to, and become part of, the Agreement. BASIC SERVICES CompuDyne will provide basic services as defined in the Statement of Work contained in Seclion 2 of the Extended Service Agreement for the software systems as defined in Exhibit A. Support for Computer Aided Dispatch, Message Switch and Corrections Management Systems is 24 hours per day, 7 days per week. Support for other products is from 8:00 a.m. to 5:30 p.m. Central Time, excluding weekends and nOl1Tl81 CompuOyne holidays, unless the "2417" Service Option is selected. In all cases. call- out chargee will apply as described below The following is paraphrased from the recently adopted Bylaws. Voting membership in the CompuOyne User Group. as set forth herein, is included in the Basic Service. The quantity of voting members is based on the number of CompuDyne products installed, with the appropriate software licenses, at the CLIENT. For purposes of establi$hing voting memberships, a product is defined as Phoenix - Computer Aided Dispatch. Police Records Management. Fire Management Information System, Jail Menegement Information Syttem. and Commumcation & Interfaces. The CompuDyne User Group Conference is held annually at a location (0 be determined "2417" SERVICE OPTION $7,000 per yea riper system (initial) Products not normally covered by 24-hoor support may optionally be supported with 24.tlour coverage (including CompuDyne holidays). Applicable call-out chllllrg.. continue to apply. If this option is not in force, technical support requests outside of covered houns are charged at technical service rates as defined below. New PRODUCTS AdcHtionaf CompuOyne software systems, subsystems and CompuDyne providefJ third-party products, such .. hardware, and networking software may be acquired under this Agreement. CompuDyne installation, Special tailoring, license fees and lhird~party peripherals required shafl be charged at the then current TectJnical Services Rate or as quoted by CompuOyne or the third party. Corpu$ r',hrisli Ex B 2006 Page 1 of 2 TECHNICAL SERVICE RATES Technical Service Rat~ Technical Services Rates shall be invoiced to CLIENT as incurred at the rates then in effect. A minimum of four (4) hours per occurrence will be charged for work conducted at CompuDyne facilities and a minimum of eight (8) hours at CLIENT site for Technical Services not covered under Bask: Services Or "24/7" Service Option as described previously. 2. Materials Travel and Per Diem EXD8nSes When applicable. all special materials, plus travel and per diem expenses shall be charged to CLIENT at cost. 3 CIlN-out Charqes Systems not covered under 24/7 support. call-outs will be billed at $250 per cell. After the first hour. the rate is $250 per hour with a two-hour minimum If CLIENTs systems are covered under the 24/7 support. lhe off.hour allI-out fee is 550. 4. Remote Access All charges in this Agreement are predicated on CLIENT providing the required hardware, IOftware, and operating environment for dial.in service. If CLIENT does not provide this support for dial-in service. the following additional charge will apply: $500 per month per system supported In addition, travel and per diem expenses for on-site 8UPport required due to lack of remote access will be charged as defined in Exhibrt at page 2. item 2 Corpus Chrtsti Ex B 2006 Page 2 of 2 "...... ....,.,""", f!i.'"ilJOl",- ~" ... '" ""'i'~'\!lli'l',';J1I!. d:l1Il ... U 1I!iIJ.1I!! P fjjJ!ii IS! ., fit III! '&>> Publllc Salel:~j &; Justice fUI) .21-2700 Fa (825) .21-27.. Invoice No. P242882 '\ r Attendon _Susan Allen _____ ____ __ _ _ I Name _Corpus Christi Police Departme_m ! Address 321 John Sartain I City Corpus Chris~L_ State TX- - Zl-P 78401____ i\Phone Reference: Software Support & MaIntenance ----r.-------- ----- 9!f..-4 _.. __ De8~!'iPt!onu September 1, 2006 to December 31,2006 (4 months) 1 PRMS 1 ICN 1 CAD 1 MCI 1 911 Interface 1 I EXT -State 1 Pers- Training 1 Pawn Upload 1 I Court Interface 1 IAVL 1 iMDC 1 !TIPS 1 I Mobile Viewer I Sales Tax if AppIicable_ " Date P.O. No. Payment due by: Authorized by: Project Code 14-Jun-06 On or Before 9/1/06 Sign-Off NUl15-06/12500.06 I Unit Price TOTAL $6,286.00 $6,286.00 $839.00 $839.00 $6,286.00 $6,286.00 $839.00 $839.00 $839.00 $839.00 $1,508.00 $1,508.00 $839.00 $839.00 $1,531.00 $1,531.00 $2,891.00 $2,891.00 $2,553.00 $2,553.00 $5,309.00 $5,309.00 $2,821.00 $2,821.00 $1,111.00 $1,111.00 TOTAL $33,652.00 Fall.- to pay Invoice on or before due date may #'NUll In tennlnstlon of support. TlbI8n ,.,..".. the right to charge an adm'n"""'on fee for relnsMtement of lap.. .,pport. CI,.", _II be responsible for all collection and/or attorney fees associated with the t>>IIectlon efforts 8aoclllled with this Invoice. Renllt To: COf1tNDyne Pubic Iafety & Justice 82Oe8tDnerktge Mall Rd., Suhe 400 ~on, CA 94588 ~,._,- 12 AGENDA MEMORANDUM City Council Action Date: September 26.2006 ~BJECT: Furman Avenue Development / Spohn Shoreline Sanitary Sewer Relief Line Project (Project No. 7354) AMENDMENT NO.1 AfE~DA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment NO.1 to the Contract For Professional Services with Maverick Engineering, Inc. from Corpus Christi, Texas in the amount of $6,410, for a total re-stated fee of $31,387, for Furman Avenue Development / Spohn Shoreline Sanitary Sewer Relief Line Project. ~ The proposed Amendment NO.1 provides for Public Meeting Services associated with the Project. The total re-stated fee of the proposed Amendment No.1 exceeds the minimum contract amount of $25,000: and requires Council action. EYNDING: Funding is available from the FY 2007 Wastewater Capital Improvement Plan Budget BJCOMMENDATION: Staff recommends approval of the motion as presented. I ~....~ .-. ~ 9)~J/ oE, Foster Crowell. Director of Wastewater Services J.(f{( /:, r. ..' Y/..-/# ~el . Escobar, P.E. r. Irector of Englneerrng Services ~itional Support Material: E .. ibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map '~\USERS2\HOMEWELMAP\GEN\WASTEWA1 CR\7354 FURMAN AVE\AMENDMENT N0 1\AGENDA MEMO BACKGROUND INFORMATION ~JECT: Furman Avenue Development / Spohn Shoreline Sanitary Sewer Relief Line Project (Project No. 7354) AMENDMENT NO.1 MlENDMENT NO.1: The proposed Amendment No. 1 provides for Public Meeting Services associated with the Project as follows: . Meet with the City staff for the preparation of public meeting. . Arrange the venue for the public meeting; coordinate with the property owners' representative. . Prepare exhibits and documents pertaining to the project for the meeting in conjunction with the City staff. . Organize the public meeting and answer questions from the property owners related to the wastewater project. fIO..JECT BACKGROUND: On April 3, 2006 a Small AlE Agreement was executed administratively to develop the following: . Plan and Profile for approximately 1,100 linear feet of 12-inch gravity sanitary sewer relief line along Furman Avenue, between Carancahua Street and the ih Street 24-inch sanitary sewer trunk main and approximately 350-linear feet of 12- Inch relief line along Carancahua Street between Hancock Street and Furman Avenue including manholes and all lateral connection. . Opinion of probable cost. . Project specifications. A Public Meeting was held on August 29, 2006 to present information on upcoming wastewater improvements along Furman Avenue, between South Staples Street and Carancahua. A brief description and time schedule of the project was presented at the First United Methodist Church located at 901 S. Shoreline Boulevard. ceNTRACT SUMMARY/FEE: A Contract Summary and fee is attached as Exhibit "B." fllOR COUNCIL ACTION: 1. March 29. 2005 - Approving the FY 2005 Capital Budget in the amount of $178,074,800 (Ordinance No. 026188). 2. Julv 11, 2006 - Resolution expressing official intent to reimburse $12,000,000 in costs with respect to the construction of improvements to the City's Utility System. 3. September 19. 2006 - Approving the FY 2007 Capital Budget in the amount of $146,994,500. EXHIBIT "A" Pa e 1 of 2 ~ \USERS2\H\)ME'JELMAP\GEN'WAS~EW,t \ER\7354 ~URMAN AVE'AMENDMENT NO l\AGENDA BACKGROUND fJlOR ADMINISTRATIVE ACTION: 1. April 3. 2006 - Executed Small AlE Agreement for Architect/Engineer Consultant Services with Maverick Engineering, Inc. of Corpus Christi, Texas in the amount of $24,977 for the Furman Avenue Development / Spohn Shoreline Sanitary Sewer Relief Line Project. <'- Auqust 29.2006 - Held Public Meeting at First United Methodist Church to present information on upcoming wastewater improvements. rl\USERS2\HOMEWELMAPIGENN,'ASTEWA- ER\7354 FURMAN ~Vf\AMENDMENT NO 1 \AGENDA BACKGROUND EXHIBIT "A" PaQe 2 of 2 CONTRACT SUMMARY AMENDMENT NO.1 FURMAN AVENUE DEVELOPMENT I SPOHN SHORELINE SANITARY SEWER RELIEF LINE PROJECT (Project No. 7354) 1. SCOPE OF PROJECT Amendment NO.1 provides for Public Meeting Services associated with the Project as follows . Meet with the City staff for the preparation of public meeting. . Arrange the venue for the public meeting; coordinate with the property owners' representative. . Prepare exhibits and documents pertaining to the project for the meeting in conjunction with the City staff. . Organize the public meeting and answer questions from the property owners related to the wastewater project. 2. FEES Original Small Amend. No. 1 Total Contract Baste Services 1. Preliminary Phase $0.00 $0.00 $0.00 2. Design Phase 16,495.00 0.00 16,495.00 3. Bid Phase 2,524.00 0.00 2,524.00 4. Construction Phase 5,118.00 0.00 5,118.00 Subtotal Basic Services 24,137.00 0.00 24,137.00 I Additional Services 840.00 6,410.00 7,250.00 ! i I Total Authorized Fee $24,977.00 $6,410.00 $31,387.00 i w.USERS2\HOMf-NELMAP\CiEN'WASTEWA FR\7354 CURMAN P,V(c\j'MENDMENT NO 1\OONTRACT SUMMARY \MprO)8ct c;ouncilexhibits \exh 7 J54.dwg ~ N LOCA TION MAP NOT TO SCALE ~ N PROJECT SITE CORPUS CIIRI8'I'I BAY VICINITY MAP NOT TO SCALE ~ T No. 7354 EXHIBIT .C. FUltflAN A VENUE DEVELOPMENT/ SPOHN SHOREUNE SANITARY EWER RELIEF LINE PROJECT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI. TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 09/21/2006 I - - - - 13 -". ""-,,,. .~..".,,_. '.,,- AGENDA MEMORANDUM City Council Action Date: September 26,2006 SWB,JECT: O.N. Stevens Water Treatment Plant On-Going Generator Testing and Maintenance FY 2006-2007 (Project No. 8564) ~DA ITEM: Motion authorizing the City Manager or his designee to execute an a.reement to renew the contract with Rabalais I&E Constructors for the O.N. Stevens Water Treatment Plant On-Going Generator Testing and Maintenance FY 2006-2007 (8564), in the amount of $97,888, for an additional one-year period [by exercising the one- year renewal option under the contract with Rabalais I&E Constructors approved by Council on August 23, 2005 (Motion No. 2005-268)]. ~ The O.N. Stevens Water Treatment Plant requires consistent generator testing and maintenance in order to provide safe water supplies and comply with state and federal stendards for the treatment of potable water. At this time, it is in the best interest of the City to exercise a one (1 )-year option to the existing contract to complete maintenance for next year. ~ Funds for this project are available from the FY 2006-2007 Water Operating Budget. r tiuardo Garalia, P.E. Director of Water Services Q/20 /1.00' . -I!!f~,v ?~~ . Escobar, P.E. ' irector of Engineering Services H:lHOMElRachelleIGENIWaler\ONSWTP\B564-Generator T eslinglConlraclorlAganda Memo.doc ~ BACKGROUND INFORMATION SYBJECT: ON. Stevens Water Treatment Plant On-Going Generator Testing and Maintenance (Project No. 8564) flOJECT DESCRIPTION: This project requires the contractor to provide an additional year (twelve months) of inspection, maintenance and testing for the O.N. Stevens Water Treatment Plant alternate power supply system. This shall include scheduled inspection, maintenance and testing services, corrective non-warranty services and emergency call- out services for the three (3) 2000 kW engine-generator sets, associated local/master control panels and engine-generator set control system. C,NTRACT INFORMATION: This project was bid last fiscal year, and provided for a one (1) year option to the contractor (Rabalais I&E Constructors) for renewal of the contract. The City has decided to exercise that option ~KGROUND INFORMATION: In the event of the loss of normal power supply, the alternate power supply system at the O.N. Stevens Water Treatment Plant is critical to the operation of the City's water distribution system. On June 20, 2000 the City contracted with Rabalais I&E Constructors to construct the Alternate Power Supply System. The alternate power supply system allows the water distribution system to deliver water throughout the City to its water customers. Essential to the continuous operation of the alternate power supply system is routine maintenance of three (3) 2000 kW diesel driven 4160 v generators. These generators are capable of supplying power to operate treatment facilities and high service pumps. The equipment manufacturer of the generators, ONAN, has provided the City with a five (5) year warranty conditional upon regular inspections, maintenance, and testing. The proposed project is necessary to keep the alternate power supply system performing at optimal levels and ensure warranty compliance. PRIOR COUNCIL ACTION: 1. Auaust 23. 2005 - Motion authorizing the City Manager, or his designee, to award a construction contract to Rabalais I&E Constructors from Corpus Christi, Texas in the amount of $97,888 for the O.N. Stevens Water Treatment Plant On-Going Generator Testing and Maintenance FY05-06. (Motion No. 2005-268) 2. November 15. 2005 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the agreement for architect/engineer consultant services with Onyx Engineering, Inc. of Corpus Christi, Texas in the amount of$12,867.84, for a total re-stated fee of $37,400.84 for the O.N. Stevens Water Treatment Plant On-Going Generator Testing and Maintenance FY05-06. (Motion No. 2005-393) 3. Julv 25.2006 - Ordinance adopting the City of Corpus Christi Budget for the ensuing fiscal year beginning August 1. 2006, to be filed with the County Clerk; appropriating monies as provided in the budget. (Ordinance No. 026908) fllOR ADMINISTRATIVE ACTION: 1. Mav 27. 2005-Administrative approval of a Small AlE Agreement for Architect/Engineer EXHIBIT "A" Page 1 of 2 ",'\HOMEIRacneUe\GEN\WalerlONSWTPIB56- -Generator T esting\(;ontractoMgenda Background.doc Consultant Services with Onyx Engineering, Inc. of Corpus Christi, Texas, in the amount of $13,427 for O.N. Stevens Water Treatment Plant On-Going Generator Testing and Maintenance FY05-06. 2. November 15. 2005 - Administrative approval of Amendment NO.1 to the agreement for Architect/Engineer Consultant Services with Onyx Engineering, Inc. of Corpus Christi, Texas in the amount of $11,1 06 for a total re-stated fee of $24,533 for the O.N. Stevens Water Treatment Plant On-Going Generator Testing and Maintenance FY05- 06 EXHIBIT "A" Page 2 of 2 H.\HOMBRachelle\GENIWaterlONSWTPIB564-Generator T estinglContraclorlAgenda Background doc PROJECT BUDGET O.N. STEVENS WATER TREATMENT PLANT ON-GOING GENERATOR TESTING AND MAINTENANCE FY 2006-2007 Project No. 8564 September 26, 2006 FUNDS AVAilABLE: Water Operating. .. . $163,176.80 FUNDS REQUIRED: Construction (Rabalais I&E Construcjors)......... Contingencies (10%). .. ., , . ,......... Consultant (Tetradyne, Inc.) ...,...... ..... Consultant (Tidal Power Services, LLC)... ......... ........ Engineering Reimbursements. .... Misc. (Printing, Advertising, etc.),... . T ota L . . . $97,888.00 9,788.80 24,500.00 24,500.00 5,000.00 1,500.00 $163,176.80 \Mpro)ect c;ouncilexhibits \exh8564. dwg ~ N San Patricia County C \II O. N. STEVENS WA TER TREA TMENT PLANT LOCA TION r.... 624 , , g -., I i i! I!$ 8 ::> I I LoeA TION MAP NOT ro SCALE PROJIICT No. 8162 EXHIBIT .C. O.H. ,7EVENS WA TER TREA TAfENT PLANT M-GOING GENERA TOR TESTING AND MAINTENANCE FY 2006-2007 CITY COUNCIL EXHIB" C/7Y OF CORPUS CHRISTI TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 09/18/2006 I - - - - 14 ...........--"'-- AGENDA MEMORANDUM DATE: September 26,2006 IDI3JECT: Fire Station NO.8 Roof Replacement 2006 (Project No. 5199) AlFIfDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract in the amount of $47,776 with Haeber Roofing Company of Corpus Christi, Texas for the Fire Station NO.8 Roof Replacement 2006 Project. ~ The proposed project is necessary to replace the roof at Fire Station NO.8 located at 4546 Kostoryz Road. The roof is old and has been in poor condition for a number of years. The total contract fee of $47,776 exceeds the $25,000 contract limit; and requires City Council approval. Fl,(NDING: Funds for this project are available in the FY 2006-2007 Fire Department Operating Budget RfiCOMMENDATION: Staff recommends approval of the motion as presented. RiChai~~ Fire Chief /' ~itional Support Material: E.,ibit "A" Background Information Exhibit "8" Project Budget Exhibit "C" Bid Tabulation Exhibit "Oil Location Map ilUSERS2IHOMENELMAPIGEN\F IRE DEPP, '99 FS NO B ROOf REPlACEMENTlAGENDA MEMO BACKGROUND INFORMATION SU8JECT~ Fire Station NO.8 Roof Replacement 2006 (Project No. 5199) PIl\OJECT DESCRIPTION: The proposed project consists of removal of existing gravel surfaced coal tar pitch roofing, to include certain asbestos containing material (ACM) flashing and the installation of new 20-year coal tar pitch roof with gravel surface, Including replacement of metal gravel stop fascia, flues, vents and relocation of certain rooftop utility lines (electrical and refrigerant) and certain miscellaneous painting on approximately 6.200 square foot roof area at Fire Station No.8, 4546 Kostoryz Road; all In accordance with the drawings. specifications. and contract documents. gINFORMATION: Bids were received on September 13, 2006 with two (2) bidders submitting proposals. The two (2) bidders are Haeber Roofing Company and Sechrist- Hall Company. See Exhibit "c" Bid Tabulation. The bid proposal was set up as a Base Bid. Haeber Roofing Company has successfully completed projects with the City of Corpus Christi Therefore. the City's consultant. Roots / Foster Associates Architects, Inc., and City staff recommend awarding the Base Bid in the amount of $47,776 to Haeber Roofing Company of Corpus Christi. Texas. CQNTRACT TERMS: The contract specifies that the working time for completion is 70 calendar days. Anticipated project completion is mid-January 2007. F~NDING: Funds for this project are available in the FY 2006-2007 Fire Department Operating Budget eJJlOR COUNCIL ACTION: 1 . Julv 25, 2006 - Ordinance adopting the City of Corpus Christi Budget for the ensuing fiscal year beginning August 1, 2006, to be filed with the County Clerk; appropriating monies as provided in the budget (Ordinance No. 026908). PIIJIOR ADMINISTRATIVE ACTION: 1. June 12, 2006 - Executed Small AlE Agreement with Roots / Foster Associates Architects, Inc. in the amount of $7,380 for the Fire Station No. 8 Roof Replacement 2006. 2. Julv 3, 2006 - Executed Small AlE Agreement with All Points Environmental, Inc. in the amount of $417 for the Fire Station NO.8 Roof Replacement 2006. 3. Auqust 25, 2006 - Executed Amendment NO.1 to the Small AlE Agreement with Roots / Foster Associates Architects, Inc. in the amount of $2,235, for a total restated fee of $9.615, for the Fire Station NO.8 Roof Replacement 2006. EXHIBIT "A" Page 1 of 1 "'USERS2H JMF../EU!,'1P\GEf'; "iRE JEP' '199 NO' I,au Hf"LACEMENTIi.GENDA BACKGROUND FIRE STATION NO.8 ROOF REPLACEMENT 2006 (PROJECT NO. 5199) September 26,2006 FUNDS AVAilABLE: Fire FUNDS REQUIRED: Construction (Haeber Roofing Company) Contingencies (10%),.. ' Consultant (Roots / Foster Associates). , Consultant (All Points Environmental, Inc ).., Major Projects Activity." Construction I nspection Activity Printing. . Advertising. . Total w USERS2\HOME\VELMAP\GEN\F IRE DEPT'5199 cS NO 8 ROOF REPl,ACEMENTlPROJECT BUDGET $68,385.00 $47,776.00 4,777.00 9,615.00 417.00 500.00 4,300.00 500.00 500.00 $68,385.00 " 0.:' ~' en o iii u. o z o i= c( ...J :;:, !XI c( .... g ~~'----~----r-- c::i '" ' ' o 0 !z. : ~ ftj 1:;:,1 i on U 10: I' .,. o' I :EI ~ i e(1 ! ~.. ---+-:. --. I ~ I ! ii:. ., Q. I- Z, :;:, en ~ W .... i= en ii: ::r U en :;:, Q. B: o U u. o ~ U Cl z ii: w w z 5 z w u. o I- Z w :E I- B: c( a.. w o w z .... 0 ~ i= i= ~ en Q. W :E en 0 it: u W u. ~ 0 5 ~ ffi i= >- CIC c: ~ '" III <Cl 0- > ... g ;5 ~ u '" _Ill .r::", ~ '': 3 E .r:: .~ ~ c; .r:: 0 ::l o ... 0- J) 0 V ~._--- >- ll'l c: ... [ '1 E 'C ~ o '" u &. ~ .~ J!:o 1ii '0 "0 'C o ::r .r:: cr:: ~ u ... <Cl \II ~ N 6- = (; ::r U \II Cll U '~ Cll en Cl 'E Cll Cll c: '0. c: w '0 o u ~ C ID o o N I- Z W :E w U c( a> ...J en a.. ... 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I ~ I T ;:: I I ~ T tEt '6~~~1. lSp~T~r~OD I KOSTORYZ \. , lHit- \. i 1 , I ! I ( i I i ! ! I 1 PROJECT SnE ~ IfTTIT I I I I I VICINITY MAP NOT TO SCALE CITY IIItOJECT No. 5199 EXHIB" -D- FIRE STATION NO.8 ROOF REPLACEMENT 2006 CITY COUNCIL EXHIBIT R CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 10f1 == DAT~ 09-20-2006 - - 15 --" ;-'........ ""~""""'''-' -,-,- AGENDA MEMORANDUM DATE: September 26,2006 SUBJECT: Fire Station No.2 Concrete Driveway Repairs 2006 (Project #5163) AlENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract to Barcom Commercial, Inc. of Corpus Christi, Texas, in the amount of $75,894.00 for Fire Station #2 Concrete Driveway Repairs 2006 for the base bid and additive alternate #1. ~ This project will replace the existing concrete driveways and side parking area at Fife Station No.2 that are in extremely poor condition and provide a new ADA compliant sidewalk to the entrance of the building. EYNOING: Funds for this project are available in the Fire Department Operating Budget. BlCOMMENDATION: Staff recommends approval of the motion as presented so a construction contract may be issued and necessary improvements may begin. Riilh~ .-r Fife Chief I =nal SUDDort Material: E ... ibit "A" Background Information E>Chibit "B" Project Budget Exhibft "C" Bid Tab Summary E~ibft "0" Location Map H:lHOMEIl YNDASIGEN\F!re Depl15163 - Station No.2 Concrete Driveway Repairs 2006lMemorandum.doc AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Fire Station NO.2 Concrete Driveway Repairs 2006 (Project #5163) PROJECT DESCRIPTION: The project consists of approximately 5,280 square feet of replacement measures for the existing concrete driveways and an ADA compliant sidewalk addition to include. · Concrete drive demolition I replacement · ADA concrete walk addition · Sub-grade preparation · Caliche base · Reinforcing steel · Steel dowels and expansion joints, all in accordance with the plans, specifications and contract documents. 9 "FORMATION: The project consists of a base bid and one additive alternate. The base bid includes improvements to the front and rear driveways and a new ADA compliant sidewalk to the front entrance of the building. The additive alternate includes repairs to a side parking lot for employees and the public. The City received proposals from six (6) bidders on September 13, 2006. (See Exhibit "C") The total bid prices ranged as follows: · Base Bid: $59,704.00 to $121,222.00 · Alternate #1: $12,717.75 to $ 23,900.00 The Engineer's estimated construction cost for the base bid is $78,350. City staff, and the City's consultant Roots / Foster Associated, Inc., recommend that based on low bid and past satisfactory experience with projects of this type, that a construction contract be awarded to Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $75,894.00 for the base bid and additive alternate NO.1 for Fire Station NO.2 Concrete Driveway Repairs 2006 H';HOME\LY.....'DAS',(jEN\F,re Dept\' it,! '-tali()f! '..,jo 2 ('(,nerete Dnve\J."-I\' Kt'palr~ 2006\Backgwund dot: EXHIBIT "A" Page 1 of 2 PROJECT BACKGROUND: Fire Station NO.2 is located at 13421 Up River Road and is approximately 22 years old. It is a one-story tilt-up structure typical of Corpus Christi Fire Station floor plan arrangements. The existing concrete driveways at this station are in poor condition and rapidly deteriorating. The slab is broken in several areas and exposed potholes are throughout the parking areas. The current entrance to the station is not ADA compliant. This project is providing replacement measures to the existing driveways and upgrading the entrance of the facility to ADA compliance. C,NTRACT TERMS: The contract specifies that the project will be completed in 45 calendar days after the notice to proceed, with completion anticipated by December 2006. ~'ING: Funds for this project are available from the Fire Department Operational Budget PAtOR COUNCIL ACTION: 1 Julv 25. 2006 - Ordinance adopting the City of Corpus Christi Budget for the ensuing fiscal year beginning August 1, 2006, to be filed with the County Clerk; appropriating monies as provided in the budget. (Ordinance No. 026908) PNOR ADMINISTRATIVE ACTION: 1 June 13. 2006 - Administrative approval of a Contract for Professional Services to Roots I Foster Associates in the amount of $5,968 for the Fire Station NO.2 Concrete Driveway Repairs 2006. 2. AUQust 22.2006- Administrative approval of Amendment NO.1 to a Contract for Professional Services to Roots I Foster Associates in the amount of $3,284 for the Fire Station NO.2 Concrete Driveway Repairs 2006. FlITURE COUNCIL ACTION: Nothing anticipated to complete this project. H \HOMEIL YNDAS'GEN\Flfe Dept\516c - Station 1'.. 2 Concrete Dnveway Repairs 2006\Background de< EXHIBIT "A" Page 2 of 2 FIRE STATION NO.2 CONCRETE DRIVEWAY REPAIRS 2006 PROJECT BUDGET September 26, 2006 ESTIMATED ~S AVAILABLE: BUDGET $ 102,996.00 E.YMJS REQUIRED: Construction Cost (Barcom, Inc.) $ 75,894.00 Construction Contingencies 7,500.00 AE Consultant (Roots / Foster Associates) 9,252.00 Construction Inspection 2,600.00 T estiftg 2,250.00 EnQineerina Reimbursements 2,000.00 Admiltistrative Reimbursements 1,000.00 Incidtmtal Expenses (Printing, Advertising, etc.) 2,500.00 .- T ota I. .. . .. . q . . . . . . . . . . . . . .. ......... ........... ...................................................... $ 102,996.00 EXHIBIT "B" Page 1 of 1 ('If 'Is .... f 0.. ~ in u.. o z o i= :5 ::J lD ~ "en ~~ W~ Wi= zen a~ Z:r: Wu u..en 0::> ~&: Wg ~u.. ~O fb~ 0(3 8 o 10 M <<i r-.. 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I CHRISTI zl BAY HWY44 i I II> lIc:Q.QN RD. <, II LOCA TION MAP NOT TO SCALE CITY CT No. 5163 EXHIBIT -D- FIE STATION NO.2 DRIVEWAY REPAIRS 2006 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 09-21-2006 I - - - - 16 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 08-29-2006 AGENDA ITEM: A. ORDINANCE AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE A ONE YEAR LEASE AGREEMENT WITH CORPUS CHRISTI EDUCATION FOUNDATION ("LESSEE") FOR USE OF MARY CARROLL HOUSE AT HERITAGE PARK IN CONSIDERATION OF LESSEE SECURING ALL LABOR TO FULLY RESTORE THE HOUSE AND LANDSCAPE THE GROUNDS; AND LESSEE MAINTAINING THE PREMISES AND IMPROVEMENTS; AND LESSEE USING ITS BEST EFFORTS TO DEVELOP AND MAINTAIN A BUILDING TRADES EDUCATIONAL PROGRAM TO MAINTAIN THE EXTERIOR OF THE STRUCTURES AT HERITAGE PARK; AND DECLARING AN EMERGENCY. B. ORDINANCE AUTHORIZING CITY MANAGER, OR DESIGNEE, TO EXECUTE A TEN YEAR LEASE AGREEMENT WITH CORPUS CHRISTI EDUCATION FOUNDATION ("LESSEE") FOR USE OF MARY CARROLL HOUSE AT HERITAGE PARK IN CONSIDERATION OF LESSEE SECURING ALL LABOR TO FULLY RESTORE THE HOUSE AND LANDSCAPE THE GROUNDS; AND LESSEE MAINTAINING THE PREMISES AND IMPROVEMENTS; AND LESSEE USING ITS BEST EFFORTS TO DEVELOP AND MAINTAIN A BUILDING TRADES EDUCATIONAL PROGRAM TO MAINTAIN THE EXTERIOR OF THE STRUCTURES AT HERITAGE PARK; PROVIDING FOR ONE 5 YEAR RENEWAL OPTION; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. ISSUE: The City has acquired and relocated the historic Mary Carroll house to a location on Mesquite Street immediately west of Heritage Park. The Corpus Christi Educational Foundation has come forward to undertake to renovate the property in order to use the property as their principal office. RIQUIRED COUNCIL ACTION: In order to lease the property in this manner, City Council action is required to authorize the lease. PREVIOUS COUNCIL ACTION: Acceptance of the donation of the Mary Carroll house and authorization of the move of the house with the assistance of the Corpus Christi Housing Finance Corporation and a setaside of FY 2006 CDBD funds in the amount of $50,000. FUNDING: Funding from the City in the form of a $50,000 FY 2006 CDBG grant with the COf'pus Christi Education Foundation providing all of the labor and supervision. CONCLUSION AND RECOMMENDATION: Staff believes not only that the Corpus ..,. ,,,"" Christi Education Foundation will be an excellent addition to the Heritage Park area but alSO that the method by which the Corpus Christi Education Foundation proposed to undertake the reconstruction by providing a Building Trades working laboratory and possible continuing collaboration with the City on all of the structures of Heritage Park will provide a classic win/win situation We strongly solicit Council's approval. - 11 w--. ZIJl- W. Thomas Utter Special Assistant to the City Manager Attachments ..."..".....' BACKGROUND INFORMATION In late 2005, Mr, Jim Charnquist, who is developing several large apartment complexes in the Tancahua/Carancahua area, approached the City with the donation of the historic Mary Carroll house. Ms. Carroll was an extremely important educator in the history of the Corpus Christi Independent School District (Carroll High School is named for her and the house is on the City's preservation list). The City accepted the generous donation and with the assistance of a grant from the Corpus Christi Housing Finance Corporation relocated the house to Mesquite Street immediately to the west of Heritage Park with the intention of adding this significant structure to the overall Heritage Park complex. During the FY 2006 CDBG process, the City Council set aside $50,000 for the rehabilitation of the structure. Since the house has such a close relationship with CCISD, staff approached the District to determine if they had any interest. As a result of this contact, the Corpus Christi Education Foundation has come forward to renovate the house and use the house as their headquarters. The process by which the Foundation proposes to undertake the project is unique and one which staff thinks will generate tremendous benefits far in excess of the simple renovation of the property. The Foundation proposes to utilize the CDBG grant for materials and supplies and through a collaboration with Building Trades classes of CCISD and a large number of private sector sponsors to renovate the house as a construction trades laboratory project and to continue both interior and exterior maintenance of the house during the lease as an ongoing school project. The Foundation has also indicated their willingness to use their best efforts to work cooperatively with the City to provide this same construction trades laboratory process to perform maintenance on the other structures within Heritage Park and even build additional associated structures such 8S the proposed bandstand between the Seaman's Center and the Veteran's Band home. The Foundation, in addition to enlisting the support of CCISD, has developed an impressive list of partners for their project. The lease itself is also unique in that this will be the first structure in Heritage Park where the utilizing organization not only performs the renovation but also assumes all costs and duties of continued maintenance of the property. If the Foundation is successful in expanding the renovation of their house to include all of Heritage Park as a building trades laboratory, we are confident that the project will significantly reduce the City's cost of maintaining Heritage Park. In order to move forward as quickly as possible, we are proposing both a one-year and a ten-year lease. The one-year lease would terminate at the effective date of the beginning of the ten-year lease. Leese summary Term: One year, terminating at the effective date of the ten-year lease Lease rate: $500 per month, with that amount held in abeyance as long as the Foundation continues to fully maintain the interior and exterior of the property Special considerations: The Foundation will use its best efforts to develop and maintain a building trades educational program to assist in the maintenance of the Heritage Park area. Page 1 of 2 AN ORDINANCE AUTHORIZING CITY MANAGER, OR DESIGNEE, TO EXECUTE A TEN YEAR lEASE AGREEMENT WITH CORPUS CHRISTI EDUCATION FOUNDATION ("LESSEE") FOR USE OF MARY CARROLL HOUSE AT HERITAGE PARK IN CONSIDERATION OF LESSEE SECURING ALL LABOR TO FULLY RESTORE THE HOUSE AND LANDSCAPE THE GROUNDS; AND LESSEE MAINTAINING THE PREMISES AND IMPROVEMENTS; AND LESSEE USING ITS BEST EFFORTS TO DEVELOP AND MAINTAIN A BUILDING TRADES EDUCATIONAL PROGRAM TO MAINTAIN THE EXTERIOR OF THE STRUCTURES AT HERITAGE PARK; PROVIDING FOR ONE 5 YEAR RENEWAL OPTION; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager, or designee, is authorized to execute a Ten Year Lease Agreement with Corpus Christi Education Foundation ("Lessee") for use of Mary Carroll House at Heritage Park in consideration of Lessee securing all labor to fully restore the house and agreeing to landscape and maintain the premises and improvements and use its best efforts to develop and maintain a Building Trades Educational Program. The lease has an option for one 5 year renewal. A copy of the Lease Agreement (with attachments) is attached as Exhibit "A" and a copy is on file with the City Secretary SICTION 2. Under Article IX, Section 3 of the City Charter, this ordinance and the Lease Agreement are effective on the 61 st day after City Council adoption of this ordinance on second and final reading; and the second and final reading of this ordinance is at least twenty eight (28) days after the first reading. Each reading was done at a regular meeting of the City Council. SIeTION 3. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. C:\(Doyle.0306\LEASE.ORDl06.0823DC CCEdFoun.d10Yr5Yr Renew Lease.Ord doc ........"- Page 2 of 2 The foregoing ordinance was read for the first time and passed to its second reading on this the ___ day of ____________ 2006, by the following vote: Henry Garrett Brent Chesney Rex A. Kinnison John E Marez Melody Cooper Jerry Garcia Jesse Noyola Mark Scott William Kelly The foregoing ordinance was read for the second time and passed finally on this the _ day of ______ 2006, by the following vote: Henry Garrett "-'-_.- Rex A. Kinnison Brent Chesney _.__._---- John E Marez MeJody Cooper Jesse Noyola Jerry Garcia -----_.- Mark Scott Wlliam Kelly PASSED AND APPROVED on the ___ day of.. ,2006 ATTEST: CITY OF CORPUS CHRISTI Henry Garrett Mayor Armando Chapa City Se~retary Doyle D. Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney C:\(Doyle 0306\LEASE ORD\06.0823DC CCEdFcun.d10Yr5YrRenew Lease.Ord.doc 17 ...,...."..,."..... CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 26. 2006 AGENDA ITEM: a) Public hearing to consider amending the Zoning Ordinance by deleting Section 27-2.03 of Article 2'"7 "Supplementary Height, Area and Bulk requirements," regarding windmills, wind energy conversion systems, and wind-driven generators; amending Article 3 "Definitions," to include Section 3-1.67.3 relating to wind energy systems; and amending Article 29 "Board of Adjustment," to mclude Section 29-3 13 providing regulations for wind energy systems. b) Ordinance deleting Section 27-2.03 of Article 27 "Supplementary Height, Area and Bulk requirements," regarding windmills, wind energy conversion systems, and wind-driven generators; amending Article 3 "Definitions," to include Section 3-1.67.3 relating to wind energy systems; and amending Article 29 "Board of Adjustment," to include Section 29-3.13 providing regulations for wind energy systems; repealing Ordinance No 026986 establishing a 30-day moratorium on the issuance of permits for the erection or construction of wind energy systems. BACKGROUND: In order to regulate alternative energy solutions in the Corpus Christi area, staff is proposing review standards for wind energy systems as an amendment to the current Zoning Ordinance. Currently, the City's Zoning Ordinance does not provide for review standards for wind energy systems. In an effort to locate these systems in the most appropriate locations, staff reviewed fourteen model ordinances of cities and counties in the country for wind energy systems and has prepared an amendment to include the review standards within the City's Zoning Ordinance. Currently, Section 27-2.03 provides the only regulation in regards to wind energy systems: Section 27-2.03 "Windmills, wind energy conversion systems, and wind-driven generators which exceed the height regulations prescribed in this ordinance are permitted as special exceptions if the Board of Adjustment finds, that in its opinion, as a matter of fact, such exceptions will not substantially affect adversely the uses of adjacent and neighboring property permitted by this ordinance." This section suggests that wind energy systems may be located anywhere providing the height not ex.ceed the district requirements. Wind energy systems exceeding the height of the district are the only systems reviewed by the Zoning Board of Adjustments. In addition, if the zoning district does not have a maximum permitted height, it is interpreted that wind energy systems are permitted by right. Items such as the number, location, setback, size, noise, and survival wind speed for wind energy systems are not currently regulated in the ordinance. On a 5-2 vote, Planning Commission recommended approval of the proposed wind energy systems text amendment. ItEOUESTED CITY COUNCIL ACTION: Approval of Planning Commission recommendation -......_- PLANNING COMMISSION RECOMMENDATION: Approval of Staff recommendatlon ST AFF RECOMMENDATION: Staff recommends appro\al of the proposed text amendment to mclude amending the Section 3-1 DefimtlOns to mclude two additional definitions. Section 29-3 Special Exceptions of the Zoning Ordinance to mclude wind energy review criteria, and to delete Section 27-2.03 Supplementary Height, Area and Bulk ReqUlrements. IROPOSED TEXT AMENDMENT: The following text amendment is proposed to the Zoning Ordinance for wind energy systems: . fhe addition of two defimtlOns m Article 3 Definitions of the Zoning Ordinance in relation to wmd energy systems: 3-1.67.3 Wmd Energy System. A wind energy conversion system or similar product consIsting of a wind turbine, tower, and associated control or conversion electronics which will be used pnmarily to reduce on-slte consumption of utility power. (1 Height, Total System. The height above grade of the system, including the generating unit and the hlghest vertlcal extension of any blades or rotors. . The deletion of Section 272.03 of the Zomng Ordinance: 27 -203 \\'mdmllls. wind energy conversion systems, and wind-driven generators which exceed the height regulations prescribed In this ordinance are permitted as special exceptions if the Board of Adjustment fmds, that in its opinion, as a matter of fact, such exceptions will not substantlally affect adversely the uses of adjacent and neighboring property permltted bv this ordinance. . fhe addition of the following cnteria for wind energy systems in Section 29-3.13 of the Zoning Ordinance 29-3 13 Wmd energy systems are applicable in any zoning district providing the minimum following criteria IS met ( 1) W md energy systems shall be located on a parcel that is, at a mimmum. one and a half (I 1/2) acres in size. Additional wind energy systems shal! be permitted on the same parcel at a ratio of one (1) for every one and a half (1 1 2) acres of property. (2) The total system height of a wmd energy system shall not exceed a maXimum height of one hundred and ten (110) feet, measured at the top of the blade. ( 3) Each wmd energy system shall be set back a distance equal to one hundred and fifty ( 150 percent) of the height of the total system (including blade length) from all property lines. ....-~ ( 4) The minimum distance between the ground and any protruding blades utilized on a wind energy system shall be 25 feet, as measured at the lowest point of the arc of the blades. (5) If more than one wind energy system is located on a site, there must be a one hundred and ten (110) foot separation between each, measured at the base of the structure. (6) Wmd energy systems shall not exceed 60 decibels, as measured at the closest property line 7) The minimum survival wind speed for the wind energy system must be 140 mph (8) Roof-top mounted wind generators are prohibited. (9) The wind energy system will not substantially affect adversely the uses of adjacent and neighboring properties. Sincerely, ~~~~ Acting Director of Development Services MG/FGM/sm .ttachments: 1) Planning Commission Minutes (9/6/06) 2) Supplemental Information: Wind Turbine Specifications 3) Ordinances H:\PLN-DIR\SHARED\GAIU WORD\TextAmendment\Wind Energy Systems\Wind Energy Text Amendment 092606 revl.doc .......,..,.. MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday - September 6, 2006 5:30 P.M. VI. PUBLIC HEARING - ZONING TEXT AMENDMENT ~NDENERGYSYSTEMSTANDARDS Ms Murphy presented a proposed text amendment to the Zoning Ordinance to address wind energy systems. The purpose of the presentation is to go over proposed text to be added to the zoning ordinance and the next public hearing would be before City Council on September 26. Staff IS proposing review standards for wind energy systems as an amendment to the current Zomng Ordinance. Ms. Murphy stated the reason for this proposal IS due to recent requests and mqumes for the sltmg of wind energy systems wIthin the city limits. Currently, Section 27 -2.03 provIdes the only regulation m regards to wind energy systems. The section suggests that wind energy systems may be located anywhere providing the height not exceed the district reqUIrements. Staff recommends as part of the text amendment to the zoning ordinance the addition of two definitions in Article 3' · fhe addition of two definitIOns in ArtIcle 3 Definitions of the Zoning Ordinance in relation to wind energy systems 3-1.67.3 Wmd Energy System. A wmd energy conversion system or similar product consistmg of a wmd turbine, tower, and associated control or conversion electrOniCs which will be used primarily to reduce on-site consumption of utility power. ] ) Height, Total System. fhe height above grade of the system, including 'he generating unit and the highest vertical extension of any blades or rotors. · fhe deletion of SectIOn 27.2 03 of the Zonmg Ordinance: 27.2.03 Windmills, wind energy conversion systems, and wind-driven generators whIch exceed the height regulations prescribed in this ordinance are permitted as special exceptIOns if the Board of Adjustment finds, that in its opinion, as a matter of fact, such exceptIOns will not substantially affect adversely the uses of adjacent and neighboring property permIt1ed by this ordinance. · The followmg criteria for wind energy systems is proposed 29-3.13 Wind energy systems are applicable m any zoning district providing the mmimum following critena IS met: Planning Commission Minutes September 6, 2006 Page Two ( I ) Wind energy systems shall be located on a parcel that is, at a minimum, one and a half (1 1/2) acres in size. Additional wind energy systems shall be permitted on the same parcel at a ratio of one (1) for every one and a half(l 1/2) acres of property. (2) The total system height of a wind energy system shall not exceed a maximum height of one hundred and ten (110) feet, measured at the top of the blade. (3) Each wmd energy system shall be set back a distance equal to one hundred and fifty (150 percent) of the height of the total system (including blade length) from all property lines. (4) The mmimum distance between the ground and any protruding blades utilized on a wind energy system shall be 25 feet, as measured at the lowest point of the arc of the blades. (5) If more than one wind energy system is located on a site, there must be a one hundred and ten (110) foot separation between each, measured at the base of the structure. (6) Wmd energy systems shall not exceed 60 decibels, as measured at the closest property line. (1'- The mmimum survival wind speed for the wind energy system must be 140 mph. (8) Roof-top mounted wind generators are prohibited. (9) The wmd energy system will not substantially affect adversely the uses of adjacent and neighboring properties. In response to Commissioner Braselton, Ms. Murphy stated that the wind energy system would be permitted in any distrIct provided the acreage is 1.5 acres or more. In response to Commissioner Braselton, Ms. Goode-Macon stated that condition number nine (above) is provided at Staff discretion providing an opportunity to those wanting to appeal it could take it to the Board of Adjustment CommissIOner Huerta expressed concern that the proposed guidelines are not conducive to encouraging residents to explore optional energy sources. Commissioner Huerta pointed out that residential lot sizes are small and getting smaller, prohibiting them from considering optional energy sources. In response, Ms. Murphy stated that appearance was not the only consideration when limiting the wind energy system to one for every one and a half acres; she stated that noise was a factor in determining an acceptable density. Commissioner Huerta responded that in his ~ Planmng COmnusslOll Minutes September 6 2006 Page Three opinion, the Cit) should ascertam and require an acceptable decibel level, and leave it to the manufacturer of the wind energy unit to comply. In response to ( ommissioner Kelly, Ms. Murphy stated that, depending on the height, the wind energy unit will need to comply with FAA regulations concerning warning lights for low flymg aIrcraft In response to ( ommIssioner Garza, Ms. Murphy stated that the concern with rooftop units IS the heIght requirement, which would need to be amended for rooftop units only, and possible structural damage to existing homes because of rooftops that were not necessarily built to WIthstand such condil10ns In response, Commissioner Pus ley stated that wind energy systems have been evolving for a long tIme and noise and aesthetIcs have always been an issue. In reference to the pictures shown of various residential wind energy systems, Commissioner Pusley stated it would be his opinion that none of those shown would meet the 140 mph wind requirement set forth. He does, however, encourage development and accessibility to optional energy systems and feels that this IS a good start CommISSIOner Braselton stated that it appears to him that the proposed text amendment is targeted towards the commerc1al wind energy industry and he supports providing another energy source option to the publIc In response to Chairman Stone, Ms. Murphy stated that eleven cities were researched and acreage requirements ranged from one-half acre on the low end to five acres on the high end; on the nOIse issue, the range was from 55 decibels to 65 decibels. The range in height also varied from 65 feet to 300 feet In response to ( ommIssioner Huerta, Ms. Murphy stated that the new text would not restnct commerCIal development in that commercial use prospects would be looking at very large acreage for theIr purpose. Public hearing was opened. Howard Mintz, 4895 Ocean Dnve, came forward to offer his assistance in answering some questions or cleanng up some issues. Mr. Mintz and his wife considered installing a wind turbme. The company Mr. Mintz is with builds towers and television stations, which makes him fam1liar with structures m the windload and structural integrity area required by the federal government. Mr Mmtz stated that restrIcting a wind turbine to 1 I;; acres basically rules out residentIal use due to the fact that most residential lots are less than one acre. Mr. Mintz stated that requiring a wmdload of 135 mph and also requiring a drop zone is doubling up and not necessary. If the unit is built to withstand 135 mph winds then the drop zone is not necessary because if 135 or 140 mph winds come m and topple the unit there probably wouldn't be much left for It to fall on. In addition, the drop zone should equal the height of the structure because if the structure falls It doe~ not "hop" and then fall: 1t falls from its base. Therefore, the 150% drop ...... Planning CommissIOn Minutes September 6, 2006 Page Four zone IS redundant It also, in effect, rules out residential use because most homes are situated in the center of the lot leavmg very little penpheralland use, If the structure is built to the federal government specs it will not topple and these restrictions can be eliminated. Lyndon Nance, 4313 Gertie Street, came forward to share his knowledge with the CommIssion. Mr. Nance stated he has done research for about three years because he considered opemng a wmd energy business here m Corpus Christi. Mr. Nance stated that according to the Texas Wmd Charts, Corpus Christi is a number four, second to West Texas which is a number five. wIth East Texas being two and three Mr. Nance stated that residential systems put out 32/kilowatts per day m an eight mph wind. Most of the newer units weigh about eight pounds and sit on a four mch diameter pole. They need only clear the roof of the house to be effective. The average U.S. home uses about 30 kilowatts per day. Mr. Nance stated that supplementing wind energy with solar energy is the optimal use. He stated that as for air conditioning, a generator would be necessary but could be hooked up to the grid. Mr. Nance stated that the new carbon fiber blades provIde additional safety factors. As the wind reaches above 30mph, the blades twist, slowing it down; if the wmds exceed 50 mph hour they'll totally stop. CommisslOner Huerta stated that he agrees with the gentleman (Mr. Mintz) who stated that the requirements of lot size and the 150% drop zone put wind energy system out of reach of your average citizen and should be reconsidered. CommisslOner Pusley stated thIS is a startmg point and will develop as the industry develops. Motion was made by CommisslOner Pusley to accept Staff Recommendation. Motion was seconded by CommIssioner Braselton. Due to a close vote, Chairman Stone requested roll calL The motion passed five m favor with Commlssioner Huerta and Commissioner Garza opposed. H \PLN.DlR,SHAREDlWORD\PLANNING ,OMMlSSION' MINUTES\2006\WIND ENERGY 9.6.06 MINUTES.DOC September 20, 2006 TO: GEORGE K. NOE, CITY MANAGER THRU: MARGIE C. ROSE. ASSISTANT CITY MANAGER FROM: MICHAEL N. GUNNING ACTING DIRECTOR DEVELOPMENT SERVICES DEPARTMENT ~ SUBJECT: CARS: WIND ENERGY SYSTEMS Per City Council's request, research was gathered regarding specifications on five resIdential wind energy system models and two commercial wind energy system models. Staffs research found variations in survival wind speeds, blade diameters, noise levels, and tower heights. Survival wind speeds for the residential models that were researched varied from 120 mph to 140 mph. Some of the specifications for height varied due to the design's need to locate wind turbine 20 feet above surrounding tree heights and other obstructions. Others ranged from 80 to 120 feet. Blade diameters also varied within these models, ranging from a diameter of 7 feet to 29.9 feet for residential. Noise levels for residential models range from 40 dBA to 83 dBA. which is dependent upon wind speed. (See attached exhIbits.) CommercIal models had much higher blade diameters, ranging from 70.5 meters (231 feet) to 104 meters (341 feet). Heights ranged from 52.6 meters (172.5 feet) to 100 meters (328 feet.) The speci fication sheets for the commercial models did not indicate noise levels (See attached exhibits. In addition, stafT contacted several cities in Texas to obtain information on how other zoning ordinances addressed wind energy systems. El Paso, Fort Worth, and San Antonio, and Galveston responded WIth information. EI Paso: The zoning ordinance permits wind energy systems with a special permit, subject to conditions: . Propeller blades shall be located a minimum of ten feet above the ground or to any structure . No portion of the system shall project over property lines . All windmill~ must be approved and reviewed by a registered professional engmeer . All construction of the foundation, tower, and windmill must comply with the building code of the Cay . Noise may not exceed 55 dBA in residential zones, 60 dBA in commercial zones, and 65 dBA in industrial zones . The use of these devices shall not be noxious or offensive by reason of the emission of noise, vibration, odor, heat, glare, electrical impulse, or electromagnetic interference, and must be maintained in such good condition that it will not become a safety hazard. San Antonio: The zoning ordinance does not list wind energy systems as a use, therefore they would be permitted in any zoning district, similar to Corpus Christi. No setbacks required because the City does not consider it a structure. Utilities are exempt (i.e. wind farms) Non-utility structures would not have a maximum height. Fort Worth: The zoning ordinance also does not list wind energy systems as a use, therefore they would be permitted in any zoning district as long as the system meets the height and setback requirements of the district. Galveston: The zoning ordinance classifies wind energy systems as accessory structures. They must meet the height and setback requirements of each zoning district. They have not requests for wind energy systems. In staffs discussion with the surveyed Texas cities, it was indicated that the request for wind energy systems is currently at a minimum, possibly due to the lack of consistent available wind speeds in these cities. These cities are not seeing an interest in wind energy system permits Wind energy systems in CorDus Christi are regulated through the Zoning Ordinance. The wind energy regulation states: Section 27-2.03: "Windmills. wind energy conversion systems, and wind-driven generators which exceed the height regulations prescribed in this ordinance are permitted as special exceptions if the Board of Adjustment finds, that in its opinion, as a matter of fact, such exceptions will not substantially affect adversely the uses of adjacent and neighboring property permitted by this ordinance." This regulation suggests that wind energy systems may be located anywhere providing the height not exceed the district requirements. Wind energy systems exceeding the height of the district are the only systems reviewed by the Zoning Board of Adjustments. In addition, if the zoning district does not have a maximum permitted height, it is interpreted that wind energy systems are permitted by right. Items such as the number, location, setback, size. noise, and survival wind speed for wind energy systems are not currently regulated in the ordinance. Staff recommends an amendment to the wind energy system regulations that would delete the above referenced Section 27-2.03 and provide for the following text amendments: 3-1.67.3 (Definitions) Wind Energy System. A wind energy conversion system or similar product consisting of a wind turbine, tower, and associated control or converSIOn electronics which will be used primarily to reduce on-site consumption 0 f utility power i 1) Height, Total System. The height above grade of the system. including the generating unit and the highest vertical extension of any blades or rotors. 29-3.13 (Board of Adjustment) Wind energy systems are applicable in any zoning dlstrict providing the minimum following criteria is met: (I) Wind energy systems shall be located on a parcel that is, at a minimum, one and a half (1 1/2) acres in size. Additional wind energy systems shall be permitted on the same parcel at a ratio of one (1 ) for everyone and a half (1 112) acres of property. (2 The total system height of a wind energy system shall not exceed a maXlmum height of one hundred and ten (110) feet, measured at the top of the blade. (3l Each wind energy system shall be set back a distance equal to one hundred and fifty (150 percent) of the height of the total system (including blade length) from all property lines. (41 The minimum distance between the ground and any protruding blades utilized on a wind energy system shall be 25 feet, as measured at the lowest point of the arc of the blades. (5) J f more than one wind energy system is located on a site, there must be a one hundred and ten (110) foot separation between each, measured at the base of the structure. (6) Wind energy systems shall not exceed 60 decibels, as measured at the closest property line. C) The minimum survival wind speed for the wind energy system must be ] 40 mph (8) Roof-top mounted wind generators are prohibited. (9) The wind energy system will not substantially affect adversely the uses of adjacent and neighboring properties. MG/FGM/sm Attachments: 1) Supplemental Information: Wind Turbine Specifications H:\Pl.N-DIR\SHAREO\GAIIWORD\TextArnendment\Wmd Energy Systems\Wmd energy system memo rrevJ.doc Supplemental Information: Wind Turbine Specifications Attached are the specifications for five models of residential wind turbines and two commercial wind turbines which indicate: . Kilowatt output . Survival wind speed . Rotor size · Tower height · NOise le\ el ~'-'-.'l!I' ,', ""'''~lf.~.ii~'Jt!i!:i':'? iifF~~;1~'I3;';~-'JU:'i~1~;f ,,> ...."A<...""'. .,< WelQht: .,< ';"""''''i''Il'!~'~~~ ':-i;t~:X'~,~;~~;~"~~~I~t' Mount: ""~_'J_.Ai>;:' .~i~rf~~~~r '~,<.,)~~;pq_':;:; "';""/iit<.__, \tY~-;~~'?J~tJ~~{.'.:' '. _ - '>-,',. '~"':i ._:. _ ~. Tultline Controller: ,j~~.~!ii,~,_, '.' "'.'QIIj ~<..J',,,,<;,,,,,, t...,. . ... ,,'. . '., .,,~.-.,>-: ~.~~; ~ ; ,.;. - <<. _.- ,., BladeS. three: iJi'.1i.'.'Y'i..!&.~'....' '.~."; .... '....:g. 'Ii~;!J;~~;9' . '. ir.';, ~#K~ <~.L>. '" '. ,', ... , ,f(SurviVII Wind speed: II 7 fI. .2.1m) 47 Ibs (21 kg) dox 74 Ibs (22,56kg) 51 x 20 x 13" ,1295 x 508 x 330mm) 2.5' schedule 40 75 mph (3Am/s) 12,24.36.48 \fOC 900 watts at 28mph i12.5n/s) Whisper Controller Casl Aluminum/Marine option avail, Polypro/Carbo!1 Glass Reinlorced Side-Furling 100 kWh/mo @12mph (5Am/s, 5 Year Limited vVarranty 120 moh ,55 nisi Residential Dnc:um8l11 ,fD(M1l REV r. o mDh 5 '11Is 2.3 4.5 5.8 9.0 11.3 13.5 15.8 18.0 20.3 {'19Wfr V\J.A1..fff:. 11/t v b '.leV1AM.Jl~stantaneous Wind Speed .....,.. b.( \ ~~ :l 0 ~"ve tMr'"1 ~ lA. VYOvvut: ~ I) ~ let ,i 8 Southwest Windpower CJ ' Patented Renewable Ef1ergy :V1acie Sir-'r.='!e 1801 W. Route 66 . Flagstaff, AZ 86001 USA Tel 928-779-9463 . Fax 928-779-1485 www.windenergy.com . E-mail info@windenergy.com 'l.lXllJ~5""-""_L1W'~6nc. ,..... 031705 v\i \r\Aslf~A erJ t/\, s' N )- ( , > \ijG -- --", -,'. --,-- --,------,.- .-..- ---..,-----. I 'I 900 , i, B"" I I I - T - - - .. - - , I '. .' I -1 ; ~ - - - ~ - - .' ~ , I . I I I I I r ..J.____.L____~__.__ I I I , I I I I , I , , l----j----r----- , I , I , , I I I -.----t---- .~ I , , I I I I , , I I I , I ._ 700 ~ a &001 I soot I ' 400 f 300 ~ 200 1- I 100 t - oJ , I I -. - - , I I -1 I I I I I I - - -1- - ... - -I'" - - - , - I I , I I I -1- - _ _ ~I _ _ _ .. ..._ , I I .... ----+ 10 12 14 18 wind lIP..d Im/a) 18 20 22 * Figure 10. Measured Power Curve lO-second and IO-minute Averages tJQ1~~_ eo r-1-- 1I5-t : I I , ' ~t ! 75 ~ : or, I 'i ' - I )70 1M 1M -~ r . -"--r---,.'---' -"T'--- -,----,--..-,-- I I I , I , I I I I I - r - - ... - -.- - - - - -1- - - ... - I I I I · _ l _ _ _ _ ~_; _ _ _ _:_ _ _ _ .. I 55 . I -- ~. ---.,-...--- . lIlfDlnI NoIM USing MeUUlld Wind Speecl , I -', .. TUI1llne NoIM Ualng ~ Wind Speecl 50 ,. , . '. I I , , 451 2 I 4 I 8 I & I 10 ---- I 12 I 14 16 18 2D 22 Z4 28 wlM ...d (mill Figure 11. Reference Microphone Position 1 Data Using Measured and Derived Wind Speed Whisper Noise Test Repon.doc Page 23 of 42 ~'-'- SpecIficatIon Sheet Page 1 of2 7 :1 i Residential II I i~rbine S stems i' Models: -\L Kilowatt " Out tit Cut-I. Wind Seed Rated Wind Seed Rated Rotor Seed Survival Wind I Seed . Weigllt of I Stub Tower 23-10 JI IOKw II ,I 8 mph JI ~I I 195 rpm II Specifications I 23-12,5 II 24-15 II 26-17.5 I 31-20 12.5 Kw II 15 Kw II 17,5 Kw 20Kw 8 mph II 8 mph II 8mph 8mph 27 mph II 26 mph II 27 mph 26 mph 205 rrn~1 205 rpm II 195 rpm 175 rpm 120 mph (54 m/s) 1,900 Ibs II 2,5001bs Turbine Rotor Number of Blades Orientation Axis .ominal) RotatiPn 3 Upwind Horizontal Counter Clockwise Blade . M t . I All models are fitted wIth fiberglass blades. a erJa k' Rotor 23 ft II 23 fL II 24 it. II 26 it. II 31 ft. Diameter Swe t.Area 415ft II 415 ft II 452 ft. II 530 ft. II 754.4 ft. I Centrifugal Variable Pitch Governor II Automatic Furling-Hypoid Gear Drive Yaw Control I Passive Tail Vane Generator Type I Brushless, Synchronous 3 Phase AC 12 Lead Reconnectable with Outboard Exciter Exciter I 60 ohm, 2 dc amps. ;power Rating I 2() kva II 20 kva II 20 kva II 20 kva 23 kva (Onan) i i or 25 kva htto ://www.bavwinds.com/new/SoecificatIons.htm 9/13/2006 SpecIt"ication Sheet Page 2 of2 * L ; Jl IL II II (Winco) I iL rr:=- 11450-1230 rpm II 450-1170 rpm II 450-1170 rpm II 450-1230 rpm II 450-1.050 I Speed TraospJ.issioo Type I Offset Hypoid Gear Drive I ,IRatio '~I 1:6.1 I Brake. System I Type I Manual Disc (Service/Maintenance) I SuPPtrt Towers Type" Material I Three legged free standing lattice (no welds). Corrosion Protection I Hot tipped galvanized. Hei2ht& Iwei2ht I 80 ft. = 4300 Ibs. 100 ft = 6200 Ibs II ~I 120 ft. = 8200 Ibs. IIBase Width II 80 ft = 9' 2-1/2" 100 ft =11' 3-9/16" I I I 120 ft = 13' 4-9/16" I Optiou I Tilting Hinges Home I Copyright Bay Winds, LLC All rights reserved world-wide. http://www.ba:ywinds.com/new/Specifications.htm 9/13/2006 . urbme & ! o'wer Spec" Page 1 of2 R.esidential furbine/To\ver Spec. [ H-Qme ) I Comp~ny InfQ.. ] I ~~~v~ ] I Products] [ Servic~ ] ( Contact] [ Link~ ] [ Search] T his Sectlon: System, l~otol"., Generator, l'ransmission, Brake & I'! Gnd Intcrtie System Hybrid PowerPlant f~~tures Turbine Systems: 1Q::17 Kw Power Curv~ 20 Kw PowerCurv~ Models PPricfi'es i< Kilowatt Output _~r o~ce Turbinerrower Spec. Cut-In Wind Speed Dealers (USA) (mph) Reps. (INTL.) . Warranty Rated Wmd Speed (mph) SJt~factors Rated Rotor Speed (rpm) Brochures & Misc. Data .d.___'___ * Survival Wind Speed Weight (lbs.) * Height (ft) (less Rotor) Turbine Rotor: Number of Blades Orientation Axis I nommal) RotatlOn Blade Material '*- Rotor Diameter (f1. ) Swept Area (ft.) Speed Control Yaw Control Generator: Type Exciter Field Power Rating (kva) http://www.windturbine.neuspecs.htm - 2 ~-1 0 10 23-12.5 12.5 26-15 15 26-17.5 17.5 ,. .... n.. .--..-------------- 8 mph --------------_______________ 25 27 26 27 195 205 205 195 --.---------------------- 120 mph --------------------------- 1900 1900 1900 1900 -- ..._-- ---- ...-------.... ---- 9 feet ----------------------------. 3 Upwind Horizontal Counter Clockwize Fiberglass 23 23 26 26 4]5 415 530 530 Centrifugal variable pitch governor (Loaded 2~ Unloaded 15 - 20 mph). 20 Automatic furling - hypoid gear drive (40 - 45 Passive Tailvane Brushless, Synchrous, Three phase AC 12 lead recon outbound exciter. 60 ohm, 2 amps. DC 20 20 20 20 9/13/2006 Turbme & Tower Specs V ol1age Speed (rpm) Frequency (hz) Transmission: Type Ratio Brake System: Type Support Towers: Type & Material Corrosion Protection .* Height & WeIght Base Width Options http://www.wmdturbine.net/specs.htm ~--,~ Page 20f2 40 - ] 80 V AC 450-1230 450-1170 o . 40 0 - 40 450-1170 0-40 450-1230 0-40 Offset Hypoid Gear Drive 1 :6.1 Manual Disc ( service/maintenance) Three legged free standing lattice (no welds). Hot dipped galvanized. 80 f1. = 4300 Ibs. 100 ft. = 6200 lbs. 120 ft. = 8200 lbs. 80 ft. = 9 ft. 1 00 ft. = 11 ft. 120 ft. = 13 ft. Tilting Hinges 9/13/2006 Residential ." Sl-<VSTR~AM 3.7 - TM 1.8 KW Residential Power Appliance 'j 7 '; ~\~, qRliCi3lion of r~f)^ (ResidCl1l1al Powel' Appl'dl',cesi \lla; U'a:\(jc tl:(; cncrqy landscape of how homes arK! small busnv::sses roco' vC c~lcnl iClty SkystrfJdrT1 IS tM first fully integrated systern that procluc cs (;11019" '0, iess (Iiall !fle ,NOI 398 cost of electricity in the United States anej it ;,roO,IC8S uS311lP f'I',erDyn excepi!Oll81ly low winds.' SkyslrealT\ IS 8VdilalJle on ((lWerS ranqlllg from 35 to 110 feeL' Its universal invel1er will deliver pOWf"r compatlhle wltli any utility gflti from 110-240 VAC.' Skystream will eHlclcntly 3110 SIP:l!!Y proVlde.l!) to 100% of the enorgy needs for a homf; or sI11all buslI,ess Any 8,ira enerC;Y IS fed Inlol,e grid spinning the meter backwards" echnical Specifications Model: Skyslrean' Rated Capacity: 1 f', kW Weight: 1:0,1 ibs I 70 kg ~Rotor Diameter: 1;:.' (('pI ! 3.7~: m Swept Area: 115.7 fF 110.87 nt" Type: Dowlw.lilld rol0r With stall ,.cguli1\lon control Direction of Rotation: ClockWise lOOKing upwind Blade Material: Fiberqlass 'elnforcecj composite Number of Blades: 3 Rated Speed: bO 3?5 rpl!' Tip Speed: 66-213 f/s 197-63 m/s Alternator: SI011css ,181 m'-lIlcnt magnet brusl11ess Yaw Control: Passive O..id Feeding: ~';outhw[~SI WIIKJpowCr IIwertor 120/240 VAC 50-601Hz Braking System: Fl8c:ronic stall regulation witl1 redundant relay switch control Cut-in Wind Speed: [j mpil ; 3S m/s Rated Wind Speed: 20 mph 19 m/s User Control: \Vircless ,?.way ,nlcrfac(') I'emote system .;i<survival Wind Speed: 140 rnph ! 6] 'n/s _ ,,17 "'rl ~:;"" :\n(j 'J\1I1Iy i:fW1U'I ,'rl~i'L .i: $,lIq/l~Wh r ',jIH 'OWe!':; ;Yi: :JV lIli1!)!(,; NIIl bf" ,ll'-lll;lblr. i'! !hl III"{j 11'\;' 1111 n' l,\:'lp; el' ;:-ODOR "" ;\I,'\(1Il,-!I1(1 irV.)f('C r,'n!~'-~'lY Ih:111 thf~ IO:J(j is eonsurniflO MADEIN USA Cost of Energy i) -- *sound Report Performance Graph m ,-_.. i "6 --.. i ~ ill ! 'IS 'Iii w; 8 _____-+...__..._o_...___,_+ ;- I/Ie 1'(,1) ] "l ;:.1011 r.....-.-..T...-- -.... '-.. ~! s.,....,...f!'t ;1 "'I",,..d :In.-tic "'lI'M"" i ~no ~~---_. "i > \1l "" -I .~-.,.--~ .. ,.. ......1 ._~~j VI j ?OO ~._~-----... :t: i ~ (;oo!. i "",h :r' 1It/, J1 1: Avel'llge Annual Wind Speed >K En_gy .1'10 i ~[O _ (00 1 ~:E l.1(J:) ;'(J(l jl .II: 0 .10 2~ I l!o/l Ie, 1;Vi :-~H'1 f)~'- ",ph (I 1 i J' 7??, ~H~j 44.l5 rnl$ () ~:\.o 1'I,n 15.0 :-:'0.0 Average Annual W'lI'Id Speed Standardized Wind Speed Southwest Windpower Renewable Energy Made Simple mph :"'(~ i rn/c l ~'C ' Average Annual Wind Speed ~{lS '_~,1/ 1 SO: Viles: {'?ol.lfe 66 - Flagstaff, AZ 86001 USA il"l 9?8 779.9.163 - fax. 9287791485 (--mall. rnfo@wtndenergycom www.windenergv.com ;', ~, (., t, I,j f1 C l' C r fIT 1 [ 1 C .\ T I 0 I-I !" [ I-I r.', I J r3 Skystream{ ..., Page 1 of I r-.. lCG\A.A: 1~X)YV\ rr-,(\j \OI)S' f~je-.j Jam our email list for product mfa, pricll1g, rebates, InCentIves and more. - At a Glance Rated Capacity: 1.8 KW * Rotor: 12 feet 13.72 meters; 50-325 RPM Alternator: Gearless, permanent magnet brushless Voltage Output: 240 V AC (Optional 277 V AC) Estimated Energy Production: 400 KWh per month at 12 MPH (5.4 m/s) Weight: 154 pounds *Tower: Towers from 35-110 feet are available; height is dependent by site Technical Specifications: Sl<ystream 3.7 Spec Sheet (PDF) .:,.,~:A vaiJabillty: August 2006 ., kystream ill current~v available primari~y for North American grid co~figuration 220V/60HZ). Additional international c011;figurations (50HZ) will be available in late 2006, along with marine and battery charging versions. Beltold the Winds of Change The Sky stream 3. 7™ is a new generation residential wind generator that hooks up to your your home to reduce or eliminate your monthly electrical bill. It's the first all-inclusive wind generator (with controls and inverter built in) designed to provide quiet, clean electricity in very low winds. This makes Skystream ideal for residential homes and small businesses. See if$kystream is right for your site. PriYJi0:'_~li~ ! Terms.-9fUse , Conta~t UsSouthwest.Wincl,power Proven Spec s Page 1 of,t.,. Residential Download PPE y~r~10J) of this page. ~RO\~ I '" ( V E Ii E N f '" C y Rotor Speell Control Above; 2m., (2)'mphi I Marine Build QualIty -.-J Ail machmes galvamsed steel, stainless steel & plastic components WT Model Cut In (metres/see) Cut Out (metres/see) Survival (metres/see) Rated (metres/see) Rotor Type No. of Blades Blade Material \ Rotor Diameter(ml Generator Type 1 Battery Charging ; L Grid connect with Windy Boy Inverter Direct Heating Rated RPM I Annual Output (kWh) I ~~ad Weight (kg) J Low Speed Equals Durability Unique elec generator means low rotor speed WT600 (600Watt) WT2500 (2.5kW) WT6000 (6kW) WT1500 (15kW) 2.5 (6 mph) None! 65 (145 mph) 12 (26 mph) Downwind, Self Regulating 3 e Polypropylene Wood/Epoxy Glass/Epoxy 2.55 (8.4 ft.) 35 (11.1 ft.) 5.5 (18 ft.) 9 (29.9 ft.) Brushess, Direct Drive, Permanent Magnet 12/24or48V DC 24 or 48V DC 48V DC 230 Vac 50Hz 230 Vac 50 Hz 230 Vac 50 H N;A or 240 Vac 60 or 240 Vac 60 or 240 Vac 61 Hz Hz Hz N/A 120 Vac or 240 Vac 500 300 200 160 900-2,300 3,000-7,400 9,000-19,400 23,000-48,5 70 (154 Ibs 190 (418 Ibs.) 500 (1100 Ibs.) 1100 (2200 II htto:l/www.solarwmdworks.comlProducts/W md Turbines/Proven/Proven Specs/proven _ s... 9/13/2006 Prc\en Spec Page 2 of~ t ~ I '\1ast Typ fill-UP, tapered, self-supporting, no guy wires I (Taller guyed towers also available upon request) Hub Height (m) 5.5 or (2 6.5 or II 9 or 15 15 WT Found (m) x 1 x 1 or 1.6 x 1.6 x 1.6 2.5 x 2.5 x 1 or 3.7 X 3.7 x 1.: 6x 1.6x 1 or 2.5 x 2.5 x 1 3 x 3 x 1.2 Winch Found (m) 65 x .65 x 6:'> .65 x 65 x 65 1 x 1 x 1 or 1.5 x 1.5 x L or 1 x 1 x 1 1.5 x 1.5 x 1 Tower Weight (kg) 120 or 350 2410r 445 360 or 656 I 1200 .. . . Brake No Yes Yes Yes Noise @ 5m/s (dBA) 35 40 45 48 Noise @ 20m/s (dBA) 55 60 65 65 Rotor Thrust (ke1\/') 2.5 (450 Ibs.) 5 (1124Ibs.) 10 (22481bs.) 26 (5845 lb: Sample of UK British Telecom Scottish, Youth Hostel Association, British Rail, Iris Commercial Lighthouse Authority, UK Lighthouse Authority, T-mobile, Orange Customers Notes: 1 meter/second = 224 miles per hour = 3.6 kph, 1 kg = 2.20 Ibs., 1 meter = 39.37 inches (32808 feet), Output range is quoted to cover typical average annual wind speeds, lighter wind site~ with typicaI4.5m/s will produce lower end ofrange, higher wind speed sites (6.5 m/s average) will produce upper end of range, all readings taken with an A TP SL-25 dBA meter, car passing 20m aw; @ approx 40mph is 70-80 dBa ~( I WT600 (600Watt) I 800 ------ -. .-. - -.--.-..-.- .---.- .--_.._------_._-~ 700 Power . . 600 Output .. · · · .. I (Watts) . 500 . 400 . 300 . 200 . 100 . . . Wind speed in metres/second 0 ~ 0 5 10 1S 20 I WT2500 (2.5kW) I httn:llwww.solarwindworks.com/Products/Wind Turbines/ProvenIProven Specs/proven_s... 9/13/2006 CE InfrastnlCture ) \1\\ \\ md Iurbme Technical SpecIfications ..,';t:: , , ,j,- ~l Home Products & Services Products Wind Turbines 1 5 MW Wind Turbine 2 X MW Wind T xbtqe :\ 6 MW Winl) T id~;i'1(~ Services Ufecycle Services DFU .1C' ~,,' LI~~~if. F>\.,iC:E~, Gj[f()(;i ~' Page 1 0[2 Commercial Qt?' j~X) WOlltO."il )l if~ CCMMITrvie~' 1\:J()liT us COI 1 551e 1.500 kW 3 5 m/s 2ti rn/s IEC s 28 rn/s C . It-out wine! speecj 3 s average IEC 5 30 m/s 1.551 1,500 kW 3.5 m/s 1 5 t"'!\#oJ Wind Turbine Technical $pecrficotions CJt-out wind speed <300 s ,,1\ crage C It-out WJnc1 speer! 30 s 8; erage C It-bach-IIi wlr1d speed 300 s a erage Rlted wnd ~,peed Rotor 15sle N;rnber of mtor !)ICiC8S 3 * R)tor dlame'8t Swept at ea 17m 4,657 ITiL R)tor speed (vat la(,110) 10.1. 204 rprn 10.1.20.4 rpm 11.1 - 22.2 rpm 11.1 - 22.2 rpm Tower 1 5518 .v H Jb heights /f'-- (1'11) 61.4"' 64.7"'": 80. 8('/ 1.55 1,500 kIN 4 m/s ;l Operating Data ~Rated capacity Cll-in wind speed IEC s 22 mts 12 rn/s 1 551 20 m!s WZ II: 22 m!s WZ III. IEC II: 25 m/s .: WZ II: 23 WZ II: 25 m/s WZ III, IEC II: mis 28 m/s WZ II: 25 rnls WZ II: 17 m!s 12 m/S 1.5s1 3 7i'm 4,657 m/. 614 1647' / 80' 8S' i 100' Power Control ,)r WZ II ."or WZ lil/IEC II "jor lEe I -+ for lEe s 1 ~sle p, wer 'llral Acti\!E? tJiddo pile" CCf1t:T.! ! 5s1 Active blade pitch control r WZ II: 27 m/s WZ III, IEC II 30 rn/s WZ II: 19 m/s WZ III, IEC II: 22 m/s r 12 m!s 1.55 1.5se 3 3 70.5 m 70.5 IT) 3,904 m2 ') 3,904 m- 1.5s 1.55e [54]' (' ,: 80' (- ! 85' r / 100' m 52.6'" 64.7'" 1.55 1.55e Active blade pitch control Active bled control http://www.gepower.com/prodserv/products/windturbines/en!15mw/specs.htm ~ 9/1412006 lntrastructure 1) \1 \\ \\ md J urbme I echmca] SpecIficatIOns Page 2 of2 \ 'iH:H'iltlnD LImits ('J:itsirif t",';paat'Jf'0) .. Cr.;jl: N(;~,tlIUI ilji', d tc j' ;'UC) · CGir! ',,;acinIC! i>:lr"rnu2Z i04'F 1,,30 \0 40C)/-40 'C to +50 "C survival without operation Control System . Programlnable io~I'C controller (PLC) . Remote contiOl Dnd monilorinn system Ccarbc', " Thr t',c'-Slt'f pj.J 1';f'j,Jr y spu' 8,"11 s ysle: 11 Generator . Doubly-fed three-phose asynchronous generator Braking System (fail-safe) . Electromechanical pitch control for each blade (three self-contained systems) . Hydraulic parklnp j)rakc Yaw System . Electrornoch;::;nk;;:ll dnven with wind direction sensor and automatic cable unwind Converter . pulse-\vidth modulaled IGBT frequency converter Tower design . Mult:-coated, conical tubular sleellower with safety lac!(Jer to the nacelle . Load lifting system, load-bedrrng capacity more than 4411bs (200 kg) . Service pi8tforn for 100 rn /ill!) heigllt (service lift optional) Noise Reduction . Impact noise insulation of the geDrbox and generator . Sound reduced gearbox . Noise reduced nacelle . Rotor blades with minimizea nOise level Lightning Protection System . lightning receptors installed 011 blade tips . Surge protection in electricai components N:-,te: subject to teurllcal alterations, errors and omissions Energv at GE r.ome ! Producls & Service~'3 ! Online Tools: Our Commitment I About Us I Site Map GE Corporate Horne Investor Irlormation I Pnvacy Policy I Terms of Use ( oPyclght General Electric Company 1997-2006 http://www.gepower.com/prod_serv/products/wind_turbines/enl15mw/specs.htm 9/14/2006 ~"'... CrE Infrastructure ),6 \1\\ Wend urbme Technical SpecificatIOns Page 1 ot 1. Commercial ':-:'->e~ ceses wO'to;il)'W, 'r,', : "\ ,\ '~,J :,[1 ,.iUR CC'MMiTf'v1ENl /\!30UT U~; co: 3.5 MW WtndTurbine Tedmicot Specifications Home Products & Services Operating Data 3.6 Products X- Rated capacity 3,600 kW eLt-in wind speed 3.5 ITlIS Wind Turbines 5 MW Wl",d Turbi'e eLl-out wind speed 27 rnls X MW V'tnd Turbine R",ted wind speed '4 lYliS 36 MW Wi'lei TurbJr'C Services Rotor Nunber of blades 3.6 3 Lifecycle Services 1< Retor diarnete 104 In Sv"epl al83 8,495 rn;' Hr tor speed 'vanable) 8.5 - 153 rpm Tower 36 j Ht.l) heights Site-dependent Pcwer control Active blade pitch control Design Data 3.6 IE::: 61400-1 ed2 Type class 18 Gearbox . Three steD planetary spur gear systern Generator . Doubly-fed asynchronolls generatm Converter . Pulse-width mOdulated IG81 -trequency converter Braking System (fail-safe) http://www.gepower.com/prod_serv/products/wind_turbines/en/36mw/36mw_specs.htm 9/14/2006 "4IiW"""'- GE Infrastructure - 3.6 MW Wil1d Turbme Technical SpecIfications Page 1. 01 L {. le-::1 1 h\dcle \11-1!'(:(:; self.r..Dn18int~cl syslerns) . jydr(_1;)II, J<lIh-'i;1 :Ydke Yaw System . Electromedl81ilcai driven witri wind direction sensor and automatic cable unwind Control System II Programmable IOr!lc controller (Pl_C) .. ~\fnl'l~ I;~ ii n-.[ "non it(; ri' q S y~:;tt! n 1 Offshore Container . Protecting converter, low and medium volt2:ge switch~;ear. transformer and control system Noise Reduction . Impact nOise insLliatJon of the gearbox and generator . Sound reduced gearbox . Noise reduced nacelle . Rotor blades with minimized nOise level . Onshore versiof1: Noise-reduced operation (optional) Lightning Protection System . Lightning receptors installed along blades . Surge protection !11 electrical components Tower Design . Hybrid tower made of prestressed concrete and tubular steel segment. tubular steel tower (off~ Jccording to location) Hoisting System . Optionl1llntegrateo hoisting system to service major, maldng external cranes unnecessary N'Jte: subject to tecl'nical alterations. errors and omissions ~ '._,.'~~_.Y.____ _.,.._.v,_ ~~~"~'"^,"'A__'"''''_''_'_'''''_''_~'_'_'___.'''''''~'''~'_''''''V"''',,,...-~,-.....y.'-- Energy at GE Home i Protiucb & Services: Online Tools! Our Commitment I About Us I Site Map GE' Corporate Home Investor Information I Privacy Policy I Terms of Use CopynfJlil General Electric Company 1997-2006 htto: / /www.e:eoower.com/prodserv/products/wind_turbines/en/36mw/36mw_specs.htm 9/1412006 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY DELETING SECTION 27- 2.03 OF ARTICLE 27 "SUPPLEMENTARY HEIGHT, AREA AND BULK REQUIREMENTS," REGARDING WINDMILLS, WIND ENERGY CONVERSION SYSTEMS, AND WIND-DRIVEN GENERATORS; AMENDING ARTICLE 3 "DEFINITIONS," TO INCLUDE SECTION 3- 1.67.3 RELATING TO WIND ENERGY SYSTEMS; AND AMENDING ARTICLE 29 "BOARD OF ADJUSTMENT," TO INCLUDE SECTION 29- 3.13 PROVIDING REGULATIONS FOR WIND ENERGY SYSTEMS; REPEALING ORDINANCE NO. 026986 ESTABLISHING A 30-DAY MORATORIUM ON THE ISSUANCE OF PERMITS FOR THE ERECTION OR CONSTRUCTION OF WIND ENERGY SYSTEMS; PROVIDING FOR SEVERANCE; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. WHEREAS, the Zoning Ordinance does not contain appropriate regulation of wind energy systems; and WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 6, 2006, during a meeting of the Planning Commission, and on Tuesday, September 26, 2006, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the regulations proposed shall apply only to wind energy systems; WHEREAS, the proposed regulation was reviewed by the Planning Commission on September 6,2006, and recommended for adoption by City Council; WHEREAS, on and after the adoption of the proposed regulation, the 30-day moratorium on the issuance of permits for the erection or construction of wind energy systems will no longer be necessary; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 3. DEFINITIONS, Section 3-1, as follows: ARTICLE 3. DEFINITIONS H \LEG- DIR \Shared\G aryS\agenda \2 006\09-26\ Wind Energy System ord060912.doc Section 3-1. Words used in the present tense include the future, words in the singular number include the plural number, and words in the plural number include the singular; the word "building" includes the word "structure;" the word "shall" is mandatory and not directory. In the interpretation of this Ordinance only, and no other certain terms and words are hereby defined as follows: * * * 3-1.67.3 Wind Eneray SYstem. A wind eneray conversion system or similar product consistina of a wind turbine. tower. and associated control or conyersion electronics which will be used primarily to reduce on-site consumption of utility power. (1) Heiaht. Total System. The heiaht above arade of the system. includina the aeneratina unit and the hiahest vertical extension of any blades or rotors. * * * SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 27 , SUPPLEMENTARY HEIGHT, AREA AND BULK REQUIREMENTS, to delete Section 27-2.03, as follows: ARTICLE 27. SUPPLEMENTARY HEIGHT, AREA AND BULK REQUIREMENTS * * * 27-2 MODIFICATION OF HEIGHT REGULATIONS * * * 27 2.03 'Nindmills, wind energy oonversian systems, aRd ':,iRd drilleR generators ':JniGh oxceea the height regwlations presoribed iR this ar:diR3Rse 3Fe permitted as spoGial exoeptions if the 8om'a af /\djwstmeflt fiRes, that ifl its opinien, as a matter of fast, SlJGh exceptions '/IiII not sUDstafltially affeGt ae':er:sely the lJses of ac;ijaccRt and neighboring property 1germittod by this ordinance. * * * SECTION 3. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 29, THE BOARD OF ADJUSTMENT, Section 29-3 "Special Use Exceptions," as follows: ARTICLE 29. THE BOARD OF ADJUSTMENT H :\LEG-DIR\Shared\GaryS\agenda \2006\09-26\ Wind Energy System ord060912.doc 'It 'It 'It 29-3 SPECIAL USE EXCEPTIONS. 'It 'It 'It 29-3.13 Wind enerov systems are applicable in any zonina district providina the minimum followina criteria is met: (1) Wind enerav systems shall be located on a parcel that is. at a minimum. one and a half (1 1/2) acres in size. Additional wind enerav systems shall be permitted on the same parcel at a ratio of one (1) for every one and a half (1 1/2) acres of property. (2) The total system heiaht of a wind enerav system shall not exceed a maximum heiaht of one hundred and ten (110) feet. measured at the top of the blade. QL. Each wind enerav system shall be set back a distance eaual to one hundred and fifty percent (150%) of the heiaht of the total system (includina blade lenath) from all property lines. (1l The minimum distance between the around and any protrudina blades utilized on a wind enerav system shall be twenty-five (25%) feet. as measured at the lowest point of the arc of the blades. illL If more than one wind enerav system is located on a site. there must be a one hundred and ten (11 Q) foot separation between each. measured at the base of the structure. (6) Wind enerav systems shall not exceed sixty (60) decibels. as measured at the closest property line. (7) The minimum survival wind speed for the wind enerav system must be one hundred forty (140) mph. (8) Roof-top mounted wind aenerators are prohibited. (9) The wind enerav system will not substantiallv affect adverselv the uses of adiacent and neiahborina properties. H. \LEG-DIR\Shared\GaryS\agenda\2006\09-26\ Wind Energy System ord060912.doc SECTION 4. That Ordinance No. 026986, adopted on September 12, 2006, establishing a 30-day moratorium on the issuance of permits for the erection or construction of wind energy systems is hereby repealed. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance, to the extent of the conflict, are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances SECTION 8. 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 9 This ordinance shall take effect upon and after publication of this ordinance. SECTION 10. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure on this 26th day of September, 2006. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: September 21, 2006. Henry Garrett Mayor, City of Corpus Christi ~uOrn.tA... G Smith Assistant City Attorney For City Attorney H:\LEG-DIR\Shared\GaryS\agenda\2006\09-26\ Wind Energy System ord060912.doc Corpus Christi , Texas ______ day of __ __, 2006 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. Ilwe, 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 l Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia William Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott H\LEG-DIR\Shared\GaryS\agenda\2006\09-26\ Wind Energy System ord060912.doc 18 ~.,;".......... CITY OF CORPUS CHRISTI AGENDA MEMORANDUM City Council Action Date: September 26, 2006 AGENDA ITEM: Motion authorizing the City Manager or his designee to enter into a contract with Mercer Oliver Wyman and Mercer health and Benefits in the amount of $ 95,000 for professional services on the preliminary evaluation of consumer Directed Health Care (CDHC) combined with the viability of a Health Savings Account-based (HSA) or a Health Reimbursement Account (HRA) consumer directed Health Plan (CDHP). Recommendations regarding changes to the existing health plans will be provided 10 the event CDHP is found not to be a viable option for the City. ISSUE: As with employer health plans nationally, expenses for the City's self-funded medical insurance plans (Citicare, Citicare-Fire, and Citicare-Public Safety) continue to rise. In an attempt to reduce the rate of increase in these plans while at the same time providing a competitive benefit, the plans must be evaluated and plan changes must be implemented that meet the needs of the employees and the City. RBOUIRED COUNCIL ACTION: Council approval is needed for contracts ill excess of $25,000. FUNDING: Funding for the actuarial services is budgeted in Fiscal Year 2006-2007. RBCOMMENDA TION: Staff recommends approval of the motion as presented. ~G~~ Cynthia Garcia Director of Human Resources AUacllments Background Information Professional Services Agreement -............. -,..-- BACKGROUND INFORMATION BACKGROUND Expenses for the City's self-funded medical insurance plans (Citicare, Citicare-Fire and Citicare- Public Safety) continue to rise. In order to control increases while continuing to offer a viable benefit, changes must be made to the plans offered to employees and retirees.. In the medical insurance industry efforts to reduce costs over the past several years have focused on Consumer Directed Health Care (CDHC). With CDHC, the member is encouraged to become an educated consumer and take a more active role in determining how medical dollars are spent. Often CDHC's are implemented in conjunction with a Health Reimbursement Account (HRA) or a Health Savings Account (HSA), both of which provide funds that members may use to pay for Increased out-of-pocket expenses such as deductibles and co-pays. In order to evaluate the City's experience. staff determined that a consultant whose experience is in the field of employer medical health plans was needed to conduct the analysis.and guide the City through a restructuring of the health benefit plans. A request for proposal was developed seeking professional services as described above. On March 31, 2006 the City published the RFP. The RFP was sent directly to seven entities known to have experience with CDHP's and was also posted on the City's internet website. For various reasons. no organization responded to the RFP. It was then determined that it was appropriate to enter mto sole source negotiations with Mercer Oliver Wyman, the organization responsible for the City's actuarial studies for the past five years. fhe origmal proposal developed with Mercer consisted of two parts: a) analysis to determine if a Consumer Directed Health Plan with either an HRA or HSA would "work" for the City, and b) should it prove viable. development of the plan itself with assistance in implementation. If a CDHP was found not to be appropriate for the City, Mercer would analyze the current plans and provide recommendations for changes to reduce the City's growth in expenses while still maintaining affordability for employees. the City and Retirees. With further negotiations, the project was split such that the second phase will only be contracted if a CDHP/HSAlHRA is found to be a viable option. Additionally, in this first phase, City staff agreed to perform the majority of the required focus group discussions themselves with initial assistance from Mercer. By doing so, the City is saving $15,000. Page 1 of 5 81-0176-06 PROFESSIONAL SERVICES AGREEMENT HSA Consultant Services This Agreement for securing professional services is entered into by and between the City of Corpus Christi ("City"), a home rule city under the laws of the State of Texas, and Mercer Oliver Wyman and Mercer Health and Benefits (hereafter collectively, "Consultant"). This Agreement becomes effective upon signature by the City Manager or designee. The City seeks the servIces of Consultant to perform an actuarial analysis of the City's sett-insurance activities within the employee benefits fund; and The Consultant will prepare and issue a written report which documents its findings and recommendations; In consideration of the stated mutual covenants, undertakings and considerations the parties agree as follows SKtion 1. Contract Administrator The City's contract administrator ("Contract Administrator") for this Agreement is the Dill'ector of Human Resources, Cynthia Garcia, or her designee. The Contract Administrator is responsible for all phases of the City's performance and operations uooer this Agreement, including authorizations for payment. All notices or communications regarding this Agreement shall be directed to the Contract Administrator pursuant to Section 18, below. Sction 2. ScoDe of Service The Scope of Service shall be in accordance with Exhibit A - Consumer Directed H..lth Care/HSA Consulting Proposal attached herewith (hereinafter, "Proposal") under the section titled "Project Scope of Work". SEtlon 3. Price T eta I price for services shall be as specified in Proposal in the section titled "Professional Fees" Section 4. Term of Aareement This Agreement commences upon execution by the City Manager or designee and cOAtinues for a period of twelve (12) months. Sstion 5. Termination of Aareement The City may, at any time, with or without cause, terminate this Agreement immediately upon written notice to the Consultant. Upon termination of this Agreement, all finished or C:HDoyle.OJ Di3\HumanRes '6\06091' DC CDHCare HS,A Consu.ItK.BIG176 06 Mercerdoc Page 2 of 5 unfinished documents, data, studies. or reports prepared by the Consultant, at the option of the City. will be delivered to the City and become the property of the City. Section 6. Fiscal Year and Aooropriations All parties recognize that the continuation of any Agreement after July 31, the close of any fiscal year of the City, will be subject to appropriations and budget approval providing for covering the Agreement as an expenditure in the budget. The City shall not be obligated to perform under this Agreement if the City Council declines to appropriate funds sufficient to pay Consultant. Similarly, in that event Consultant shall have no obligation to continue performance under this Agreement. Section 7. Assianabilitv The Consultant will not assign, transfer, or delegate any of its obligations or duties under this Agreement to any other person without the prior written consent of the City. The performance of this Agreement by Consultant is the essence of this Agreement and City's right to withhold consent to the assignment will be within the sole discretion of the City Section 8. Indeoendent Contractor Consultant will perform all professional services as an independent contractor and will furnish these services in its own manner and method, and under no circumstances or conditions will an agent, servant, or employee of the Consultant be considered an employee of the City. Any agent, servant and employee of the Consultant assigned to perform services under this Agreement shall be competent, capable, qualified and duly licensed under the laws of the State of Texas to perform their services. Section 9. Subcontractors Consultant may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Consultant must obtain written approval from the City. n using subcontractors, Consultant agrees to be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Consultant. All requirements set forth as part of this Agreement will be applicable to all subcontractors and their employees to the same extent as if the Consultant and its employees had performed the services. Section 10. Applicable Law Consultant agrees to abide with all Federal and Texas law, including those laws related to Equal Opportunity and to Persons with Disabilities. The place of performance under this Agreement will be in Corpus Christi, Nueces County, Texas. Venue for any legal action will be in the appropriate Court in Nueces County, Texas. C{OoyleC3 U6\HumanRes '6\06091' DC CDHCare HSAConsu ilKSI 01'6 C!6 Mercer.doc Page 3 of 5 SKUon 11. Authoritv Cansultant and the City each represent that the individual signing on its behalf has the power and authority to enter into this Agreement, and that this Agreement constitutes a vajid and binding obligation of each party. StFtJon 12. Waiver No waiver of any breach of any term, or condition of the Agreement, will be construed to waive any subsequent breach of the same. Section 13. Disclosure of Interests Consultant further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Interest form provided to Consultant. A copy of the Disclosure of Interest is attached as Exhibit 1. Section 14. Insurance Consultant shall procure and maintain the insurance coverage required under this Agreement as Set forth in the attached Exhibit 2. SftCtion 15. Indemnification Consultant shall fully indemnify, save, and hold harmless the City and the City's officers, employees, representatives, and agents against any and all damages, losses, judgments, claims or other monetary losses recovered from the City on account of personal injuries including, without limitation, workers' compensation, death claims, property loss or damage of any kind, or any other kind of damages wltich are attributable to consultant's negligence or willful acts or omissions (as determined by final judgment of a court of competent jurisdiction which is no longer subject to appeal or further review) wltile in performance of this A GREEMENT and including all expenses of litigation, court costs, and attorneys' fees incurred by the City in connection with defending itself in any actions resulting in these monetary losses. To the extent not prohibited by the statutes of the State of Texas and the Texas Constitution, the City shall indemnify, save, and hold harmless the Consultant and its officers, employees, representatives, and agents against any and all damages, losses, judgments, claims or other monetary losses recovered from the Consultant on account of personal injuries including, without limitation, workers' C:VDoyleo03 J6iHumanRes '6\060911 DC CDHCareHSA Consu ItK.B!oD176 06 Mercerdoc '.... Page 4 of 5 compensation, death claims, property loss or damage of any kind, or any other kind of damages which are attributable to the City's gross negligence or willful acts or omissions (as determined by final judgment of a court of competent jurisdiction which is no longer subject to appeal or further review) while receiving services under tltis AGREEMENT and including all expenses of litigation, court costs, and attorneys' fees incurred by the Consultant in connection with defending itself in any actions resulting in these monetary losses. Section 16. Notice AIt notices, demands, requests, or replies provided for or permitted under this Agreement by either party must be in writing and must be delivered by 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; (3) by prepaid telegram; (4) by deposit with an overnight express delivery service, for which service has been prepaid; or (5) by fax transmission. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fax transmission will be deemed effective upon transmission, with proof of receipt. All these communications must only be made to the following: ~----_..,._. ...---...- IF TO CITY: City of Corpus Christi Attn: Cynthia Garcia Director, Human Resources P.O. Box 9277 Corpus Christi, Texas 78469-9277 PHONE: (361) 880-3315 ___F~X: (361) 880-3697H_ -______L____ IF TO CONSULTANT: Mercer Oliver Wyman Attn: Beth R. Fritchen, FSA, MAAA 411 East Wisconsin Ave., Ste.1600 Milwaukee, WI 53202-4419 PHONE: (414) 223-7981 FAX: (414) 223-3244 Either party may change the address to which notice is sent by using a method set out above. Consultant shall notify the City of an address change within thirty (30) days after the address is changed S~tion 17. Severabilitv In the event that anyone or more of the provisions of this Agreement shall, for any reason, be held invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement. C {Doyle.C.- U5\HumanRes '6\06091' DC C[>HCare HS', Consu ilK HI 01"0 Jo Mercer doc Page 5 of 5 Sction 18. Headinas. The headings used in this Agreement are for convenience only and are not to be construed as part of this Agreement Sction 19. Amendment No modification or amendment of this Agreement shall be binding unless it is in the form of a written document referring to this Agreement and signed by authorized representatives of the City and Consultant. EXECUTED IN DUPLICATE, each of which will be considered an original, this day of____.__.. 2006. CITY OF CORPUS CHRISTI George K Noe, City Manager, or designee ~~s TO FORM 13 September 2006 DOvle D. Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney CONSU..ILTJN::Me~er~rw~an By:/C..--f ___ A _ ,# Name: {--. \ c"_.J. A G: l c..:~ .-., . Title: \.;"'\ olI.....: -0' ,,\ \ ' Date: ~ ( 'f'':+ :. l". C:\I Doyle.03 D6\HumanRes. 16\06 0911 DC. CDHCare HS,A Cansu.IIK 81.017606 Mercerdoc .......' ,..- MERCER OLIVER WYMAN 411 East Wisconsin Avenue, Suite 1600 Milwaukee, WI 53202-4419 4142237989 Fax 4142233244 beth .fritchen@mercer.com www.merceroliverwyman.com September 1 3. 2()()6 Ms. Adna Schrelber-Garza City of Corpus Christi P.O Box 9277 Corpus ChriStI, Texas 7X469-9277 Subject Consumer Directed Health Care I HSA Consulting Proposal Dear Adria Mercer Oliver Wyman and Mercer Health and Benefits (collectively, Mercer) is pleased to provide you with this proposal to assist the City of Corpus Christi (the City) with your benefits program. This proposal focuses on strategic planning and the preliminary evaluation of Consumer Directed Health Care (CDHC) combined with the viability of a Health Savings Account-based (HSA) or a Health Reimbursement Account (HRA) Consumer Directed Health Plan (CDHP). ThiS proposal has been modified based on our discussion with you and your colleagues. We look forward to working with you to build a consulting solution that exactly meets your needs Proposed Feasibility Study - Objectives and Outcomes It is our understanding that the CIty would like to conduct a Feasibility Study to determine if a CDHP with an HSA or HRA as the account mechanism is a practical health plan option for your population. Further, we understand that the City would consider a multiple year strategy to accomplIsh its objectives. We have outlined a set of services that we believe will be of greatest assistance to the City by helping you. . Define goals and measures of success for a multi-year consumer directed initiative; Review your current programs--benefit plan designs, enrollment and cost trends; the City's demographics. and key health care cost drivers, in order to provide suggestions for cost management opportunities and better alignment with consumerism and CDHP; Create a five-year rugh-Ievel health care cost baseline using Mercer's MedForecast™ technology to allow real-time fmancial modeling of multiple interventions; Create a "straw man' HSA-based or HRA-based consumer directed plan design that represents how a CDHP might best be designed to meet your goals; . . . Page 2 September 13, 2006 City of Corpus ChriStl · Conduct financial analysis of CDHP relative benefit values compared to your other plans with a high-level evaluation of the potential cost impact of up to three scenarios of HSA- based or HRA based CDHP offerings; · ASSIst city WIth planning employee focus groups to measure employee interest and receptivity to the approach under consideration; · Provide analysis supporting whether or not to move forward with an HSA-based or HRA- based CDHP offering. If appropriate, offer a preliminary design; and · Present final recommendations, suggested timing for implementation of recommendations and estimated finanCIal impact In the remamder of this letter, we briefly outline the services to be provided in the Feasibility Study Project Scope of Work A detailed project plan is included as an attachment to this letter. The following is a description of the major tasks associated with the Feasibility Study. · Objective Setting and Data Collection: We will conduct a project kick-off meeting that confirms the nature of the project, timing, data collection needs, financial objectives, existing administrative capabilities, current communication infrastructure, success criteria, and roles and responsibilities of the City and Mercer's project team members. Defining the goals for the program and what success will look like are important first steps in modeling a new program, Mutually agreed upon targets for success will act as guiding principles as we move forward in the design of the new program. Deliverables and timing: One meeting Written confirmation of the City's objectives , Early October · Preliminary Benefit Program Design Health Care Data Analysis: A solid understanding of cost and utilization indicators for the City's plans is an important component to determine key health care cost drivers. We will analyze the current program design; plan cost and utilization data; enrollment and demographic data; and union contract and enrollment information. We will create a five-year health care cost baseline using MedForecast. This technology allows real-time high-level finanCIal modeling of strategic interventions to determine the impact on your program costs over a five-year period. Page 3 September 13, 2006 City of Corpus Christi Summarize findings from analysis: The findings from our analysis will help us identify the opportunities for cost management and how a consumerism strategy should be crafted to meet the needs of the City Straw Man Design: Creating an initial "straw man" design of what the potential consumer directed program will look like for the City will give us a basis for financial analysis and making consumerism recommendations across the program. We would walk through a fairly detailed set of plan design decisions (e.g., preventive care design, HSA funding options, administrative and vendor options, debit cards, plan positioning mcluding high-level contribution setting, etc.) with the objective of defming as many of the plan provIsions as possible prior to the next evaluation steps. Deliverables and timing: :J Meeting to dISCUSS key findings from the data analysis and review straw man scenarios for design and timmg. CJ Report documenting findings and illustrating design options and timing. J End of November/early December · Preliminary Financial Modeling: Once these preferences and requirements are captured, Mercer will work to catalogue all the decisions made and create a consumerism and CDHP program that will meet the City's needs. We will also have our actuaries most experienced with CDHPs and HSAs /HRAs review the basic design to confirm the fmancial viability before beginning financial modeling. This is an important step to minimize the risk of adverse selection that could potentially increase the City's cost if not structured properly in conjunction WIth other program elements. Deliverables and timing: Meeting to dISCUSS key fmdings from the preliminary financial analysis Report documenting findings and illustrating potential selection issues End of November/early December · Focus Groups: During the Feasibility Study, it is important to conduct employee research (focus groups or Web survey) on readiness for consumerism and a CDHP-type of health care plan. The focus groups will solicit feedback from employees about their current health care and benefit buying patterns and test various techniques to effectively communicate the new deSIgns and influence consumer behavior by employees and family members. Deliverables and timing: o Develop questionnaire and invitation; conduct 1 focus group meeting along with City staff so you can complete remaining focus groups Plannmg III January for February activity - Page 4 September 13. 2006 City of Corpus Christi · Financial Analysis and Modeling: Once the goals, straw man design and overall program design are agreed upon, Mercer can begin preliminary financial analysis around the plans and program. The analysis will utilize our proprietary CDHP Financial Tool and will focus on: Selection between the plans based on relative benefit value; Selection between the plans based on contributions; Sensitivity analysis around the impact of greater or lesser enrollment; Long-term preliminary projections of HSA-based or HRA-based CDHP over a five year term High-level scenarios of employee fmancial impact, tax savings and funds accumulation towards retiree health expenses Impacts caused by vendor changes, such as network discount arrangements, service areas and the efficiency of consumerism support tools can only be roughly estimated at this stage. This process typically takes multiple iterations between plan design, contribution/rate setting, actuarial assumptions and projections. For this process, we have assumed two iterations. De/iverab/es and timing: 'J Meeting to discuss key fmdings from the fmancial analysis Cl Report documenting findings and illustrating various impact analyses on key stakeholders CJ Mid to late January · Present results of Feasibility Study and Recommendations to the City: We will meet with the City to present a summary of the project, key fmdings, recommended plan designs, recommended timing and financial projections. De/iverab/es and timing: :J Presentation to the City and City Council o Ready for presentation in April (in advance of fmal budget in May) Timing We have outlined a proposed timeframe for this project assuming a start date of October 15 and a completion date of April 30. The key milestones are outlined below. The detailed project plan contains more detail on the specific timing associated with each of the tasks to be performed. ~ Page 5 September 13,2006 Citv of Corpus Christi · Kick-off meeting Data collection completion · Analysis of plan data and development of "straw man" design · Meeting to discuss preliminary design & financial modeling · Finalize benefit designs · Meeting to discuss final design and financial modeling and analyses · Focus group planning & initial facilitation October 15th October 27th November 10th November 14th December 18th January 16th Start in January for Completion in February April 30th Presentation to City Council Professional Fees Our professional fees for the project as described in this letter are estimated to be $95,000. Actuarial and Financial Analysis $30,000 $10,000 Focus Groups If the scope of services or staffmg requirements changes, then the professional fees will be adjusted in advance by mutual agreement In additIon to profeSSIOnal fees, we will also bill monthly for our expenses such as travel, postage, mailings, delivery services, design fees, printing, photography/artwork, output revisions, and other reasonable out-of-pocket expenses. The City is responsible for any sales taxes, including those assessed by any sales tax authorities subsequent to your payment for the Services. Payment of Mercer's invoices is due upon receipt. ~ Page 6 September 1 3, 2006 City of Corpus Christi T_m Beth Fritchen, FSA, MAAA will serve as the project leader and be responsible for the overall satisfaction of the project. In addition, she will perform the fmancial analysis required in this project. She has a vast amount of experience in pricing consumer driven health care plans and financial analysis. The Mercer Human Resource Consulting practice has implemented many CDHC programs for employers across the country. Our consultants are some of the experienced consumer directed consultants in the country. Tracy Watts will serve as the Senior Strategy Consultant for this engagement. She will be assisted by Julie Peacock who will serve as your day to day practice consultant from Mercer Health and Benefits. Jackie Powell will serve as the lead on the communication strategy. Weare excited about the opportunity to work with you on this evaluation project. Please feel free to call me at 414223 7981 with any questions or to discuss next steps. Sincerely. ~ ~ .JAiIrk- Beth R. Fritchen, FSA, MAAA Copy Julie Peacock, Tracy Watts - Mercer Health & Benefits Jackie Powell - Mercer Human Resource Consulting . : Code I ! ; Proposed Work Plan City of Corpus Christi: HSA/HRA Feasibility Study 1.0 1.01 102 DeliverablelT ask proJect PllIMlna Define Team & Roles Target Start Target End Date Date 10/16/06 10/16/06 08/01/06 08/07/06 10/16/06 10/16/06 10/16/06 10/23/06 10/23/06 10/27/06 10/23/06 10/27/06 10/23/06 10/27/06 10/16/06 10/18/06 10/16/06 10/20/06 10/16106 10/20/06 10/16/06 10/20/06 10/16/06 10/20/06 10/16/06 10/20/06 10/16106 10/20/06 10/16/06 10/20/06 10/23/06 11/03/06 i 10/23/06 11/03/06 10/23/06 11103/06 ! 10/23/06 11/03/06 I I I 10/23/06 11/03/06 10/23/06 11/03/06 10/23/06 11/03/06 11/06/06 11110/06 11/14/06 11/14/06 11/15/06 11/20/06 11/20/06 12/08/06 11/20/06 12/08/06 11/20/06 12/08/06 11/20/06 12/08/06 12/12/06 12/12/06 12/13/06 12/18/06 12/13/06 12/18/06 01/16/07 01/16/07 01/17/07 01/23/07 04/01/07 04/01/07 1.03 Draft Project plan Finalize project plan key dates, milestones, project plan Data Coli_on 2.0 2.01 2.02 2.03 2.04 3.0 Develop and distribute an electronic data reauest Gather plan information Organize data Load data into Mercer System PreIIn'IInq Benefit Prooram Design 3.01 Prepare detailed side-by-side comparison of current benefits --"--- _ __..~ Analyze demographics .. __ 3.03. Analyze utilization and claims data 3.04 Benchmark olans & cost usina survev data ._ 305 Summanze key findinQs & observations .. _. 3.06 Identify financial target .... ____ _____.__ _ 3.07 Identify key cost drivers _.___._____ _ 3.08 I Analyze utilization and claims data___.____ _ _ 3.09 I Develop materials & Prep for Meeting 1 ________ .~~ Pros/Cons on HSNHRA__.___._. _'..' __~ Demographic charac.ter. i.stics Of.HSNHRA _ _.__~~_ Legislative requires ._. _ _ _ _ _._ _ 3.13! Research eliaible services covered under HRNHAS __ . .__.. ~4 Pros/cons of funding HSA .. . 3.15 I Develop recommendation for plan design for 2007 I & 2008 __ _________ . ____ 3.16 Review and finalize presentation ___ 3, 17 i Meeting 1- Educate & Gather input 3.18 Outline our understandina of philosophy __ ~ti_praft preliminary benefit strategy 3.20 . i 3.21 ! 326 Refine 2007 & 2008 plan design recommendations Research imoact of access to health care Pricing of Recommended Plan Designs Present strategy to Client - Meetina 2 Finalize the benefit strateay Finalize 2007 & 2008 plan design options Present benefit plan design options to client - Meeting 3 3.22 -. ---.- 3.23 3.24 3.25 , _ __ __ 3.27 Refine the initial strateavlvision/olan desian _ 32~_L~resent to City Council.. _ _______ __..___ . Proposed Work Plan City of Corpus Christi: HSA/HRA Feasibility Study /- Target Start Target End Code DeliverableITask Date Date 4.0 FI.......An...... Preliminary financial review - initial review of benefit -. 4.01 designs for potential selection issues 11/20/06 12/08106 4.02 Development ci six vear projection 12113/06 01/12107 Development of assumptions for modeling - .....,_.. 4.03 contribution rates; utilization & cost trends, etc. 12113106 01/12107 Development of enrollment patterns - various 4.04 scenarios 12113106 01/12/07 Analysis of impact of potential adverse selection 4.05 issues 12/13106 01/12/07 Impact analyses on various subgroups of employees - .......-- 4.06 Le "winners and losers" 12/13/06 01/12/07 High level impact analysis of retiree coverage under 4.07 optional coveraae and full replacement 12113106 01/12/07 -_.- 4.08 Administrative expense cost analvsis 12/13106 01/12/07 -- 4.09 Present AnalYSis to Client 01/16/07 01/16/07 4.10 Finalize financial analvsis and modelina 01/17/07 01/23/07 1.0 FOQIIQI-ouaibMly i> 51 Draft focus Qroup Questionnaire & invitation 12/04106 12/15106 ~.....,_. 52 Internal review of Questionnaire & invitation draft v1 12115106 12129/06 -- 5.3 Client review of Questionnaire & invitation draft v1 01/02107 01/05107 5.4 Revise Questionnaire & invitation draft v1 01/05107 01/10/07 -....--. 55 Internal review of Questionnaire & Invitation draft v2 01/11/07 01/17/07 5.6 Client review of auestionnaire & Invitation draft v2 01/18107 01/25/07 1--- 5.7 Revise Questionnaire & invitation draft v2 01/25107 01/27/07 ~_. 5.8 Client approval of final Questionnaire & invitation 01/29/07 01/30/07 5.9 Host first focus aroup 02105107 02109/07 L... 6.0 Provide feedback and minor chanaes to Questionnaire 02/12107 02/16/07 ,........- EXHffiIT 1 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christl Ordinance 17112 as amended, requires all persons or Proposers seeking to do business with the City to provide the following mfonnation Every question must be answered. If the question is not applicable, answer with "NiA" See reverse side for definitions, PROPOSER NAME: " ~\ It ,-J t-....i i..._~':'''_ ~.~ ADDRESS:_~~~~~_,. '~ISL,..:{,~.j~CITY m. \U~V ' ZIP .C{38.11 PROPOSER is i. (:orporatJon ~ 2 4 Association ( ) 'i Other Partnership \ Sole Owner ( ) DISCLOSURE QUESTIONS If additional space IS necessan, please use thc' reverse side of this page or attach a separate sheet. I 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 "Proposer." Name _..~.. Job Title and City Department (if known) 2 State the names of each "otlicial" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the: ownership in the above named "Proposer." Name -~~ 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 "Proposer." Name Board, Commission, or Committee L!-~ 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 "Proposer" Consultant '" r . _____..J..__~.- 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. CertifYmg Person: . l.:;.\c..,~....;. \"1 C-S-\ '-~ '- r1 Title: \;\.. ":.d .1'"') jA ~ , - Signature of iOn: A CertifYing perso/ Date: 1/ J t? 10/_ i ~ r 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. "Proposer." 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 a self-employed person, partnership, corporation. joint stock company, joint venture, receivership or trust, 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 Proposer, 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." f. "Consultant." Any person or Proposer, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Exhibit 2 81-0176-06 Professional Services Agreement HSA Consultant Services Insurance Requirements Prior to the commencement of any work under this Contract, Contractor shall furnish an original completed Certificate(s) of Insurance to the City which shall be completed by an agent authorized to bmd the named underwriter(s) and their company to the coverage, limits, and termination provIsions shown thereon, and which shall furnish and contain all required infonnation referenced or indicated thereon The original certificate( s) must have the agent's original signature, mcluding the signer's company affilIation, title and phone number, and be mailed directly from the agent to the CIty. The City shall have no duty to payor perform under this Contract until such certificate shall have been delivered to the City, and no officer or employee, other than the City's Risk Manager, shall have authority to waive this requirement. The City reserves the right to review the insurance requirements of this section during the effective period of this Contract and any extension or renewal hereof and to modify insurance coverage and their limits when deemed necessary and prudent by the Risk Manager based upon changes in statutory law, court decisions, or circumstances surrounding this Contract, but in no instance will the City allow modification whereupon the City may incur increased risk. A Contractor's financial integrity IS of interest to the City, therefore, subject to Contractor's right to maintain reasonable deductibles m such amounts as are approved by the Risk Manager, Contractor shall obtain and maintain m full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence baSIS, by companies authorized and admitted to do business in the State of Texas and rated A- or better by AM. Best Company and/or otherwise acceptable to the City, in the following types and amounts' [YPE AMOUNT I ! . Workers' (ompensahon Employers Liability Statutory $500,000/$500,000/$500,000 ') Commercial General Liability Insurance a Premises operations Combined Single Limit for Bodily Injury and Property Damage of $1,000,000 per occurrence or its equivalent ') Independent Contractors Products/completed operations c1 Personal Injury '- Contractual Liability 3. Professional Liability $1,000,000 per claim to pay on behalf of the insured all sums which insured shall become legally obligated to pay as 1 damages by reason of any act, malpractice, error or omission in professional services; if written on a "Claims Made" form, must provide for an extended reporting period of twenty-four (24) months after the date of Contract termination. The City shall be entitled, upon request and without expense, to receive copies of the policies and all endorsements thereto as they apply to the limits required by the City, and may make a reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes m policy coverage, and shall pay the cost thereof Contractor agrees that with respect to the above required insurance, all insurance policies and Certificate(s) of Insurance shall contain the following required provisions: . ~ame the City and its elected officials, officers, directors, employees, agents, volunteers and representatives as additional insureds (as the interests of each Insured may appear), as to all applicable coverages with respect to operations and activities of, or on behalf of, the named insured performed under this Contract with the City, with the exception of professional liability and workers' compensation policies; . The Contractor' s insurance shall be deemed primary with respect to any msurance or self insurance carried by the City for liability arising out of operations under this Contract with the City; and . Workers' compensation and employers' liability policy will provide a waiver of subrogation in favor of the City. . Contractor shall notify the City in the event of any notice of cancellation, non- renewal or material change in coverage and shall give such notices not less than thirty (30) days prior to the change, or ten (10) days notice for cancellation due to non-payment of premIUms, which notice must be accompanied by a replacement Certificate of Insurance All notices shall be given to the City at the following address City of Corpus Christi Attn: Risk Manager P. O. Box 9277 Corpus Christi, TX 78469-9277 If the Contractor fails to maintain the aforementioned insurance, or fails to secure and maintain the aforementioned endorsements, the City may obtain such insurance, and deduct and retain the 2 ~. ..,~ amount of the premiums for such insurance from any sums due under the agreement; however, procwing of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of the Contractor to maintain said insurance or secure such endorsement. In additIOn to any other remedies the City may have, the City may require the Contractor to stop work hereunder and/or withhold any payment(s) which become due until Contractor demonstrates compliance with the requirements hereof Nothing contained herein shall be construed as limiting, in any way, the extent to which the Contractor may be held responsible for payments of damages to persons or property resulting from the Contractor"s or its subcontractors' performance of the work covered under this Contract. 3 19 ~,."'- AGENDA MEMORANDUM City Council Action Date: September 26,2006 ~BJECT: Master Channel 27 Drainage Improvements (Project No. 2263) BOND ISSUE 2004 ye"DA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No.5 to the Contract for Professional Services with Maverick Engineering of Corpus Christi, Texas in the amount of $1,143,024 for the Master Channel 27 Drainage Project ~ During preliminary design several key elements emerged that will affect the construction of the project. This amendment is for necessary additional design work now r9CIuired for Cimarron Boulevard Phase 1, specifically the design for Master Channel 27 to alleviate flooding in that area EMHOING: Funds for this project are available in the Fiscal Year 2006-07 Capital Improvement Budget BJCOMMENDA TION: Staff recommends approval of the motion as presented. r q):2))<?~ / Foster Crowell Director of Wastewater Services ~i'onal Support Material: Exflibit "A" Background Information Extlibit "B" Contract Summary Exhibit "C" Location Map H:\HOME\R8chelle\GEN\DralnsgeI2263-Channe 27IAmc No "lAgepda Memo doc BACKGROUND INFORMATION BlBJECT: Master Channel 27 Drainage Improvements (Project No. 2263) Amendment No. 5 flOJECT DESCRIPTION: The Master Channel 27 Drainage Improvements project is the result of the Cimarron Boulevard Improvements Proiect Phase 1 (Saratoaa to Yorktown). The initiation of the Cimarron project and continued development in the south side resulted in the need to reassess the drainage outfall capacity in that area. Currently only two major storm water channels service this area--the Mary Carroll Channel and Master Channel 31. Both channels are conveying storm water flows beyond their respective capacities, which results in frequent flooding. If developed per the 1961 Plan, Master Channel 27 would service only a small area and it would not alleviate the flooding problems. Therefore, the City of Corpus Christi is proposing the expansion of Master Channel 27. flOJECT SCOPE: Master Channel 27 includes approximately 10,793 linear feet of new major storm water system improvements from Cayo del Oso to Cimarron Boulevard and approximately 4,326 linear feet of new intermediate and minor storm water system improvements, including grass-lined open channels, concrete-bottom channels, concrete- lined channels, and reinforced concrete box conduit. Preliminary design for Master Channel 27 and other improvements was approved by the City Council on January 24, 2006 under Amendment NO.2 to the contract with Maverick Engineering. Amendment No.5 takes the Master Channel 27 Drainage Improvements project to the next phase and includes the following basic and additional services: · Design, Bid and Construction Phase services · Permitting · ROW Acquisition Survey · Topographic Survey · Environmentallssues · Construction Observation Services · Warranty Phase · Hydro-Excavation · Drainage Criteria Technical Guide gaNTRACT SUMMARY: A Contract Summary is included as Exhibit "B." flITURE COUNCIL ACTION: Approval of construction contracts to complete the projects. fIOJECT BACKGROUND: On Tuesday, November 2, 2004, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital il11f)rovements for the community, Bond Issue 2004. The November 2, 2004 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2004 package includes $95 million in projects to be funded from ad vaforem property taxes (a General Obligation Bond Issue) in Street, Public Health and ri IHOMEIRachelle\GEN\DralnageV263-Channe' 27\Amd No ',lAgerlds Background doc Slfety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The Pf1l)posed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. The Cimarron Boulevard Improvements Project consists of the following: ~ Phase 1 from SaratOGa to Yorktown (Proiect No. 6261) - The section of Cimarron Boulevard bound between Saratoga Boulevard & Yorktown Boulevard is currently a rural unimproved two-lane roadway. Cimarron Boulevard Phase 1 improvements will consist of the reconstruction and widening of the existing two-lane roadway to an arterial (A-1) four-lane roadway with a continuous left turn lane, curb & gutter, sidewalks, driveways, storm water improvements, water improvements, wastewater improvements, and the installation of improvements to meet T AS standards as administered thru TDLR. Associated improvements such as pavement markings, traffic signage I traffic control, street lighting and ROW acquisition will be made as required. A new traffic signal will be installed at the intersection of Cimarron Boulevard and Yorktown Boulevard ~ Phase 2 from Yorktown to Bison (Mireles Elementary School) (Proiect No. 6262) _ The section of Cimarron Boulevard bound between Yorktown Boulevard and Bison Drive is currently a rural unimproved two-lane roadway. Cimarron Boulevard Phase 2 improvements will consist of the reconstruction and widening of the existing two-lane roadway to a collector (C-3) four-lane roadway with curb and gutter, sidewalks, driveways, storm water improvements, water improvements, wastewater improvements, the installation of improvements to meet T AS standards as administered thru TDLR. Associated improvements such as pavement markings, traffic signage I traffic control, street lighting and ROW acquisition will be made as required. fflOR COUNCIL ACTION: 1 November 2.2004 - Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects (Resolution No. 026015). 2. November 9. 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi (Ordinance No. 026022). 3. March 29. 2005 - Approval of the FY 2004-2005 Capital Improvement Budget for $178,074,800 (Ordinance 026188). 4. ADri126. 2005 - Ordinance abandoning and vacating a 1,383.35-square foot portion of a 10-foot wide Utility Easement out of Lots 90 and 91, Block 1, Mariposa Subdivision located south of the Yorktown Boulevard and Cimarron Boulevard intersection, in connection with the Cimarron Boulevard Street Improvement Project, Phase 2, from Yorktown to Bison, (BOND ISSUE 2004 PROJECT); and declaring an emergency (Ordinance No. 026234). 5. Mav 10. 2005 - Ordinance appropriating $402,233.80 from the unappropriated interest earnings from Street 2000 CIP Fund 3411 B; and appropriating in Street 2000 CIP Fund 3411 B; appropriating $202,169.13 from Street 2001 CIP Fund 3540 and appropriating in Street 2001 CIP Fund 3540; for the Cimarron Boulevard Improvements Project, H\H~elle\GEN\OrBinageI2263-Channe' 27\Amo No 5\Agenda Background doc Phases 1 & 2; amending capital budget adopted by Ordinance No. 026188 by increasing appropriations by $604,402.93; and declaring an emergency. (Ordinance No. 026247) 6. Mav 10. 2005 - Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with Maverick Engineering in the amount of $1,359,999 for the Cimarron Boulevard Improvements Project: (Motion No. 2005-134) ~ Phase 1 - from Saratoga to Yorktown ~ Phase 2 - from Yorktown to Bison (BOND ISSUE 2004) 7. December 13. 2005 - Motion authorizing the City Manager, or his designee, to execute Amendment NO.1 to the Contract for Professional Services with Maverick Engineering in the amount of $73,912 for a total restated fee of $1.433,911 for the Cimarron Boulevard Improvements Project: (Motion No. 2005-411) ~ Phase 1 - from Saratoga to Yorktown ~ Phase 2 - from Yorktown to Bison For additional design work on Phase 2. (BOND ISSUE 2004) 8. January 24. 2006 - Motion authorizing the City Manager, or his designee, to execute Amendment NO.2 to the Contract for Professional Services with Maverick Engineering in the amount of $412,603 for a total restated fee of $1,846,514 for the Cimarron Boulevard Improvements Project: (Motion No. 2006-013) ~ Phase 1 - from Saratoga to Yorktown ~ Phase 2 - from Yorktown to Bison For additional design work on Phase 1. (BOND ISSUE 2004) 9. Seotember 19.2006 - Ordinance approving the FY 2007 Capital Budget in the amount of 146,994,500. (Ordinance No. 026997) fIIOR ADMINISTRATIVE ACTION: 1. Julv 7. 2004- Administrative approval of a Small AlE Agreement with Pyle and Associates in the amount of $24,290 for the Cimarron Boulevard Improvements Project, Phase 1 from Saratoga to Yorktown. 2. Julv 7. 2004 - Administrative approval of a Small AlE Agreement with Pyle and Associates in the amount of $6,250 for the Cimarron Boulevard Improvements Project, Phase 2 from Yorktown to Bison 3. Auaust 26. 2004 - Distribution of Request for Qualifications (RFQ) No. 2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local). 4. March 25.2005 - Addendum NO.1 to the Request for Qualifications (RFQ) No. 2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local). 5. Aoril13. 2005 - Addendum NO.2 to the Request for Qualifications (RFQ) No. 2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local). 6. Auaust 18. 2006 - Administrative approval of Amendment No. 3 to the Contract for Professional Services with Services with Maverick Engineering in the amount of $20,020 for a total restated fee of $1,866,534 for the Cimarron Boulevard Improvements Project: Phase 1 from Saratoga to Yorktown and Phase 2 from Yorktown to Bison for additional design work on Phase 2. (BOND ISSUE 2004) 7. Seotember 21.2006 Administrative approval of Amendment NO.4 to the Contract for Professional Services with Services with Maverick Engineering in the amount of $19.161 for a total restated fee of $1,885,695 for the Cimarron Boulevard Improvements Project: Phase 1 from Saratoga to Yorktown and Phase 2 from Yorktown to Bison for additional design work on Phase 1. (BOND ISSUE 2004) HIHOME\RachelleIGENlOralnagel2263-Channe. 27IAmc No 5\AgeMa BaCKground doc CONTRACT SUMMARY 1 SCOPE OF PROJECT: Master Channel 27 Drainage Improvements (Project No. 2263) r'project scope includes app'roximately -10,793 linear feet of new major storm water system improvements from Cayo del Oso to Cimarron Boulevard and approximately 4,326 linear feet I of new intermediate and minor storm water system improvements, including grass-lined open channels, concrete-bottom channels, concrete-lined channels, and reinforced concrete box I I conduit. · Design, Bid and Construction Phase services · Permitting · ROW Acquisition Survey · Topographic Survey · Environmental Issues · Construction Observation Services · Warranty Phase l:.. Hydro-Excavation . Drainage Criteria Tech.nical Guide.. ___ 2. SCOPE OF SERVICES The Engineer hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, Engineer will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by the Engineer (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services 3 SCHEDULE 11 Prelminary Phase Submittal Due . ... ---neptember 21, 2006 I 2. Desiln Phase: Authorization to Proceed 3. De . n Phase: Pre-Final Submittal Due 4. Deslln Phase: City Comments /5. De." Phase: 100% Final Submittal Due. 16. BidOpening I 17 Conltruction Phase - NTP .--..- -- -- -- . I L_____^ - ~'---~-"'-"---'-'--,--, "--.--,.-,-- -.,- EXHIBIT "B" Page 1 of 2 HIHOME\R8ttleIIe\GENlDrainagel2263-Channel 271Amd No 5\Contract Summar, doc 4 SUMMARY OF FEES INITIAL CONTRACT Cimal'on Blvd, Phase 1 (Project No. 6261) Basic Services ,=tIeliminary Phase 2 sign Phase 3 Phase 4 nstruction Phase Subtoflll Basic Services Fees AdditiOnal Services 1 Pwtrmitting (Authorized) 2 ROW ACQuisition Survey ! 3 Topographic Survey (Authoriz~___=_ 4 Environmentallssues -. I 5 Construction Observation Services 6 Warranty Phase ! 7 I Hwdro-Excavation (Authorized) Televising Existing Sanitary Sewer Lines : 8 I (Authorized) 9 Dlainage Criteria Technical Guide !Subtotal Additional Services Fees .____ __ W--___""" iTotal Authorized Fee __ _"________ H IHOMElR8IItleIIe\GEN\Drainage\2263-Channel 27\,0.1",,<, No 5\Contrac! SU'nmary doc AMENDMENT NO.5 - MASTER CHANNEL 27 (No. 2263) Street Stonn Water Water Wastewater Total $0.00 $0.00 $0.00 $0.00 $0.00 0.00 662,986.00 0.00 0.00 662,986.00 0.00 17,693.00 0.00 0.00 17,693.00 0.00 53,962.00 0.00 0.00 53,962.00 0.00 734,641.00 0.00 0.00 734,641.00 0.00 48,510.00 0.00 0.00 48,510.00 0.00 13,529.00 0.00 0.00 13,529.00 0.00 33,134.00 0.00 0.00 33,134.00 0.00 17,807.00 0.00 0.00 17,807.00 0.00 214,826.00 0.00 0.00 214,826.00 000 8,284.00 0.00 0.00 8,284.00 0.00 17,566.00 13,175.00 4,392.00 35,133.00 0.00 0.00 0.00 0.00 0.00 000 37,160.00 0.00 0.00 37,160.00 000 390,816.00 13,175.00 4,392.00 408,383.00 $0.00 $1,125,457.00 $13,175.00 $4.392.00 $1,143,024.00 EXHIBIT "B" Page 2 of 2 01 ~ ~ ~ C"l C"l ./' .c ~ 'i) c: ::s <3 ./' U 4> .."., e i --- 6:1 Vl o Q.. o Cl::: Q.. "-. _../' OSO 730 0), 'v'J III a.. ~ >- I- ~~ (,,)~ ~i . o . ..... .... m ~ ~III~ ~I..I ~ t: ~~ II ~~ ~. 1.0 Bi~ .. 0 ~ is: .... 0 :x:!.iJ 0 C'l ;:! (..)~ .. 6 u ~ C'l ~~;;?:: .. I :t Q..!.oJ LI.i 0) ..., 0:::..... C) 0 Ooe ~!4.i U (..)~ a..: ~ >- L...~ ~ t:: Q i! u~~ uffi o ~ ~ ...-. ~~ t-....~ ~;:E -J~ ~O ~~ ~~ fE ~ CI) ~ 20 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 09/26/06 AGENDA ITEM: A. Ordinance authorizing the issuance and sale of City of Corpus Christi, Texas Utility System Revenue Refunding and hnprovement Bonds, Series 2006. in an aggregate principal amount not to exceed $95,000,000. B. Motion authorizing the appointment of M. E. Allison as Financial Advisor; Morgan Stanley as Senior Manager; Morgan Keegan, SAMCO Capital Markets, Inc., and Southwest Securities as Co-Managers; and McCall, Parkhurst. and Horton as Bond Counsel, for City of Corpus Christi, Texas Utility System Revenue Refunding and Improvement Bonds, Series 2006. ISSUE: The City of Corpus Christi utllizes a $75,000,000 Commercial Paper Program as an interim fmancing tool for approved utility system capital projects. Utilizing commercial paper allows the City to begin projects in a timely manner at lower short -term interest rates without having to issue bonds before the projects commence. The City currently has $17,000,000 in commercial paper notes outstanding, which will be refunded with the proceeds of these revenue bonds when receipt is made. The remainder of the proceeds will be used to fund other approved utility projects and refund existing utility debt if the net present value savings is at least 3%. Currently we are projecting a net present value savings of 4%. Additionally. in order to facilitate this bond sale process, the City must appoint a fmancing team. REQUIRED COUNCIL ACTION: Approval is required of the Ordinance authorizing the issuance and sale of City of Corpus Christi, Texas Utility System Revenue Refunding and hnprovement Bonds, Series 2006, in an aggregate principal amount not to exceed $95,000,000. Approval is also required of the motion appointing the fmancing team for the upcoming sale of said bonds. PREVIOUS COUNCIL ACTION: · July 11,2006 - Resolution expressing official intent to reimburse $12,000,000 in costs with respect to the construction of improvements to the City' s Utility System. CONCLUSION AND RECOMMENDATION: City Staff recommends that the City Council approve the Ordinance authorizing the issuance and sale of the above noted bonds and the motion appointing the fmancing team for these bonds. ~,0"~ Cindy 0 , Brien/ Director of Financial Services Attachments: Draft Ordinance DRAFT ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF CITY OF CORPUS CHRISTI, TEXAS UTILITY SYSTEM REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2006, IN AN AGGREGATE PRL~CIPAL AMOUNT NOT TO EXCEED $95,000,000 THE STATE OF TEXA~ COUNTIES OF NUECES AND SAN PATRICK) CITY OF CORPUS CHRISTI WHEREAS, the City of Corpus Christi, Texas (the "City" or the "Issuer"), a "home-rule" city operating under a home-rule charter adopted pursuant to Section 5 of Article XI of the Texas Constitution, with a population according to the latest federal decennial census ofin excess of50,000, has heretofore issued its City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 1990 (the "Series] 990 Bonds"), its Utility System Revenue Bonds, Series 1994 (the "Series 1994 Bonds"), its Utility System Revenue Bonds, Series 1994-A (the "Series 1994-A Bonds"), its Utility System Revenue Bonds, Series 1995 (the "Series 1995 Bonds"), its Utility System Revenue Bonds, Series 1995-A (the "Series 1995-A Bonds"), its City of Corpus Christi, Texas Utility System Revenue Refunding and lmprovement Bonds, Series 1999 (the "Series 1999 Bonds"), its City of Corpus Christi, Texas Utility System Revenue Refunding and Improvement Bonds, Series 1999-A (the "Series 1999-A Bonds"), its City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2000 (the "Series 2000 Bonds"), its City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2000-A (the "Series 2000-A Bonds"), its City of Corpus Christi, Texas Utility System Revenue Refunding and Improvement Bonds, Series 2002 (the "Series 2002 Bonds" I, its City 0 f Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2003 (the "Senes 2003 Bonds" I, it5 City of Corpus ChristI, Texas Utility System Revenue Refunding and Improvement Bonds, Senes 2004 (the "Series 2004 Bonds"), its City of Corpus Christi, Texas Utility System Revenue Refundmg Bonds, Senes 2005 (the "Series 2005 Bonds"), and its City of Corpus ChristL Texas Utility System Revenue Refunding Bonds, Series 2005A (the "Series 2005ABonds"); and WHEREAS, the Series 1990 Bonds, the Series 1994 Bonds, the Series 1994-A Bonds, the Series 1995 Bonds and the Senes ] 995 - A Bonds are no longer outstanding; and WHEREAS, the Series 1999 Bonds, the Series 1999-A Bonds, the Series 2000 Bonds, the Series 2000-A Bonds, the Series 2002 Bonds, the Series 2003 Bonds, the Series 2004 Bonds, the Series 2005 Bonds and the Series 2005A Bonds are sometimes collectively referred to herein as the "Previously issued Prionty Bonds" and WHEREAS, the City has established an interim financing program pursuant to which the City has authorized the issuance of commercial paper notes designated "City of Corpus Christi, Texas Utility System CommerCial Paper Notes, Series B", to be issued from time to time in an aggregate principal amount not to exceed $75,000,000 at anyone time outstanding (the "Series B Commercial Paper Notes"); and ........ WHEREAS, the City deems it appropriate and in its best interest to authorize the issuance of the hereinafter authorized bonds in part for the purpose of refunding $17,000,000 in aggregate principal amount of the outstanding Series B Commercial Paper Notes; and WHEREAS, in addition, the City Council has determined to authorize the refunding of all or a portion of the Previously Issued Parity Bonds described in Schedule I attached to this Ordinance (the "Refundable Bonds") to achieve a debt service savings with respect to the Refundable Bonds; and WHEREAS, m addition, the City deems It appropriate and in its best interest to issue the hereinafter authorized bonds in part for the purpose of extending and improving the City's combined waterworks system, wastewater disposal system and gas system (the "System"); and WHEREAS, in the ordinance authorizing the issuance of the Series 1990 Bonds (the "Base Ordinance"), the City reserved the right to issue revenue bonds on a parity with the Series 1990 Bonds; and WHEREAS, because 0 f fluctuating conditions in the municipal bond market, the City Council has determined to delegate to the City Manager the authority to effect the sale of the bonds hereinafter authorized for the purposes set forth in this Ordinance, subject to the parameters hereinafter described; and WHEREAS, the bonds hereinafter authorized are to be issued and delivered pursuant to the laws of the State of Texas, including specifically Chapters 1207, 1371 and 1502, Texas Government Code, as amended, and the terms of the Base Ordinance and this Ordinance, for the purposes set forth in this Ordinance: and WHEREAS, defined terms used in this Ordinance shall have the meaning given said terms in Section 7 of this Ordinance, unless otherwise indicated herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. BONDS AUTHORIZED. That there shall be authorized to be issued, sold, and delivered hereunder fully registered bonds, without interest coupons (the "Bonds"), numbered consecutively from R-I upward, payable to the respective initial registered owners thereof, or to the registered assignee or assIgnees of the Bonds or any portion or portions thereof, in the denomination of$5,000 or any integral multiple thereof(an "Authorized Denomination"), maturing not later than July ] 5. 2041, payable serially or otherwise on the dates, in the years and in the principal amounts, respectively, and dated, all as set forth in the Purchase Agreement. The Bonds are hereby authorized to be issued for the purpose of (i) refunding $17,000,000 in aggregate principal amount of the outstanding Series B Commercial Paper Notes, (ii) refunding all or a portion of the Refundable Bonds, (iii) financing improvements and extensions to the System, and (iv) paying the costs of issuing -2 the Bonds. The Bonds authorized by this Ordinance to be issued, sold and delivered may not be sold in an aggregate principal amount in excess of $95,000,000. Section 2. SALE. OF BONDS. (a) Negotiated Sale. That the Bonds will be sold through a negotIated sale pursuant to the procedures set forth herein. Morgan Stanley & Co. Incorporated is hereby designated to be the senior managing underwriter for the Bonds. The City Manager, acting for and on behalf of the City, is authorized to enter into and carry out the Purchase Agreement with the lJnderwriters, in substantially the torm attached hereto and made a part hereof for all purposes, with such changes as may be necessary to effect the sale of the Bonds to the Underwriters. The Bonds shall be sold to the Underwriters at such pnce, and subject to such terms and conditions, as set forth in the Purchase Agreement, as shall be determined by the City Manager pursuant to subsectlon (b) below. Tne authonty of the City Manager to execute the Purchase Agreement shall expire if the Purchase Agreement has not been executed by the City and by the Underwriters (acting through therr duly designated representative) by 5:00 p.m., Thursday, November 30, 2006. Any finding or determination made by the City Manager relating to the issuance and sale ofthe Bonds and the execution oftne Purchase Agreement ill connection therewith shall have the same force and effect as a finding or determination made by the City Council. (b) Delegation to City Manager. As authorized by Chapter 1371, Texas Government Code, the City Manager IS hereby appointed, authorized, and designated to act on behalf of the City in selling and delivering the Bonds and carrying out the other procedures specified in this Ordinance, including detennirung and fixing the date of the Bonds, the designation or title by which the Bonds shall be known, the aggregate principal amount of the Bonds, the date of delivery of the Bonds, the principal amount of the Bonds, if any, to be sold to refund all or a portion of the Refunded Commercial Paper Note~, the principal amount of the Bonds, ifany, to be sold to refund all or a portIon of the Refundable Bonds,. the principal amount of the Bonds, if any, to be sold to fund improvements and extensions to the System, the price at which the Bonds will be sold, the years in which the Bonds will mature, the prmcipal amount of Bonds to mature in each of such years, the rate or rates of interest to be home by each such matunty, the interest payment periods, the dates, price, and terms upon and at which the Bonds shall be subject to redemption prior to maturity at the option of the City, as well as any mandatory sinking fund redemption provisions, and all other matters relating to the issuance, sale, and delivery ofthe Bonds, and the refunding ofthe Refunded Bonds and the Refunded Commercial Paper Notes, including, without limitation, obtaining a municipal bond insurance policy and a debt service reserve fund surety bond in support ofthe Bonds, all of which shall be specified ill the Purchase Agreement; provided, that (i) the price to be paid for the Bonds shall not less than 95% of the aggregate original principal amount thereof, plus accrued interest thereon from the date of their delivery, and (ii) none of the Bonds shall bear interest at a rate greater than 10% per annum. (c) Official Statement. The City Manager and the Director of Financial Services are authorized and dIrected to provide for and oversee the preparation of a final official statement in connection with the issuance of the Bonds, and to approve such fmal official statement and deem the preliminary official statement prepared in connection with the sale of the Bonds final in compliance with the Rule and to provide it to the Underwriters of the Bonds in compliance with the Rule. The .......---,....,.. use of the preliminary official statement prepared in connection with the sale of the Bonds is hereby approved. Section 3. REDEMPTION OF THE BONDS. (a) Redemption. That to the extent so provided for in the Purchase Agreement, the Bonds may be subject to redemption prior to their scheduled maturities. Should the Purchase Agreement provide for the redemption ofthe Bonds prior to therr scheduled maturitles at the option of the City, ifless than all of the Bonds are to be redeemed by the City, the City shall determine the maturity or maturities and the amounts thereof to be redeemed and shall direct the Paying Agent/Registrar to call by lot Bonds, or portions thereof: within such maturity or maturities and in such principal amounts, for redemption; provided, that during any period in which ownership of the Bonds is determined only by a book entry at a securities depository ror the Bonds, if fewer than all of the Bonds of the same maturity and bearing the same interest rate are to be redeemed, the particular Bonds of such maturity and bearing such interest rate shall be selected m accordance with the arrangements between the City and the securities depository. Should the Purchase Agreement provide for the mandatory sinking fund redemption of Bonds, the terms and conditions goverrung any such mandatory sinking fund redemption and the payment of Amortization Installments relating thereto shall be as set forth in the Purchase Agreement. (b) Notice to Registered Owners. Notice of any such redemption of Bonds shall be given in the following manner: (i) a written notice of such redemption shall be given to the registered owner of each Bond or a portion thereof being called for redemption not more than 60 days nor less than 30 days prior to the date fixed for such redemption by depositing such notice in the United States mail, first-class postage prepaid, addressed to each such registered owner at his address shown on the Registration Books (hereinafter defined) of the Paying Agent/Registrar and (ii) a notice of such redemptIon shall be published one time, at least 30 days prior to the date fixed for such redemption, in a journal or publication of general circulation in the United States of America or the State of Texas which carries as a regular feature notices ofredemption ofmunicipal bonds; provided, however, that the failure to send, mail, or receive such notice described in clause (i) above, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Bond, as publication of notice as described in clause (ii) above shall be the only notice actually required in connection with or as a prerequisite to the redemption of any Bonds. By the date fixed for any such redemption due provision shall be made by the City with the Paying Agent/Registrar for the payment of the required redemption price for the Bonds or the portions thereofwhich are to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such notice of redemption is given, and if due provision for such payment is made, all as provided above.. the Bonds, or the portions thereof which are to be so redeemed, thereby automatically shall be redeemed prior to their scheduled maturities, and shall not bear interest after the date fixed for their redemptIon, and shall not be regarded as being outstanding except for the right ofthe registered owner to receive the redemption price plus accrued interest to the date fixed for redemption from the Paying Agent/RegIstrar out of the funds provided for such payment. The Paying Agent/Registrar shall record in the Registration Books all such redemptions of principal ofthe Bonds or any portion thereof: If a portion of any Bond shall be redeemed, a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in any Authorized Denomination at the written request of the registered owner, and in an aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, -4- at the expense ofthe City, all as provided in this Ordinance. The maturities of Bonds to be called for redemption shall be detennined by the City. The Bonds or portions to be redeemed within each such maturity shall be selected by lot or other customary random method selected by the Paying Agent/Registrar (provided that a portIOn of a Bond may be redeemed only in an integral multiple of $5,000). The City shall give written notice to the Paying Agent/Registrar of any such redemption of Bonds at least 60 calendar days (or such shorter period as is acceptable to the Paying Agent/Regis- trar) pnor to such redemption. Ic) Additional Notice. (i) In addition to the manner of providing notice of redemption of Bonds as set forth above, the Paying Agent/Registrar shall give notice of redemption of Bonds by either United States mail, first-class postage prepaid, or electronic mai~ at least 30 days prior to a redemption date to each NRMSIR and the SID. In addition, in the event of a redemption caused by an advance refunding 0 f the Bonds, the Paying Agent/Registrar shall send a second notice of redemption to the persons specified in the immediately preceding sentence at least 30 days but not more than 90 days prior to the actual redemption date. Any notice sent to each NRMSIR and the SID shall be sent so that they are received at least two days prior to the general mailing or publication date of such notice. The Paying Agent/Registrar shall also send a notice of prepayment or redemption to the owner .)fany Bond who has not sent the Bonds in for redemption 60 days after the redemption date (ii) Each redemption notice, whether requIred in the FORM OF BOND or otherwise by this Ordinance, shall contain a description of the Bonds to be redeemed including the complete name of the Bonds, the series, the date of issue, the interest rate, the maturity date, the CUSIP number, if any, the amounts called of for redemption, the publication and mailing date for the notice, the date of redemption, the redemptlOn price, the name ofthe Paying Agent/Registrar and the address at which the Bond may be redeemed including a contact person and telephone number. (iii) All redemption payments made by the Paying Agent/Registrar to the registered owners of the Bonds shall include a CUSIP number relating to each amount paid to such registered owner. Section 4. INTEREST. That the Bonds shall bear interest calculated on the basis ofa 360- day year composed of twelve 30-day months from the dates specified in the FORM OF BOND to their respective dates of maturity at the rates set forth in the Purchase Agreement. Interest on the Bonds shall be payable on the dates as set forth in the Purchase Agreement, until the maturity or prior redemption of the Bonds SectIon 5 CHARACTERISTICS OF THE BONDS. (a) Registration, Transfer, Conversion and Exchange; Authentication. That the City shall keep or cause to be kept at the designated trust office in Dallas, Texas (the "Designated Trust Office") of The Bank of New York Trust Company, N.A. (the "Paying Agent/Registrar") books or records for the registration of the transfer. conversion and exchange of the Bonds (the "Registration Books"), and the City hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such registrations of transfers, conversions and exchanges under such reasonable regula- tions as the City and the Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such registrations, transfers, conversions and exchanges as herein provided. The execution of " a "Paying Agent/Registrar Agreement", in substantially the form attached to this Ordinance, is hereby authorized. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Bond to which payments with respect to the Bonds shall be mailed, as herein provided; but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The City shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. The City shall pay the Paymg Agent/Registrar's standard or customary fees and charges for making such registration, transfer. conversion, exchange and delivery of a substitute Bond or Bonds. Registration of assignments, transfers, conversions and exchanges of Bonds shall be made in the manner provided and with the effect stated in the FORM OF BOND. Each substitute Bond shall bear a letter andlor number to distingUIsh it from each other Bond. Each Bond may be exchanged for fully registered bonds in the manner set forth herein. Each Bond issued and delivered pursuant to this Ordinance, to the extent of the unredeemed principal amount thereof, may, upon surrender thereof at the Designated Trust Office of the Paying Agent/Registrar, together with a written request therefor duly executed by the registered owner or the assignee or assignees thereof, or its or their duly authorized attorneys or representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, at the option of the registered owner or such assignee or assignees, as appropriate, be exchanged for fully registered bonds, without interest coupons, m the form prescribed in the FORM OF BOND, in any Authorized Denomination (subject to the requirement hereinafter stated that each substitute bond shall have a single stated maturity date), as requested in writing by such registered owner or such assignee or assignees, in an aggregate principal amount equal to the unredeemed principal amount ofany Bond or Bonds so sur- rendered, and payable to the appropriate registered owner, assignee, or assignees, as the case may be. I f a portion of any Bond shall be redeemed prior to its scheduled maturity as provided herein, a substitute bond or bonds having the same maturity date, bearing interest at the same rate, in any Authorized Denomination at the request of the registered owner, and in an aggregate principal amount equal to the unredeemed portIon thereof, will be issued to the registered owner upon sur- render thereoffor cancellation. Ifany Bond or portion thereofis assigned and transferred, each Bond issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Bond tor which it is being exchanged. Each substitute bond shall bear a letter andlor number to distinguish it from each other bond. The Paying Agent/Registrar shall exchange or replace Bonds as provided herein, and each fully registered substitute bond or bonds delivered in exchange for or replacement of any Bond or portion thereof as permitted or required by any provision ofthis Ordinance shall constitute one of the Bonds for all purposes of this Ordinance, and may again be exchanged or replaced. It is specifically provided, however, that any Bond delivered in exchange for or replacement of another Bond prior to the first scheduled interest payment date on the Bonds (as stated on the face thereof) shall be dated the same date as such Bond, but each substitute bond so delivered on or after such first scheduled interest payment date shall be dated as of the interest payment date preceding the date on which such substitute bond is delivered, unless such substitute bond IS delivered on an interest payment date, in which case it shall be dated as of such date of delivery; provided, however, that if at the time of delivery of any substitute bond the interest on the -6- bond for which it IS being exchanged has not been paid, then such substitute bond shall be dated as of the date to which such interest has been paid in full. On each substitute bond issued in exchange for or replacement of any Bond or Bonds issued under this Ordinance there shall be printed thereon a Paying Agent/Registrar's Authentication Certificate, in the form set forth in the FORM OF BOND (the "Authentication Certificate"). An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Bond, date and manually sign the Authentication Certificate, and no such Bond shall be deemed to be issued or outstanding unless the Authentication Certificate is so ex- ecuted. The Paying Agent/Registrar promptly shall cancel all paid Bonds and Bonds surrendered for conversion and exchange. No additional ordinances, orders, or resolutions need be passed or adopted by the governing body of the City or any other body or person so as to accomplish the foregoing converSlOn and exchange of any Bond or portion thereof, and the Paying Agent/Registrar shall provide for the prmting, execution, and delivery 0 f the substitute Bonds in the manner prescribed herein Pursuant to Chapter 1206, Texas Government Code, the duty of conversion and exchange of Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of the AuthenticatlOn Certificate. the converted and exchanged Bond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Bonds which initially were issued and delivered pursuant to this Ordinance. approved by the Attorney General, and registered by the Comptroller of Public Accounts. (b) Payment of Bonds and Interest. The City hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of, premium, ifany, and interest on the Bonds, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the City and the Paying Agent/Registrar with respect to the Bonds. (c) In General. The Bonds (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Bonds to be payable only to the registered owners thereo f, (ii) may be redeemed prior to their scheduled maturities, (iii) may be transferred and assigned, (iv) may be converted and exchanged for other Bonds, (v) shall have the characteristics, (vi) shall be signed, sealed, executed and authenticated, (vii) the principal of and interest on which shall be pay- able, and (viii) shall be administered and the Paying Agent/Registrar and the City shall have certain duties and responsibilities with respect to the Bonds, all as provided, and in the manner and to the effect as required or indicated, in the FORM OF BOND. The Bonds initially issued and delivered pursuant to this Ordinance are not required to be. and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Bond issued in conversion of and exchange for any Bond or Bonds issued under this Ordinance the Paying Agent/Registrar shall execute the Authentication Certificate. (d) Substitute Paying Agent/Registrar. The City covenants with the registered owners of the Bonds that at all times while the Bonds are outstanding a competent and legally qualified entity shall act as and perform the services of Paying Agent/Registrar for the Bonds under this Ordinance, and that the Paying Agent/Registrar will be one entity. Such entity may be the City, to the extent permitted by law, or a bank, trust company, financial institution, or other agency, as selected by the City. The City reserves the right to. and may, at its option, change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the City covenants that promptly it will appomt a competent and legally qualified entity to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Bonds, to the new Paying Agent/Registrar designated and appomted by the City. Upon any change in the Paying Agent/Registrar, the City promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner ofthe Bonds, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delIvered to each Paying Agent/Registrar. ( e) Book Entry Only System. The Bonds issued in exchange for the Bonds initially issued to the purchaser specified herein shall be initially issued in the form of a separate single fully registered Bond for each of the maturities thereof. Upon initial issuance, the ownership of each such Bond shall be registered in the name of Cede & Co.. as nominee of The Depository Trust Company of New York ("DTC"), and except as provided in subsection (f) hereof, all of the outstanding Bonds shall be registered m the name of Cede & Co., as nominee ofOTe. With respect to Bonds registered in the name of Cede & Co., as nominee ofDTC, the Issuer and the Paying Agent/RegIstrar shall have no responsibility or obligation to any securities brokers and dealers, banks, trust companies, clearing corporations and certain other organizations on whose behalf DTC was created ("OTC Participant") to hold securities to facilitate the clearance and settlement of securItIes transactions among OTC Participants or to any person on behalf of whom such a DTC Participant holds an interest in the Bonds. Without limiting the immediately preceding sentence, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records ofDTC, Cede & Co. or any DTC Participant with respect to any ownership interest ill the Bonds, (n) the delivery to any DTC Participant or any other person, other than a registered owner of Bonds, as shown on the Registration Books, of any notice with respect to the Bonds, or (iii) the payment to any OTC Participant or any other person, other than a registered owner of Bonds, as shown in the Registration Books of any amount with respect to principal of or interest on the Bonds. Notwithstanding any other provision of this Ordinance to the contrary, the Issuer and the Paying Agent/Registrar shall be entitled to treat and consider the person in whose name each Bond is registered in the Registration Books as the absolute owner of such Bond for the purpose of payment of principal and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all other purposes whatsoever. The Paying Agent/Registrar shall pay all principal of and interest on the Bonds only to or upon the order of the registered owners, as shown in the Registration Books as provided in thIS Ordinance, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfY and discharge the Issuer's obligations with respect to payment of principal ofand interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner, as shown in the Registration Books, shall receive a Bond evidencmg the obligation of the Issuer to make payments ofprincipal and interest pursuant to this Ordinance. Upon delivery by OTC to the Paying Agent/Registrar of written notice to the effect that DTC has detennmed to substitute a new nominee in place of Cede & Co., -8- and subject to the provisIons m this Ordinance with respect to interest checks being mailed to the registered owner at the close of business on the Record Date, the words "Cede & Co." in this Ordinance shall refer to such new nominee of DTC (f) Successor Securities Depository. In the event that the Issuer determines that DTC is incapable of discharging its responsibilities descnbed herein and in the representation letter of the Issuer to DTC OJ that it IS in the best mterest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the Issuer shall (i) appoint a successor securities depository, qualified to act as such under Section 17(a) ofthe Securities and Exchange Act of 1934, as amended, notify DTC and DTe Participants of the appointment of such successor securities depository and transfer one or more separate Bonds to such successor securities depository or (ii) notify DTC and DTC PartIcipants of the availability through DTC of Bonds and transfer one or more separate Bonds to DTC PartiCipants having Bonds credited to their DTC accounts. In such event, the Bonds shall no longer be restricted to being regIstered in the Registration Books irl the name of Cede & Co., as nominee of DTe. but may be registered in the name of the successor securities depository, or its nominee, or in whatever name or names registered owners transferring or exchanging Bonds shall designate, in accordance with the provisions of this Ordinance. (h)DTC Letter of Representations. Notwithstanding any other provision ofthis Ordinance to the contrary. so long as any Bond is registered in the name of Cede & Co., as nominee ofDTC, all payments with respect to principal of and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, m the manner provided in the representation letter of the Issuer to DTe Section 6. FORM OF BONDS. That the form of all Bonds, including the form of the Authentication Certificate, the form of Assignment, and the form of the Comptroller's Registration Certificate to be attached only to the Bonds irritially issued and delivered pursuant to this Ordinance, shall be, respectively, substantially in the form attached hereto as Exhibit A, with such appropriate vanations, omiSSIons, or insertions as are permitted or required by this Ordinance. Section 7 DEFINITIONS. That, as used irl this Ordinance, the following terms shall have the meanings set forth below. unless the text hereof specifically indicates otherwise: The term "Account" shall mean any account created, established and maintained under the terms of any ordmance authorizing the Issuance of Priority Bonds. The term "Accountant" shall mean a nationally recognized independent certified public accountant or an independent firm of certified public accountants. The term "Additional Priority Bonds" shall mean the additional revenue bonds which the City reserves the right to Issue in the future on a parity with the Previously Issued Priority Bonds and the Bonds. as provided in this Ordinance. The term "Amortization installment" shall mean the amount of money which is required to be deposited into the Mandatory Redemption Account for retirement of Term Bonds (whether at maturity or by mandatory redemption and including redemption premium, if any). The term Authorized Denomination" shall mean $5,000 or any integral multiple thereof. The term "Average Annual Principal and Interest Requirements" shall mean that amount equal to the average annual principal and interest requirements (including Amortization Installments) of all Priority Bonds outstanding. With respect to Additional Priority Bonds that bear interest at a rate which is not established at the time of issuance at a single numerical rate for each maturity of such series, Average Annual Principal and Interest Requirements shall be calculated by (i) assuming that the interest rate for every 12-month period on such bonds is equal to 9.20% or (ii) using the highest numerical rate borne over the preceding 24 month period by such bonds, whichever is greater; provided, that if such bonds have not borne interest at a variable rate for such 24 month period, such rate shall be assumed to be 9.20% until such time as bonds have been outstanding for a 24 month period. In making such determinations, it shall be assumed that the principal of such bonds is amor- tized such that annual debt service is substantially level over the remaining stated life of such bonds. The term "Base Ordinance" shall mean the ordinance authorizing the issuance of the Series 1990 Bonds The term "Bonds" shall mean the Series 2006 Bonds. The term "Capital Additions" shall mean a reservoir or other water storage facilities, a wastewater treatment plant or an interest therein, a gas distribution system or an interest therein and associated transmission facilities with respect to each and any combination thereof, which shall become a part of the System. The term "Capita/Improvements" shall mean any capital extensions, improvements and betterments to the System other than Capital Additions. The term "Capitalized Interest Account" shall mean the Account by that name which may be created within the Debt Service Fund, The terms "City" and "Issuer" shall mean the City of Corpus Christi, Texas. The term" Code" shall mean the Internal Revenue Code of 1986, and any amendments thereto. The term "Construction Fund" shall mean the fund so designated in Section 13 of this Ordinance. The term "Credit Facility" shall mean a policy of municipal bond insurance, a surety bond or a letter or line of credit Issued by a Credit Facility Provider in support of any Priority Bonds or Subordinate Lien Bonds. The term "CrediT Facility Provider" shall mean (i) with respect to any Credit Facility consisting of a policy of municipal bond insurance or a surety bond, an issuer of policies ofinsurance insuring the timely payment of debt service on governmental obligations such as the Priority Bonds, -10 provIded that a Rating Agency having an outstanding rating on the Priority Bonds would rate the Priority Bonds fully insured by a standard policy issued by the issuer in its highest generic rating category for such obligations; and (ii) with respect to any Credit Facility consisting of a letter or line of credit, any financial institution, provided that a Rating Agency having an outstanding rating on the Priority Bonds would rate the Priority Bonds in its two highest generic rating categories for such obligations if the letter or line 0 f credit proposed to be issued by such fmancial institution secured the timely payment of the entIre principal amount ofthe series ofPriority Bonds and the interest thereon. The term 'Debt Service Fund" shall have the meaning given such term in Section 10 of this Ordinance, The term "DTC' shall have the meaning given such term in Section 5 to this Ordinance. fhe term "Eligible Investments" shall mean those investments in which the City is authorized by law, mcluding, but not iirnited to, the Public Funds Investment Act of 1987 (Chapter 2256, Texas Government Code). as amended, to purchase, sell and invest its funds and funds under its control; and provided further that Eligible Investments shall specifically include, with respect to the investment of proceeds of any Priority Bonds, guaranteed investment contracts fully collateralized by Government Obligations. The term "Engineer of Record" shall mean the independent engineer or firm at the time employed by the City to perform and carry out the duties imposed on such engineer or firm by this Ordinance and havmg a favorable reputation nationally for skill and experience in the engineering of water. sanitary sewer and or gas systems of comparable size and character as those forming parts of the System. The term" Escro'v\. Agreement" shall mean the Escrow Agreement between the City and the escrow agent named therem, executed and delivered in connection with the refunding ofthe Refunded Bonds The term" Fund" shall mean any fund created, established and maintained under the terms of any ordinance authorizing the issuance of Priority Bonds. The term "Government Obligations" shall mean direct obligations of the United States of Amenca, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America. The term "Gross Revenues" shall mean all revenues, income, and receipts derived or received by the City from the operation and ownership of the System, including the interest income from the investment or deposit of money in any Fund created by this Ordinance or maintained by the City in connection with the System, other than those amounts subject to payment to the United States of America as rebate pursuant to section 148 of the Code. The term "MAC' shall mean the Municipal Advisory Council of Texas. j 1 -, The term "Mandatory Redemption Account" shall mean the Account by that name within the Debt Service Fund and established by an ordinance authorizing the issuance of Priority Bonds. The term "A1SRB" shall mean the Municipal Securities Rulemaking Board. [he terms "Net Revenues of the System" and "Net Revenues" shall mean all Gross Revenues less Operating Expenses The term "NRMSIR" shall mean each person whom the SEC or its staffhas determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time The term "Operating Expenses" shall mean the expenses of operation and maintenance of the System, including all salaries, labor, materials, repairs, and extensions necessary to render efficient service, provided, however, that only such repairs and extensions, as in the judgment of the City, reasonably and fairly exercised by the passage of appropriate ordinances, are necessary to render adequate service, or such as might be necessary to meet some physical accident or condition which would otherwise impair any Priority Bonds. Operating Expenses shall include the purchase of water, sewer and gas services as received from other entities and the expenses related thereto, and, to the extent permitted by law. Operating Expenses may include payments made on or in respect of obtaining and maintaining any Credit Facility. Depreciation, and payments from the System Fund to other funds established in this Ordinance, shall never be considered as expenses of operation and maintenance The term "Paying Agent/Registrar" shall mean the fmancial institution specified in Section 5(a) of this Ordinance, or its herein permitted successors and assigns. The term "Pledged Revenues" shall mean ( 1 the Net Revenues, plus (2 any additional revenues, income, receipts, or other resources, including, without limitation, any grants, donations, or income received or to be received from the United States Government, or any other public or private source, whether pursuant to an agreement or otherwise. which hereafter are pledged to the payment of the Priority Bonds. The term "Previously Issued Priority Bonds" shall have the meaning given said term in the preamble to this Ordinance. The term "Priority Bonds" shall mean the Previously Issued Priority Bonds, the Bonds and any Additional Pnority Bonds. The term "Prudent Utility Practice" shall mean any of the practices, methods and acts, in the exercise of reasonable judgment, in the light of the facts, including but not limited to the practices, -12 methods and acts engaged in or approved by a significant portion of the public utility industry prior thereto, known at the time the decision was made, would have been expected to accomplish the desired result at the lowest reasonable cost consistent with reliability, safety and expedition. It is recogruzed that Prudent l Jtility Practice is not intended to be limited to the optimum practice, method or act at the exclusion 0 f all others, but rather is a spectrum of possible practices, methods or acts which could have been expected to accomplish the desired result at the lowest reasonable cost consIstent with reliability, safety and expedition. In the case of any facility included in the System which IS owned in common with one or more other entities, the term "Prudent Utility Practice", as applied to such facility, shall have the meaning set forth in the agreement governing the operation of such facility The term" Purchase Agreement" shall mean the bond purchase contract between the City and the Underwriters pertainmg to the purchase of the Bonds by the Underwriters. The term" Rating Agency" shall mean any nationally reco gnized securities rating agency which has assigned a rating to the Priority Bonds. The term "Refundable Bonds" shall mean those bonds identified in Schedule I attached to this Ordirlance that are eligible to be refunded in accordance with Section 36(b) of this Ordinance. The term "Refunded Bonds" shall mean those Refundable Bonds selected by the City Manager to be refunded wlth the proceeds of the Bonds, as identified in the Purchase Agreement. The term 'Refunded CommerCIal Paper Notes" shall mean those Series B Commercial Paper Notes identified in the letter of instructions executed pursuant to Section 36(a) of this Ordinance. fhe term "Requl"ed Amount" shall have the meaning given such term in Section 11 of this Ordmance. The term "Reserve Fund" shall have the meaning given such term in Section 11 of this Ordmance. The term "Reserve Fund Obligations" shall mean cash, Eligible Investments, any Credit Facility, or any combination of the foregoing. The term ., Rule" .,haIl mean S EC Rule 15c2-12, as amended from time to time. The term "SEC' ,hall mean the United States Securities and Exchange Commission. The term "Series 1990 Bonds" shall mean the $64,660,000 City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 1990, authorized by the ordinance adopted by the City on November 15,1990; the term "Series 1999 Bonds" shall mean the $47,740,000 City of Corpus Christi, Texas Utility System Revenue Refunding and Improvement Bonds Series 1999, authorized by the ordinance adopted by the City on May 11, ] 999; the term "Series 1999-A Bonds" .\ -- shall mean the $15,750,000 City of Corpus Christi, Texas Utility System Revenue Refunding and Improvement Bonds, Series I 999-A, authorized by the ordinance adopted by the City on April 20, 1999: the term "Series 2000 Bonds" shall mean the $34,740,000 City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2000, authorized by the ordinance adopted by the City on May I ]. 1999; the term "Series 2000-A Bonds" shall mean the $42,520,000 City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2000- A, authorized by the ordinance adopted by the City on September 19, 2000; the term "Senes 2002 Bonds" shall mean the $92,330,000 City of Corpus Christl. Texas Utility System Revenue Refunding and Improvement Bonds, Series 2002, authorized by the ordinance adopted by the City on August 20, 2002; the term "Series 2003 Bonds" shall mean the $28,870,000 City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2003, authorized by the ordinance adopted by the City on March 25,2003; the term "Series 2004 Bonds" shall mean the $50,000,000 City of Corpus Christi, Texas Utility System Revenue Refunding and Improvement Bonds, Series 2004, authorized by the ordinance adopted by the City on July 13,2004; the term "Series 2005 Bonds" shall mean the $70,390,000 City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2005, authorized by the ordinance adopted by the City on December 21, 2004; and the term "Series 2005A Bonds" shall mean the $68,325,000 City of Corpus Christi, Texas Utility System Revenue Bonds, Series 2005A, authorized by the ordinance adopted by the City on August 30, 200.". The term "Series 2006 Bonds" shall mean the bonds authorized to be sold pursuant to the terms of this Ordmance. The term "SID" shall mean any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meanmg of the Rule from time to time. The MAC currently acts as the SID for the State of Texas. The term "Subordinated Obligations" shall mean any bonds, notes, or other obligations issued pursuant to law payable in whole or in part from the Pledged Revenues and subordinate to the Priority Bonds. The term "System" shall mean and include the City's existing combined waterworks system, wastewater disposal system and gas system, together with all future extensions, improvements, enlargements, and additions thereto, including, to the extent permitted by law, storm sewer and drainage within the waterworks system, and all replacements thereof; provided that, notwithstanding the foregoing, and to the extent now or hereafter authorized or permitted by law, the term System shall not include any waterworks, wastewater or gas facilities which are declared by the City not to be a part ofthe System and which are hereafter acquired or constructed by the City with the proceeds from the issuance of "Special Facilities Bonds", which are hereby defined as being special revenue obligations of the City which are not secured by or payable from the Pledged Revenues, but which are secured by and payable solely from special contract revenues, or payments received from the City or any other legal entity, or any combination thereof, in connection with such facilities; and such revenues or payments shall not be considered as or constitute Gross Revenues ofthe System, unless and to the extent otherwise provided in the ordinance or ordinances authorizing the issuance of such "SpeCIal Facllities Bonds' .14 The term "System Fund" shall have the meaning given such term in Section 9 of this Ordinance. The term "Term Bonds" shall mean those Bonds, if any, so designated in the Purchase Agreement and those Additional Priority Bonds designated by the ordinance authorizing the issuance thereofwhich shall be subject to retirement of the Mandatory Redemption Account The term" Underwriters" shall mean the investment banking fIrm or syndicate of investment banking finns which contract to purchase the Bonds in accordance with the terms and conditions of the Purchase Agreement The term" Value of Investment Securities" and words oflike import shall mean the amortized value thereof, provided, however, that all United States of America, United States Treasury Obligations--State and Local Government Series shall be valued at par and those obligations which are redeemable at the option of the holder shall be valued at the price at which such obligations are then redeemable. The computations made under this paragraph shall include accrued interest on the investment secuntIes paid as a pan of the purchase price thereofand not collected. For the purposes of this defirution "amortized value' when used with respect to a security purchased at par means the purchase pnce of such security. The term" Year" shall mean the regular fIscal year used by the City in connection with the operation ofthe System, which may be any twelve consecutive months period established by the City. Sectlon 8. PLEDGE. (a) Pledged Revenues. That the Priority Bonds are and shall be secured by and payable from a fIrst lien on and pledge of the Pledged Revenues including such revenues within the System Fund and the Funds hereinafter created in this Ordinance; and the Pledged Revenues are further pledged to the establishment and maintenance of the Debt Service Fund and the Reserve Fund as hereinafter provIded. The Priority Bonds are and will be secured by and payable only from the Pledged Revenues, and are not secured by or payable from a mortgage or deed oftrust on any properties. whether real, personal, or mixed, constituting the System. (b) Security Interest. Chapter] 208, Texas Government Code, applies to the issuance ofthe Bonds and the pledge of the Pledged Revenues granted by the City under subsection (a) of this Section, and such pledge is therefore valid, effective, and perfected. If Texas law is amended at any time while the Bonds are outstanding and unpaid such that the pledge of the Pledged Revenues granted by the City is to be subject to the filing requirements of Chapter 9, Texas Business & Commerce Code. then in order to preserve to the registered owners of the Bonds the perfection of the security interest in said pledge, the City agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9, Texas Business & Commerce Code and enable a filing to perfect the security interest in said pledge to occur. -I ~ Section 9. SYSTEM FUND. That there has heretofore been created and established and there shall be maintained on the books of the City, and accounted for separate and apart from all other funds of the City, a special fund entitled the "City of Corpus Christi Utility System Fund" (the "System Fund"). All Gross Revenues shall be credited to the System Fund immediately upon receipt. All Operating Expenses shall be paid from such Gross Revenues credited to the System Fund as a ftrst charge against same. Section 10. DEBT SERVICE FUND. (a) Debt Service Fund Established. That for the sole purpose of paying the principal amount of, premium, if any, Amortization Installments, if any, and interest on all Priority Bonds, there has heretofore been created and established and there shall be maintained on the books of the City a separate fund entitled the "City of Corpus Christi Utility System Revenue Bonds Debt Service Fund" (hereinafter called the "Debt Service Fund"). Monies in the Debt Service Fund shall be deposited and mamtained in an official depository bank ofthe City. (b) Capitalized Interest Account. That within the Debt Service Fund there may hereafter be established a CapItalized Interest Account. The proceeds of Priority Bonds representing capitalized interest may be deposited into the Capitalized Interest Account. On or before the day next preceding any interest payment date of bonds or other obligations for which any interest has been capitalized, the City shall use the momes in the Capitalized Interest Account to pay such interest on such bonds or other obligations to the extent of the amounts therein representing such capitalized interest. ! c) l~landatory Redemption Account. That within the Debt Service Fund there has heretofore been established the Mandatory Redemption Account. Amortization Installments shall be deposited to the credit of the Mandatory Redemption Account and be used to retire the principal amount of Term Bonds in the manner described in any ordinance authorizing the issuance of Term Bonds Section 1 J. RESERVE FUND. (a) Reserve Fund Established. That there has heretofore been created and established and there shall be maintained on the books of the City a separate fund entitled the "City of Corpus Christi Utility System Revenue Bonds Reserve Fund" (hereinafter called the "Reserve Fund"). There shall be deposited into the Reserve Fund any Reserve Fund Obligations so designated by the City. Reserve Fund Obligations in the Reserve Fund shall be deposited and maintained in an official depository bank of the City. Reserve Fund Obligations in the Reserve Fund shall be used solely for the purpose of retiring the last of any Priority Bonds as they become due or paying principal ofand interest on any Priority Bonds when and to the extent the amounts in the Debt Service Fund are msufficlent for such purpose. The Reserve Fund shall be maintained in an amount equal to the Average Annual Principal and Interest Requirements of the outstanding Priority Bonds (the "Required Amount"! The City may, at its option, withdraw and transfer to the System Fund, all surplus in the Reserve Fund over the Required Amount. I b) Credit Facility. The City may replace or substitute a Credit Facility for cash or Eligible Investments on deposit m the Reserve Fund or in substitution for or replacement of any existing Credit Facility. Upon such replacement or substitution, cash or Eligible Investments on deposit in the Reserve Fund which, taken together with the face amount of any existing Credit Facilities, are in -I t excess of the RequITed Amount may be withdrawn by the City, at its option, and transferred to the System Fund; provided that the face amount of any Credit Facility may be reduced at the option of the City in lieu of such transfer. (c) Withdrawals. I fthe City is required to make a withdrawal from the Reserve Fund for any of the purposes described 10 this Section, the City shall promptly notifY any applicable Credit Facility Provider of the necessity for a withdrawal from the Reserve Fund for any such purposes, and shall make such withdrawal FIRST from available moneys or Eligible Investments then on deposit in the Reserve Fund, and NEXT from a drawmg under any Credit Facility to the extent of such deficiency. (d) DefICiencies. j n the event of a deficiency in the Reserve Fund, or in the event that on the date ofterrnination or expiration of any Credit Facility there is not on deposit in the Reserve Fund suffiCient Reserve Fund Obligations, all in an aggregate amount at least equal to the Required Amount. then the City shall satisfy the RequITed Amount by depositing Reserve Fund Obligations into the Reserve Fund ill monthly installments of not less than 1/60 of the Required Amount made on or before the 10th day of each month following such termination or expiration. (e) Redemption; Defeasance. In the event of the redemption or defeasance of any Priority Bonds, any Reserve Fund Obligations on deposit in the Reserve Fund in excess of the Required Amount may be Withdrawn and transferred, at the option of the City, to the System Fund, as a result of (i) the redemption of any Priority Bonds, or (ii) funds for the payment of any Priority Bonds having been deposited irrevocably with the paying agent or place of payment therefor in the manner described in any ordmance authorizing the issuance of Priority Bonds, the result of such deposit being that such Priority Bonds no longer are deemed to be outstanding under the terms of any such ordinance ( f) Reimbursement of Credit Facility Provider. In the event there is a draw upon the Credit Facility, the City shall reimburse the Credit Facility Provider for such draw, in accordance with the terms of any agreement pursuant to which the Credit Facility is issued, from Pledged Revenues, however, such reimbursement from Pledged Revenues shall be subordinate and junior in right of payment to the payment ofprincipal of and premium, ifany, and interest on the Priority Bonds. (g) Additional Priority Bonds. Upon the issuance of Additional Priority Bonds the monies in the Reserve Fund shall be increased to the newly-established Required Amount in accordance with the provisions of Section 20(b) of this Ordinance. Section 12 SUBORDINA TED OBLIGATIONS FUNDS AND ACCOUNTS. That the City hereafter may create, establish and maintain on the books of the City separate funds and accounts from which moneys can be withdrawn to pay the principal of and interest on Subordinated Obligations which hereafter may be Issued. Section 13. CONSTRUCTION FUND. That the City hereby creates and establishes and shall maintain on the books of the City a separate fund to be entitled the "Series 2006 Utility System R.evenue Bonds Construction Fund" (the "Construction Fund") for use by the City for payment of all _17 lawful costs assocIated with the acquisition, improvement and extension ofthe System as hereinbefore provIded. There shall be deposited to the Construction Fund those proceeds from the sale of the Bonds specified in the letter ofinstructions described in Section 29 of this Ordinance. Upon payment of all such costs, any moneys remaining on deposIt in said Fund shall be transferred FIRST to the "Rebate Fund" established pursuant to Section 23 of this Ordinance, to the extent the City is liable to pay rebate amounts to the United States of America pursuant to the terms of the Code and NEXT to the Debt Service Fund. Amounts so deposited to the Debt Service Fund shall be used in the manner described in Section 22(p) of this Ordinance. Section 14. INVESTMENTS. That money in any Fund established pursuant to this Ordinance may, at the option ofthe City, be placed or invested in Eligible Investments. Money in the Reserve Fund shall not be invested in securities with an average aggregate weighted maturity of greater than seven years. If monies in a Fund herein established are permitted to be invested the value of any such Fund shall be established by adding the monies therein to the Value of Investment Securities. The value of each such Fund shall be established annually during the last month of each Year and in addition theretO, with respect to the Reserve Fund, value shall be established within thirty days prior to the issuance of Priority Bonds and at the time or times withdrawals are made therefrom. Such investments shall be sold promptly when necessary to prevent any default in connection with the Priority Bonds. Earnings derived from the investment of moneys on deposit in the various Funds and Accounts created hereunder shall be credited to the Fund or Account from which moneys used to acquire such investment shall have come. Section 15. FUNDS SECURED. That monies in the System Fund and all Funds created by this Ordinance, to the extent not invested, shall be secured in the manner prescribed by law for securing funds of the City Section 16. FLOW OF FUNDS. That all monies in the System Fund not required for paying Operating Expenses during each month shall be applied by the City, on or before the 10th day of the following month, commencing during the months and in the order of priority with respect to the Funds and Accounts that such applications are hereinafter set forth in this Section. (a) Debt Service Fund - To the credit of the Debt Service Fund, in the following order of prionty. to-wit: ( ] ) such amounts, deposited in approximately equal monthly installments, commencing during the month in which the Priority Bonds are delivered, or the month thereafter if delivery is made after the 10th day thereof, as will be sufficient, together with other amounts, if any, in the Debt Service Fund available for such purpose (including specifically moneys on deposit m the Capitalized Interest Account dedicated thereto), to pay the interest scheduled to come due on Priority Bonds on the next succeeding interest payment date; (2) such amounts, deposited in approximately equal monthly installments, commencing during the month which shall be the later to occur of, (i) the twelfth month before the first maturity date of Priority Bonds, or (ii) the month in which Priority Bonds are delivered, or the month thereafter if delivery is made after the 10th day thereof, as will be ..18. sufficient together with other amounts, if any, in the Debt Service Fund available for such purpose, to pay the principal scheduled to mature on Priority Bonds on the next succeeding principal payment date; and (3) Amortization Installments, in such amounts and on such dates as set forth in any ordinance authorizing a series of Priority Bonds which contain Term Bonds within such Series, to pay scheduled principal amounts of Priority Bonds which constitute Term Bonds to be redeemed in accordance with the terms of said ordinance. (b) Reserve Fund - To the credit of the Reserve Fund, such amounts, deposited in approximately equal monthly installments, commencing during the month in which the Priority Bonds are delivered, or the month thereafter if delivery is made after the 10th day thereof, equal to not less than 1/60 ofthe Required Amount, until such time as such amounts together with other amounts, if any, in the Reserve Fund, equal the Required Amount. When and so long as the Reserve Fund Obligations in the Reserve Fund are not less than the Required Amount, no deposits need be made to the credit of the Reserve Fund. When and if the Reserve Fund at any time contains less than the Required Amount due to any cause or condition other than the issuance of Additional Priority Bonds then, subject and subordinate to making the required deposits to the credit ofthe Debt Service Fund, commencing with the month during which such deficiency occurs, such deficiency shall be made up from the next available Pledged Revenues or from any other sources available for such purpose. Reimbursements to a Credit Facility Provider made in accordance with the terms of Section 11(f) of this Ordinance shall constitute the making up of a deficiency to the extent that such reimbursements result in the reinstatement, in whole or in part, as the case may be, of the amount of the Credit Facility. If the Reserve Fund contains less than the Required Amount due to the issuance of Additional Priority Bonds deposits shall be made to the Reserve Fund commencing during the month and m the amounts required by Section 20(b) ofthis Ordinance, unless a Credit Facility is deposited in the Reserve Fund in an amount necessary to cause the sum of money and the value ofInvestment Securities and any other Credit Facilities m the Reserve Fund to equal the Required Amount. (e) Surplus. The balance of any monies remaining in the System Fund following such transfers may be used by the City tor payment of other obligations of the System, including, but not limited to, Subordinated Obligations, and for any other lawful purpose; provided that transfers made for purposes other than ti)r payment of obligations of the System shall be made only at the end of the Year Section 17 DEFICIENCIES. That if on any occasion there shall not be sufficient Pledged Revenues to make the deposits and other applications of monies required by Section 16 with respect to the various Funds as provided therein, any such deficiencies shall be made up (in the order that each such Fund is provided for in Section 16) as soon as possible from the next available Pledged Revenues, or from any other sources available for such purpose. The foregoing notwithstanding, however. if any deficiency in the Reserve Fund occurs as a result of withdrawals therefrom or decreases in the market value of Eligible Investments on deposit therein, such deficiency will be made up from the next available Pledged Revenues withm twelve months from the date of such deficiency is determined, with such deposits to the Reserve Fund to be made in not more than twelve substantially equal monthly payments .]4. Section 18. PAYMENT OF BONDS. That on or before the first scheduled interest payment date, and on or before each interest payment date and principal payment date thereafter while any of the Priority Bonds are outstanding and unpaid, the City shall make available to the paying agent therefor, out of the Debt Service Fund (and the other Funds, ifnecessary, in the order of priority set forth herein) monies sufficient to pay such interest on and such principal amount of the Priority Bonds, as shall become due and mature on such dates, respectively, at maturity or by redemption prior to maturity. The bond registrar for each senes of Priority Bonds shall destroy all paid Priority Bonds and furnish the CIty with an appropriate certificate of cancellation or destruction. Section 19. FINAL DEPOSITS; GOVERNMENT OBLIGATIONS. (a) Defeasance. That any Priority Bond shall be deemed to be paid, retired and no longer outstanding within the meaning of this Ordinance when payment of the prmcipal amount of, redemption premium, if any, on such Priority Bond, plus mterest thereon to the due date thereof (whether such due date be by reason of maturity, upon redemption, or otherwise) either (i) shall have been made in accordance with the terms thereof or (ii) shall have been provided for by irrevocably depositing with, or making available to, a paying agent (or escrow agent) therefor, in trust and irrevocably set aside exclusively for such payment, in accordance with the terms and conditions of an agreement between the City and said paying agent (or escrow agent), (1) money sufficient to make such payment or (2) Government Obligations, certified by an independent public accounting firm of national reputation, to mature as to principal and interest in such amounts and at such times as will insure the availability, without rein- vestment, of sufficient money to make such payment, and all necessary and proper fees, compensation, and expenses of such paying agent pertaining to the Priority Bonds with respect to which such deposit is made shall have been paid or the payment thereof provided for (and irrevocable instructions shall have been given by the City to such paying agent of such bonds to give notice of such redemption III the manner required by the ordinance or ordinances authorizing the issuance of such bonds) to the satisfaction of such paying agent. Such paying agent shall give notice to each registered owner of any Priority Bond that such deposit as described above has been made, in the same manner as described in Section 3(b) of thiS Ordinance. In addition, in connection with a defeasance, such paying agent shall give notice of redemption, ifnecessary, to the registered owners of any Priority Bonds in the manner described in such Priority Bonds and as directed in the redemption mstructions delivered by the City to such paying agent. At such time as a Priority Bond shall be deemed to be paId hereunder, as aforesaid. it shall no longer be secured by or entitled to the benefit oftms Ordinance or a lien on and pledge of the Pledged Revenues, and shall be entitled to payment solely from such money or Government Obligations. (b) Government Obligations. That any moneys so deposited with a paying agent (or escrow agent) may, at the direction of the City, also be invested in Government Obligations, maturing in the amounts and times as hereinbefore set forth, and all income from all Government Obligations in the hands of the paying agent pursuant to this Section which is not required for the payment of the Priority Bonds, the redemption premium, if any, and interest thereon, with respect to which such money has been so deposited, shaH be remitted to the City for deposit into the System Fund. (c) Payment of Priority Bonds. Except as provided in clause (b) of this Section, all money or Government Obligations set aside and held in trust pursuant to the provisions of this Section for the payment ofPnority Bonds. the redemption premium, ifany, and interest thereon, shall be applied -20 solely to and used solely tor the payment of such Priority Bonds, the redemption premium, ifany, and interest thereon. Section 20 ISSUANCE OF ADDITIONAL PRIORITY BONDS. (a) Reservation of Right to Issue Additional Priority Bonds. That subject to the provisions hereinafter appearing as conditions precedent whIch must first be satisfied. the City reserves the right to issue, from time to time as needed, Additional Priority Bonds for any lawful purpose relating to the System. Such Additional Priority Bonds may be lssued in such form and manner as now or hereafter authorized by the laws of the State of Texas for the issuance of evidences of indebtedness or other instruments, and should new methods or fInancing techruques be developed that differ from those now available and in normal use, the City reserves the right to employ the same in its financing arrangements provided only that the same conditions precedent herein required for the authorization and issuance of Additional Priority Bonds are satisfIed (b) Funding Reserve Fund. That the Debt Service Fund and the Reserve Fund established by thIS Ordinance shall secure and be used to pay all Additional Priority Bonds hereafter issued. Upon the issuance and delivery of Additional Priority Bonds, the additional amount required to be deposited in the Reserve Fund shall be so accumulated by the deposit in the Reserve Fund of all or any part of said required additional amount in cash immediately after the delivery of such Additional Priority Bonds, or, at the option ofthe City, (i) by the deposit of said required additional amount (or any balance of saId required additional amount not deposited in cash as permitted above) in approximately equal monthly installments, made on or before the 10th day of each month following the delivery of such Additional Priority Bonds, of not less than 1/60 of said required additional amount (or 1/60 0 fthe balance of said required additional amount not deposited in cash as permitted above) or (ii) by the deposit of a Credit Facility which, in whole or in combination with deposits described in clause (i) above, is sufficient to satisfY the required additional amount to be on deposit in the Reserve Fund. (c) Calculations. That all calculations 0 fA verage Annual Principal and Interest Requirements made pursuant to this Section shall be made as of and from the date of the Additional Priority Bonds then proposed to be issued. Section 21 FURTHER REQUIREMENTS FOR ADDITIONAL PRIORITY BONDS. (a) Conditions precedent for Issuance of Additional Priority Bonds - General. That as a condition precedent to the issuance of any AdditIonal Priority Bonds, the City Manager (or other officer ofthe City then having the responsibility for the financial affairs of the City) shall have executed a certificate stating (i) that the City is not then m default as to any covenant, obligation or agreement contained in any ordinance or other proceeding relating to any obligations of the City payable from and secured by a lien on and pledge of the Pledged Revenues, and (ii) that the amounts on deposit in all Funds or Accounts created and established for the payment and security of all outstanding obligations payable from and secured by a lien on and pledge of the Pledged Revenues are the amounts then required to be deposited therem. Such certificate shall be dated on or before the date of delivery of such Additional Priority Bonds, but such certificate shall not be dated prior to the date an ordinance is passed authorizing the issuance of such Additional Priority Bonds. ~21 ......- (b) Conditions Precedent for Issuance of Additional Priority Bonds - Capital Improvements andfor any other lawful purpose exceptfor Capital Additions or for refunding. The City covenants and agrees that Additional Priority Bonds will not be issued for the purpose of financing Capital Improvements, or for any other lawful purpose (except for Capital Additions or for refunding, which are to be issued in accordance with the provisions of clauses (c), (d) or (e) of this Section) unless and until the conditions precedent in clause (a) above have been satisfied and, in addition thereto. the Cit) has secured a certificate or opinion of the Accountant to the effect that, according to the books and records of the City. the Net Earnings (hereinafter defined) for the preceding Year or for 12 consecutive months out 0 fthe 15 months immediately preceding the month the ordinance authorizing the Additional Priority Bonds is adopted are at least equal to 1.25 times the Average Annual Principal and Interest Requirements for all outstanding Priority Bonds after giving effect to the Additional Priority Bonds then proposed. The foregoing notwithstanding, the City covenants and agrees that Additional Priority Bonds maynot be issued for the purpose offinancing Capital Improvements when other outstanding Priority Bonds which have been issued for the purpose of financing Capital Additions and for which capitalized interest for such other Priority Bonds has been provided for at least the twelve months subsequent to the date 0 f issuance 0 f the Additional Priority Bonds then proposed to be issued, unless the conditions precedent In clause (a) above have been satisfied and, in addition thereto, the City has either (1) complied with the relevant conditions in this clause as set forth above, or (2) if the relevant conditions of this clause (b) as set forth above cannot be satisfied, the City has satisfied the conditions precedent in clauses (c)( I) and (c)( ii) of this SecHon (but, for purposes of such clauses, the term Capital Improvements shall be substituted for the term Capital Additions where the term Capital Additions appears therein to the extent necessary to give recognition to the fact that Capital Improvements, rather than Capital Additions, are then to be financed) and has secured a certificate or opInion of the Accountant to the effect that, according to the books and records of the City, the Net Earnings for the preceding Year or for 12 consecutive months out of the 15 months immediately preceding the month the ordinance authorizing the Additional Priority Bonds is adopted are at least equal to 1.25 times the Average Annual Principal and Interest Requirements for all outstanding Prionty Bonds (other than any Priority Bonds issued for Capital Additions for which capitalized interest has been provided for at least the twelve months subsequent to the date of issuance of the Additional Prioritv Bonds proposed to be issued j after giving effect to the Priority Bonds then proposed ( c) Conditions Precedent for Issuance of Additional Priority Bonds - Capital Additions: Initial Issue. The City covenants and agrees that Additional Priority Bonds will not be issued for the purpose offinancing Capital Additions, unless the same conditions precedent specified in clause (a) above have been satisfied and, in addition thereto, either the relevant conditions precedent specified in clause (b) above are satisfied or, in the alternative, the City shall have obtained: (i) from the Engineer of Record a comprehensive Engineering Report for each Capital Addition to be financed, which report shall (A) contain (1) detailed estimates of the cost of acquiring and constructing the Capital Addition, (2) the estimated date the acquisition and construction of the Capital Addition will be completed and commercially operative, and (3) a detailed analysis of the impact of the Capital Addition on the financial operations of the system for which the Capital Addition is to be integrated and to the System as a whole during .22. the construction thereof and for at least five Years after the date the Capital Addition becomes commercially operative, and (B) conclude that (1) the Capital Addition is necessary and will substantially increase the capacity, or is needed to replace existing facilities, to meet current and projected demands for the service or product to be provided thereby, and (2) the estimated cost of providing the service or product from the Capital Addition will be reasonable in comparison with projected costs for furnishing such service or product from other reasonably available sources; and (iit a certificate of the Engineer of Record to the effect that, based on the Engineering Report prepared for each Capital Addition, the projected Net Earnings for each of the five years subsequent to the date the Capital Addition becomes commercially operative (as estimated ill the Engineering Report) will be equal to at least 1.25 times the Average Annual Principal and Interest ReqUIrements for Priority Bonds then outstanding or incurred and all Priority Bonds estimated to be Issued, if any, for all Capital Improvements and for all Capital Additions then in progress or then being initiated, during the period from the date the first series of obligatIOns for the Capital Additions is to be delivered through the fifth year subsequent to the date the CapItal Addition is estimated to become commercially operative. (d) Completion Issues. Once a Capital Addition has been initiated by meeting the conditions precedent specified in clauses (c)( i) and ( c)( ii) above and the initial Priority Bonds issued therefor are delivered, the City reserves the right to issue Additional Priority Bonds to finance the remaining costs of such Capital Addition in such amounts as may be necessary to complete the acquisition and construction thereof and make the same commercially operative without satisfaction of any condition precedent under clauses (c )(i) and i c)( Ii) or clause {b) of this Section but subject to satisfaction of the following conditions precedent (i) the City makes a forecast (the "Forecast") of the operations of the System demonstrating the System's ability to pay all obligations, payable from the Pledged Revenues ofthe System to be outstanding after the issuance ofthe Additional Priority Bonds then being Issued for the period (the "Forecast Period") of each ensuing year through the fifth year subsequent to the latest estrrnated date such Capital Addition is expected to be commercially operative: and (iil the Engineer of Record reviews such Forecast and executes a certificate to the effect that (A) such Forecast is reasonable, and based thereon (and such other factors deemed to be relevant), the Pledged Revenues of the System will be adequate to pay all the obligations, payable from the Pledged Revenues of the System to be outstanding after the Issuance of the Additional Prionty Bonds then being issued for the Forecast Period and (B) the proceeds from the sale 0 f such Additional Priority Bonds are estimated to be sufficient to complete such acquisition and construction. (e) Refunding Issues. The City reserves the right to issue refunding bonds to refund all or any part of the outstanding Priority Bonds (pursuant to any law then available), upon such terms and conditions as the governing body of the City may deem to be in the best interest of the City and its inhabitants, and ifless than all such outstanding Priority Bonds are refunded, the conditions precedent prescribed in clauses (a) and (b) of this Section shall be satisfied and the Accountant's certificate or 2' opinion requrred by clause (b) shall give effect to the issuance of the proposed refunding bonds (and shall not give effect to the Priority Bonds being refunded following their cancellation or provision being made for their payment). In addition, the City reserves the right to refund all or any part of any other obligations of the System, upon such terms and conditions as the governing body of the City may deem to be ill the best interest of the City and its inhabitants, provided that the conditions prescribed in clauses (a) and (b) of this Section shall be satisfied. No Accountant's certificate otherwise required by clause (b) will be required for refunding bonds, after giving effect to such proposed refunding, if there is no Increase in debt service for any Year in which there will be debt service on Priority Bonds outstanding both before and after such refunding. (f) Computations; Reports. With reference to Priority Bonds anticipated and estimated to be issued or incurred, the Average Annual Principal and Interest Requirements therefor shall be those reasonably estimated and computed by the City's Director of Financial Services (or other officer of the City then having the primary responsibility for the fmancial affairs of the City). In the preparation of the Engineering Report required in clause (c)(i) above, the Engineer of Record may rely on other experts or professionals, mcluding those in the employment of the City, provided such Engineering Report discloses the extent of such reliance and concludes it is reasonable so to rely. In connection with the issuance of Priority Bonds for Capital Additions, the certificate of the City's Director of Financial Services and Engineer of Record, together with the Engineering Report for the initial issue and the Forecast for a subsequent issue, shall be conclusive evidence and the only evidence required to show compliance with the prOVIsions and requirements and this clause of this Section. (g) Combination Issues. Priority Bonds for Capital Additions may be combined in a single issue with Priority Bonds for Capital Improvements or for any lawful purpose provided the conditions precedent set forth in clauses (b) through (e) are complied with as the same relate to the appropriate purpo se (h) Subordinated Obligations. The City may, at any time and from time to time, for any lawful purpose, issue Subordinated Obligations, the principal of and redemption premium, if any, and interest on which is payable from and secured by a pledge of and lien on the Pledged Revenues junior and subordinate to the lien and pledge created hereby for the security of the Priority Bonds and the payments required to be made hereunder into the Debt Service Fund and the Reserve Fund; provided, however, that any such pledge and lien securing the Subordinated Obligations shall be, and shall be expressed to be, subordinate in all respects to the pledge of and lien on the Pledged Revenues as security for the Priority Bonds; and provided further that any default with respect to the issuance of Subordinated Obligations will not be deemed a default with respect to the Priority Bonds. i) Definition olNet Earnings. As used in this Section, the term "Net Earnings" shall mean the Gross Revenues of the System after deducting the Operating Expenses of the System, but not expenditures which, under standard accounting practice, should be charged to capital expenditures. (j) Determination of Net Earnings. In making a determination of Net Earnings for any of the purposes described in this Section, the Accountant may take into consideration a change in the rates and charges for services and facilities afforded by the System that became effective at least 60 days prior to the last day of the period for which Net Earnings are determined and, for purposes of -24 satisfying any of the Net Earnings test described above, make a pro forma determination of the Net Earnings of the System for the period of time covered by the Accountant's certification or opinion based on such change in rates and charges being in effect for the entire period covered by the Accountant's certificate or opinion. SectIon 22 GENERAL COVENANTS. That the City further covenants and agrees that in accordance with and to the extent required or pennitted by law: ( a) Performance, It will faithfully perform at all times any and all covenants, undertakings, stipulatlons, and provisions contained in this Ordinance, and each ordinance authorizing the issuance of AddItional Priority Bonds; It will promptly payor cause to be paid the principal amount of and interest on every Priority Bond, on the dates and in the places and manner prescribed in such ordinances and such Priority Bonds; and it will, at the time and in the manner prescribed, deposit or cause to be deposited the amounts required to be deposited into the System Fund and the Funds herem created; and any registered owner of any Priority Bond may require the City, its officials and employees to carry out, respect or enforce the covenants and obligations of this Ordinance, or any ordinance authorIZing the issuance 0 f Priority Bonds, by all legal and equitable means, including specIfically, but wIthout limitation, the use and filing of mandamus proceedings, in any court of competent jurisdiction, against the City, its officials and employees. Ib) City's Legal Authority. It IS a duly created and existing home rule city ofthe State of Texas, and is duly authorized under the laws of the State of Texas to issue the Bonds; that all action on its part for the Issuance of the Bonds has been duly and effectively taken, and that the Bonds in the hands of the owners thereofare and will be valid and enforceable special obligations of the City in accordance with their terms (c) Acquisition and Construction; Operation and Maintenance. (1) It shall use its best efforts in accordance with Prudent Utility Practice to acquire and construct, or cause to be acquired and constructed, any Capital Additions or Capital Improvements, in accordance with the plans and specifications therefor, as modified from time to time with due diligence and in a sound and economical manner; and (2) it shall at all times use its best efforts to operate or cause to be operated the System properly and III an efficient manner, consistent with Prudent Utility Practice, and shall use its best efforts to maintain, preserve, reconstruct and keep the same or cause the same to be so maintained, preserved, reconstructed and kept, with the appurtenances and every part and parcel thereof, in good repair, working order and condition, and shall from time to time make, or use its best efforts to cause to be made, all necessary and proper repairs, replacement and renewals so that at all times the operation of the System may be properly and advantageously conducted. (d) Title. It has or will obtain lawful title, whether such title is in fee or lesser interest, to the lands, buildings, structures and facilitIes constitutmg the System, that it warrants that it will defend the title to all the aforesaid lands, buildings, structures and facilities, and every part thereof, for the benefit of the owners of the Prionty Bonds, against the claims and demands of all persons whomsoever, that it is lawfully qualified to pledge the Pledged Revenues to the payment of the Priority Bonds in the manner prescribed herein, and has lawfully exercised such rights. .2, '.....' (e) Liens. It will from time to tune and before the same become delinquent pay and discharge all taxes, assessments and governmental charges, if any, which shall be lawfully imposed upon it, or the System; it will pay all lawful claims for rents, royalties, labor, materials and supplies which if unpaid might by law become a lien or charge thereon, the lien of which would be prior to or interfere with the liens hereof, so that the priority of the liens granted hereunder shall be fully preserved in the manner provided herein, and it will not create or suffer to be created any mechanic's, laborer's, materialman's or other lien or charge which might or could be prior to the liens hereof, or do or suffer any matter or thing whereby the liens hereof might or could be impaired; provided however, that no such tax, assessment or charge, and that no such claims which might be used as the basis of a mechanic's, laborer's, materialman's or other lien or charge, shall be required to be paid so long as the validity of the same shall be contested in good faith by the City. (f) No Free Service. No free service or service otherwise than in accordance with the established rate schedule shall be furnished, directly or indirectly, by the System to any person, firm, corporation or other entity, other than the City. No part of the salary of any official or employee of the City or his replacement shall be paid from Pledged Revenues unless and only to the extent the duties and performances of such official or employee or his replacement appertain directly to the System. To the extent the City receives the services of the System, such services shall be accounted for according to the established rate schedule. (g) Further Encumbrance. It will not additionally encumber the Pledged Revenues in any manner, except as penrutted in this Ordinance in connection with Priority Bonds, unless said encumbrance is made junior and subordinate in all respects to the liens, pledges, covenants and agreements of this Ordinance; but the right of the City to issue Subordinated Obligations payable in whole or in part from a subordinate lien on the Pledged Revenues is specifically recognized and retained (h) Sale, Lease or Disposal of Property. No part of the System shall be sold, leased, mortgaged, demolished, removed or otherwise disposed of, except as follows: (1) To the extent permitted by law, the City may sell or exchange at any time and from time to time any property or facilities constituting part of the System only if(A) it shall determine such property or facilities are not useful in the operation ofthe System, or (B) the proceeds of such sale are $250,000 or less, or it shall have received a certificate executed by the Engineer of Record and the City Manager stating, in their opinion, that the fair market value of the property or facilities exchanged is $250,000 or less, or (C) if such proceeds or fair market value exceeds $250,000 it shall have received a certificate executed by the Engineer of Record and the City Manager stating (i) that system within the System of which the property or facilities comprises a part thereof and (ii) in their opinion, that the sale or exchange of such property or facilities will not impair the ability of the City to comply during the current or any future Year with the provisions of clause (k) ofthis Section. The proceeds of any such sale or exchange not used to acquire other property necessary or desirable for the safe or efficient operation of the System shall forthwith, at the option of the City (i) be used to redeem or purchase Priority Bonds, or (ii) otherwise be used to provide for the payment of Priority Bonds The foregoing notwithstanding, if such property or facilities sold or -26 exchanged constituted property or facilities comprising all or a part of a system within the System, the acquisition, improvement or extension of such system having not been financed by the Clty in any manner with the proceeds of Priority Bonds, or with the proceeds of obligations which were refunded in whole or in part with the proceeds of Priority Bonds, then the City may utilIZe the proceeds of such sale or exchange for any lawful purpose; (21 To the extent permitted by law, the City may lease or make contracts or grant licenses for the operation of, or make arrangements for the use of, or grant easements or other rights with respect to, any part ofthe System, provided that any such lease, contract, license, arrangement, easement or right (A) does not impede the operation by the City of the System and (B) does not in any manner impair or adversely affect the rights or securityofthe owners of the Pnority Bonds under this Ordinance; and provided, further, that if the depre- ciated cost of the property to be covered by any such lease, contract, license, arrangement, easement or other right is in excess of $500,000, the City shall have received a certificate executed by the Engineer of Record and the City Manager that the action of the City with respect thereto does not result In a breach of the conditions under this clause (2). Any payments received by the City under or in connection with any such lease, contract, license, arrangement, easement or right in respect of the System or any part thereof shall constitute Gross Revenues (i) Books, Records and Accounts. It shall keep proper books, records and accounts separate and apart from all other records and accounts, in which complete and correct entries shall be made of all transactions relating to the System and the City shall cause said books and accounts to be audited annually as of the close of each Year by the Accountant. (j) Insurance. (I) Except as otherwise permitted in clause (2) below, it shall cause to be insured such parts of the System as would usually be insured by corporations operating like properties, with a responsible insurance company or companies, against risks, accidents or casualties against which and to the extent insurance is usually carried by corporations operating like properties, including, to the extent reasonably obtainable, fire and extended coverage insurance, insurance against damage by floods. and use and occupancy insurance. Public liability and property damage insurance shall also be carried unless the City Attorney gives a written opinion to the effect that the City is not liable for claims which would be protected by such insurance. At any time while any contractor engaged in construction work shall be fully responsible therefor, the City shall not be required to carry insurance on the work bemg constructed if the contractor is required to carry appropriate insurance. All such policies shall be open to the mspection of the bondholders and their representatives at all reasonable times. (2) In lieu of obtaining policies for insurance as provided above, the City may self-insure against risks. accidents, claims or casualties described in clause (1) above. (3) The annual audit hereinafter required shall contain a section commenting on whether or not the City has complied with the requirements of this Section with respect to the maintenance of insurance, and listmg the areas of insurance for which the City is self-insuring, all policies carried, and n whether or not all msurance premiums upon the insurance policies to which reference is hereinbefore made have been paid. (k) Rate Covenant. It will fix, establish, maintain and collect such rates, charges and fees for the use and availability of the System at all times as are necessary to produce Gross Revenues and other Pledged Revenues equal to the greater of amounts determined in accordance with clauses (1) or (2) below, to-wit, amounts sufficient (1) (A) to pay all current Operating Expenses ofthe System, and (B) to produce Net Revenues for each Year at least equal to 1.25 times the Average Annual Principal and Interest Requirements of all then outstanding Priority Bonds; or (2) to pay the sum of (A) all current Operating Expenses, (B) the Average Annual Principal and Interest Requirements on the then outstanding Priority Bonds, (C) required deposits to the Reserve Fund required for the Prionty Bonds, and (D) amounts required to pay all other obligations of the System reasonably anticipated to be paid from Gross Revenues during the current Year. The calculation of Average Annual Principal and Interest Requirements on all outstanding Priority Bonds shall be net of capitalized interest for such Priority Bonds only if the moneys in the Capitalized Interest Account received from proceeds of such Priority Bonds are invested in Government Obligations. The foregoing notwithstanding, such rates. charges and fees shall be fIxed, established, maintained and collected at a level suffiCient to enable the City to pay debt service on Priority Bonds during the current Year \ I) Audits. After the close of each year while any Priority Bonds are outstanding, an audit will be made of the books and accounts relating to the System and the Pledged Revenues by the Accountant. As soon as practicable after the close of each such year, and when said audit has been completed and made available to the City. a copy ofsuch audit for the preceding year shall be mailed to any holder of the then outstanding Priority Bonds who shall so request in writing. Such annual audit reports shall be open to the inspection ofthe registered owners of the Priority Bonds and their agents and representatives at all reasonable times. (m) Governmental Agencies. It will comply with all of the terms and conditions of any and all franchises, permits and authorizations applicable to or necessary with respect to the System, and which have been obtained from any governmental agency; and the City has or will obtain and keep in full force and effect all franchises, permits, authorization and other requirements applicable to or necessary with respect to the acquisition. construction, equipment, operation and maintenance of the System. in) /VO Competition. To the extent it legally may, it will not grant any franchise or permit for the acquisition, construction or operation of any competing facilities which might be used as a substitute for the System's facilities, and, to the extent that it legally may, the City will prohibit any such competing facilities. (0) Rights of Inspection. The Engineer of Record or any registered owner of $ 100,000 in aggregate principal amount of the Priority Bonds then outstanding shall have the right at all reasonable times to inspect the System and all records, accounts and data ofthe City relating thereto, and upon request the City shall furnish to the Engineer of Record or such registered owner, as the case may be. such financlal statements. reports and other information relating to the City and the -28. System as the Engineer of Record or such registered owner may from time to time reasonably request (p) Surplus Bond Proceeds. I t shall deposit any surplus proceeds from the Bonds remaining after the acquisition and completion of the System improvements to the credit of the Debt Service Fund, to the extent any such surplus proceeds are not otherwise required to be rebated to the United States of America m accordance with the provisions of Section 23 hereof, to pay debt service on the Bonds SectiOn 23 COVENANTS REGARDING TAX-EXEMPTION. That the Issuer covenants to refrain from any action which would adversely affect, or to take such action as to ensure, the treatment of the Bonds as obligations described in section 103 of the Code, the interest on which is not mcludable in the "gross income" of the holder for purposes of federal income taxatIon. In furtherance thereof. the Issuer covenants as follows: (a I to take any actIon to assure that no more than 10 percent of the proceeds of the Bonds or the projects financed therewith (less amounts deposited to a reserve fund, if any) are used for any "private business use", as defmed in section 141(b)(6) ofthe Code or, ifmore than 10 percent of the proceeds are so used, that amounts, whether or not received by the issuer, with respect to such private business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or mdirectly, secure or provide for the payment of more than] 0 percent of the debt service on the Bonds, in contravention of section 141 (b )(2) of the Code; (b I to take any action to assure that in the event that the "private business use" described in subsection (a) hereof exceeds 5 percent of the proceeds of the Bonds or the projects financed therewith (less amounts deposited into a reserve fund, if any) then the amount m excess of 5 percent is used for a "private business use" which is "related" and not "disproportionate", within the meaning of section 141(b)(3) of the Code, to the governmental use; (C) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Bonds (less amounts deposited into a reserve fund. if any) is directly or indirectly used to finance loans to persons, other than state or local governmental unItS, in contravention of section 141 (c) of the Code; (dl to refrain from taking any action which would otherwise result in the Bonds being treated as "private activity bonds" within the meaning of section 141(a) of the Code; ( e to refram tram taking any action that would result in the Bonds being "federally guaranteed" within the meaning of section 149(b) of the Code; (f) to refrain from usmg any portion of the proceeds of the Bonds, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire 29 -~ mvestment property (as defined m section 148(b )(2) of the Code) which produces a materially higher yield over the term of the Bonds, other than investment property acquired with- ( II proceeds of the Bonds invested for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds are issued, (2) amounts invested in a bona fide debt service fund, within the meaning of section 1.148-1 ( b) of the Treasury Regulations, and (3) amounts deposited m any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Bonds: (g) to otherwise restrIct the use of the proceeds ofthe Bonds or amounts treated as proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable. section 149( d) 0 f the Code (relating to advance refundings); and (h) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Bonds) an amount that is at least equal to 90 percent ofthe "Excess Earnings", within the meaning of section 148(f) ofthe Code and to pay to the Uruted States of America, not later than 60 days after the Bonds have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148( f) 0 f the Code The Issuer understands that the term "proceeds" mcludes "disposition proceeds" as defmed in the Treasury Regulations and, in the case ofa refunding bond, transferred proceeds (ifany) and proceeds ofthe refunded bonds expended prior to the date of the issuance of the Bonds. It is the understanding ofthe Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify or expand provisions of the Code, as applicable to the Bonds, the Issuer will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nationally-recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Bonds under section 103 of the Code In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Bonds, the Issuer agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally-recogruzed bond counsel, to preserve the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. In furtherance of the foregoing, the Mayor, the City Manager, any Assistant City Manager and the Director of Financial Services may execute any certificates or other reports required by the Code and to make such elections, on behalf of the City, which may be penrutted by the Code as are consistent with the purpose for the issuance of the Bonds. In order to facilitate compliance with the above clause (h), a "Rebate Fund" is hereby established by the City for the sole benefit of the United States of America, and such Rebate Fund 1(' shall not be subject to the claim of any other person, including without limitation the registered owners of the Bonds. The Rebate Fund is established for the additional purpose of compliance with sectIon 148 of the Code Section 24. T AXABLE OBLIGATIONS. That the provisions of Section 23 of this Ordmance notwithstandmg, the City reserves the ability to issue Additional Priority Bonds in a manner such that such obligations are not obligations described in section 103(a) of the Code or are obligations which constitute "private activity bonds" within the meaning of section 141(b) of the Code Section 25 AMENDMENT OF ORDINANCE. (a) Approval by Registered Owners. That the registered owners of a majority in aggregate principal amount of the Priority Bonds then outstanding shall have the right from tune to time to approve any amendment to this Ordinance which may be deemed necessary or desirable by the City; provided, however, that without the consent of the registered owners of all of the Priority Bonds at the time outstanding, nothing herein contained shall permit or be construed to pennit the amendment of the terms and conditions in this Ordinance or in the Priority Bonds so as to: (I) Make any change In the maturity of any of the outstanding Priority Bonds; (2) Reduce the rate of interest borne by any of the outstanding Priority Bonds; (3) Reduce the amount of the principal payable on the outstanding Priority Bonds; (4) ModifY the terms of payment of principal of, premium, if any, or interest on the outstanding Priority Bonds or impose any conditions with respect to such payment; (5) Affect the rights of the registered owners ofless than all of the Priority Bonds then outstanding; (6) Amend this clause (a) of this Section; or (7) Change the minimum percentage of the principal amount of Priority Bonds necessary for consent to any amendment; unless such amendment or amendments be approved by the registered owners of all of the Priority Bonds then outstanding. (b) Notice. That if at any time the City shall desire to amend the Ordinance under this Section. the City shall cause notice of the proposed amendment to be published in a financial newspaper or journal published in The City of New York, New York, and a newspaper of general circulation in the City, once during each calendar week for at least two successive calendar weeks. Such notice shall briefly set forth the nature of the proposed amendment and shall state that a copy thereof is on fIle at the principal office ofthe Paying Agent/Registrar for inspection by all holders of 3 Prionty Bonds. Such publication is not required, however, if notice in writing is given to each registered owner of Priority Bonds. (c) Consent Obtained. That whenever at any time not less than 30 days, and within one year, from the date of the first publication of said notice or other service of written notice the City shall receIve an instrument or instruments executed by the registered owners of at least a majority in aggregate principal amount of the Priority Bonds then outstanding, which instrument or instruments shall refer to the proposed amendment described in said notice and which specifically consent to and approve such amendment in substantially the form of the copy thereof on file with the Paying Agent/Registrar, the governing body of the City may pass the amendatory ordinance in substantially the same form. (d) Amendatory Ordinance. That upon the passage of any amendatory ordinance pursuant to the provisions of this Section, this Ordinance shall be deemed to be amended in accordance with such amendatory ordinance, and the respective rights, duties and obligations under this Ordinance of the City and all the registered owners of then outstanding Priority Bonds and all future Priority Bonds shall thereafter be determined, exercised and enforced hereunder, subject in all respects to such amendments (e) Consent Irrevocable for Six Months. That any consent given by the registered owner of a Priority Bond pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the first publication of the notice provided for in this Section, and shall be conclusive and binding upon all future registered owners of the same Priority Bond during such period. Such consent may be revoked at any time after six months from the date of the first publication of such notice by the registered owner who gave such consent, or by a successor in title, by filing notice thereof WIth the Paying Agent/Registrar and the City, but such revocation shall not be effective if the registered owners of at least a majority in aggregate principal amount of the then outstanding Priority Bonds as in this Section defined have, prior to the attempted revocation, consented to and approved the amendment. (f) Amendments without Consent. The foregoing provisions ofthis Section notwithstanding, the City by action 0 f the City Council may amend this Ordinance for anyone or more of the fo llowing purposes' (1) To add to the covenants and agreements of the City in this Ordinance contained, other covenants and agreements thereafter to be observed, grant additional rights or remedies to the registered owners of the Priority Bonds or to surrender, restrict or limit any right or power herem reserved to or conferred upon the City; (2) To make such proVIsions for the purpose of curing any ambiguity, or curing, correcting or supplementing any defective provision contained in this Ordinance, or in regard to clarifying matters or questions arising under this Ordinance, as are necessary or desirable and not contrary to or inconsistent with this Ordinance and which shall not adversely affect the interests of the registered owners of the Priority Bonds then outstanding; -n ,"*""" (31 To modify any of the provisions of this Ordinance in any other respect whatever, provided that (i) such modification shall be, and be expressed to be, effective only after all Bonds and each series of AdditIonal Priority Bonds outstanding at the date of the adoption of such modification shall cease to be outstanding, and (ii) such modification shall be specIfically referred to ill the text of all Priority Bonds issued after the date of the adoption of such modificat ion; (4) To make such amendments to this Ordinance as may be required, in the opinion of nationally recognized bond counsel acceptable to the City, to ensure compliance with sections] 03 and 141 through 150 of the Code and the regulations promulgated thereunder and applicable thereto (5.l To make such changes, modifications or amendments as may be necessary or desirable in order to allow the owners of the Priority Bonds to thereafter avail themselves of a book-entry system for payments, transfers and other matters relating to the Priority Bonds, which changes, modifications or amendments are not contrary to or inconsistent with other provIsions of this Ordinance and which shall not adversely affect the interests of the owners ofthe Priority Bonds; (61 To make such changes, modifications or amendments as are permitted by Section J3(c)(v) of this Ordinance; (71 To make such changes, modifications or amendments as may be necessary or desirable III order to obtain or maintain the granting of a rating on the Priority Bonds by a Rating Agency or to obtain or maintain a Credit Facility, or to obtain the approval of the Bonds from the Texas Attorney General; and (8) To make such changes, modifications or amendments as may be necessary or desirable. which shall not adversely affect the interests of the owners of the Priority Bonds, III order, to the extent permItted by law, to facilitate the economic and practical utilization of interest rate swap agreements, foreign currency exchange agreements, or similar type of agreements with respect to the Priority Bonds. Notice of any such amendment may be published by the City in the manner described in clause (b) of this Section; provided, however, that the publication of such notice shall not constitute a condition precedent to the adoption of such amendatory ordinance and the failure to publish such notice shall not adversely affect the implementation 0 f such amendment as adopted pursuant to such amendatory ordinance Section 26. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS. (a) Substitute Bonds. That in the event any outstanding Bond is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new -33- ..~ bond ofthe same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Bond, in replacement for such Bond in the manner hereinafter provided. (b) Application for Replacement. Application for replacement of damaged, mutilated, lost, stolen, or destroyed Bonds shall be made to the Paying Agent/Registrar. In every case ofloss, theft, or destruction of a Bond. the applicant for a replacement bond shall furnish to the City and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Bond, the applicant shall furnish to the City and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Bond, as the case may be. In every case of damage or mutilation of a Bond, the applicant shall surrender to the Paying Agent/Registrar for cancellation the Bond so damaged or mutilated. lC) Payment upon Maturity. Notwithstanding the foregoing provisions of this Section, in the event any such Bond shall have matured, and no default has occurred which is then continuing in the payment of the principal of, redemption premium, ifany, or interest on the Bond, the City may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a replacement Bond, provided security or indemnity is furnished as above provided m this Section. ~ d) Cost of Repwcement Bonds. Prior to the issuance of any replacement bond, the Paying Agent/Registrar shall charge the owner of such Bond with all legal, printing, and other expenses in connection therewith. Every replacement bond issued pursuant to the provisions of this Section by virtue of the fact that any Bond is lost, stolen, or destroyed shall constitute a contractual obligation of the City whether or not the lost, stolen, or destroyed Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportIOnately with any and all other Bonds duly issued under this Ordinance. (e) Authority for Replacement Bonds. In accordance with Chapter 1206, Texas Government Code. this Section of this Ordinance shall constitute authority for the issuance of any such replacement bond withom necessity 0 f further action by the governing body ofthe City or any other body or person, and the duty of the replacement of such bonds is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such bonds in the form and manner and with the effect, as provided in Section 5(d) of this Ordinance for Bonds issued in exchange for other Bonds Section 27 APPROV AL AND REGISTRATION OF BONDS. That the City Manager of the City is hereby authorized to have control of the Bonds and all necessary records and proceedings pertaining to the Bonds pending their delivery and their investigation, examination and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Bonds, said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate accompanying the Bonds, and the seal of said Comptroller shall be impressed. or placed in facsimile, on each such certificate. .34. Section 28. DELIVERY OF BONDS TO THE UNDERWRITERS. That should the City Manager effect the sale of the Bonds to the Underwriters by executing the Purchase Agreement, one Bond in the principal amount maturing on each maturity date as set forth in the Purchase Agreement shall be delivered to the Underwriters, and the Underwriters shall have the right to exchange such bonds as provided m Section 5 hereof without cost. Section 29 USE OF PROCEEDS, That the proceeds from the sale of the Bonds shall be used m the manner described in the letter of instructions executed by or on behalf ofthe City. The foregoing notwithstanding, proceeds representing accrued interest on the Bonds shall be deposited to the credit of the Debt Service Fund and proceeds representing premium on the Bonds shall be used in a manner consistent with the provisions of Section 1201.04l(d), Texas Government Code. Section 30 DEFAULT AND REMEDIES. (a) Events of Default. That each of the following occurrences or events for the purpose of this Ordinance is hereby declared to be an "Event of Default" , (I) the failure to make payment of the principal of or interest on any of the Bonds when the same becomes due and payable; or (ll) default in the performance or observance of any other covenant, agreement or obligation of the City, the failure to perform which materially, adversely affects the rights of the registered owners ofthe Bonds, including, but not limited to, their prospect or ability to be repaid in accordance with this Ordinance, and the continuation thereof for a period of60 days after notice of such default is given by any registered owner to the City. (b) Remedies for Default. (1) Upon the happenmg of any Event of Default, then and in every case, any registered owner or an authorized representative thereof, including, but not limited to, a trustee or trustees therefor, may proceed against the City, or any official, officer or employee of the City in their official capacity, for the purpose of protecting and enforcing the rights of the registered owners under this Ordinance, by mandamus or other suit, action or special proceeding in equity or at law, in any court of competent jurisdiction, for any relief permitted by law, including the specific performance of any covenant or agreement contained herein, or thereby 10 enjoin any act or thmg that may be unlawful or in violation of any right of the registered owners hereunder or any combination of such remedies. (ll) It is provided that all such proceedings shall be instituted and maintained for the equal benefit of all registered owners of Bonds then outstanding. -35- - Ie) Remedies Not Exclusive. (i) No remedy herein conferred or reserved is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or under the Bonds or now or hereafter existmg at Jawor m equity. provided, however, that notwithstanding any other provision of this Ordinance, the right to accelerate the debt evidenced by the Bonds shall not be available as a remedy under this Ordinance. (ii) The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of any other available remedy. (iil) By accepting the delivery of a Bond authorized under this Ordinance, such registered owner agrees that the certifications required to effectuate any covenants or representations contained in this Ordinance do not and shall never constitute or give rise to a personal or pecuniary liability or charge against the officers, employees or trustees of the City or the City Council. (1\) None of the members ofthe City Council, nor any other official or officer, agent, ,Ir employee of the City, shall be charged personally by the registered owners with any liability, or be held personally liable to the registered owners under any term or provision of this Ordinance, or because of any Event of Default or alleged Event of Default under this Ordinance Section 31. FURTHER PROCEEDINGS. That the Mayor, the City Manager, any Assistant City Manager, the City Secretary, and the Director of Financial Services, and all other officers, employees and agents of the City, and each of them, shall be and they are hereby expressly authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknow ledge and deliver in the name and under the corporate seal and on behalf ofthe CIty all such instruments, whether herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance and the Bonds, including, but not limited to, conforming documents to receive the approval of the Texas Attorney General and to receive ratings from municipal bond rating agencies, the printing of a statement relating to the insuring of the Bonds by a municipal bond insurance company, and, if necessary, executing and delivering a guaranty agreement ofthe type referred to in Section 32 hereof and a "Blanket Letter of Representations" in the form prOVIded by DTC. Section 32. BOND INSURANCE AND DEBT SERVICE RESERVE FUND INSURANCE POLICIES. That the City Manager is authorized, in connection with effecting the sale ofthe Bonds, to obtam from a municipal bond insurance company so designated in the Purchase Agreement (the "Insurer") a municipal bond insurance policy and a debt service reserve fund policy in support ofthe Bonds. To that end, should the City Manager exercise such authority and commit the City to obtain either a municipal bond insurance policy and a debt service reserve fund policy, or both, for so long as either or both policies are in effect, the requirements of the Insurer relating to the issuance of said policies are incorporated by reference into this Ordinance and made a part hereoffor .36 ~ all purposes, notwithstanding any other provision of this Ordinance to the contrary. For purposes of thIS Ordinance. the Required Amount shall include the debt service on the Bonds as well as the Outstanding PrevIously Issued Priority Bonds. The City Manager and any Assistant City Manager shall have the authority to execute any documents to effect the issuance of said policies by the Insurer including, without limitatlOn, a guaranty agreement to be delivered in connection with the debt service reserve fund policy in substantially the form previously approved by the City Council in connection with Previously Issued Pnority Bonds SectlOn 33 COMPLIANCE WITH RULE 15c2-12. (a) Annual Reports. (i) That the City shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year as described in an exhibIt attached to trus Ordinance, financial information and operating data with respect to the City of the general type included in the fmal Official Statement authorized by SectlOn 2(c) of this Ordinance, being the information described in Exhibit B attached to this Ordinance. Any financial statements to be so provided shall be (1) prepared in accordance with the accounting principles described in Exhibit B attached hereto, or such other accounting principles as the City may be required to employ from time to time thereafter pursuant to state law or regulation, and (2) audited, if the Cit} commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such penod, then the City shall provide unaudited financial statements within such period and shall provide audited financial statements for the applicable fiscal year to each NRMSIR and any SID. when and ifthe audit report on such statements become available. (ii) If the City changes its fiscal year, it will notify each NRMSIR and any SID 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 [mancial information and operating data pursuant to this Section. The 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. If it is available from the MSRB) that theretofore has been proVIded to each NRMSJR and any SID or filed with the SEe (b) Material Event Notices. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Bonds, if such event is rnatenal within the meaning of the federal secunties laws: I. Pnncipal and interest payment delinquencies; 2. Non-payment related defaults; 3 Unscheduled draws on debt service reserves reflecting fmancial difficulties; 4 Unscheduled draws on credit enhancements reflecting fmancial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the Bonds; 7 Modifications to rights of holders of the Bonds; 8. Bond calls; 9. Defeasances; 10 Release, substitution, or sale of property securing repayment of the Bonds; and II Rating changes .r ~ The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the City to provide fmancial information or operating data in accordance with subsection ( a) 0 f this Section by the time required by such subsection. Any filing under this Section may be made solely by transmitting such filing to the MAC as provided at htto://www.disclosureusa.org, unless the SEC has withdrawn the interpretive advice stated in its letter to the MAC dated September 7,2004 (c) Limitations, Disclaimers, and Amendments. (i) The City shall be obligated to observe and perform the covenants specified m this Article 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 made in accordance with this Ordinance or applicable law that causes Bonds no longer to be outstanding. (ii) The provisions of this Section are for the sole benefit of the registered owners 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 (ill) UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE REGISTERED OWNER 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 WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS ARTICLE, 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 (iv) No default by the City in observing or performing its obligations under this Section shall comprise 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. (v) The provisions ofthis 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 since such offering as well as such changed circumstances and (2) either (a) the registered owners 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 -38 - Bonds consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) detennined that such amendment will not materially impair the interest of the registered owners and beneficial owners of the Bonds. If the City so amends the provisions of this Section, it shall include with any amended fmancial information or operating data next provided in accordance with subsection (a) of this Section an explanation, in narrative form, ofthe reason for the amendment and ofthe unpact orany change in the type offmancial infonnation or operating data so provided The City may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdichon enters Judgment that such prOVisions of the Rule are invalid, but only if and to the extent that the proVIsions of this sentence would not prevent an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds Section34 ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR THE PROJECT. That the City covenants to account for on its books and records the expenditure of proceeds from the sale of the Bonds and any investment earnings thereon to be used for the improvement and extension of the System (referred to herein and Section 35 hereof as a "Project") by allocating proceeds to expenditures within 18 months of the later of the date that (a) the expenditure on a Project is made or (b) each such Project is completed. The foregoing notWithstanding, the City shall not expend such proceeds or investment earnings more than 60 days after the later of ( a I the fifth anniversary of the date of delivery of the Bonds or (b) the date the Bonds are retired, unless the City obtains an opinion ofnationally-recognized bond counsel substantially to the effect that such expenditure will not adversely affect the tax-exempt status of the Bonds. For purposes of this Section, the City shall not be obligated to comply with this covenant ifit obtains an opinion of nationally-recognized bond counsel to the effect that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. Section 35, DISPOSITION OF PROJECT. That the City covenants that the property COnstItuting a Project will not be sold or otherwise disposed in a transaction resulting in the receipt by the City of cash or other compensation, unless the City obtains an opinion of nationally-recognized bond counsel substantially to the effect that such sale or other disposition will not adversely affect the tax-exempt status of the Bonds. For purposes of this Section. the portion of the property comprismg personal property and disposed of in the ordinary course ofbusiness shall not be treated as a transaction resulting in the receipt of cash or other compensation. For purposes ofthis Section, the Issuer shall not be obligated to comply with thIS covenant ifit obtains an opinion of nationally- recognized bond counsel to the effect that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. Section 36 REASONS FOR REFUNDING. (a) Refunded Commercial Paper Notes. That the City hereby finds that the issuance of the Bonds for the purpose ofrefunding the Refunded Commercial Paper Notes IS a public purpose. Concurrently with the delivery ofthe Bonds, proceeds in the amount ofthe principal amount ofthe Refunded Commercial Paper Notes shall be deposited to the credit of the Note Payment Fund to refund the Refunded Commercial Paper Notes so designated by the Director of Financial Services to be refunded and retired with proceeds of the Bonds, in accordance with and as further described in a letter of instructions addressed to the "Issuing and Paying Agent" for the Series B Commercial Paper Notes. The Series B Commercial Paper Notes are being refunded to convert interim fmancing into long-term fixed rate financing, as contemplated -39. by the City in the operation of the interim financing program for the System. Therefore, the manner in which the refunding of the Series B Commercial Paper Notes is being executed by the City does not make it practicable to make the determinations required by subsection (a) of Section 1207.008, Texas Government Code (b) Refunded Bonds. That the City hereby fmds that the issuance of the Bonds for the purpose of refunding the Refunded Bonds to realize a net present value savings is a public purpose. As a condition to the issuance of the Bonds, the refunding of the aggregate principal amount of the Refunded Bonds must produce (i) a net present value savings, calculated in accordance with GASB Statement No.7. of at least 3.00%. and (ii) a posItive gross savings. The City Manager may elect not to refund any or all of the Refundable Bonds listed in Schedule I, but in no event shall the Bonds be issued for the purpose of refunding Refunded Bonds if the refunding of the aggregate principal amount of the obligations selected for refunding does not result in the minimum savings threshold established in this Section being realized. On or before the date of delivery ofthe Bonds, the Director of Financial Services shall execute and deliver to the City Council a certificate stating that the savings thresholds herein established have been realized. This certificate shall specifically state both the net present value savmgs and the gross savings realized by the City as a result ofrefunding the Refunded Bonds. In additiOn, the City hereby determines that, subject to the execution of the Purchase Agreement with the Underwriters and the delivery of the Bonds, the Refunded Bonds shall be called for redemption on the redemption date or dates set forth in Schedule I, at the applicable redemption price to the date tixed for redemption as provided in Schedule I. The City Manager or the designee thereof shall take such actions as are necessary to cause the required notice ofredemption to be given in accordance with the terms of each ordinance for the Refunded Bonds called for redemption. The determination of the City Manager relating to the Issuance and sale of Bonds to refund Refunded Bonds m such pnncipal amount as proVIded in the Purchase Contract shall have the same force and effect as If such determination were made by the City Council. In connection with the refunding of the Refunded Bonds, the City Manager is hereby authorized to execute and delivery the Escrow Agreement. in substantially the fonn attached te this Ordinance and made a part hereof for all purposes Section3!. MISCELLANEOUS PROVISIONS. (a) Preamble. Thatthepreambleto this Ordinance shall be considered an integral part of this Ordinance, and is herein incorporated as part of the body of this Ordinance for all purposes. (b) Immediate E1Ject This Ordinance shall be effective immediately from and after its passage in accordance with the provisions of SectIon 1201.028, Texas Government Code. (c) Open Meeting. It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and public notice of the time, place and purpose ofsaid meeting was given. all as required by Chapter 551 Texas Government Code. (d) Rules of Construction. 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. Except where the context otherwise requires, terms defined in this Ordinance to impartqthe singular number shall be considered to include the plural number and vice versa. References to any named person means 1 hat party and its successors and assigns. References to any constitutional, -40 statutory or regulatory provision means such provision as it exists on the date this Ordinance is adopted by the City and any future amendments thereto or successor provisions thereof. Any reference to the payment of principal in this Ordinance shall be deemed to include the payment of any mandatory sinking fund redemption payments as may be described herein. Any reference to FORM OF BOND shall refer to the fonn attached to this Ordinance as Exhibit A. (e) Inconsistent Provisions. All orders and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed and declared to be inapplicable, and the provisions of this Ordinance shall be and remain controlling as to the matters prescribed herem (f) Payment of Attorney General Fee. The City Council hereby authorizes the payment of the fee of the Office of the Attorney General for the examination of the proceedings relating to the issuance of the Bonds, m the amount determined in accordance with the provisions of Section 1202004, Texas Government Code. SIGNED AND SEALED THIS 26TH DAY OF SEPTEMBER, 2006. Mayor, City of Corpus Christi, Texas City Secretary (SEAL) APPROVED THIS DA Y OF SEPTEMBER, 2006: MAR Y KAY FISCHER CITY ATTORNEY Ai SCHEDULE I CITY OF CORPUS CHRISTI, TEXAS UTILITY SYSTEM REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 1999, dated May 1, 1999, bonds maturing on July I 5 in each of the years 2010 and 2019, inclusive, in the following principal amounts: 2010 2019 $1,900,000 $5,810,000 aggregating $7,710,000 ill prinCipal amount; REDEMPTION DATE: July 15, 2009 -42 EXHIBIT A FORM OF BOND NO. $ UNiTED STATES OF AMERICA STATE OF TEXAS COUNTIES OF NUECES AND SAN PATRICIa CITY OF CORPUS CHRISTI, TEXAS UTILITY SYSTEM REVENUE REFUNDING AND IMPROVEMENT BOND SERIES 2006 MA TURITY DATE INTEREST RATE BOND DATE CUSIP ON THE MA TUR1TY DATE SPECIFIED ABOVE, THE CITY OF CORPUS CHRISTI, IN NUECES AND SAN PATRICIa COUNTIES, TEXAS (the "Issuer"), hereby promises to pay to ____ _ ____ _' or to the registered assignee hereof (either being hereinafter called the "registered owner") the principal amount of DOLLARS and to pay interest thereon from the Bond Date specified above, on January 15, 2007 and semiannu- ally on each July 15 and January 15 thereafter to the maturity date specified above, or the date of redemptIon prior to maturIty, at the interest rate per annum specified above; except that if the Paying Agent/Registrar's AuthentIcation Certificate appearing on the face of this Bond is dated later than January 15, 2007. such interest is payable semiannually on each July 15 and January 15 following such date. THE PRINCIPAl OF AND INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Bond shall be paId to the registered owner hereof upon presentation and surrender of this Bond at maturity or upon the date fixed for its redemption prior to maturity, at the designated trust office in Dallas, Texas (the "Designated Trust Office") of The Bank of New York Trust Company, N.A., which is the "Paying Agent/Registrar" fOr this Bond. The payment of interest on this Bond shall be made by the Paying Agent/RegIstrar to the registered owner hereof on each interest payment date by check or draft, dated as ofsuch interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of this Bond (the ''Bond Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid. on each such mterest payment date, to the registered owner hereof, at its address as it appeared on the last busmess day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. Any accrued mterest due at maturity or upon the redemption of this Bond prior to maturity as provided herem shall be paid to the registered owner upon presentation and surrender of this Bond for redemption and payment at the Designated Trust Office ofthe Paying Agent/Registrar. The Issuer covenants with the registered owner ofthis Bond that on or before each principal payment date, interest payment date, and accrued interest payment date for this Bond it will make available to the Paying Agent/Registrar, from the "Debt Service Fund" created by the Bond Ordinance, the amounts required to provIde for the payment, in immediately available funds, of all principal of and interest on the Bonds, when due. IF THE DATE for the payment of the principal of or interest on this Bond shall bea Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Designated Trust Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, or the United States Postal Service is not open for business, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close, or the United States Postal Service is not open for business; and payment on such date shall have the same force and effect as if made on the original date payment was due THIS BOND is one of a senes of bonds oflike tenor and effect except as to number, principal amount, interest rate, maturity, and right of prior redemption, dated as of the Bond Date specified above, aggregating $___ (herein sometimes called the "Bonds"), issued for the purpose of refunding outstanding Utility System Commercial Paper Notes, Series B, issued by the City initially to finance improvements and extensions to the Utility System (the "System"), refunding the "Refunded Bonds" (as defined in the Bond Ordinance), financing improvements and extensions to the System, and to pay the costs of issuing the Bonds. THE OUTSTANDING BONDS maturing on and after July 15, 201_ maybe redeemed prior to therr scheduled maturities, at the option of the Issuer, in whole, or in part on July 15,201_, or on any date thereafter, at the redemption price of par plus accrued interest thereon to the date fixed for redemption. The Bonds or portions thereof redeemed within a maturity shall be selected by lot or other customary random method selected by the Paying Agent/Registrar (provided that a portion of a Bond may be redeemed only in an integral multiple of$5,000); provided, that during any period in which ownership ofthe Bonds is determined only by a book entry at a securities depository for the Bonds, lffewer than all of the Bonds ofthe same maturity and bearing the same interest rate are to be redeemed, the particular Bonds of such maturity and bearing such interest rate shall be selected in accordance with the arrangements between the Board and the securities depository. THE BONDS are also subject to mandatory redemption in part by lot pursuant to the terms of the Ordinance, onluly 15 in each of the years 20__ through 20_, with respect to Bonds maturing July 15, 20_, in the following years and in the following amounts, at a price equal to the principal amount thereof and accrued and unpaid interest to the date of redemption, without premium: Year PrinciDal Amount · Final Maturity ...... To the extent, however, that Bonds subject to sinking fund redemption have been previously purchased or called for redemption in part and otherwise than from a sinking fund redemption payment, each annual sinking fund payment for such Bond shall be reduced by the amount obtained by multiplying the principal amount of Bonds so purchased or redeemed by the ratio which each remaining annual sinking fund redemption payment for such Bonds bears to the total remaining sinkmg fund payments, and by rounding each such payment to the nearest $5,000 integral;provided, that during any period ill which ownership of the Bonds is determined only by a book entry at a securitIes depository for the Bonds, the particular Bonds to be called for mandatory redemption shall be selected ill accordance with the arrangements between the City and the securities depository. NOTICE OF an) such redemption of Bonds shall be given in the following manner, to-wit, (i) a written notice of such redemptIon shall be given to the registered owner of each Bond or a portIon thereofbemg called for redemptIon not more than 60 days nor less than 30 days prior to the date fixed for such redemption by depositing such notice in the United States mail, first-class, postage prepaid, addressed to each such registered owner at the address thereof shown on the Registration Books ofthe Paymg Agent/Registrar and (ii) a notIce of such redemption shall be published one time, at least 30 days prior to the date fixed for such redemption, in a journal or publication of general circulation III the United States of America or the State of Texas which carries as a regular feature notices ofredemptlon ofmunicipal bonds; provided, however, that the failure to send, mail, or receive such notice described in clause (i) above, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Bond, as publication of notice as described in clause (ii) above shall be the only notice actually required in connection with or as a prerequisite to the redemption of any Bonds. By the date fixed for any such redemption due provision shall be made by the Issuer with the Paying Agent/Registrar for the payment of the required redemption pnce for this Bond or the portion hereof which is to be so re- deemed, plus accrued interest thereon to the date fixed for redemption. Ifsuch notice of redemption is given, and if due provision for such payment is made, all as provided above, this Bond, or the portion hereof whlch is to be so redeemed, thereby automatically shall be redeemed prior to its scheduled maturity, and shall not bear or accrue interest after the date fixed for its redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price plus accrued interest to the date tlxed for redemption from the Paying Agent/Reg- istrar out of the funds provided for such payment The Paying Agent/Registrar shall record in the Registration Books all such redemptions of principal amount of this Bond or any portion hereof. If a portIon of any Bond shall be redeemed a substitute Bond or Bonds having the same maturity date, bearmg interest at the same rate, in any Authorized Denomination at the written request of the registered owner, and in an aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer. all as prOVided in 'he Bond Ordinance. I\.LL BON DS OF THIS SERIES are issuable solely as fully registered bonds, without interest coupons, in an Authorized Denomination (as defined in the Bond Ordinance). As provided in the Bond Ordinance, this Bond may, at the request of the registered owner or the assignee or assignees hereof, be assigned. transferred. converted into and exchanged for a like aggregate amount offully registered Bonds, without mterest coupons, payable to the appropriate registered owner, assignee or '...,.,.. assignees, as the case may be, having any authorized denomination or denominations as requested in writing by the appropriate registered owner, assignee or assignees, as the case may be, upon sur- render of this Bond to the Paying Agent/Registrar at its Designated Trust Office for cancellation, all in accordance with the fonn and procedures set forth in the Bond Ordinance. Among other requirements for such assignment and transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments ofassignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment ofthis Bond or any portion or portions hereofin any authorized denomination to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be registered. The form of Assignment printed or endorsed on thIS Bond may be executed by the registered owner to evidence the assignment hereof, but such method is not exclusive, and other instruments of assignment satisfac- tory to the Paying Agent/Registrar may be used to evidence the assignment of this Bond or any portion or portions hereof from time to time by the registered owner. The one requesting such con- version and exchange shall pay the Paying Agent/Registrar's reasonable standard or customary fees and charges for converting and exchanging any Bond or portion thereof. In any circumstance, any taxes or governmental charges required to be paid with respect thereto shall be paid by the one re- questmg such assignment. transfer. conversion or exchange, as a condition precedent to the exercise of such privilege. The foregoing notwithstanding, ill the case of the conversion and exchange of an assigned and transferred Bond or Bonds or any portion or portions thereof, such fees and charges of the Paying Agent/Registrar will be paid by the Issuer. The Paying Agent/Registrar shall not be required (i) to make any such transfer, conversion or exchange during the period beginning at the opening of business 30 days before the day of the first mailing ofa notice ofredemption and ending at the close of bus mess on the day of such mailing, or (ii) to transfer, convert or exchange any Bonds so selected for redemption when such redemption is scheduled to occur within 30 calendar days; proVIded, however. such limitation of transfer shall not be applicable to an exchange by the registered owner of an unredeemed balance of a Bond called for redemption in part. WHENEVER the beneficial ownership of this Bond is determined by a book entry at a secunties depository for the Bonds. the foregoing requirements of holding, delivering or transferring this Bond shall be modified to require the appropriate person or entity to meet the requirements of the securities depository as to registermg or transferring the book entry to produce the same effect. I N THE E VENT any Paying Agent/Registrar for the Bonds is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, whose qualifications substantially are sunilar to the previous Paying Agent/Registrar it is replacing, and promptly will cause written notice thereof to be mailed to the registered owners of the Bonds. BY BECOMIN(l the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and records ofthe Issuer, and agrees that the terms and provisions ofthis Bond and the Bond Ordinance constitute a contract between each registered owner hereofand the Issuer. - THE BONDS are special obligations of the Issuer payable solely from and equally secured, together with the currently outstanding Previously Issued Priority Bonds (as such term is defined in the Bond Ordinance), by a first lien on and pledge ofthe "Pledged Revenues" (as such term is defined in the Bond Ordinance) of the System. The Issuer has reserved the right, subject to the restrictions stated, and adopted by reference, in the Bond Ordinance, to issue additional parity revenue bonds which also may be made payable from, and secured by a first lien on and pledge of, the aforesaid Pledged Revenues. For a more complete description and identification of the revenues and funds pledged to the payment of the Bonds, and other obligations ofthe Issuer secured by and payable from the same source or sources as the Bonds, reference is hereby made to the Bond Ordinance. THE ISSUER has reserved the right, subject to the restrictions stated, and adopted by reference, in the Bond Ordinance. to amend the Bond Ordinance; and under some (but not all) circumstances amendments must be approved by the owners of a majority in aggregate principal amount of the outstanding Priority Bonds (as defmed in the Bond Ordinance). THE REG] STERED OWNER HEREOF shall never have the right to demand payment ofthis obligation out 0 f any funds raised or to be raised by taxation. IT IS HEREBY certified and covenanted that this Bond has been duly and validly authorized, issued and delivered; and that all acts, conditions and things required or proper to be performed, exist and be done precedent to or in the authorization, issuance and delivery of this Bond have been performed, existed and been done in accordance with law. IN WITNESS WHEREOF, thls Bond has been signed with the imprinted or lithographed mcsimile signature of the Mayor of said Issuer, attested by the imprinted or lithographed facsimile signature of the City Secretary, and the official seal of said Issuer has been duly affixed to, printed, lithographed or impressed on this Bond CITY OF CORPUS CHRISTI, TEXAS By Mayor, City of Corpus Christi, Texas ATTEST: City Secretary, City of Corpus Christi, Texas (SEAL) ..... FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE: PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE IT 0 be executed if this Bond IS not accompanied by an executed Registration Certificate of the Comptroller of Public Accounts of the State of Texas) It is hereby certIfied that this Bond has been issued under the provisions of the Bond Ordinance described on the face of this Bond; and that this Bond has been issued in exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. Dated: The Bank of New York Trust Company, N.A., Paying Agent/Registrar By: Authorized Signatory FORM OF ASSIGNMENT: ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto -'-.---...----..---.-----..,.-.-- ....__._-_._-~ Please insert SOClal Security or Taxpayer Identification Number of Transferee (Please print or typewrite name and address, including zip code of Transferee) -"'-""-'--'~"'-"_.,_. '-~-- "'-~- --"-" -...~---~ ,-- .--- .----,.-.- ".-.------.- --,.-.-----. - the within Bond and all rights thereunder. and hereby irrevocably constitutes and appoints ~""__""'___'_' .m___'......_... _.0_'__ _.__ _ _ _____,_.._.._. '.'..______."..__._.___<___.____ attorney to register the transfer of the within Bond on the books kept for registration thereof: with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. NOTICE: The signature above must correspond with the name of the Registered Owner as it appears upon the front of this Bond in every particular, without alteration or enlargement or any change whatsoever. ~ FORM OF COMPTROLLER'S REGISTRATION CERTIFICATE: OFFICE OF COMPTROLLER REGISTER NO. STATE OF TEXAS I hereby certifY that this Bond has been examined, certified as to validity, and approved by the Attorney General ofthe State of Texas and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas Witness my signature and seal this Comptroller of Public Accounts of the State of Texas (SEAL) The City hereby authorizes an appropriate statement of insurance furnished by a municipal bond insurance company providing municipal bond insurance, if any, covering all or any part ofthe Bonds, to accompany the Bonds ******************* Exhibit B to Ordinance DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 33 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 Fiscal Year ending in and after 2006 are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: Tables 1 through 25 contained in the Official Statement; and The Audited Financial Statement of the City. as set forth in Appendix B to the Official Statement. 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 THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI L 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 26th day of September, 2006, authorizing the issuance of Utility System Revenue Refunding and Improvement Bonds, Series 2006, 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 26th day of September, 2006 City Secretary, City of Corpus Christi, Texas (SEAL) 21 CITY COUNCIL AGENDA MEMORANDUM September 26,2006 AGENDA ITEM: Ordinance ordering a general election to be held on April 14, 2007, in the City of Corpus Christi for the election of Mayor and eight Council Members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing the city Secretary to contract with the Nueces County election officer for equipment and supplies necessary to conduct the election, selection of May 19, 2007, as the runoff election date, if one is necessary; enacting provisions incident and relating to the subject and purpose of this ordinance ISSUE: Whether the date of the regular City election should be moved from Saturday, April 7, 2007, to Saturday, April 14, 2007, in order to avoid the Easter weekend holiday, with a runoff election date of Saturday, May 19, 2007 REQUIRED COUNCIL ACTION: Adoption of proposed ordinance, PREVIOUS COUNCIL ACTIONS: N/A FlJNDING: N/A RECOMMENDATION AND CONCLUSION: Staff recommends Council adopt the proposed ordinance and order the regular City election to be held on Saturday, April 14, 2007, with a runoff date, if necessary, on Saturday, May 19, 2007, ~OChapa City Secretary BACKGROUND INFORMATION April 7th is the first Saturday in April, 2007, and falls during the Easter holiday weekend. The first Saturday in Apnl is the usual date of the regular City election. Our City Charter provides for the holding of a regular City election for Mayor and Council Members, on the first Saturday in April in odd-numbered years, or on an alternate Saturday in April selected by City Council, as long as the election date is selected at least three months prior to the election date. The Texas Election Code, Section 41.0051, allows City Council to hold the general election on any Saturday in April in odd-numbered years. In order to avoid holding the election during the Easter holiday weekend, Council may order the regular City election to be held on Saturday, April 14, 2007. Should a runoff election be required, Council may order the runoff election to be held on Saturday, May 19, 2007, to avoid conflict with the Buc Days Celebration and comply with the statutory requirements for a runoff election -......, Page 1 of 4 AN ORDINANCE ORDERING A GENERAL ELECTION TO BE HELD ON APRIL 14, 2007, IN THE CITY OF CORPUS CHRISTI FOR THE ELECTION OF MAYOR AND EIGHT COUNCIL MEMBERS; PROVIDING FOR PROCEDURES FOR HOLDING SUCH ELECTION; PROVIDING FOR NOTICE OF ELECTION AND PUBLICATION THEREOF; PROVIDING FOR ESTABLISHMENT OF BRANCH EARLY POLLING PLACES; DESIGNATING POLLING PLACE LOCATIONS; AUTHORIZING THE CITY SECRETARY TO CONTRACT WITH THE NUECES COUNTY ELECTION OFFICER FOR EQUIPMENT AND SUPPLIES NECESSARY TO CONDUCT THE ELECTION; SELECTION OF MAY 19, 2007, AS THE RUNOFF ELECTION DATE, IF ONE IS NECESSARY; ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE VWiEREAS, the City Charter provides for the holding of a regular City election for Mayor and Council Members in the City of Corpus Christi, on the first Saturday in April in odd- numbered years, or on an alternate Saturday in April selected by City Council, as long as the election date is selected at least three months prior to the election date; and WHEREAS, Texas Election Code, Section 41.0051, allows City Council to hold the general election on any Saturday in April in odd-numbered years; and WHEREAS, the first Saturday in April, 2007 (April 7) is during the Easter holiday weekend; and WHEREAS, City Council deems it in the public interest to call the general election on the second Saturday in April, 2007 (April 14), with a runoff election, if required, to be held on the third Saturday in May, 2007 (May 19); and WHEREAS, it is provided in Section 3.004 of the Texas Election Code that municipal authorities shall order elections pertaining to municipal affairs, and other provisions of the Election Code provide for notice, appointment of officers to hold the election, and oller matters related to the holding of the election. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT' SECTION 1. A regular City election (hereinafter "the Election") for a Mayor and eight Council Members shall be held in the City of Corpus Christi, Texas on the second Saturday in April, 2007 (April 14). SECTION 2. At the Election all qualified voters of the City of Corpus Christi shall be permitted to vote. C:\DOCU ME-1 \user.OOO\LOCALS-1 \ T emp\GeneralElection2007 .doc ...... P8ge 2 of 4 SECTION 3 The names of candidates for the oHice of Mayor and the names of candidates for the office of the City Council members shall be placed on said ballot in the manner and form prescribed by law. SECTION 4, The eSlate direct recording equipment (ORE) shall be employed at the election in accordance with the Texas Election Code and the Election shall be held at the polling places in the regularly prescribed precincts of the City of Corpus Christi, as set forth on Attachment A hereto incorporated by reference and made part of this ordinance (said Attachment A to be approved and attached when the polling places in the regularly prescribed precincts are finally determined). The Election shall be held in accordance with the Election Laws of the State of Texas. The polls shall be open from 7:00 a.m. to 7:00 p.m. on the date of the Election. SECTION 5. The City Secretary shall conduct the Election as directed by ordinance of the City Council and by law. He is directed to request consideration by the U.S. Department of Justice by the submission of any change herein which require preclearance, and providing such demographic data and information as required by law. SECTION 6. The eSlate direct recording equipment shall be used for the conduct of the Election on Election Day and for early voting. Early voting in person at each of the temporary branch polling places shall be conducted from 8:00 a.m. to 5:00 p.m., Monday through Friday, beginning on March 28, 2007, and ending on April 10, 2007. Such early voting in person may be conducted at the main early voting polling place located at City Hall in the lobby adjacent to the Utilities Business office, 1201 Leopard, or at the temporary branch polling places hereby established as follows: Northwest Site Westside Site Southside Site Flour Bluff Site Central Site Hilltop Community Center Greenwood Senior Citizen Center C. C. Area Council for the Deaf Nueces County Building Nueces County Courthouse 11425 Leopard 4040 Greenwood 5151 McArdle 10110 Compton Road 901 Leopard In addition, early voting in person may be conducted at the mobile temporary branch pofling places set forth in Attachment B, and then incorporated by reference and made a part of this ordinance, during the days and hours specified therein (said Attachment B to be attached when the mobile polling places are finally determined). The City Secretary is authorized, in the event of an emergency, preventing any of the designated polling pieces from being utilized, to provide for suitable replacement locations. Each branch polling place and the main early polling place shall serve all election plecincts. SECTION 7. The City Secretary is directed to post and publish such election notices as are required by the Election Laws of the State of Texas. The City Secretary is further a,pointed as the authority and officer responsible for the conduct of said election and is hereby authorized and directed to make all necessary arrangements for the holding of C:\DOCU ME-1 \user, OOO\LOCALS-1 \ T emp\GeneralElection2007 ,doc Page 3 of 4 said election in accordance with and subject to the laws of this State, including, but not limited to, contracting on behalf of the City Council with the Nueces County Election Officer in accordance with Chapter 31, Subchapter D, Election Code, for the use of tabulation equipment and supplies for the General Election and Runoff Election, if one is necessary, for costs of the election, In accordance with the Joint Election Agreement to De executed with Nueces County. ;'he City Secretary is authorized to approve alllawfu\ changes and additions to the procedures provide herein in order to implement such agreement, including, but not limited to, provisions for substations and mobile voting sites, SECTION 8. That a Runoff Election, should one be required, shall be held on the third Saturday in May, 2007 (May 19) pursuant to Sections 41.001 and 41.031 of the Texas Election Code, between the hours of seven o'clock (7:00) a.m. and seven o'clock (7:00) p.m. SECTION 9. By approving and signing this ordinance, the Mayor officially confirms as his action all matters recited in this ordinance which by law come within his jurisdiction. SECTION 10. 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 11. This ordinance shall take effect and be in full force and effect from and after its passage on second reading. C:\DOCUME-1 \user.OOO\LOCALS-1 \ T emp\GeneralElection2007 .doc Page 4 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the _ day of _ ' 2006, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the __ day of ___________' 2006 by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly PASSED AND APPROVED, this the __ day of ,2006. ATTEST: Armando Chapa City Secretary Henry Garrett Mayor APPROVED: September 20, 2006 . Smith Assistant City Attorney for City Attorney C:\DOCU ME -1 \user. OOO\LOCAL 5-1 \T emp\GeneralElection2007 .doc 22 ....... ,- CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Preview of Bayfest 2006 - presented by Baytest Organizers. STAFF PRESENTER(S): Name 1. NI A 2. 3. Title/Position DeDartment OUTSIDE PRESENTER(S): Name Title/Position Oraanization 1. Janice Cubellis 2. Bayfest 2006 ISSUE: N/A BACKGROUND: S8yfest 2006 is scheduled for September 29 - October 1,2006. REQUIRED COUNCIL ACTION: N/A Additional Background Exhibits 23 . CITY COUNCIL AGENDA MEMORANDUM PRESENTA rlON AGENDA ITEM: Presentation of 4th Quarter FY 2005-2006 Budget! Performance Report. STAFF PRESENTER(S): ----!fame Tltle/Posltlon DeDartment 1. Oscar Martinez Assistant City Manager - Administrative Services 2. Eddie Houlihan Assistant Budget Director I8BUE: The 4th Quarter Report for the period ended July 31, 2006 has been completed and distributed to the City Council on September 22, 2006. The report is now formally presented for Council Review. REQUIRED COUNCIL ACTION: No formal action is required. ~d I( ~.~ EddIe Houlihan Assistant Budget Director P"'" Point Presentation X ElChibits ~....<....,.